RFQ 13350_Disney Crossing Culvert Clearing Services_081426.pdf

REQUEST FOR QUOTES (RFQ) 13350

DEPARTMENT OF PARKS AND RECREATION

DISNEY CROSSING – CULVERT CLEARING SERVICES

August 14, 2026

SMALL-LOCAL BUSINESS SET-ASIDE: In accordance with Board Policy A-87, the award of contracts resulting from this RFQ is reserved for Small-Local Businesses as defined in Board Policy B-53 Small-Local Business Policy (SLBP), which can be found at: B-53 Small-Local Business Policy (SLBP).

A. KEY INFORMATION

1. The County of San Diego is seeking quotes from firms interested in providing Disney Crossing Culvert Clearing Services. (“Offerors”).

2. The County anticipates a contract term of a one-time service.

3. The County has posted this solicitation on its official BuyNet website at https://sdbuynet.sandiegocounty.gov/ . To see all information related to this RFQ, to submit Questions, and to receive notifications of updates, Offerors must select “Participate in RFx” for this solicitation in BuyNet.

4. The Contracting Officer for this solicitation is Martha Trevejo, Senior Contracting Procurement Officer (Martha.Trevejo@sdcounty.ca.gov)

5. Schedule: This timeline is subject to change at any time, at the County’s sole discretion. The County will issue an addendum for changes to the Questions due date, or Quote due date.

Event Description Date and Time (San Diego Time) Pre-Quote Conference August 20, 2026 at 10:00 a.m.

Questions due August 21, 2026 at 5:00 p.m.

Quotes due August 31, 2026 prior to 5:00 p.m.

6. Pre-Quote Conference:

The County will hold a pre-quote conference by Video/Teleconference using the Microsoft Teams platform on the Date and Time listed in Schedule. To participate, RSVP to Martha Trevejo. The County will provide an overview of the RFQ process and may provide a program/technical overview and other information. Requests for clarification related to definition or interpretation of this RFQ shall be submitted in writing as Questions in accordance with Section 7 (Diligence and Duty to Inquire). Attendance at the pre-quote conference is encouraged but not mandatory.

7. Questions:

7.1. Offerors should submit all Questions, including requests for clarification related to definition or interpretation of this RFQ, in writing by the Date and Time specified in the Schedule. Offerors should submit Questions via BuyNet, by sending a message to the Contracting Officer through the “Discussions” functionality.

7.2. Non-Offerors should direct inquiries regarding this solicitation to the Contracting Officer.

8. Table of Contents:

A. Key Information B. RFQ Instructions and Rules C. Submittal Items

MAGGIE RAMSBERGER

INTERIM DIRECTOR

DEPARTMENT OF PURCHASING AND CONTRACTING

5560 OVERLAND AVENUE, SUITE 270, SAN DIEGO, CALIFORNIA 92123-1204

PHONE (858) 505-6367 FAX (858) 715-6452

BRENDA G. MILLER

ASSISTANT DIRECTOR

https://codelibrary.amlegal.com/codes/san_diego/latest/sandiego_board/b_53__small__local__business__policy_(_s_l_b_p) https://sdbuynet.sandiegocounty.gov/

COUNTY OF SAN DIEGO – REQUEST FOR QUOTATIONS (RFQ) 13350

DISNEY CROSSING – CULVERT CLEARING SERVICES

D. Required Forms E. Statement of Work F. Payment Schedule G. Draft Agreement

B. RFQ INSTRUCTIONS AND RULES

1. INSTRUCTIONS FOR SUBMITTING A QUOTE

1.1. It is Offeror’s responsibility to submit a quote based on the most current RFQ, addenda thereto, County’s responses to Questions, any other information posted on BuyNet, and any diligence material made available by the County. Offerors are advised to regularly check BuyNet for information. The County has no obligation to contact Offerors directly with any such RFQ-related information.

1.1.1. To see all information related to this RFQ, to submit Questions, and to receive notifications of updates, Offerors must select “Participate in RFx” for this solicitation in BuyNet.

1.1.2. If an Offeror is unable to download this document, an Offeror may request a hard copy from

Department of Purchasing and Contracting’s front desk or contact clerical support at (858) 505-6367.

1.2. Forms required to be submitted with Offerors response to this RFQ are included in this RFQ or posted on the

County’s web site at: https://www.sandiegocounty.gov/content/sdc/purchasing/purchasing-forms.html.

1.2.1. The County may update posted forms from time to time. Unless otherwise specified, Offerors may submit the version of a form in place as of the date of the posting of this RFQ or any later version thereof.

1.3. Offeror must submit a complete original quote in accordance with the format provided in this solicitation to the County of San Diego, Department of Purchasing and Contracting, through electronic upload to BuyNet before the Date and Time listed in Schedule.

1.3.1. If Offeror is unable to submit via BuyNet for any reason, Offeror may submit its quote via email to the

Contracting Officer listed in this document or provide the Purchasing and Contracting front desk with either (i) electronic files on CD/DVD; or, (ii) a printed quote. Offeror must prominently mark such submissions with the RFQ number on the outside of the packaging. Please use this method only if unable to submit through BuyNet.

2. QUESTIONS

2.1. Offerors shall direct requests for explanation regarding the RFQ or related documents to the Contracting

Officer, in writing, as a question (“Question”). Offerors may submit Questions by sending a message to the Contracting Officer through the “Discussions” functionality in BuyNet.

2.2. The County may choose not to respond to Questions received after the date and time stated in the Schedule for Question submission. Offeror is responsible for ensuring that Questions are received by the County.

3. QUOTE FORMAT

3.1. Submit electronic quotes as files in .pdf format, except where specified otherwise. For pages other than signature pages, converted and searchable formats are preferred.

3.2. All quotes shall be signed with a handwritten signature by an authorized officer or employee of Offeror.

4. QUOTE ORGANIZATION

4.1. Your quote should be organized in accordance with the Submittal Items in this RFQ.

4.1.1. Offerors shall organize content to correspond to the applicable exhibit and question or item within each exhibit.

4.1.2. Offerors shall separate each exhibit into one or more files, clearly named as to the exhibit and order.

4.1.3. Pages shall be consecutively numbered within each exhibit at the bottom or top margin of each page.

4.1.4. Cost/Price information:

4.1.4.1. Offerors must place all cost and pricing information within the Cost/Price exhibit. Price shall be inclusive of all proposed compensation.

4.2. Confidential/Proprietary information:

https://www.sandiegocounty.gov/content/sdc/purchasing/purchasing-forms.html

DISNEY CROSSING – CULVERT CLEARING SERVICES

4.2.1. The County is a public agency subject to the California Public Records Act, Government Code § 7920.000, et seq. Some or all of the documents submitted in response to this RFQ may be subject to disclosure, and the County intends to publish any resulting contracts to its public website.

4.2.2. It is Offeror’s responsibility to identify and separate into a “CONFIDENTIAL/PROPRIETARY” exhibit and to provide a signed Nondisclosure Indemnification Agreement for:

4.2.2.1. All confidential information that Offeror represents, with legal basis, is exempt from disclosure pursuant to the California Public Records Act, including PI (Personal Information), PII (Personally Identifiable Information), or PHI (Protected Health Information);

4.2.2.2. Any proprietary or other information Offeror represents, with legal basis, is exempt from disclosure under the California Public Records Act and wishes to protect from disclosure.

4.2.3. The “CONFIDENTIAL/PROPRIETARY” exhibit must be clearly labeled with all pages marked as

“CONFIDENTIAL/PROPRIETARY.”

4.2.4. Offeror should reference material in the “CONFIDENTIAL/PROPRIETARY” exhibit where it is needed to respond to a Submittal Item through citation to the “CONFIDENTIAL/PROPRIETARY” exhibit (for example “See response 1 contained within the ‘CONFIDENTIAL/PROPRIETARY’ exhibit for staff Social Security numbers”).

4.2.5. If the County determines that a submission improperly designates information as confidential or proprietary, the County may, at its sole discretion: (i) deem the information releasable; (ii) declare the submission non-conforming/non-responsive; (iii) remove such information, or (iv) take any other appropriate action. (Note: Pricing and Terms and Conditions are generally not confidential under the California Public Records Act).

5. QUOTE EVALUATION

5.1. Evaluations may consider factors such as technical merit, experience, capacity, history of Offeror compliance, availability, price, and more to determine the quote(s) that provide the best value to the County.

5.2. During evaluation, the County may appropriately consider the sustainability and social, human health, environmental, and economic impact of Offeror’s proposed products and/or approach to providing goods and/or services, in accordance with Board Policy B-67. Therefore, Offerors are encouraged to include relevant information in their quotes, to the degree related to the goods or services sought.

5.3. During evaluation, the County may appropriately evaluate the cultural competency of Offeror and Offeror’s proposed approach to providing goods and services. Therefore, Offerors are encouraged to include relevant information in their quotes, to the degree related to the goods or services sought.

5.4. When evaluating an Offeror’s cost or pricing, the County may also consider the effect of the quote on the overall total cost to the County.

5.5. Reserved.

6. COUNTY COMMITMENT

6.1. This RFQ does not commit the County to award a contract, nor does it commit the County to pay any of

Offeror’s costs incurred in the preparation or submission of the quote. Further, Offeror shall not incur any reimbursable cost in anticipation of a contract award.

6.2. Neither Offeror nor any of its representatives shall have any claims whatsoever against the County or any of its respective officials, agents, or employees arising out of or relating to this RFQ or these procedures (other than those arising under a definitive contract with Offeror in accordance with the terms thereof).

6.3. The County reserves the right to separately procure the same or similar goods or services.

6.4. The County may withhold all information regarding this procurement until after negotiations are complete, including, but not limited to: the number of quotes received; the identity of Offeror(s); the content of quotes;

the County’s evaluation and results thereof. Information releasable after the conclusion of negotiations is subject to the disclosure requirements and withholding exemptions of the California Public Records Act.

6.5. Pursuant to County Charter §§ 703.10 and 916, award of a contract resulting from this RFQ may be subject to the County’s requirement to determine that the services can be provided more economically and efficiently by an independent contractor than by persons employed in the Classified Service.

6.6. In the event that an Offeror is involved in a merger, acquisition, or other change in control, the County reserves the right to award a contract to a resulting entity.

DISNEY CROSSING – CULVERT CLEARING SERVICES

7. DILIGENCE AND DUTY TO INQUIRE

7.1. Should Offeror find discrepancies in or omissions from, or be in doubt as to the meaning of, the RFQ or related documents, Offeror shall have a duty to submit a Question to the County.

7.2. Offerors are expected to perform reasonable due diligence with regard to this RFQ and the work required, including, but not limited to, information that is publicly or otherwise reasonably available and, if applicable, information that can be obtained during a site visit (including verification of measurements, conditions, and other attributes). Neither the selected Offeror(s), nor any Offerors, shall be entitled to any price adjustment or other relief based upon information that was discovered or should have been discovered through due diligence.

7.3. The County makes no representation or warranty, express or implied, as to the accuracy or completeness of any diligence material or other information provided by the County or any of its agents, representatives, contractors, or consultants. Such information may reflect good faith assumptions, estimates, or projections, which may or may not prove to be correct.

7.4. Offeror should not rely upon oral statements made or explanations given by the County, including any oral responses to Questions or other inquiries. No prior, current, or post award communication(s) with any officer, agent, or employee of the County shall affect or modify any terms or requirements of this RFQ, except as explicitly provided for in this RFQ.

8. OFFEROR COMMUNICATIONS

8.1. All communications from Offeror (including its employees, agents, and representatives) to the County or its officers and employees (including consultants working on or assisting with this procurement), related to this RFQ or Offeror’s quote, must be directed in writing exclusively to the Contracting Officer, unless otherwise authorized in writing by the Contracting Officer. Offerors shall not communicate with or attempt to contact any other County personnel about this solicitation, except as otherwise allowed for in this RFQ or by law. Any improper contact may, at the County’s sole discretion, cause Offeror to be removed from consideration for contract award.

8.2. If Offeror issues any public announcement or otherwise engages in communication that, in the County’s sole determination, compromises the integrity of this RFQ process or attempts to restrain competition, Offeror may be removed from consideration for award.

8.3. Audio and/or video recording of presentations, discussions, negotiations, , or other communications with the County regarding this RFQ are prohibited, unless specifically authorized in writing by the Contracting Officer.

9. SOLICITING EMPLOYEES

9.1. Until contract award, Offerors shall not, directly or indirectly, solicit any employee of the County to leave the

County’s employ in order to accept employment with Offeror, its affiliates, actual or prospective contractors, or any person acting in concert with Offeror without prior written approval of the County’s Contracting Officer.

This paragraph does not prevent the employment by Offeror of a County employee who has initiated contact with Offeror.

10. PROHIBITED CONTRACTS AND SUBCONTRACTS

10.1. In accordance with Section 67 of the San Diego County Administrative Code, the County shall not contract with, and shall reject any quote submitted by, the person or entities specified below, unless the Board of Supervisors finds that special circumstances exist which justify the approval of such contract:

10.1.1. Persons employed by the County or of public agencies for which the Board of Supervisors is the governing body;

10.1.2. Profit-making firms or businesses in which employees described in subsection 11.1.1 serve as officers, principals, partners, or major shareholders;

10.1.3. Persons who, within the immediately preceding twelve (12) months, came within the provisions of subsection 11.1.1 and who (i) were employed in positions of substantial responsibility in the area of service to be performed by the contract; or, (ii) participated in any way in developing the contract or its service specifications; and

10.1.4. Profit-making firms or businesses in which the former employees described in subsection 11.1.3 serve as officers, principals, partners, or major shareholders.

DISNEY CROSSING – CULVERT CLEARING SERVICES

10.2. Per Board Policy A-79, a successful Offeror that is a non-profit corporation shall not subcontract any work under the agreement with a related for-profit subcontractor where an interlocking directorate, management, or ownership relationship exists, unless specifically authorized by the Board of Supervisors.

10.3. Offeror certifies that, if awarded a contract under this RFQ, such contract will be in compliance with Sections

11.1 and 11.2 above. Offeror shall promptly notify the County of any change in circumstance affecting these provisions.

11. CALIFORNIA REVENUE & TAXATION CODE § 18662

11.1. In compliance with California Revenue and Taxation Code § 18662, if Offeror is a non-resident of California

(out-of-state invoices) that receives California source income and has not completed Franchise Tax Board Form 590, there may be a backup withholding on all payments. Fifteen (15) business days prior to the first payment from the County, new suppliers or suppliers with expired forms or forms with incorrect information must submit new forms to the County (forms are available from the Franchise Tax Board website listed below).

11.2. Under certain circumstances, Offerors may be eligible for reduced or waived nonresident withholding. If Offeror has already received a waiver or a reduced withholding response from the State of California and the response remains valid, Offeror should submit the response to the County in lieu of the forms. Failure to submit the required forms will result in withholding of payments. Offerors should access the Franchise Tax Board websites, listed below, for tax forms and relevant information regarding non-resident withholding, including waivers or reductions. The County will not give Offerors any tax advice. It is recommended that Offerors speak with their tax advisers and/or the State of California for guidance.

Franchise Tax Board Websites:

https://www.ftb.ca.gov https://www.ftb.ca.gov/forms/search/

11.3. If selected for award, Offeror must submit applicable forms to the Auditor & Controller via fax, at (858) 694- 2060, or mail originals to: County of San Diego, 5530 Overland Avenue, Suite 410, San Diego, CA 92123. The P.O. Number or Contract Number (if available) and “California Revenue and Taxation Code § 18662” must appear on fax cover sheet and/or the outside of the mailing envelope.

12. W-9 FORM

12.1. If selected for award, Offeror must complete and submit a W-9 form if a current form is not on file with the

County.

13. PREVAILING WAGE

13.1. Reserved.

https://www.ftb.ca.gov/ https://www.ftb.ca.gov/forms/search/

DISNEY CROSSING – CULVERT CLEARING SERVICES

C. SUBMITTAL ITEMS

1. EXHIBIT 1 - REQUIRED FORMS

1.1 Submit a completed and signed Offeror’s Cover Page (PC600) form

• Required for all Offerors

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC600_dpc_Offerors_Cover_Page.pdf

1.2 Submit a completed and signed Representations and Certifications form (PC601)

• Required for all Offerors

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC601_dpc_Reps_and_Certs.pdf

1.3 Submit a completed and signed Small-Local Business Self-Certification Form (PC610)

• Required for all Offerors. The award of contracts resulting from this RFQ is reserved for Small-Local Businesses as defined in Board Policy B-53. To be considered for award, Offeror must successfully certify that they qualify as a Small-Local Business.

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC610_dpc_Small_Local_Self_Cert.pdf

1.4 Submit a completed and signed Nondisclosure Indemnification Agreement (PC620) (if applicable).

• Required if submitting Confidential/Proprietary Information (see RFQ Instructions and Rules section 4.2)

• located at:

https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC620_dpc_Nondisclosure_Indemnity.pdf

2. EXHIBIT 2 - PROGRAM/TECHNICAL EXHIBIT

2.1 Provide a list of the equipment that will be used to complete the culvert trash and debris removal successfully.

2.2 Based on the scope of work, confirm the contractor can have an immediate start of the culvert trash and debris removal upon contract execution.

YES ☐ NO ☐

3. EXHIBIT 3 - COST/PRICE EXHIBIT

3.1 Submit a completed Payment Schedule

4. EXHIBIT 4 – ACCEPTANCE OF TERMS AND CONDITIONS

4.1 Confirm acceptance “YES/NO” of the County of San Diego’s Draft Agreement (including insurance requirements):

YES ☐ NO ☐

4.1.1 If “NO,” provide a detailed list of exceptions to the terms and conditions, the nature of its concern, and what terms the Offeror is willing to accept.

Note: The Offeror will be deemed to have accepted any terms and conditions of the Contract to which it does not take exception to. The County may, as part of its evaluation process, conclude that exceptions are so numerous and/or material as to make Offeror’s response to the solicitation unacceptable.

5. EXHIBIT 5 – CONFIDENTIAL PROPRIETARY

5.1 Include any Confidential/Proprietary Information in this exhibit, in accordance with RFQ Instructions and Rules section 4.2 https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC600_dpc_Offerors_Cover_Page.pdf https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC601_dpc_Reps_and_Certs.pdf https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC610_dpc_Small_Local_Self_Cert.pdf https://www.sandiegocounty.gov/content/dam/sdc/purchasing/docs/PC620_dpc_Nondisclosure_Indemnity.pdf

D. REQUIRED FORMS

(RESERVED)

E. STATEMENT OF WORK

1. Scope of Work/Purpose

1.1 The Contractor shall remove all trash and debris from the (qty: 3) culverts located at the Disney Crossing location within the Smugglers Gulch channel.

1.1.1 The culverts are approx. 8’ in diameter corrugated metal pipe and approx. 25’ LF in length.

1.2 All trash/debris items that are removed from the culvert shall be removed from the site and taken to a dumpster/landfill in an environmentally compliant manner.

1.3 The focus of this project is the removal and disposal of trash and debris removed from the Disney Crossing culvert to remove obstructions to allow water to flow freely.

1.4 The Contractor shall complete minor earthwork to move dirt/sediment away from the culverts to allow for full free access to complete this scope of work and place the dirt/sediment in a manner that allows for water to flow freely through the channel.

1.4.1 The contractor shall place any dirt/sediment that is located within the culverts shall be placed on the downstream side, specifically the northside of the Disney Crossing. All dirt/sediment that is removed from the channel shall be spread out so it is mostly flat. We cannot have large mounds of dirt/sediment within the channel as this will impede the water flow.

1.4.2 This project does not focus on exporting dirt/sediment, however if dirt/sediment is removed with the trash/debris, that is acceptable.

1.5 The Contractor shall use their own means/methods to determine how to best complete this work.

1.6 The Contractor is to ensure no further damage is to occur to the existing drainage culverts. If any additional damage occurs, the contractor shall be responsible for completing repairs to bring the site conditions back to what they were previously before the damage.

1.7 The removal and disposal of trash and debris from the approximately 50 LF project areas at each project location are critical to clean up the area and reduce the potential for additional trash from spreading further downstream during future rain events.

2. Background

2.1 Trash and debris flows in from Tijuana, Mexico over the international border to the Smugglers Gulch drainage basin by way of water flow. The trash and debris builds up in these areas and clogs the existing drainage culverts which increases the potential for problematic flooding when trash and debris clog the drainage culverts and existing trash collection booms. The trash must be removed and exported from the area and disposed of in an approved landfill.

3. Goals and Outcomes

3.1 Contractor shall remove all trash and debris within the (qty: 3) drainage culverts located at the Disney Crossing location.

3.2 Contractor shall complete minor earthwork to move dirt/sediment away from the culvert to allow for full access to complete this scope of work, in addition to spreading the dirt/sediment that is found within the (3) culverts.

3.3 All dirt/sediment that is removed from the culverts shall be spread out to a flat finish in order to not create mounds, as the goal is to allow the water to flow freely through the channel.

3.4 All dirt/sediment found within the culverts shall be removed and spread on the downstream side (the northside) of the culverts in order to not further impede waterflow.

3.5 All dirt/sediment on the upstream (southside) of the culverts shall be moved back and spread out to ensure full access to the culverts.

3.6 Completion of this work will help the water to flow freely from Mexico through the Smugglers Gulch drainage basin and ultimately out to the Pacific Ocean without flooding the community.

4. Site Location

4.1 The County of San Diego, Department of Parks and Recreation (DPR) property nearest to the project site is the Tijuana River Valley Campground: 1942 Monument Rd, San Diego, CA 92154.

4.2 The Disney Crossing location is approximately 1,500 LF north from the Monument Road and Smugglers Gulch intersection. Preferred access location - vehicle access is located off of Monument Road, at the City of SD property gate, the alternate vehicle access location, is just south of the Pony Land: Pony Rides and Petting Zoo

DISNEY CROSSING – CULVERT CLEARING SERVICES

located at 2606 Hollister St, San Diego, CA 92154. Both locations have a dirt road that goes directly to the Disney Crossing location where the work needs to occur.

5. Specific Requirements of Service Delivery

5.1 All work shall be conducted by the Contractor from 7:30 am to 5:00 pm, Monday through Friday.

5.1.1 Any work during hours other than those specified shall be allowed only when specifically requested in writing by the Project Manager (PM).

5.1.2 Work hours changes are subject to change and are at the discretion of DPR.

5.2 Contractor must furnish all labor, materials, equipment, tools, site supervision and management required to complete the work defined in the Exhibit A – Statement of Work.

5.3 Contractor is responsible for preserving all existing habitats and site conditions around the Smugglers Gulch drainage system.

5.3.1 If anything is substantially damaged, the Contractor is responsible for repairing or replacing the damaged item(s) at no additional cost to the County.

5.4 The Contractor shall ensure that the public roads are always accessible and clear, allowing the public to always use the roads with no major interruptions to traffic or access.

5.5 The Contractor shall always keep utility structures accessible during work onsite.

5.6 The Contractor is responsible for the removal and disposal of all trash and debris that are removed as part of these activities, in accordance with all Local, State and Federal laws.

5.6.1 The Contractor is responsible for locating a landfill that will be accepting all trash and debris from this scope of work.

5.7 The Contractor must complete the work within 15 calendar days from the day the Notice to Proceed has been issued.

6. Inspection and Acceptance for Payment

6.1 The Contractor must provide before, during, and after pictures of the work area.

6.2 Work is subject to inspection and acceptance by the Project Manager and/or the Contracting Officers

Representative (COR) or designee.

6.3 The COR or designee shall have the ultimate responsibility and authority to determine whether the Contractor’s duties and obligations under this Agreement, including specifically whether the Service Provider delivered all work and whether the Contractor’s work satisfied all the applicable criteria in accordance with the scope of work.

6.4 Any work that requires correction shall be at the Contractor’s sole cost and expense.

7. Invoicing

7.1 Invoices must be itemized based on Exhibit C – Pricing Schedule and should be easily recognizable.

7.2 The Contractor shall not include additional charges that are not specified within Exhibit C – Pricing Schedule of this contract.

7.3 Requests for correction can be made by the PM and/or COR when invoiced line items do not accurately reflect goods listed in payment schedule.

7.4 The Contractor is to re-submit a corrected invoice within 2 business days upon receipt of revision request.

7.5 Invoicing shall be e-mailed to COR and COR’s associates upon COR’s request.

7.6 County of San Diego, Department of Parks and Recreation address is 5510 Overland Ave, Suite 270, San Diego, CA 92123.

DISNEY CROSSING – CULVERT CLEARING SERVICES

Exhibit A Attachment 1 Map of Disney Crossing – Culvert Clearing

Exhibit A Attachment 2

DISNEY CROSSING – CULVERT CLEARING SERVICES

Exhibit A Attachment 3

DISNEY CROSSING – CULVERT CLEARING SERVICES

Exhibit A Attachment 4 Disney Crossing – Culvert Clearing

Exhibit A Attachment 5 Disney Crossing Culverts

8. PAYMENT SCHEDULE

ITEM

NO. DESCRIPTION QUANTITY UNIT OF

MEASURE

UNIT

PRICE

EXTENDED

PRICE

Remove trash and debris from culvert A (Western most culvert) (approx. 8’ diameter corrugated metal pipe x 25’ length). Culvert to be clear of all trash and debris upon project completion.

1 Lump Sum $ $

Remove trash and debris from culvert B (Middle culvert) (approx. 8’ diameter corrugated metal pipe x 25’ length). Culvert to be clear of all trash and debris upon project completion.

1 Lump Sum $ $

Remove trash and debris from culvert C (Eastern most culvert) (approx. 8’ diameter corrugated metal pipe x 25’ length). Culvert to be clear of all trash and debris upon project completion.

1 Lump Sum $ $

Disposal of all trash, debris, and general waste from site to a dump site in an environmentally compliant manner. This shall account for all waste that was removed from culverts A/B/C.

1 Lump Sum $ $

Minor earthwork to expose the culverts. Sediment/dirt to be moved on site, no expectation to remove sediment/dirt from the channel. Simply spreading and flattening so water can flow through the area. Be mindful and do not leave any mounds of dirt anywhere. Ideally dirt will be spread on the downstream side of the culvert (northside of Disney Crossing).

1 Lump Sum $ $

TOTAL (Basis of award): $

9. DRAFT AGREEMENT

The County’s contract with the successful Offeror(s) will be based upon the following Draft Agreement, structured as follows:

Draft Agreement

Exhibit A – Statement of Work Exhibit B – Insurance Requirements Exhibit C – Payment Schedule

Exhibits A (Statement of Work) and C (Payment Schedule) will be added during contract finalization. Offerors will be deemed to have accepted the Draft Agreement and Statement of Work, except where Offeror has taken clear exception in its quote in accordance with and when provided for in the Submittal Items.

This agreement (“Agreement”) is made and entered into effective as of the date of the last signature on the signature page by and between the County of San Diego, a political subdivision of the State of California (“County”) and [# enter full corporate title, business structure (obtain from contractor - e.g. “a California corporation,” “a California limited liability company,” “a California public benefit corporation”), located at (complete address)] (“Contractor”), with reference to the following facts:

RECITALS

A. Pursuant to the San Diego County Administrative Code section 401, the County’s Director of the Department of Purchasing and Contracting is authorized to award a contract for Disney Crossing Culvert Clearing Services.

B. Contractor is specially trained and possesses certain skills, experience, education, and competency to perform these services.

C. The Chief Administrative Officer made a determination that Contractor can perform the services more economically and efficiently than the County, pursuant to section 703.10 of the County Charter.

D. The Agreement shall consist of:

• This document,

• Exhibit A Statement of Work,

• Exhibit B Insurance Requirements, and

• Exhibit C Payment Schedule

E. In the event of a conflict between any provisions of this Agreement, the following order of precedence shall govern: First (1st) this document; Second (2nd) Exhibit B; Third (3rd) Exhibit A; Fourth (4th) Exhibit C; and [# remove if not used] fifth (5th) Exhibit A-1.

NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

ARTICLE 1

KEY PROVISIONS

1.1 CONTRACTOR: _____

1.2 SERVICES: _____

1.3 AGREEMENT TERM: This Agreement shall begin on the date of the last signature below and end upon completion and County acceptance of all deliverables under this Agreement.

1.4 COMPENSATION: Pursuant to Exhibit C, Article 4, and other applicable provisions of this Agreement, County agrees to pay Contractor a sum not to exceed [# write out amount] ($######) (“Maximum Agreement Amount”).

1.5 COR: The County designates the following individual as the Contracting Officer’s Representative (“COR”).

#Name and Title

#Address #Address

#Phone and email

1.6 CONTRACTOR’S REPRESENTATIVE: Contractor designates the following individual as the Contractor’s Representative.

#Name and Title #Address #Address

#Phone and email

ARTICLE 2

PERFORMANCE OF WORK

2.1 Statement of Work. Contractor shall perform the work described in the “Statement of Work” attached as Exhibit A to this Agreement, and by this reference incorporated herein, except for any work therein designated to be performed by County.

2.1.1 Evaluation Studies. Contractor shall participate as requested by the County in research and/or evaluative studies designed to show the effectiveness and/or efficiency of Contractor services or to provide information about Contractor’s project.

2.1.2 Health Insurance. If Contractor provides direct services to the public under this Agreement, Contractor shall ask if clients and any minor(s) for whom clients are responsible have health insurance coverage. If the response is “no” for client or minor(s) the Contractor shall refer the client to Covered California at https://www.coveredca.com/ or to 1-800-300-1506.

2.2 Standard of Performance. Contractor shall, in good and workmanlike manner and in accordance with the highest professional standards, at its own cost and expense, furnish all of the labor, technical, administrative, professional and all other personnel, all supplies and materials, equipment, printing, transportation, training, facilities, and all other means whatsoever, except as herein otherwise expressly specified to be furnished by County, necessary or proper to perform and complete the work and provide the services required of Contractor by this Agreement.

2.3 Contractor as Independent Contractor. Contractor is, for all purposes of this Agreement, an independent contractor. Neither Contractor nor any person engaged by Contractor to accomplish the work under this Agreement, including, without limitation, Contractor’s and its subcontractors’ employees, volunteers, officers, agents, consultants, and subcontractors (“Workforce”) shall be deemed to be employees of the County. Contractor shall perform its obligations under this Agreement according to the Contractor’s own means and methods of work, which shall be in the exclusive charge and under the control of the Contractor, and which shall not be subject to control or supervision by County except as to the results of the work. County hereby delegates to Contractor any and all responsibility for the safety of Contractor’s Workforce, which shall include inspection of property to identify potential hazards. Neither Contractor nor Contractor’s Workforce shall be entitled to any benefits to which County employees are entitled, including without limitation, overtime, retirement benefits, workers’ compensation benefits and injury leave.

2.4 Contractor’s Agents and Employees or Subcontractors.

Contractor shall obtain, at Contractor’s expense, all Workforce required for Contractor to perform its duties under this Agreement, and all such services shall be performed by Contractor’s Representative, or under Contractor’s Representatives’ supervision, by persons authorized by law to perform such services. Retention by Contractor of any Workforce member shall be at Contractor’s sole cost and expense, and County shall have no obligation to pay Contractor’s Workforce to support any such person’s or entity’s claim against the Contractor; or to defend Contractor against any such claim.

In the event any subcontractor or consultant is utilized by Contractor for any portion of the project, Contractor retains the prime responsibility for carrying out all the terms of this Agreement, including the responsibility for performance and ensuring the availability and retention of records of subcontractors and consultants in accordance with this Agreement.

2.4.1 “Related Subcontract” means an agreement to furnish, or the furnishing of, supplies, materials, equipment, or services of any kind to Contractor or any higher tier subcontractor in the performance of some or all of the work in this Agreement. Related Subcontracts includes consultant agreements, which are defined as agreements for services rendered, or the rendering of services, by persons who are members of a particular profession or possess as special skill and who are not officers or employees of the Contractor. Examples include those services acquired by Contractor or a subcontractor in order to enhance their legal, economic, financial, or technical positions.

Professional and consultant services are generally acquired to obtain information, advice, opinions, alternatives, conclusions, recommendations, training, or direct assistance, such as studies, analyses, evaluations, liaison with government officials, or other forms or representation. Related Subcontracts shall not include agreements for ancillary goods or services, or consulting services intended to support Contractor in a general manner not specific to the work performed under this Agreement. “Related Subcontractor” means an individual or entity holding or performing a Related Subcontract.

2.4.2 Required Subcontract Provisions: Contractor shall notify all Related Subcontractors of Contractor’s relationship to County and include in its subcontracts all provisions necessary to ensure Contractor’s and subcontractors’ compliance with this Agreement. Without limiting the foregoing, Contractor shall specifically include in its Related Subcontracts, and require Related Subcontractors’ compliance with, the applicable provisions of Articles 3, 7, 9, 10, 11, 12, 14, 15, 17 and 18, and section 4.6.1 of Article 4 hereunder, altered as necessary for proper identification of the contracting parties.

2.4.3 Reserved.

2.4.4 County Approval: Any Related Subcontract that is in excess of fifty thousand dollars ($50,000) or twenty five percent (25%) of the value of this Agreement, whichever is less; or a combination of Related Subcontracts to the same individual or firm for the Agreement period, the aggregate of which exceeds fifty thousand dollars ($50,000) or twenty five percent (25%) of the value of this Agreement, whichever is less; or any Related Subcontract for professional medical or mental health services, regardless of value, must have prior concurrence of the COR.

2.5 Offshore Prohibition. Except where Contractor obtains the County’s prior written approval, Contractor shall perform the work of this Agreement only from or at locations within the United States. Any County approval for the performance of work outside of the United States shall be limited to the specific instance and scope of such written approval, including the types of work and locations involved. Notwithstanding the foregoing, this section shall not restrict the country or countries https://www.coveredca.com/ of origin of any assets purchased to provide the work hereunder; provided that when such assets are used to provide the work, such assets shall be used only from or at locations within the geographic boundaries of the United States.

2.6 Responsibility for Equipment. County shall not be responsible nor be held liable for any damage to persons or property consequent upon the use, misuse, or failure of any equipment used by Contractor or Contractor’s Workforce, even though such equipment may be furnished, rented, or loaned to Contractor by County. The acceptance or use of any such equipment by Contractor or Contractor’s Workforce shall be construed to mean that Contractor accepts full responsibility for and agrees to exonerate, indemnify, and hold harmless County from and against any and all claims for any damage whatsoever resulting from the use, misuse, or failure of such equipment, whether such damage be to the employee or property of Contractor, other contractors, County, or other persons. Equipment includes, but is not limited to material, computer hardware and software, tools, or other things.

2.6.1 Contractor shall repair or replace, at Contractor’s expense, all County equipment or fixed assets that are damaged or lost as a result of the actions of Contractor or Contractor’s Workforce.

2.7 Non-Expendable Property Acquisition. County retains title to all non-expendable property provided to Contractor by County, or which Contractor may acquire with funds from this Agreement if payment is on a cost reimbursement basis, including property acquired by lease purchase Agreement. Contractor may not expend funds under this Agreement for the acquisition of non-expendable property having a unit cost of $5,000 or more and a normal life expectancy of more than one year without the prior written approval of COR. Contractor shall maintain an inventory of non-expendable equipment, including dates of purchase and disposition of the property. Inventory records on non-expendable property shall be retained, and shall be made available to the County upon request, for at least three years following date of disposition. Non-expendable property that has value at the end of the Agreement (e.g. has not been depreciated so that its value is zero), and to which the County may retain title under this paragraph, shall be disposed of at the end of the Agreement as follows: At County’s option, it may: 1) have Contractor deliver to another County contractor or have another County contractor pick up the non-expendable property; 2) allow Contractor to retain the non-expendable property provided that Contractor submits to the County a written statement in the format directed by the County of how the non-expendable property will be used for the public good; or 3) direct the Contractor to return to the County the non-expendable property.

ARTICLE 3

DOCUMENTS AND RECORDS

3.1 Ownership, Publication, Reproduction, and Use of Material. All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other material or properties produced under this Agreement shall be the sole and exclusive property of County. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyright, or patent right by Contractor in the United States or in any other country without the express written consent of County. County shall have unrestricted authority to publish, disclose, distribute and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement.

3.2 Confidentiality. Contractor agrees to maintain the confidentiality of, and to take industry appropriate as well as all legally required measures to prevent the unlawful disclosure of, any information that is legally required to be kept confidential.

Except as otherwise allowed by local, State, or federal law or regulation, Contractor agrees to only disclose confidential records where the holder of the privilege, whether the County, or a third party, provides written permission authorizing the disclosure. Further, any reports, records, data, or other information given to or prepared or assembled by Contractor under this Agreement that the County requests to be kept confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the County except as may be required by law. Contractor shall not disclose to any individual or organization any reports, records, data, or other information received, prepared, or assembled by Contractor under this Agreement

3.2.1 Specific Requirements for County Confidential Information under Sections 965 through 971 of the San Diego County Code of Administrative Ordinances

3.2.1.1 Definitions. For purposes of this Section, “County Confidential Information” means, collectively, information related to any: (i) actions that an individual has the right to undertake free from undue governmental interference, discrimination, or criminalization under federal, state, or local law including, without limitation, Reproductive Healthcare Services, Gender Affirming Health Care, Gender Affirming Mental Health Care, and exercising rights under the First Amendment of the United States Constitution (collectively, “Protected Personal Activity”), and (ii) actual or perceived attributes of an individual that are safeguarded from discrimination under state law, including, without limitation, immigration or citizenship status, disability status, gender identity or expression, or transgender status, sexual orientation, race, ethnicity, national origin, or language, and/or marital or familial status

(collectively, “Protected Personal Characteristics”). All capitalized terms used in this Section 3.2.1, but not defined herein, shall have the meaning assigned to such terms in Section 966 of the San Diego County Code of Administrative Ordinances.

3.2.1.2 Confidentiality. Contractor agrees to maintain County Confidential Information received or obtained pursuant to the obligations under this Contract, if any, confidential, and shall not share and/or transmit such information to any third party including, without limitation, any governmental agency, unless required to do so pursuant to federal, state, or local law or as necessary to perform the obligations of Contractor pursuant to this Contract. Contractor agrees to include these requirements in any subcontract related to the performance of this Contract. The obligation to maintain County Confidential Information confidential and private shall survive the expiration or earlier termination of this Contract.

3.2.1.3 Notice Requirement for Interactions with Federal Law Enforcement, Out-of-State Law Enforcement, or Private Parties Acting Under Color of Law Enforcement Authority Should Contractor receive a request from any Federal Law Enforcement Agency Personnel, Out-of-State Law Enforcement Personnel, or a Private Party Acting Under the Color of Law Enforcement Authority for assistance with any Law Enforcement Activity where the alleged criminal activity is a Protected Personal Characteristic and/or a Protected Personal Activity, Contractor shall, within five (5) business days of receipt of such request, notify COR in writing and include (i) the requesting party, (ii) a description of the request, and

(iii) the County Confidential Information released, if any.

3.3 Public Records Act. The California Public Records Act (“CPRA”) requires County to disclose “public records” in its actual or constructive possession unless a statutory exemption applies. This generally includes contracts and related documents. If County receives a CPRA request for records relating to the Agreement, County may, at its sole discretion, either determine its response to the request without notifying Contractor or notify Contractor of the request. If County determines its response to the request without notifying Contractor, Contractor shall hold County harmless for such determination. If County notifies Contractor of the request, Contractor may request that County withhold or redact records responsive to the request by submitting to County a written request within five (5) business days after receipt of the County’s notice. Contractor’s request must identify specific records to be withheld or redacted and applicable exemptions. Upon timely receipt of Contractor’s request, County will review the request and at its sole discretion withhold and/or redact the records identified by Contractor.

Contractor shall hold County harmless for County’s decision whether to withhold and/or redact pursuant to Contractor’s written request. Contractor further agrees that its defense and indemnification obligations set forth in section 17.1 of this Agreement extend to any Claim (as defined in section 17.1) against the County Parties (as defined in section 17.1) arising out of County’s withholding and/or redacting of records pursuant to Contractor’s request. Nothing in this section shall preclude Contractor from bringing a “reverse CPRA action” to prevent disclosure of records. Nothing in this section shall prevent the County or its agents or any other governmental entity from accessing any records for the purpose of audits or program reviews if that access is legally permissible under the applicable local, State, or federal laws or regulations.

Similarly, County or its agent or designee may take possession of the record(s) where legally authorized to do so.

3.4 Custody of Records. Contractor shall deliver to County or its designee, at County’s request, all documentation and data related to Contractor’s work under this Agreement, including, but not limited to, County data and client files held by Contractor, at no charge to County. County, at its option, may take custody of Contractor’s client records upon Agreement termination, expiration, or at such other time as County may deem necessary. County agrees that such custody will conform to applicable confidentiality provisions of State and federal law and that retained records shall be available to Contractor for examination and inspection in accordance with applicable law. Contractor shall destroy records not turned over to County in accordance with applicable retention requirements and this Agreement. Notwithstanding the foregoing, Contractor may retain one (1) copy of the documentation and data for archival purposes or warranty support, and Contractor may maintain records that it is legally required to maintain.

ARTICLE 4

COMPENSATION

County will pay Contractor…