RFP with Exhibits A_B_C_D.pdf

REQUEST FOR PROPOSALS

FOR

PROFESSIONAL STRUCTURAL ENGINEERING, ARCHITECTURAL, AND GEOTECHNICAL

SERVICES, AS-NEEDED

PROPOSALS DUE:

MAY 13, 2025, AT 2:00 P.M.

SAN DIEGO COUNTY WATER AUTHORITY

4677 OVERLAND AVENUE

SAN DIEGO, CA 92123

0140.100 - StructuralRFP

TABLE OF CONTENTS

SECTIONS

1.0 INTRODUCTION

2.0 WATER AUTHORITY BACKGROUND

3.0 PROJECT BACKGROUND

4.0 SCOPE OF WORK

5.0 PREVAILING WAGE

6.0 DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION

7.0 PRE-SUBMITTAL ACTIVITIES

8.0 SUBMITTAL REQUIREMENTS

9.0 PROPOSAL REQUIREMENTS

10.0 DESIGN PROFESSIONAL NOMINATION AND SELECTION PROCESS

11.0 EVALUATION CRITERIA

12.0 SCHEDULE FOR NOMINATION, SELECTION, AND AWARD

13.0 SMALL CONTRACTOR OUTREACH AND OPPORTUNITIES PROGRAM (SCOOP)

REQUIREMENTS

14.0 SPECIAL CONDITIONS

EXHIBITS

A. Sample Design Professional Services Contract B. SCOOP Reporting Forms, Schedules A-1 and A-2 C. Contractor and Subcontractor Department of Industrial Relations Classifications D. SCOOP List E. Reference Documents:

Engineering Standard Document 120 – Drafting Manual Engineering Standard Document 150 – Specifications Style Guide Engineering Standard Document 160 – Design Manual, Volumes 1 and 2 Engineering Standard Document 260 – Cost Estimating Guidelines

REQUEST FOR PROPOSALS

FOR

PROFESSIONAL STRUCTURAL ENGINEERING, ARCHITECTURAL, AND GEOTECHNICAL

SERVICES, AS-NEEDED

1.0 INTRODUCTION

The San Diego County Water Authority (Water Authority) is soliciting proposals from qualified firms for professional structural engineering, architectural, and geotechnical services on an as-needed basis for a period of three years. The Water Authority, at its option, may extend the contract term for up to two additional years. The Water Authority may award multiple contracts of varying amounts for these services, which in the aggregate will not exceed $3,000,000.

This Request for Proposals (RFP) describes the Project, the required scope of services, the Design Professional selection process, and the minimum information that must be included in the Proposal.

Failure to submit information in accordance with this RFP’s requirements and procedures may be cause for disqualification.

2.0 WATER AUTHORITY BACKGROUND

The Water Authority was organized on June 9, 1944, to provide a safe and reliable water supply to its member agencies serving the San Diego Region. The Water Authority has 22 member agencies, consisting of 6 cities, 15 special districts, and Camp Pendleton Marine Corps Base. The Water Authority is governed by a 34-member Board of Directors. The General Manager and staff implement the policies approved by the Board of Directors and handle the agency’s day-to-day operations.

The approximate population of San Diego County is 3.3 million people, 95 percent of whom live within the Water Authority’s service area. The service area lies within the foothills and coastal areas of the westerly third of San Diego County, encompassing approximately 951,000 acres.

3.0 PROJECT BACKGROUND

The Water Authority anticipates a need for professional structural engineering, architectural, and geotechnical services to ensure its mission to provide a safe and reliable supply of water to its member agencies serving the San Diego region. These services include, but are not limited to, structural engineering designs for concrete pipeline encasements, vault structures, flow control facilities, prestressed concrete cylinder pipe, facility condition assessment, geotechnical investigations and reports, monitoring of groundwater wells, architectural services, construction support services, and quality assurance reviews of Contract plans and specifications in this specialty area.

Selection will be made based upon the evaluation criteria provided in Section 11.0 of this RFP.

Work for each project will be individually negotiated for a not-to-exceed amount based upon the approved Contract Attachment B, Payment and Fee Schedule. A written letter of authorization will be issued for each project defining the scope of work, compensation, and schedule.

4.0 SCOPE OF WORK

Design Professional shall provide as-needed structural engineering, architectural, and geotechnical services. Examples of tasks include the structural evaluation and design of existing water facility structures; the design or inspection of pipe supports, thrust restraints, concrete pipe encasements, concrete slabs, vaults, walls, and other structures; contractor submittal reviews and construction support services; and quality assurance reviews of Contract plans and specifications in this specialty area. Architectural services may include floor plans and sections; roof plans; exterior elevations;

details; finish schedules; door schedules; window and louver schedules; fixtures schedules; and contractor submittal reviews and construction support services. Geotechnical services may include geotechnical field reconnaissance; subsurface investigation; groundwater monitoring and sampling wells; geologic mapping; field sampling and measurements of electrical resistivity, pH, chloride, and sulfate content of soils; and contractor submittal reviews and construction support services.

All work done under this Contract shall be performed under the direct, responsible supervision of a Professional Structural Engineer registered in the State of California. The Registered Professional Engineer shall bear overall responsibility for professional services performed. Geotechnical and architectural work shall be performed by California Licensed professionals under the supervision of the registered Structural Engineer.

See Request for Proposals, Exhibit A, Design Professional Services Contract, Attachment A, Scope of Work, for details of the anticipated services.

5.0 PREVAILING WAGE

5.1 In accordance with provisions of the California Labor Code, the Water Authority has obtained from the Department of Industrial Relations (DIR) the general prevailing rates of wages in the locality in which the work is to be performed, and it shall be mandatory upon the Design Professional to whom the Contract is awarded and upon any subcontractor to pay not less than the specified rates to all workers employed in the execution of the Contract.

For purposes of the prevailing wage laws, construction also includes work performed during the design and preconstruction phases of construction. The Design Professional shall cause a copy of the prevailing wage rates to be posted at the job site. For current prevailing wage rates, see http://www.dir.ca.gov/DLSR/PWD/. Copies of the prevailing rates of wages are available for review by any interested party at the offices of the Water Authority at 4677 Overland Avenue, San Diego, CA 92123-1233. This provision applies to the following portions of the scope of work: surveying, inspection, drilling, geotechnical services, and all other public works components of this Contract.

http://www.dir.ca.gov/DLSR/PWD/

5.2 Additionally, Design Professional and subcontractors will be required to electronically upload certified payroll records (eCPRs) to the Labor Commissioner. Refer to the following DIR website for further information: http://www.dir.ca.gov/Public- Works/PublicWorks.html.

5.3 This Project is subject to compliance monitoring and enforcement by the DIR.

6.0 DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION

6.1 Pursuant to California Labor Code Section 1725.5, the Water Authority requires all Design

Professionals and subcontractors to be registered with the DIR before submitting a proposal on any public works project. Proposals from Design Professionals or subcontractors that are not registered as required will be deemed nonresponsive. The Water Authority will not award a Contract to and no Design Professional or subcontractor will be allowed to work on a Water Authority project unless Design Professional and each subcontractor are registered with the DIR pursuant to Labor Code Section 1725.5.

6.2 Design Professionals must submit proof to the Water Authority that all subcontractors of any tier performing any public works portion of the work are registered with the DIR.

Pursuant to Labor Code Section 1773.3, the Water Authority will withhold final payment to the Design Professional if the requirement is not satisfied.

7.0 PRE-SUBMITTAL ACTIVITIES

7.1 Questions Concerning the RFP

All questions regarding the RFP should be presented in writing via email to Diana Martinez, Senior Management Analyst, at dmartinez@sdcwa.org, as soon as possible, but no later than 5:00 p.m. on May 5, 2025.

7.2 Pre-proposal Meeting

A Pre-proposal Meeting will be held on April 9, 2025, at 10:00 a.m. in the Water Authority Board Room located at 4677 Overland Avenue, San Diego, CA 92123. Attendance at the pre-proposal meeting is not mandatory, but interested proposers are encouraged to attend.

7.3 Revisions to the RFP

The Water Authority reserves the right to revise the RFP before the date proposals are due.

Revisions to the RFP will be issued as addenda and made available for download at Bidnet’s California Purchasing Group. Proposers who have downloaded the RFP from Bidnet will receive notification via email when addenda become available. The Water Authority reserves the right to extend the date by which the proposals are due.

http://www.dir.ca.gov/Public-Works/PublicWorks.html http://www.dir.ca.gov/Public-Works/PublicWorks.html mailto:dmartinez@sdcwa.org

8.0 SUBMITTAL REQUIREMENTS

8.1 The Proposal shall be signed by an individual or individuals authorized to execute legal documents on behalf of the Proposer.

8.2 Proposals shall be submitted electronically as Envelope 1 via the BidNet Direct vendor portal, no later than 2:00 p.m. on May 13, 2025.

8.3 The Cost and Fee Schedule shall be submitted as Envelope 2 via the BidNet Direct vendor portal as a separate electronic file, no later than 2:00 p.m. on May 13, 2025. The Cost and Fee Schedule will remain locked in BidNet to prevent opening the file until such time Proposer is invited for and completes an interview. Following completion of the interview, the Cost and Fee Schedule will be unlocked.

8.4 Failure to comply with the requirements of this RFP may result in disqualification.

8.5 Proposals and/or modifications thereto received subsequent to the hour and date specified above will not be considered and will be returned unopened to the proposer.

9.0 PROPOSAL REQUIREMENTS

Written proposals shall include the following:

9.1 General

9.1.1 The Proposal should be concise, well organized, and demonstrate the Design Professional’s understanding of the work.

9.1.2 Design Professionals will be evaluated based on the information submitted in accordance with Section 9.2 below.

9.1.3 The Proposal shall be in Adobe Acrobat pdf format, typed 8.5 by 11 inches with a minimum point size of 11, excluding graphics, charts, figures, etc. Larger size paper (11 by 17 inches) may be used for displaying schedules and other items that cannot be 8.5 by 11. Proposal shall not exceed 16 pages. The page limitation does not apply to front or back covers, table of contents, section dividers or tabs, resumes of key staff, the separate Cost and Fee Schedule, or Small Contractor Outreach and Opportunities Program requirements (Section 13.0).

9.2 Contents

Proposals submitted in response to this RFP shall be in the following order and shall include:

9.2.1 Executive Summary

Include a one- to two-page overview of the entire Proposal describing the highlights of the Proposal.

9.2.2 Identification of Design Professional

1. Legal name and address of company.

2. Name and address of principal place of business.

3. Legal status of Design Professional (sole proprietorship, partnership, corporation, joint venture, etc.). If corporation, indicate state of incorporation.

If joint venture or partnership, identify the members of the joint venture or partnership and provide all information required under this Section for each member.

4. If company is wholly owned subsidiary of a parent company, identify the parent company.

5. Address(es) of office(s) located in San Diego County, if applicable.

6. Number of years company has maintained an office in San Diego County, if applicable.

7. Number of employees in San Diego County, if applicable.

8. Name, title, address, telephone number, and email address of person to contact concerning the Proposal.

9.2.3 Experience

Describe Design Professional’s experience in completing similar contracting efforts.

List a minimum of three successfully completed contracts of similar nature with name of company and Project Manager, telephone numbers, email address(es), type of work performed, and value of each contract. Contracting work currently being performed may be submitted for consideration.

9.2.4 Proposed Method to Accomplish the Work

Discuss Design Professional’s approach to smaller structural engineering, architectural, and geotechnical projects, which are authorized on an as-needed basis, to extend the life of existing facilities.

Use a hypothetical water facility to explain how Design Professional would determine the scope of work for a potential condition assessment project and facility rehabilitation project.

9.2.5 Contract Organization and Key Personnel

a) Describe proposed contract organization, including key personnel and respective responsibilities. Indicate role and responsibilities of Design Professional and all subcontractors, including small contractors. The evaluation will consider the entire team, therefore no changes in team composition will be allowed without prior written approval by the Water Authority.

b) Provide detailed discussion of the experience of Design Professional’s Project

Manager and other key staff members on contracts of similar size, capacity, and dollar value. For each similar contract, include client’s name, contact person, telephone number(s), and email address(es).

9.2.6 Previous Contracts with the Water Authority

The Design Professional shall submit a listing of all prime contracts and/or amendments awarded to Design Professional by the Water Authority in the last three years. The list shall include a short description of contract scope, award date, completion date, and contract value. If the Design Professional is a Joint Venture, a list shall be submitted for each member of the Joint Venture. If the Design Professional has not been awarded any prime contracts and/or amendments by the Water Authority in the last three years, the Design Professional shall so state.

9.2.7 Addenda to this RFP

Design Professional shall confirm in its Proposal the receipt of all addenda issued to this RFP. Design Professional is not required to include copies of the actual addenda in its Proposal.

9.2.8 SCOOP Documentation

Design Professional shall submit SCOOP Documentation in Adobe Acrobat pdf format in accordance with Section 13.5.1.

9.2.9 Design Professional and Subcontractor DIR Classifications

Design Professional shall complete and submit Exhibit C, Contractor and Subcontractor Department of Industrial Relations Classifications Form.

9.2.10 Cost and Fee Schedule

a) Design Professional services costs are to be provided on a per task basis such that before beginning work on any project, an itemized estimate can be provided to the Water Authority. Provide hourly rates for individuals identified by classification and name. List per mile travel costs (not to exceed IRS allowances) and any other costs associated with performing the service. A 5 percent subcontractor markup may be allowed. See Section 8.0 for cost and fee schedule submittal requirements.

b) Provide the results of external audits completed within the past two years establishing the Design Professional’s overhead rate in accordance with either the Federal Acquisition Regulation standards (preferred) or the California Department of Transportation standards. If an audit is not available, provide an auditable breakdown of the overhead rate. Provide a categorical breakdown of the multiplier for overhead and profit for the prime and each subcontractor.

c) The Design Professional shall indicate that any additional requested services shall be provided on a time and material basis per the contracted labor rate and fee schedule.

10.0 DESIGN PROFESSIONAL NOMINATION AND SELECTION PROCESS

10.1 A Design Professional Selection Panel (Panel) will be established and will include representatives from the Water Authority, and when deemed in the Water Authority’s best interests, representatives of its member agencies and/or the general public.

10.2 Based on the Proposals submitted, the Water Authority’s Panel will select a short list of qualified firms for this Project.

10.3 The Panel may interview the short-listed firms. Based on the Proposal and interview (if any), the Panel will rank the finalists as to qualifications. The Panel will recommend the selected firm(s) to the General Manager and will request authority to enter into negotiations with the selected firm(s). The General Manager has final authority for selection.

10.4 Upon receipt of the General Manager’s authorization to negotiate, the Water Authority will establish a negotiating team and enter into negotiations with the selected firm(s).

Negotiations will cover scope of work, Contract schedule, technical specifications, and price. If the negotiating team is unable to reach an acceptable contract with the selected firm(s), the negotiating team will recommend to the General Manager that the negotiations be terminated and that negotiations with the next ranked firm(s) be initiated. The General Manager has final authority to terminate negotiations and move to the next ranked firm(s).

10.5 After negotiating a proposed contract that is fair and reasonable, the negotiating team will recommend to the General Manager that the Water Authority enter into the proposed Contract(s). The General Manager will make the final recommendation to the Board of Directors of the Water Authority, if required, concerning the proposed contract(s). Final authority to approve the contract(s) rests with the General Manager or with the Water Authority Board of Directors if required by the Water Authority’s Administrative Code.

11.0 EVALUATION CRITERIA

At a minimum, Proposals and Design Professional selection will be evaluated based on the following minimum criteria:

11.1 Understanding of Work and Purpose: 25%

• Responsiveness to RFP, including approach and methodology proposed

• Appropriate level of detail in Proposal

• Familiarity with potential problems associated with work scope

11.2 Technical/Specialized Qualification of Team: 25%

• Project Manager competence

• Experience of key personnel with similar work

• Provisions for technical and quality review

11.3 Experience with Water Facilities: 25%

• Demonstrated familiarity with water facility design and rehabilitation

11.4 Past Performance: 25%

• Flexibility to changes in scopes and schedules

• Technical quality of Design Professional’s and subcontractors’ prior work

• Demonstrated ability to meet schedules and control costs

• Performance on Water Authority or other agency projects

11.5 Cost and Fee Schedule: 0%

• Cost and fee schedules of firms that are interviewed will be opened and reviewed following the completion of the interviews

12.0 SCHEDULE FOR NOMINATION, SELECTION, AND AWARD

The Water Authority anticipates that the process for nominating and selecting a Design Professional, and awarding the Contract, will be according to the following tentative schedule:

12.1 Advertise and issue RFP: April 3, 2025

12.2 Pre-proposal Meeting: April 9, 2025

12.3 Proposal due date: May 13, 2025, at 2:00 p.m.

12.4 Oral interviews: May 28, 2025

12.5 Approval of Contract(s): July 24, 2025

13.0 SMALL CONTRACTOR OUTREACH AND OPPORTUNITIES PROGRAM (SCOOP)

REQUIREMENTS

13.1 Policy

13.1.1 The Water Authority’s Small Contractor Outreach and Opportunities Program

(SCOOP) is designed to maximize participation of diverse, qualified, small contractors, consultants, and material suppliers seeking to do business with the Water Authority. Effective implementation of SCOOP is a requirement and award of a Contract will be determined, in part, by the Proposer’s demonstrated effort in conducting effective outreach to small contractors. Failure to comply with the requirements herein shall render the Proposal as non-responsive.

13.2 Definitions

13.2.1 Small Contractor and Small Subcontractor: A small business owned and operated independently from any other business concern and that has reported annual gross receipts for each of the last three years when neither year exceeded the size limit established by the U.S. Small Business Administration or that does not exceed the size standard for the number of employees specified for the related industry as determined by the U.S. Small Business Administration. The business must not be dominant in its field of operation, and must meet the size criteria of 13 CFR 121 (as amended).

a) The business may be certified as a Small Business utilizing the size criteria of 13

CFR 121 (as amended).

b) The business may also be certified as an 8(a) business, a Small Disadvantaged Business, or a HUB Zone business by the U.S. Small Business Administration, or certified as a Disadvantaged Business Enterprise by CALTRANS or by one of the signatory agencies within the California Unified Certification Program, or certified by any public agency utilizing the size criteria of 13 CFR 121 (as amended), including the Metropolitan Water District of Southern California’s Regional/Small Business Program certification.

c) The business may also be certified by the City of San Diego’s Small Local Business Enterprise and Emerging Local Business Enterprise certifications.

d) A business certified as a Small Business or as a Disabled Veteran Business

Enterprise by the California State Department of General Services, which satisfies all requirements contained in Paragraph 13.2.1 of this definition will be eligible to participate in the Water Authority’s Program as a small business.

13.2.2 Vendor/Material Supplier: An individual, partnership, corporation, or other legal entity that provides equipment, materials, or supplies under an executed Contract.

13.2.3 Joint Venture: An association of two or more businesses, one of which is a small business, to carry out a single business enterprise for profit for which purpose the businesses combine their property, capital, efforts, skills, and knowledge, and will share proportionately in the risks, losses, and profits of the association to complete a specified project.

13.2.4 Written Communication: Any handwritten or typed correspondence delivered by email, fax, or U.S. mail.

13.2.5 Proposer: Any person, firm, or corporation submitting a Proposal for work.

13.2.6 Outreach Forms:

a) Schedule A-1, Designation of All Subcontractors. Electronic versions of the

SCOOP Schedule A-1 form can be found in Microsoft Word format at:

https://www.sdcwa.org/work-with-us/forms-information/?q=/forms-and-reports.

b) Schedule A-2, Subcontracting Opportunities and Contact Log. Electronic versions of the SCOOP Schedule A-2 form can be found in Microsoft Word format at: https://www.sdcwa.org/work-with-us/forms-information/?q=/forms-and-reports.

13.2.7 Small Business Certification/Certification Information: A certification letter or documentation that verifies any Small Business Certification as defined in Paragraph 13.2.1, Part (a), (b), (c), or (d). Certification Information for Small Business Certifications that meet the definition of Paragraph 13.2.1, Part (a), (b), (c), or (d) may be listed in lieu of the Small Business Certification; this information will include the name of the certifying agency, the type of small business certification, the small business certification identification number, and the small business certification expiration date.

https://www.sdcwa.org/work-with-us/forms-information/?q=/forms-and-reports

13.3 Outreach Resources Provided by the Water Authority

13.3.1 Outreach materials provided by the Water Authority shall be the primary source of outreach activity. Proposers are encouraged to supplement but not replace the Water Authority-provided outreach materials. Water Authority-provided outreach materials include:

a) SCOOP List: This list shall be used as the primary source for outreach activity and consists of potential subcontractors and vendors/material suppliers specific to this work. The SCOOP List can be found in Exhibit D, SCOOP List, of this Request for Proposals. For each category of work identified by the Proposer as a subcontracting opportunity in Schedule A-2, the Proposer shall contact a minimum of two firms using Exhibit D, SCOOP List; BidNet Direct; or other small business database.

13.4 Outreach Activity Requirements and Evidence of Fulfillment

13.4.1 The Proposer shall conduct pre-proposal outreach activities to provide equal opportunity to all firms, including small contractors, to participate in this work.

Outreach solicitations shall occur prior to submission of the Proposal to be considered good faith outreach efforts. The following table outlines the outreach activity requirements and evidence of fulfillment:

Outreach Activity Requirements

No. Description

1. Identify work that can be subcontracted.

Evidence of Fulfillment

(i) Complete and submit Schedule A-2 by entering:

• A description of each item of work solicited from subcontractors;

• Estimated cost of work, materials, or services;

• Percent of total fee; and

• Whether or not a subcontractor or vendor was selected for this subcontracting opportunity, and the reason for selection/non-selection.

Outreach Activity Requirements

No. Description

2. Notify firms on Exhibit D, SCOOP List, of subcontracting opportunities for each category listed on Schedule A-2.

• Notifications must occur no fewer than seven calendar days prior to the Proposal due date. One contact must be written (mail, email, or fax) and one contact must be verbal (telephone or personal meeting).

• Notifications shall name the Water Authority as owner; identify work available to subcontractors; Proposal due date; contact information including but not limited to telephone number, email, and name of contact; and all available times and locations where Request for Proposal documents may be viewed or downloaded.

Evidence of Fulfillment

(i) Provide copies of letter and written communication (including email or fax) sent to firms on Exhibit D, SCOOP List, or on other sources identified by the Proposer.

(ii) Complete and submit Schedule A-2 to document contact with small contractors, including:

• Name and title of each person contacted;

• Fax, email, and phone number of the company;

• Whether the firm submitted a Proposal to the Design Professional; and

• If firm submitted a Proposal, reason the firm was not selected.

Outreach Activity Requirements

No. Description

3. Identify final selected team of subcontractors, vendors, and suppliers.

Evidence of Fulfillment

(i) Complete Schedule A-1 by entering:

• All subcontractors, vendors, and suppliers that will be used on the work, including those that will perform work at less than .005 percent of the bid value and any known second-tier subcontractors.

• Company name and name of contact.

• Whether the company is a second-tier subcontractor or supplier, and if so, to which company.

• Mailing address, telephone number, email of contact, and whether the business location is the headquarters or a local office.

• A specific description of each item of work to be done or provided.

• Whether the business is a Small Business, Minority-Owned Business, Woman-

Owned Business, and/or Veteran-Owned Business.

• The cost of work, materials, or services.

• Percent of total fee.

• Any small business certifications.

(ii) Submit Letters of Intent to all first tier Subcontractors/Suppliers/Vendors that listed on the SCOOP Schedule A-1 (for example of letter, see:

https://www.sdcwa.org/work-with-us/forms-information https://www.sdcwa.org/work-with-us/forms-information

13.5 Outreach Results: Reporting Requirements

13.5.1 Proposer shall submit the following SCOOP Documentation with the Proposal (refer to Section 8.0 for submittal requirements):

Required Forms Included

Completed Schedule A-1 �

Completed Schedule A-2 �

Letters of Intent to all first tier Subcontractors/Suppliers/ Vendors that listed on the SCOOP Schedule A-1

Copies of Small Business Certifications or Certification Information

Evidence of Contact with Small Businesses on Exhibit D, SCOOP List (examples: dated email, fax, or letter)

13.6 Subcontractor Substitution

13.6.1 Written authorization from the Water Authority is required prior to substitution of any subcontractor. Subcontractor may be substituted based on the criteria below:

a) For any reason stated in California Public Contract Code Section 4107 which are incorporated herein.

b) For reasons which the Water Authority, in its judgment, deems to be in the best interests of the Water Authority, except where prohibited by law.

13.6.2 Complete the following for the Water Authority’s review and approval of the proposed subcontractor/vendor/supplier substitution:

a) Notify Water Authority as soon as practicable of potential to or actual need to substitute subcontractor/vendor/supplier listed on SCOOP Schedule A-1.

Provide written communication between Design Professional and subcontractor/vendor/ supplier and reason(s) for substitution.

b) Provide written documentation of steps taken to secure new subcontractor/ vendor/supplier, including but not limited to the Water Authority’s vendor registration system search(es) or other searches, contacts made and responses between Design Professional and potential subcontractors/vendors/suppliers, California contractor’s license copy, DIR registration copy, and reason(s) for selection/non-selection.

c) Provide updated SCOOP Schedule A-1 to Water Authority upon Water Authority’s approval of substitution.

13.7 Award of Contract

13.7.1 The Design Professional’s good faith outreach efforts will be reviewed by the

SCOOP manager or his/her designee prior to the award of a Contract to determine whether good faith outreach efforts requirements, if applicable, were met.

13.8 Post Award Monitoring

13.8.1 To ensure compliance with the Design Professional’s stated commitments, the Water

Authority will monitor subcontracting activity throughout the duration of the Contract. To comply with post-award monitoring, the Design Professional shall:

a) Ensure that each subcontractor and vendor/supplier is paid for acceptable performance within seven calendar days of receipt of payment from the Water Authority.

b) Ensure that each subcontractor and vendor/supplier performs the type of work and the quantity of work as specified in SCOOP Schedule A-1.

c) Provide the Water Authority with any additional reports, subcontracts, or other information deemed necessary for determining Design Professional’s compliance with its subcontracting commitment.

d) Maintain all reports and corresponding background information for a period of no less than three years after the completion of the Contract, or until such time a program audit has been completed on the Contract by the Water Authority, whichever occurs first.

13.9 SCOOP Noncompliance

13.9.1 Failure by the Design Professional to fulfill any of the Program guidelines constitutes breach of a contractual obligation and may result in Water Authority-imposed sanctions on the Design Professional. Upon determining that a Design Professional is not in compliance with Program guidelines, the Water Authority may seek, without limitations, the following remedies:

a) Withholding progress payments until the Water Authority deems the Design

Professional to be in compliance.

b) Withholding an amount equal to the unmet portion of the amount contracted to the subcontractor, vendor, or supplier in question.

c) Suspension or debarment pursuant to the Water Authority’s Administrative Code, Chapter 4.12, Section 4.12.020.

d) Termination of the Contract.

14.0 SPECIAL CONDITIONS

14.1 Reservations

This RFP does not commit the Water Authority to award a Contract, to defray any costs incurred in the preparation of a Proposal in response to this RFP, or to procure or contract for work. The Water Authority reserves the right to award this Contract to the Design Professional(s) determined to offer the quality, standards, and prices most advantageous to the Water Authority.

14.2 Public Records

All Proposals submitted in response to this RFP become the property of the Water Authority and under the Public Records Act (Government Code § 6250 et. seq.) are public records, and as such may be subject to public review. However, the Water Authority Proposals shall not be disclosed until negotiations are complete and a recommendation for selection and award is made to the Board of Directors or General Manager. Proposals will be subject to public review upon completion of negotiations and announcement of selected Design Professional(s).

If a Proposer claims a privilege against public disclosure for trade secret or other proprietary information, such information must be clearly identified in the Proposal. Note that under California law, price proposal to a public agency is not a trade secret.

14.3 Right to Cancel

The Water Authority reserves the right to cancel, for any reason, in part or in its entirety, this RFP including but not limited to selection schedule, submittal date, and submittal requirements. If the Water Authority cancels or revises the RFP, all Proposers will be notified in writing by the Water Authority.

14.4 Additional Information

The Water Authority reserves the right to request additional information and/or clarifications from any and all Proposers to this RFP.

14.5 Conflict of Interest

The Design Professional is subject to all federal, state, and local conflict of interest laws, regulations, and policies applicable to public contracts and procurement practices. The Water Authority has established a policy concerning potential conflict of interest in program management, design, and construction. This policy applies to all proposers and their proposed subcontractors. Refer to the Design Professional Services Contract for additional information.

14.6 Public Information

Release of Public Information – Design Professionals desiring to release information to the public must receive prior written approval from the Water Authority.

14.7 Design Professional Services Contract

The selected Design Professional will be required to sign a Design Professional Services Contract, a sample of which is attached, and to provide the Insurance Certificates and all other required documentation within 15 calendar days of notification of award.

Proposers are required to identify any exceptions to the terms and conditions of this RFP and the sample contract in its proposal. Proposers must provide a detailed explanation for each exception, including the rationale and proposed alternative language. Submissions of exceptions after the proposal due date will not be considered and may result in the disqualification of the proposal. The submission of exceptions may impact the evaluation of the proposal. Proposals with exceptions that materially alter the terms and conditions of the RFP may be deemed non-responsive. The Water Authority reserves the right to accept, reject, or negotiate any exceptions submitted by a proposer.

14.8 Insurance Requirements

The Water Authority requires Design Professionals and vendors doing business with it to obtain insurance as shown in the attached Design Professional Services Contract. The required insurance certificates must comply with all requirements of the standards as shown in the Contract and an original copy must be provided within 15 days of notification of award and before commencement of any work.

14.9 Public Agency Clause

It is intended that any other public agency as defined by Cal. Gov. Code Section 6500, if authorized by its governing body, shall have the option to participate in any award made as a result of this solicitation at the same prices, terms, and conditions. This option, if awarded, shall extend for the term of the Contract with the Water Authority, and shall be subject to the successful Design Professional’s acceptance. Public agencies participating shall accept sole responsibility for entering into contracts, the placing of orders, arranging for delivery and/or services, and making payments to the successful Design Professional. The Water Authority will not be liable or responsible for any obligations, including but not limited to financial responsibility, in connection with any participation by another public agency.

14.10 Noncollusion

Proposer shall not submit a Proposal on behalf of or in the interest of any undisclosed person, partnership, company, association, organization, or corporation. The Proposal shall be genuine and not collusive or a sham or false Proposal. Proposer shall not in any manner directly or indirectly with anyone seek to have others refrain from submitting a Proposal;

shall not agree, communicate, or conference with anyone to fix any overhead, profit, or cost element of the Proposal price, or to secure any advantage against the Water Authority or anyone interested in submitting a Proposal in response to this request. Proposer shall not submit any false statements and shall not pay any fee to any corporation, partnership, company, association, organization, or to any member or agent to effectuate a collusive or sham Proposal.

EXHIBIT A

Design Professional Services Contract

0140.100 – _00 Exh A Sample Design Professional Services Contract

SAMPLE CONTRACT FOR DESIGN PROFESSIONAL SERVICES

1. PARTIES:

The parties to this Contract are the San Diego County Water Authority, a county water authority, (the Water Authority) and ____________________________, [a / an] ______________ (Design Professional).

2. SCOPE OF SERVICES:

(a) The design professional services to be provided by Design Professional are structural engineering, architectural, and geotechnical services on an as-needed basis as more fully described in Attachment A, Scope of Work.

(b) Design Professional represents and warrants that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in paragraph (a).

3. PAYMENT:

(a) Payment for services. The Water Authority shall pay for services performed in accordance with this Contract according to the payment and fee schedule and requirements contained in Attachment A, Scope of Work, and Attachment B, Payment and Fee Schedule.

(b) Reimbursement of expenses. Design Professional will be reimbursed for actual, reasonable and necessary expenses incurred in the performance of services in accordance with the expense reimbursement schedule included in Attachment B, Payment and Fee Schedule.

(c) Maximum payment. The maximum payment under this contract for services and, if authorized, reimbursement of expenses, shall not exceed $(may award multiple contracts, for a cumulative amount of $3,000,000).

(d) Invoices. All invoices for services will be submitted on a monthly basis to the Engineering Contracts Group at Eng-Contracts@sdcwa.org. The Water Authority generally will process and pay bills within 30 days from receipt. Each bill shall include an invoice showing the amount of services rendered during the billing period and the fee for such services. If reimbursement of expenses is authorized, Design Professional shall submit monthly invoices for such expenses, including full documentation of each expense incurred. Payments are subject to a final audit upon completion of services or other termination of this contract.

(e) Audit of Records. Design Professional shall maintain complete and accurate records of all payrolls, expenditures, disbursements and other cost items charged to the Water Authority or establishing the basis for an invoice, for a minimum of four years from the date of final payment to Design Professional. All such records shall be clearly identifiable. Design Professional shall allow Water Authority representative to inspect, examine, copy and audit such records during regular business hours upon 24 hours’ notice.

mailto:Eng-Contracts@sdcwa.org

4. TIME FOR PERFORMANCE:

(a) Design Professional shall perform the services according to the schedule in each written Authorization. Design Professional shall not proceed with work without written Authorization from the Water Authority. Design Professional shall complete all services by (estimated to be three years from Contract award). The Water Authority, at its option, may extend the Contract term for up to two additional years.

(b) Extension of time for unforeseen circumstances. In the event that the Design Professional is unable to meet the completion date or schedule of services, if any, due to circumstances beyond Design Professional’s reasonable control, such as war, riots, strikes, lockouts, work slow down or stoppage, except strikes, lockouts, or work slow down or stoppage of Design Professional’s employees or subcontractors, acts of God, such as floods or earthquakes, and electrical blackouts or brownouts, Design Professional shall inform the Contract Manager of the additional time required to perform the work and the Contract Manager may adjust the schedule. Design Professional acknowledges and agrees that it shall not be entitled to any additional compensation for an extension of time for unforeseen circumstances.

5. COMPLIANCE WITH APPLICABLE LAWS AND STANDARD OF

PERFORMANCE:

(a) Services shall be performed by Design Professional in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by members of Design Professional’s profession currently practicing in California. By delivery of completed work, Design Professional certifies that the work conforms to the requirements of this contract and all applicable federal, state and local laws and the professional standard of care in California.

Design Professional also agrees to comply with the requirements of the Water Authority’s Drafting Manual, the Specification Style Guide, the Design Manual, and the Cost Estimating Guidelines.

(b) Design Professional is responsible for making an independent evaluation and judgment of all conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state, and local laws and regulations, and all other contingencies or design considerations. Data, calculations, opinions, reports, investigations, and other similar information provided by the Water Authority relating to site, local, or other conditions is not warranted or guaranteed, either expressly or implied, by the Water Authority.

(c) Design Professional’s responsibilities under this section shall not be delegated. Design Professional shall be responsible to the Water Authority for acts, errors, or omissions of Design Professional’s subcontractors and subconsultants.

(d) Whenever the scope of work requires or permits review, approval, conditional approval or disapproval by the Water Authority, it is understood that such review, approval, conditional approval or disapproval is solely for the purposes of administering this contract and determining whether the Design Professional is entitled to payment for such work, and not be construed as a waiver of any breach or acceptance by the Water Authority of any responsibility, professional or otherwise, for the work, and shall not relieve the Design Professional of responsibility for complying with the standard of performance or laws, regulations, industry standards, or from liability for damages caused by negligent acts, errors, omissions, noncompliance with industry standards, or the willful misconduct of Design Professional.

6. INDEPENDENT CONTRACTOR:

Design Professional is an independent contractor. Neither Design Professional nor any of Design Professional’s officers, employees, agents or subcontractors, if any, is an employee of the Water Authority by virtue of this contract or performance of any work under this contract.

Design Professional retains the right to pay and supervise its employees and subcontractors as it sees fit. The Water Authority has no right to supervise Design Professional’s employees or subcontractors, and if any issues arise with Design Professional’s employees or subcontractors as to their performance, the Water Authority shall contact the Design Professional directly so that Design Professional may address any issues. If for any reason Design Professional, or any of Design Professional’s officers, employees, agents or subcontractors, believes that any actions of the Water Authority are inconsistent with Design Professional’s role as an independent design professional they shall provide written notice to the Water Authority of such action(s) within 30 days of their occurrence or they are waived to the extent permitted by law. If such written notice is not timely provided and then any claims are later made against the Water Authority related to such action(s), Design Professional agrees that such claims qualify under Section 22 below as being subject to defense and indemnity by Design Professional for the benefit of the Water Authority. Design Professional agrees that any employee or subcontractor whom Design Professional engages to do work under the scope of this contract shall be made aware of this Contract and shall agree in writing to abide by the provisions of this section.

7. ASSIGNMENT:

Design Professional shall not subcontract, assign or transfer voluntarily or involuntarily any of its rights, duties, or obligations under this contract without the express written consent of the Water Authority in each instance.

8. SUBCONTRACTORS AND DESIGN PROFESSIONAL EMPLOYEES:

(a) Design Professional will perform the work personally or through Design Professional’s employees. Design Professional may subcontract work only upon prior approval of the Water Authority and in compliance with provisions of the Water Authority’s Small Contractor Professional Outreach and Opportunities Program, if the Water Authority determines that the program provisions are applicable. If subcontracting of work is permitted, Design Professional shall pay subcontractor within 10 days of receipt of payment by Water Authority for work performed by a subcontractor and billed by the Design Professional. Use of the term subcontractor in any other provision of this contract shall not be construed to imply authorization for Design Professional to use subcontractors for performance of any service under this contract.

(b) The Water Authority is an intended beneficiary of any work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the Water Authority.

9. DESIGN PROFESSIONAL’S EMPLOYEES:

(a) Immigration Reform and Control Act of 1986. Design Professional is aware of the requirements of the Immigration Reform and Control Act of 1986 and shall comply with those requirements, including, but not limited to, verifying the eligibility for employment of all of Design Professional’s officers, employees, agents and subcontractors that are included in this contract.

(b) Limitation of Water Authority Liability. The payment made to Design Professional pursuant to this contract shall be the full and complete compensation to which Design Professional and Design Professional’s officers, employees, agents, and subcontractors are entitled for performance of any work under this contract. Neither Design Professional nor Design Professional’s officers or employees are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the Water Authority. The Water Authority will not make any federal or state tax withholdings on behalf of Design Professional.

The Water Authority shall not be required to pay any workers' compensation insurance on behalf of Design Professional.

(c) Indemnification for Employee Payments. To the extent permitted by law, Design Professional agrees to defend and indemnify the Water Authority for any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the California Public Employees Retirement System (CalPERS), social security, salary or wages, overtime payment, or workers' compensation payment which the Water Authority may be required to make on behalf of Design Professional or any employee of Design Professional, or any employee of Design Professional construed to be an employee of the Water Authority, for work done under this contract. This is a continuing obligation that survives the termination of this contract.

10. DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION:

DIR registration must be maintained for the life of the Contract.

11. PREVAILING RATES OF WAGES:

(a) In accordance with the provisions of the California Labor Code, the Water Authority has obtained from the Department of Industrial Relations the general prevailing rates of wages in the locality in which the work is to be performed, and it shall be mandatory upon the Design Professional to whom the Contract is awarded and upon any subcontractor to pay not less than the specified rates to all workers employed in the execution of the Contract. The Design Professional shall cause a copy to be posted at the jobsite. For current prevailing wage rates, see http://www.dir.ca.gov/OPRL/PWD/. Copies of the prevailing rates of wages are on file at the office of the Water Authority, 4677 Overland Avenue, San Diego, California 92123, and are available for review by any interested party on request. This provision applies only to the following portions of the scope of work: surveying, inspection, drilling, geotechnical services, testing, and all other public works components of this Contract.

(b) The Design Professional and any subcontractor under the Design Professional shall, as a penalty to the State or Water Authority, forfeit not more than $200 for each calendar day, or…