REQUEST FOR PROPOSALS/QUALIFICATIONS

No. 2019-002

Architectural Design and Engineering Services

General Commercial; Health Care Facilities/

OSHPD; Americans with Disabilities Act (ADA)

Solicitation Number No. 2019-002

Solicitation Title

Architectural Design and Engineering Services –

General Commercial; Health Care Facilities /

OSHPD; Americans with Disabilities Act (ADA)

Number of contracts expected to be awarded Up to three (3) per category (Up to 9 total)

Estimated Value or Range per contract Up to $600,000.00

Funding Sources ☐Federal ☐State ☒County ☒Other

Expected Contract Duration Up to 36 months

Options to Renew TBD

Hard & Electronic copy proposals required Hard (1) Original; Electronic (1) Copy

County Mailing Address (for hard-copy communication & proposal submissions)

County of San Mateo

Department of Public Works 555 County Center, 5th Floor Redwood City, CA 94063

Authorized Contact Person David DePaola

Authorized Contact Person E-mail ddepaola@smcgov.org

County Website Address https://publicworks.smcgov.org

E-mail Address for Protests rkalkbrenner@smcgov.org

RFP Released April 11, 2019

Pre-proposal meeting date and time (optional) April 25, 2019 2:00 pm PST

Pre-proposal meeting location (optional) 555 County Ctr, 5th Floor, Redwood City, CA

Deadline for Questions, Comments and Exceptions May 13, 2019 1:00 p.m. PST

Respond to Questions May 17, 2019

Proposal Due Date and Time May 28, 2019 3:30 p.m. PST

Interviews June 2019

Submission to County Board for approval July 2019

Anticipated Contract Award Date July 2019

RFP No.002 2 04/10/2019

TABLE OF CONTENTS

SECTION I - GENERAL INFORMATION ..................................................................................................................... 4

1.1 STATEMENT OF INTENT ................................................................................................................................. 4

1.2 BACKGROUND ............................................................................................................................................... 4

1.3 DEFINITIONS .................................................................................................................................................. 4

SECTION II - SCOPE OF WORK AND SPECIAL PROVISIONS ....................................................................................... 7

2.1 SUMMARY ..................................................................................................................................................... 7

2.2 FINGERPRINTING AND BACKGROUND CHECKS ........................................................................................... 10

2.3 PREVAILING WAGE REQUIREMENT ............................................................................................................. 10

SECTION III - INSTRUCTIONS FOR PROPOSERS ...................................................................................................... 12

3.1 PRE-SUBMITTAL ACTIVITIES......................................................................................................................... 12

A. Questions, Comments, Exceptions ............................................................................................................... 12

B. Revisions to the Solicitation ......................................................................................................................... 12

C. Contact with County Employees .................................................................................................................. 12

D. Pre-proposal conference and site visits ....................................................................................................... 12

3.2 PROPOSAL CONTENT REQUIREMENTS ....................................................................................................... 12

A. Proposal Format .......................................................................................................................................... 12

B. Technical Proposal Contents ....................................................................................................................... 13

C. Supplementary Documents ......................................................................................................................... 13

D. Price Proposal .............................................................................................................................................. 13

3.3 PROPOSAL SUBMISSION ............................................................................................................................. 13

A. Submit proposals as directed below. ........................................................................................................... 13

B. Errors in Proposals ....................................................................................................................................... 14

3.4 PROPOSER CERTIFICATIONS ....................................................................................................................... 14

3.5 WITHDRAWAL OF PROPOSALS ................................................................................................................... 14

3.6 NO COMMITMENT ...................................................................................................................................... 14

3.7 ESTIMATED QUANTITIES ............................................................................................................................ 14

3.8 PROPOSER SELECTION ................................................................................................................................ 15

A. Determination of Responsiveness ............................................................................................................... 15

B. Proposal Evaluation ..................................................................................................................................... 15

C. Determination of Responsibility .................................................................................................................. 15

3.9 CONTRACT AWARD ..................................................................................................................................... 15

A. Notice of Intent to Award ............................................................................................................................ 15

B. Award Procedure ......................................................................................................................................... 15

C. Commencement of Performance ................................................................................................................. 15

3.10 PROTESTS .................................................................................................................................................... 15

A. Protest Eligibility, Format, and Address ...................................................................................................... 16

B. Protest Deadlines......................................................................................................................................... 16

C. Protest Contents .......................................................................................................................................... 16

D. Reply to Protest ........................................................................................................................................... 16

E. No Stay of Procurement Action during Protest ........................................................................................... 16

3.11 PUBLIC RECORDS ........................................................................................................................................ 16

A. General ........................................................................................................................................................ 16

B. Confidential Information ............................................................................................................................. 17

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SECTION IV - QUALIFICATIONS, EXPERIENCE, AND EVALUATION CRITERIA ........................................................... 18

4.1 MINIMUM QUALIFICATIONS ....................................................................................................................... 18

4.2 ORGANIZATIONAL CAPACITY AND EXPERIENCE .......................................................................................... 18

A. Organizational Capacity: ............................................................................................................................. 18

B. Experience ................................................................................................................................................... 18

4.3 REFERENCES ................................................................................................................................................ 18

4.4 EVALUATION CRITERIA ................................................................................................................................ 18

SECTION V - INSURANCE ....................................................................................................................................... 20

5.1 SPECIAL INSURANCE REQUIREMENTS - CYBER LIABILITY ............................................................................. 20

SECTION VI - STANDARD TERMS AND CONDITIONS.............................................................................................. 21

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SECTION I - GENERAL INFORMATION

1.1 STATEMENT OF INTENT

The County of San Mateo, Department of Public Works, Capital Projects Group is seeking proposals from qualified firms to

provide professional Architect and Engineering Design Services. As outlined in Section II – Scope of Work, the county is

requesting proposals, for each of the following three Proposal Group categories.

In providing a proposal for each category, all services include various consulting needs, as necessary for a variety of

architectural and engineering firms to incorporate the coordination of sub-consultants, such as industry-standard services

related to civil, structural, mechanical, electrical, plumbing, HVAC, fire protection, and related specialties.

Proposal Group (PG) The categories will be divided into three separate proposals to be submitted separately as such:

Proposal Group 01 (PG-01): Architect and Engineering Design Services General Commercial.

Proposal Group 02 (PG-02): Architect and Engineering Design Services Health Care / OSHPD Facilities.

Proposal Group 03 (PG-03): Architect and Engineering Design Services Americans with Disabilities Act (ADA).

Department of Public Works (DPW) intends to bring under contract up to three on-call firm(s) per category, to provide

services on an as-needed basis when contracts are executed. Proposers may propose on one or more Proposal Groups.

Proposed contract terms are up to (3) years with an anticipated start date of July 2019.

1.2 BACKGROUND

The Department of Public Works (“DPW” or the “Department”) plans, designs, constructs, operates, manages and

maintains all County-owned facilities to ensure they are safe and accessible to residents and clients of County agencies,

the general public and County employees. DPW has a budget of approximately $200 million and is staffed with over 300

employees in five divisions: Administrative Services and Airports, Engineering and Resource Protection, Facility Services,

Road Services and Parks, supporting the 46 special districts governed by the Board of Supervisors and administered by the

Department.

1.3 DEFINITIONS

Business Day: Monday through Friday except for holidays as observed per the California Government Code.

California Building Standards Code: The building code for California, and Title 24 of the California Code of Regulations

(CCR). It is maintained by the California Building Standards Commission which is granted the authority to oversee

processes related to the California building codes by California Building Standards Law.

California Environmental Quality Act (CEQA): Generally, requires state and local government agencies to inform decision makers and the public about the potential environmental impacts of proposed projects, and to reduce those environmental impacts to the extent feasible.

Confidential Information: Information in any form that is not generally known and treated as confidential by a party, including business, financial, statistical, and non-public personal information, trade secrets, know-how, applications, documentation, schematics, procedures, Personally Identifiable Information, information covered by legal privilege, and other proprietary information that may be disclosed or incorporated in materials provided to one party by the other, whether or not designated as confidential, whether or not intentionally or unintentionally disclosed, and whether or not subject to legal protections or restrictions.

Contract Materials: Finished or unfinished documents, data, studies, maps, photographs, reports, specifications, lists, manuals, software, and other written or recorded materials produced or acquired by the Contractor pursuant to the Contract for or on behalf of the County, whether or not copyrighted.

Contract: The agreement between San Mateo County and Contractor awarded pursuant to this solicitation.

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Contractor: The person or other entity awarded a Contract in conformance with the terms of this solicitation and any subsequently-agreed upon terms.

Cost Management: The activity of examining information relating to the money spent by a company or organization in order to control how much is spent, by preparing budgets and making financial plans.

County Data: All information, data, and other content, including Confidential Information and other information whether or not made available by San Mateo County or San Mateo County’s agents, representatives or users, to a Contractor or potential Contractor or their employees, agents, representatives or Subcontractors, and any information, data and content directly derived from the foregoing, including data reflecting user access or use.

County Systems: The information technology infrastructure of San Mateo County or any of its designees, including computers, software, databases, networks, and related electronic systems.

County: San Mateo County.

Data Universal Numbering System (DUNS): A proprietary nine-digit number issued by Dun and Bradstreet, Inc. to identify unique business entities.

Deliverables: Goods or services required to be provided to San Mateo County under the Contract.

Environmental Impact Report (EIR): An informational document which provides public agencies and general public with detailed information about the effect that a proposed project is likely to have on the environment.

Force Majeure: An event or circumstance not caused by or under the control of a party, and beyond the reasonable anticipation of the affected party, which prevents the party from complying with any of its obligations under the Contract, including acts of God, fires, floods, explosions, riots, wars, hurricane, sabotage, terrorism, vandalism, accident, governmental acts, and other events.

Hosting: Storage, maintenance, and management of hardware, software, and San Mateo County Data by a party other than San Mateo County, on machines and at locations other than those operated by San Mateo County, where a party other than San Mateo County has regular responsibility for back-up, disaster recovery, security, upgrades, replacement, and overall responsibility for ensuring that all hardware and software continues to function as intended.

Key Employee: Employees of the Contractor jointly identified by San Mateo County and the Contractor as possessing unique skill and experience that was a material consideration in San Mateo County’s decision to award a contract.

Maintenance Updates: Any revision, update, improvement, modification, enhancement, correction, bug fix, patch, or new release for a system, platform, software or other product, including any change made as a result of applicable federal, State, or local law.

Major Change: A change to the specified performance, maintainability, operation, power requirements, compatibility, measurement, user interface, reliability, quantity, scale, quality, terms, delivery method, or requirement of any product or service that affects the obligations of the parties or reflects a substantial alteration in circumstances surrounding the agreement, or is of such a nature that knowledge of the change would affect a person’s decision-making process.

Office of Statewide Health Planning and Development (OSHPD): Improves access to quality healthcare for Californians to

ensure hospital buildings are safe, offer financial assistance to individuals and healthcare institutions, collect and

to publish healthcare data.

Personally Identifiable Information (PII): information in any format that can be used to identify a specific individual, either used alone or combined with other private or public information that can be linked in some way to a specific individual.

Prevailing Wage: The hourly wage, usual benefits and overtime, paid to the majority of workers, laborers, and mechanics within a particular area.

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Project Manager: The individual identified by San Mateo County as San Mateo County’s primary contact for the receipt and management of the goods and services required under the Contract.

PST: Pacific Standard Time, including Pacific Daylight Time when in effect.

Public Works: Generally, means construction, alteration, demolition, installation, or repair work done under contract and paid in whole or in part out of public funds. It can include pre-construction and post-construction activities related to a public works project.

Subcontractor: Firm engaged by the Contractor to perform work or provide goods pursuant to the Contract, including vendors and suppliers.

Task Order or Purchase Order: A written request from San Mateo County to a vendor to provide goods or services, indicating types, quantities, prices and delivery criteria.

Value Engineering: An approach used to optimize project life cycle costs, save time, increase profits, improve quality, expand market share, solve problems, and/or use resources more effectively.

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SECTION II - SCOPE OF SERVICES AND SPECIAL PROVISIONS

2.1 SUMMARY

The County is seeking Architect and Engineering Design Services for three (3) separate proposal groups; Architect and

Engineering Design Services General Commercial, Architect and Engineering Design Services Health Care Facilities /

OSHPD and Architectural Design and Engineering Services Americans with Disabilities Act (ADA).

Proposal Group 01 (PG-01): Architect and Engineering Design Services General Commercial.

The County of San Mateo, Department of Public Works, Capital Projects Group is seeking proposals from qualified firms

(Consultants) to provide professional Architect and Engineering Design Services for General Commercial. Selection will be

made from a firm that has extensive knowledge of the current design requirements and of the current code of regulations

on the California Building Standards Code (CBC).

The County is seeking professional Architectural Design and Engineering Services for General Commercial services on tenant improvement and new construction projects. Firm(s) shall provide professional Architectural Design and Engineering Services that reflect current market conditions and shall meet all applicable policy and procedures, regulations, standards and codes at the local, State, and/or Federal jurisdiction level. The initial scope of services is to seek a firm to provide the development and estimation services for each phase of design. These services include but are not limited to: Project budget verification, design phase(s) estimates, and construction cost analysis. Provide the County with an estimated budget for the recommendations, taking into consideration various task scenarios, as well as timelines for completion and benchmarks for use in tracking the project, to include Prevailing wage(s).

Analyze the benefits and limitations to the County under the following scenarios:

Professional services, including but not limited to; administrative and accounting aspects of budget verification, cost

analysis, estimates through complete life cycle architectural design and engineering process through phasing. Taking into

account the overall complexity and their unique requirements, special provisions may be necessary to adhere to the ever-

changing site conditions, that may have an impact to the project.

Services include designing to a phasing schedule that may include but not limited to: Architectural/ engineering and related

space design and features; equipment specifications; specialized machinery; access control, fire alarm and sprinkler,

information technology, tenant relocation, communication systems, incorporating other disciplines such as; civil,

mechanical, electrical, plumbing and structural with the ability to make changes/modifications/recommendations and

phasing plans to accommodate the demands of working in an active office/public work place settings.

Proposed Services to be included, but not be limited to the following:

1. Develop and provide Pre-design phase requirements a. Development planning / Site Analysis b. Communication plan schedule c. Feasibility study d. Stakeholder meetings

2. Develop and provide Conceptual Design phase requirements a. Research; As-built drawings, zoning review, budget analysis b. Scope confirmation

3. Develop and provide Schematic Design phase requirements a. Preliminary Site Plan; Floor plans, cost estimates b. Kick off meeting

4. Develop and provide Design Development phase requirements- Preliminary and Detail drawings a. Outline Specifications; Interior & exterior, consultant drawings, cost estimate revisions

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5. Develop and provide Construction Documents phase requirements a. Technical & Drawing Specifications b. Hardware, Lighting & Accessory selection c. Furniture, fixtures and equipment selection d. Construction details

6. Develop and provide Commissioning phase requirements a. Building b. Equipment

7. Develop and provide documents for Permit phase requirements a. Plan review, question and answer, revisions b. Participation in approvals related for permitting processes

8. Develop and prepare documents for Construction Bidding phase requirements a. Participation in the review of bids and selection of construction company

9. Develop and prepare documents for Construction Administration a. Provide Additional Drawings & Design Feedback b. Site meetings with Contractor/Client/Architect c. Observation Services d. Punch list e. Oversight and inspection during construction and f. Commissioning plan administration/close-out g. Approval of all project completed tasks, budget, records, certificate of occupancy/acceptance

10. Facilitate, participate and coordinate design meetings, to include pre-construction 11. Design requirements shall conform to current and existing building standards, further specified as follows:

a. Non-proprietary assemblies, components, materials to be used as much as possible and/or practical. b. No proprietary service tool(s) shall be required for any maintenance procedure. c. New system’s manufacturer shall impose no restraints on the ability to service and maintain their system. d. New system’s manufacturer shall provide direct support to the “end user” and their designated

maintenance company.

12. Technical training, engineering, and technical support shall be included and made available to County maintenance and/or operations staff.

13. Develop and provide plans and specifications suitable for plan review at 50%, 75%, and 100% intervals. 14. Develop and provide estimated construction cost for county review at 50%, 75%, and 100% intervals. 15. Provide Plan drawings for agency review at 50%, 75% and 100% design completion. 16. All manuals and drawings shall be provided.

a. Provide all necessary specifications, submittals and plans/drawings for review intervals. b. Provide Final Specifications manual: One (1) printed, One (1) electronic version (PDF format on USB drive). c. Provide Final Permit Bid Set Plans; Three (3) printed full size sets, One (1) electronic version (CD/DVD), One

(1) electronic version (PDF format on USB drive) and One (1) set AutoCAD format (DWG). 17. Support County by responding to bidder questions, reviewing bids, and prepare addendums, as necessary. 18. Provide Construction Administration. 19. Attend bi-monthly project progress meetings for duration of project 20. Engineered design specific to installation shall not impact or otherwise affect the daily operation of the facility’s

user’s, during installation. 21. Prepare and submit Architect Supplemental Information as needed to OSHPD. 22. Provide field observation of work in progress to ensure compliance with plans and specifications. 23. Follow all regulatory agency codes, requirements, and procedures. 24. Take digital photos of each construction phase throughout the duration of a project. 25. Report instances of apparent non-compliance with contract plans, specifications to the County. 26. Work with construction project management staff regarding resolutions. 27. Provide project closeout requirements. 28. Provide Record Set (As Built) Plans and Specifications comprising of One (1) printed full size set.

One (1) electronic version (PDF format on USB drive) and One (1) set AutoCAD format (DWG).

Required services are for, but not limited to, coordination with applicable local, state, and federal authorities having

jurisdiction per building code requirements to insure conformance on all public works projects.

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Proposal Group 02 (PG-02): Architect and Engineering Design Services and Health Care Facilities / OSHPD.

The County of San Mateo, Department of Public Works, Capital Projects Group is seeking proposals from qualified firms to

provide professional Architect and Engineering Design Services with the design standards of Health Care Facilities.

Selection will be made from a firm that has extensive knowledge of the current design requirements and regulations of the

California Building Standards Code (CBC) and California Office of Statewide Health Planning and Development (OSHPD).

Firm(s) offering proposals for this group shall meet or exceed the requirements set forth under Proposal Group 01 (PG-01)

as well as the following requirements:

Firm(s) shall provide professional Architectural Design and Engineering Services that are specific to the needs and requirements for the design development, construction documentation, bidding and construction phase services within the healthcare industry. To meet this challenge, the county is seeking a firm that understands the needs and addresses projects with a higher level of detail regarding the code compliance standards of the California Office of Statewide Health Planning and Development (OSHPD). In addition, experience, knowledge and skills in design of the current industry standards while providing a complete understanding of the various levels of compliance through levels 1, 2 and 3 of OSHPD.

Assist the County in the development and coordination services for each of the multiple phases of building renovations

and construction. Professional services, including but not limited to; administrative and accounting aspects of budget

verification, cost analysis, estimates through complete life cycle architectural design process phasing. Considering the

overall complexity of Health Care Facilities / OSHPD standards and their unique requirements, special provisions may be

necessary to adhere to the ever-changing site conditions, that may have an impact to the project.

Provide design to a phasing schedule that may include but not limited to: Equipment specifications; specialized hospital

machinery; access control, fire alarm and sprinkler, information technology, nurse call and paging systems, incorporating

other disciplines such as; civil, mechanical, electrical, plumbing and structural with the ability to make

changes/modifications/recommendations and phasing plans to accommodate the demands of working in an active

office/public work place settings.

Compliance with policy and procedures specifically related to San Mateo Medical Center (SMMC) Infectious Control Policy

construction barrier details and methodology to comply with OSHPD requirements.

Responsible for coordinating all consultants, observing construction, interpreting the drawings and specifications,

administering required testing and inspection processes, and preparing all change directives.

Required services are for, but not limited to, coordination with applicable local, county, state, and federal authorities

having jurisdiction per building code requirements to insure conformance on all public works projects.

Proposal Group 03 (PG-03): Architect and Engineering Design Services Americans with Disabilities Act (ADA).

The County of San Mateo, Department of Public Works, Capital Projects Group is seeking proposals from qualified firms

(Consultants) to provide professional Architect and Engineering Design Services with the design standards of the

Americans with Disabilities Act (ADA). Selection will be made from a firm that has extensive knowledge of the current

design requirements and regulations of the California Building Standards Code (CBC). Firm(s) offering proposals for this

group shall meet or exceed the requirements set forth under Proposal Group 01 (PG-01) as well as the following

requirements:

Firm(s) shall provide professional Architectural Design and Engineering Services that are specific to the needs and requirements for the design development, construction documentation, bidding and construction phase services that comply with the design standards of the Americans with Disabilities Act (ADA). To meet this challenge, the county is seeking a firm that has a high level of understanding on the current ADA standards for accessible design requirements of the Code of Federal Regulations that could be used for new construction and alterations under Titles II and III.

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The County of San Mateo Public Works Department is seeking to award an on-call contract to the most qualified firm(s) to

provide professional architectural, engineering, and related technical services as required for the purpose of addressing

County-wide ADA deficiencies with emphasis on ADA subject matter expertise to achieve proficient design solutions and

address deficiencies in the most cost-effective manner.

The initial scope of services request is to seek a firm that can provide Architectural services while assisting the County with

the development and coordination services for each of the multiple phases of building renovation and construction.

Professional services, including but not limited to; administrative and accounting aspects of budget verification, cost

analysis, estimates through complete life cycle architectural design process phasing. Considering the overall complexity of

ADA and their unique requirements, special provisions may be necessary to adhere to the ever-changing site conditions,

that may have an impact to the project.

Services include designing to a phasing schedule that may include but not limited to: Equipment specifications; specialized

hospital machinery; access control, fire alarm and sprinkler, information technology, nurse call and paging systems,

incorporating other disciplines such as; mechanical, electrical, plumbing and structural with the ability to make

changes/modifications/recommendations and phasing plans to accommodate the demands of working with ADA and in an

active workplace setting.

Responsible for coordinating all consultants, observing construction, interpreting the drawings and specifications,

administering required testing and inspection processes, and preparing all change directives.

Required services are for, but not limited to, coordination with applicable local, state, and federal authorities having

jurisdiction per building code requirements to insure conformance on all public works projects.

Phasing will be modified as scope needs increase or decrease.

The firm(s) shall also have experience working with the various regulatory agencies and have knowledge of the various

County permit application processes; not limited to Planning, Building, Environmental Health, Public Works, Fire and

Local/State/Federal prevailing wage(s); in addition to the following potential CEQA/ EIR agencies.

The capability of firms or individuals submitting proposals shall include estimating services that cover the full spectrum of

their task, including owner representation. Support and recommendations pertaining to all tasks performed; due diligence,

data gathering, information organization, oversight and an analysis factors used to produce the final recommendation of a

task.

The County may request from the consulting firm or individual any or all of the above tasks, according to the nature of the

project assigned. The firm must be so staffed as to render these services expeditiously upon request and will become an

integral member coordinating with the County’s project team. The firm(s) final selection is pending County Board of

Supervisor’s approval of negotiated service agreements.

2.2 FINGERPRINTING AND BACKGROUND CHECKS

Potential staff are required to pass a Live Scan (DOJ and FBI) background check at the contractor’s expense prior to working in County facilities. Potential staff shall follow the directions provided by the Deputy Director of Facilities or his designee to complete this process and will not begin work in a County facility until they have been officially notified in writing by the Deputy Director of Facilities that they have received background clearance.

2.3 PREVAILING WAGE REQUIREMENT

The services contemplated under this procurement include “public works”. For all such work funded by this Agreement, the Contractor is required to comply with state prevailing wage law, Chapter 1 of Part 7 of Division 2 of the Labor Code, commencing with Section 1720. In addition, comply with Title 8, California Code of Regulations, Chapter 8, Subchapter 3, commencing with Section 16000, for any “public works” as that term is defined in the statues, including all applicable flow down provisions. For purposes of complying with prevailing wage laws, the Contractor must comply with the provisions

RFP No.002 11 04/10/2019

applicable to an awarding body and that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. California Legislative Information; State of California – Department of Industrial Relations https://leginfo.legislature.ca.gov/faces/home.xhtml – https://www.dir.ca.gov/dlse/dlse.html

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SECTION III - INSTRUCTIONS FOR PROPOSERS

3.1 PRE-SUBMITTAL ACTIVITIES

A. Questions, Comments, Exceptions

Submit questions, comments, and exceptions, including notifications of apparent errors, to email address

ddepaola@smcgov.org with the subject “Architectural Design and Engineering Services – General Commercial;

Health Care Facilities / OSHPD; Americans with Disabilities Act (ADA)” by the deadline for questions, comments, and

exceptions. Questions and comments received after the deadline may not be acknowledged.

(1) Request for changes

If requesting changes to a part of this solicitation, identify the specific words or phrases and the sections and paragraphs in which they occur. State the reason for each request and provide alternative suggested language. Failure to submit requests by the deadline will be deemed a waiver of any exception. The County’s consideration of a suggestion does not imply acceptance. If sufficient proposals are received with no requested changes, the County may reject those requesting changes.

B. Revisions to the Solicitation

The County may cancel, revise, or reissue this solicitation, in whole or in part, for any reason. Revisions will be posted as addenda on County’s https://publicworks.smcgov.org web site. Proposers are responsible for ensuring that they have received all addenda from Public Works.

C. Contact with County Employees

Violation of the following prohibitions may result in a proposer being found non-responsible, barred from participating in this or future procurements, and becoming subject to other legal penalties.

(1) As of the issuance date of this RFP and continuing until it is canceled or an award is made, no proposer or person acting on behalf of a prospective proposer may discuss any matter relating to the RFP with any officer, agent, or employee of the County; other than through Public Purchase, to the Authorized Contact Person, or as outlined in the evaluation or protest procedures.

(2) Proposers may not agree to pay any consideration to any company or person to influence the award of a contract by the County, nor engage in behavior that may be reasonably construed by the public as having the effect or intent of influencing the award of a contract.

D. Pre-proposal conference and site visits

If a pre-proposal conference or site visit is scheduled, answers to questions raised prior to and at the events will be posted on the County’s website.

3.2 PROPOSAL CONTENT REQUIREMENTS

A. Proposal Format

Number all pages of the proposal. Label and order each section as follows:

(1) Cover letter - no longer than one page, signed by an individual authorized to execute legal documents for the proposer, identifying the materials submitted.

(2) Authorized contacts - identify the name and title the person to contact regarding the proposal, as well as all other individuals authorized to represent the organization in contract negotiations.

(3) Table of Contents, listing all major topics and their respective page numbers.

(4) Exceptions to the solicitation, or to the final revised solicitation, if any.

(5) Technical Proposal.

(6) Supplementary Documents, as requested.

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(7) Price Proposal. (submitted in a separate sealed envelope).

B. Technical Proposal Contents

(1) Explain responses so as to be understood by people unfamiliar with industry jargon. Use drawings, diagrams, schematics and illustrations as needed, but do not simply refer readers to an exhibit or other section of the proposal in lieu of a complete response.

(2) Addressing each requirement outlined in this solicitation in the order presented, describe how the requested goods and services will be provided.

(3) If applicable or requested, include a project schedule with milestones, deliverables, dates, and a project management plan.

(4) Specify any needs for physical space or equipment that the County must provide during the engagement.

(5) Explain how work, equipment, and knowledge will be transitioned to the County or a new vendor at the end of the contract period.

C. Supplementary Documents

If additional documents and materials are appropriate, or have been requested by the County, provide in the following order as applicable:

(1) Minimum Qualifications, using County forms if provided.

(2) Organizational Capacity and Experience, describing work of a similar nature undertaken for a similar entity.

(3) Financial Documents.

(4) Samples, drawings, illustrations and related items.

(5) Attachments, certifications, and forms, executed as applicable.

D. Price Proposal

(1) Place all cost and pricing data in a separate sealed envelope clearly marked “PRICE PROPOSAL”.

(2) If forms and templates are provided for the Price Proposal, use them without modification. Failure to use the forms or templates provided, or modification of them, may result in rejection of the entire proposal.

(3) Alternative Price Proposals may be submitted, but only in addition to, not in lieu of, the requested Price Proposal. If submitting an alternative Price Proposal, clearly identify it as an alternative.

(4) Include prices for the base period of service and if applicable, for each additional and option year(s).

(5) Unless otherwise indicated, when applicable, in the price of an item, include all licenses required for operation, as well as upgrades and revisions to software over the term.

3.3 PROPOSAL SUBMISSION

A. Submit proposals as directed below.

(1) Hard Submission (a) Submit proposal with all required documents in a sealed package to the designated County Mailing Address.

(b) Clearly mark the following information on the Outside of the package:

• Proposer Name

• Return address

• Solicitation title

• Solicitation number

(c) Within the package, submit the Technical Proposal, the Price Proposal and electronic copy into separate sealed and marked envelopes.

(2) Electronic Copy Submissions

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(a) Submit proposal with all required documents within the Hard Submission sealed package to the designated County Mailing Address.

(b) Clearly mark each file name with the following information:

• Proposer Name

• Solicitation title

• Solicitation number

• Proposal Type

(c) Within the package, submit a memory stick with the Technical Proposal, the Price Proposal and all required documents into separately named files. (3) Proposals requiring a Hard and Electronic Submission proposal, follow the Hard Submission process.

Hand-written responses, whether or not submitted electronically, will be rejected, with the exception that signatures may be hand-written.

(4) Submit proposals and all required documentation so as to physically reach the designated address by the due Date and Time.

B. Errors in Proposals

The County will not be liable for any errors in proposals. Proposals may be rejected as unresponsive if they are incomplete, are missing pages or information, or cannot be opened for any reason. The County may waive minor irregularities, but such waiver will not modify any remaining RFP requirements.

3.4 PROPOSER CERTIFICATIONS

By submitting a proposal, each proposer certifies under penalty of perjury that:

• Its submission is not the result of collusion or any other activity that would tend to directly or indirectly influence the selection process; and

• Proposer is able or will be able to comply with all requirements of this solicitation at the time of contract award; and

• Neither proposer, its employees, nor any affiliated firm providing the requested goods and services has prepared plans, specifications, terms or requirements for this solicitation, or has any other actual or potential conflict of interest; and

• Proposer is aware of the provisions of Section 1090 et seq. and Section 87100 et seq. of the California Government Code relating to conflict of interest of public officers and employees and is unaware of any financial or economic interest of any County officer or employee relating to this solicitation.

3.5 WITHDRAWAL OF PROPOSALS

Proposals may be withdrawn, modified, or replaced at any time prior to the Due Date and Time. After that time, whether or not a new solicitation is issued for the same subject matter, withdrawal of a proposal may preclude the proposer from participating in the procurement as a proposer or subcontractor, except that an original equipment manufacturer may participate indirectly through a reseller.

3.6 NO COMMITMENT

Neither submission of a proposal nor the County’s receipt of proposal materials confers any right to the proposer nor any obligation on the County. This RFP does not commit the County to award a contract, nor will the County defray any costs incurred in preparing proposals or participating in any presentations or negotiations.

3.7 ESTIMATED QUANTITIES

If the solicitation results in an indefinite quantity or a requirements Agreement, the goods and services actually requested by the County may be less than the maximum value of the Agreement and there is no guarantee, either expressed or implied, as to the actual quantity of goods and services that will be authorized under the Agreement.

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3.8 PROPOSER SELECTION

At any time in the evaluation process, the County may request clarifications from proposers.

A. Determination of Responsiveness

A responsive proposal conforms to the instructions set forth in this solicitation and any modifications to it. Non-responsive proposals will be rejected. The County, in its sole discretion, may waive non-consequential deviations if the deviations cannot have provided an advantage over other proposers.

B. Proposal Evaluation

The County will establish an evaluation committee which will evaluate responsive proposals based on the criteria specified in the solicitation. The committee may then recommend one or more top-ranked proposers for final negotiation of contract terms or may invite one or more proposers for oral presentations and demonstrations, following which those proposers may be allowed to amend their proposals.

After evaluating presentations and amended proposals, the committee may recommend one or more top-ranked proposers for final negotiation of contract terms.

C. Determination of Responsibility

The County will make a determination of the responsibility of any proposer under consideration for award, taking into consideration matters such as the proposer’s integrity, compliance with public policy and laws, past performance, fiscal responsibility, trustworthiness, financial and technical resources, capacity, and experience to satisfactorily carry out its responsibilities.

The County will notify any proposer found non-responsible and allow the finding to be contested.

3.9 CONTRACT AWARD

A. Notice of Intent to Award

Once a decision has been made to award a contract to one or more proposers, the County will post a Notice of Intent to Award, notifying the remaining proposers of their non-selection. The posting may be inclusion of the recommendation to award as an agenda item on the Board of Supervisors schedule.

B. Award Procedure

Contract negotiations are neither an offer nor an implicit guarantee that a contract will be executed. Award, if made, will be to the responsive, responsible proposer offering the overall best value to the County for the services and goods described in this solicitation, or as applicable, for a specific portion of the services and goods described.

Any agreement reached will be memorialized in a formal agreement using the attached Standard Agreement template.

C. Commencement of Performance

After all parties have signed the Agreement, the County will notify the proposer and performance may proceed. Prior to County execution of the Agreement, no County employee may authorize work. Any work performed prior to that time may be uncompensated.

3.10 PROTESTS

Protests that do not comply with the protest procedures outlined below will be rejected.

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A. Protest Eligibility, Format, and Address

(1) Protests or objections may be filed regarding the procurement process, the content of the solicitation or any addenda, or contract award.

(2) The County will only review protests submitted by an interested party, defined as an actual or prospective proposer whose direct economic interest could be affected by the County’s conduct of the solicitation. Subcontractors do not qualify as interested parties.

(3) Submit protests to Senior Manager, Capital Projects by e-mail to rkalkbrenner@smcgov.org or via hard copy to: Robert Kalkbrenner, Senior Manager, Capital Projects and Construction Services, 555 County Center, 5th Floor, Redwood City, CA 94063.

B. Protest Deadlines

Submit protests with any supplemental materials by 5 p.m. PST, as appropriate, on the deadlines set forth below. The date of filing is the date the County receives the protest, unless received after 5 p.m. PST, or on other than a Business Day, in which case the date of filing will be the next Business Day. Failure to file by the relevant deadline constitutes a waiver of any protest on those grounds. Supplemental materials filed after the relevant deadline may be rejected by the County.

(1) If relating to the content of the solicitation or to an addendum, file within five Business Days after the date the County releases the solicitation or addendum.

(2) If relating to any notice of non-responsiveness or non-responsibility, file within five Business Days after the County issues such notice.

(3) If relating to intent to award, file within five Business Days after the County issues notice of Intent to Award. No protests will be accepted once actual award has been made.

C. Protest Contents

(1) The letter of protest must include all of the following elements:

(a) Detailed grounds for the protest, fully supported with technical data, test results, documentary evidence, names of witnesses, and other pertinent information related to the subject being protested; and

(b) The law, rule, regulation, ordinance, provision or policy upon which the protest is based, with an explanation of the violation.

(2) Protests that simply disagree with decisions of the Evaluation Committee will be rejected.

D. Reply to Protest

The County will send a written response to the protestor and to any other party named in the protest.

E. No Stay of Procurement Action during Protest

Nothing in these protest requirements will prevent the County from proceeding with negotiations or awarding a purchase order or contract while a protest is pending.

3.11 PUBLIC RECORDS

A. General

(1) All proposals, protests, and information submitted in response to this solicitation will become the property of the County and will be considered public records. As such, they may be subject to public review.

(2) Any contract arising from this RFP will be a public record.

(3) Submission of any materials in response to this RFP constitutes:

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(a) Consent to the County’s release of such materials under the Public Records Act without notice to the person or entity submitting the materials; and

(b) Waiver of all claims against the County and/or its officers, agents, or employees that the County has violated a proposer's right to privacy, disclosed trade secrets, or caused any damage by allowing the proposal or materials to be inspected; and

(c) Agreement to indemnify and hold harmless the County for release of such information under the Public Records Act; and

(d) Acknowledgement that the County will not assert any privileges that may exist on behalf of the person or entity submitting the materials.

B. Confidential Information

(1) The County is not seeking proprietary information and will not assert any privileges that may exist on behalf of the proposer. Proposers are responsible for asserting any applicable privileges or reasons why a document should not be produced in response to a public record request.

(2) If submitting information protected from disclosure as a trade secret or any other basis, identify each page of such material subject to protection as “CONFIDENTIAL”. If requested material has been designated as confidential, the County will attempt to inform the proposer of the public records request in a timely manner to permit assertion of any applicable privileges.

(3) Failure to seek a court order protecting information from disclosure within ten days of the County’s notice of a request to the proposer will be deemed agreement to disclosure of the information and the proposer agrees to indemnify and hold the County harmless for release of such information.

(4) Requests to treat an entire proposal as confidential will be rejected and deemed agreement to County disclosure of the entire proposal and the proposer agrees to indemnify and hold the County harmless for release of any information requested.

(5) Trade secrets will only be considered confidential if claimed to be a trade secret when submitted to the County, marked as confidential, and compliant with Government Code Section 6254.7.

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SECTION IV - QUALIFICATIONS, EXPERIENCE, AND EVALUATION CRITERIA

4.1 MINIMUM QUALIFICATIONS

Proposals will be accepted only from organizations that meet the following required qualifications at the time of proposal submission:

• The proposer is legally authorized to do business in the State of California.

• Firm has demonstrated extensive recent Bay Area experience (minimum of 3 years) as well as in-house resources necessary to effectively provide the required services.

• Firm should provide a straightforward, complete and concise description of the firm’s capabilities and qualifications to provide Architectural Design and Engineering Services.

• Firms shall have extensive knowledge of available project delivery systems allowed under California Public Contract Code and make such recommendations as to their applicability as appropriate.

• The personnel assigned to projects shall have significant experience in all phases of construction with successful design-bid-build projects.

• Consultant and staff shall be knowledgeable of all applicable codes (including planning and building and the ancillary permit requirements), American with Disabilities Act, Federal, State and local by-laws as applicable, including sustainability, conservation and practice of LEED principles and certification processes.

4.2 ORGANIZATIONAL CAPACITY AND EXPERIENCE

Provide all of the following regarding the prime proposer and if applicable, all joint proposers.

A. Organizational Capacity:

(1) Titles and names of staff members who will be on the team responsible for the project, as well as the expected availability of the various individuals. If requested, include the resume of a dedicated, full-time project manager.

(2) All applicable licenses and license numbers relevant to the project, the names of the holders of those licenses, and the names of the agencies issuing the licenses.

(3) If portions of work will be performed by subcontractors, names of proposed subcontractors other than suppliers and descriptions of their respective responsibilities.

B. Experience

(1) The number of years providing services similar to those contemplated.

(2) The number of years providing services to government entities.

4.3 REFERENCES

Provide at least three references from successfully completed projects of similar nature to that described in this solicitation.

Include the name of the organization for which work was performed, the name, phone number, and e-mail address of an individual at the organization who was responsible for managing and accepting the work.

Ensure that contact information is current. If the County cannot contact the reference because of incorrect or out-of-date information, the reference will be deemed not to have been provided.

4.4 EVALUATION CRITERIA

Proposals will be evaluated in accordance with the following evaluation criteria:

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• 45% - Method and approach

Apparent understanding of the scope of services to be provided

Appropriateness of the proposed solution/services

• 30% - Experience and organizational capacity

Qualifications and experience of both the proposer and key personnel

Experience with other public agencies

Organizational resources and staff, apparent ability to meet any required timelines or other requirements

• 25% - Price

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SECTION V - INSURANCE

Provide evidence of insurance for each of the checked categories

☒

General Liability (Including operations, products and completed operations, as applicable.)

$1,000,000 - per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit either must apply separately to this project or must be twice the required occurrence limit.

☒ Automobile Liability $1,000,000 - per accident for bodily injury and property damage.

☒ Workers’ Compensation As required by the State of California

☐ Employers’ Liability $1,000,000 - each accident, $1,000,000 policy limit bodily injury by disease, $1,000,000 each employee bodily injury by disease.

☒ Professional Liability (Errors and Omissions)

$1,000,000 - per occurrence.

☐ Cyber Liability

$5,000,000 per occurrence for Privacy and Network Security, $1,000,000 per occurrence for Technology Errors and Omissions

To be carried at all times during the term of the Contract and for three years thereafter.

☐ Pollution Liability $ - Per Occurrence

☐ Pollution Liability (Aggregate) $

5.1 SPECIAL INSURANCE REQUIREMENTS - CYBER LIABILITY

If the work involves services or goods related to computers, networks, systems, storage, or access to County Data or to any data that may, alone or in combination with other data, become Confidential Information or Personally Identifiable Information, the following insurance is required.

(1) Privacy and Network Security

During the term of the Contract and for three years thereafter, maintain coverage for liability and remediation arising out of unauthorized use of or access to County Data or software within Contractor’s network or control. Provide coverage for liability claims, computer theft, extortion, network breach, service denial, introduction of malicious code, loss of Confidential Information, or any unintentional act, error, or omission made by users of Contractor’s electronic data or systems while providing services to the County. The insurance policy must include coverage for regulatory and PCI fines and penalties, crisis management expenses, and business interruption. No exclusion/restriction for unencrypted portable devices/media may be on the policy.

(2) Technology Errors and Omissions

During the term of the Contract and for three years thereafter, maintain coverage for liabilities arising from errors, omissions, or negligent acts in rendering or failing to render computer or information technology services and technology products, including at a minimum, coverage for systems analysis, design, development, integration, modification, maintenance, repair, management, or outsourcing any of the foregoing.

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SECTION VI - STANDARD TERMS AND CONDITIONS

These are attached for information only. Do not complete this form. The final agreement between the County and any successful proposer will be based on this template.