REQUEST FOR PROPOSALS #4-13:
DISTRICT CONSTRUCTION PROGRAM-RELATED
LEGAL SERVICES
Submission Deadline:
3:00 pm Friday, November 2, 2012
Purchasing Dept, BldgT600
1 Barnard Drive
Oceanside, CA 92056
Susan Asato, C.P.M.
Director of Purchasing and Material Management
Building Number T600, Mail Station #20
MiraCosta Community College District
1 Barnard Drive
Oceanside, CA 92056
MIRACOSTA COLLEGE RFP #4-13:
REQUEST FOR PROPOSALS FOR DISTRICT
CONSTRUCTION PROGRAM - RELATED LEGAL SERVICES
October 11, 2012
The Governing Board of MiraCosta Community College District invites you to submit a
proposal for the performance of various construction related legal services for the period of
November 21, 2012 through October 31, 2015.
Enclosed is one (1) copy of our Request for Proposals (RFP) calling for District
Construction Project – Related Legal Services. Please review the RFP package carefully.
All parts of this document, along with the proposal from the selected proposer, will become
a binding part of an award to the successful proposer. It is essential that you comply with
all instructions regarding procedure and format.
If you wish to submit a proposal, your completed proposal must be returned in a sealed
envelope clearly marked with the proposal title and number. We must receive your
proposal no later than the opening date and time stated in the Notice of Request for
Proposals. Such proposals shall be received at the location stated in the Notice of Request
for Proposals.
Criteria for award of this agreement will be made based on information supplied in your
proposal, in accordance with the method of award described herein, which is both a
qualitative and a quantitative evaluation.
The District reserves the right, at any time and without obligation, to abandon or terminate
its efforts to contract for said services with respect to this Request for Proposals.
Statements and other materials submitted will not be returned.
If you have any questions regarding this Request for Proposal requirements or timeline,
please contact the undersigned.
MCCCD RFP #4-13: District Construction-Related Legal Services
Page 2 of 23
MIRACOSTA COLLEGE RFP #4-13:
DISTRICT CONSTRUCTION PROGRAM - RELATED LEGAL SERVICES
NOTICE IS HEREBY GIVEN that the MiraCosta Community College District, San Diego
County, California, hereinafter referred to as the "District", will receive up to, but not later
than 3:00 p.m. on Friday, November 2, 2012, sealed proposals for the award of a contract
for:
DISTRICT CONSTRUCTION PROGRAM-RELATED LEGAL SERVICES, RFP #4-13
Such proposals shall be received at the location specified below, and shall be opened at the stated
time and place:
MiraCosta Community College District
Purchasing and Material Management Department
Attention: Susan Asato, Director
1 Barnard Drive, Building T-600
Oceanside, CA 92056
Date of Opening: Friday, November 2, 2012
Time of Opening: 3:00 p.m.
Any proposal received after the stated time will not be considered. Proposals submitted
and participation by interested bidders in the process shall be at no cost or obligation to the
District.
Each proposal must conform and be responsive to this invitation, the Information for
Bidders and all other documents comprising the pertinent contract documents.
The District reserves the right to reject any or all proposals, to accept or to reject one or
more items of a proposal, or to waive any irregularities or informalities in the proposals, or
in the proposal process.
No bidder may withdraw its proposal for a period of sixty (60) days after the date set for the
receipt of proposals.
Proposed Schedule:
Last Day to Submit for Clarifications
October 25, 2012
Proposals Due
November 2, 2012 (Friday) 3:00 pm
Review of Proposals/Short List
Week of November 5, 2012
Oral Interviews (if required)
Week of November 26, 2012
Selection of Firm
Week of December 3, 2012
Board Approval of Contract
December 11, 2012
Negotiation of Final Terms & Conditions December 12 – 14, 2012
MCCCD RFP #4-13: District Construction-Related Legal Services
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MIRACOSTA COLLEGE RFP # 4-13:
REQUEST FOR PROPOSALS FOR DISTRICT
CONSTRUCTION PROGRAM - RELATED LEGAL SERVICES
1.
INVITATION
MiraCosta Community College District, hereinafter referred to as “the District”, invites highly qualified and
experienced legal firms to submit a proposal for providing the District with a variety of construction program
- related legal services.
2.
INFORMATION AND GENERAL CONDITIONS
Purpose of this Agreement. MiraCosta Community College District is seeking to retain a qualified law
firm to provide legal services related to a major $497 million capital construction program. The District
plans to retain a legal firm to assist in these areas, subject to the District’s right to terminate such services
at any time and at its sole discretion.
2.1
Preparation of Proposal Documents
Interested individuals or firms (Proposers) submitting a proposal shall submit an original proposal
plus five (5) copies of said proposal and one (1) electronic copy in the form of a compact disk (CD)
or a thumb drive in a sealed envelope prominently marked with the Request for Proposal number
and title, the due date and time, and the name of the entity submitting the proposal. A fax or email
transmission of a proposal will not be accepted.
All questions, requests for clarification and correspondence prior to the submission of the proposal
must be submitted in writing to the individual below. No questions or requests for clarifications
may be submitted after 4:00 Thursday, October 18, 2012.
Proposals must be submitted no later than 3:00 pm, Friday, November 2, 2012 to:
Susan Asato
Director of Purchasing & Material Management
Building T600, Purchasing Department
MiraCosta Community College District
1 Barnard Drive
Oceanside, CA 92056-3899
Email:
sasato@miracosta.edu
Fax:
760.795.6795
The District will place a clock (“the District Clock”) in a conspicuous location at the place
designated for submittal of Proposals. For purposes of determining the time that a Proposal is
submitted, the District Clock shall be controlling. RFP submittals received after the specified time
and date will not be considered and will be returned unopened to the sender. It is the Proposer’s
responsibility to ensure that its response arrives on or before the specified time.
Responses to this RFP must follow the format described in this RFP. Proposers are encouraged to
submit concise responses that fully provide the information requested. Elaborate responses or the
inclusion of extensive marketing materials are discouraged.
2.2
Signature
Proposals shall be signed in original longhand by an authorized signatory officer of the Proposer
submitting the proposal.
MCCCD RFP #4-13: District Construction-Related Legal Services
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2.3
Completion of Proposals
Proposals shall be completed in all respects as required by the instructions herein and shall be
made in accordance with the form specified herein. A proposal may be rejected if it is conditional
or incomplete, or if it contains alterations of form, interlineations or other irregularities of any kind.
A proposal will be rejected if, in the opinion of the District, the information contained therein was
intended to erroneously and fallaciously mislead the District in the evaluation of the proposal.
Proposals are to be verified before submission, as they cannot be corrected after proposals are
opened.
Proposers shall thoroughly examine the contents of this RFP. Before submitting a proposal,
proposers shall carefully read the specifications and the forms. They shall fully inform themselves
as to all existing conditions and limitations, and shall include in their proposal a sum to cover the
cost of all items included in the contract. No allowance will be made because of lack of such
examination or knowledge. The failure or omission of any proposer to receive or examine any
document with regard to this RFP shall in no way relieve the proposer from obligations with
respect to the RFP or any subsequent contract. The submission of a proposal shall be taken as
prima facie evidence of compliance with this section.
The proposal may be modified after its submission by written notice to the District of withdrawal
and resubmission before the date and time specified for receipt of proposals. Modification will not
be considered if offered in any other manner.
Any addenda or bulletins issued by the District during the time of this proposal shall be issued to
the proposer for the preparation of their proposal and shall be made a part of any contract which
arises as a result of this RFP.
2.4
Withdrawal of Proposals
Proposals may be withdrawn by the Proposer submitting the proposal at any time prior to the
closing date and time for receipt of proposals. A request to withdraw a proposal must be in writing
and received by the District prior to the scheduled opening of proposals. Proposals not withdrawn
must remain open for a period of 60 days following the last day to submit proposals.
No amendment, addendum or modification will be accepted after the proposal has been submitted
to the District. If a change to a proposal that has been submitted is desired, the submitted
proposal must be withdrawn and the replacement proposal submitted to the District prior to the
time scheduled for opening of proposals.
2.5
Requests for Clarification
To control information disseminated regarding this RFP, parties interested in submitting proposals
are directed to make all requests for information and/or clarification in writing and received by the
District no later than 5:00 pm, Thursday, October 25, 2012, and shall be emailed to Susan Asato,
Director of Purchasing & Material Management, at the following email address:
sasato@miracosta.edu.
2.6
Cost of Preparation of Proposals
The sole responsibility for compliance with the requirements of this RFP lies with each Proposer
submitting a response. Each Proposer is solely responsible for costs in preparing a response to
this RFP and other activities associated with this RFP.
2.7
Right to Negotiate and/or Reject Proposals
It shall be understood that this Request for Proposals does not commit or obligate the District to
accept any response submitted. The District reserves the right to accept or reject any or all of the
responses, waive any irregularities, and to negotiate with selected firms any price or provision, in
part or in its entirety, whenever, in the sole opinion of the District, such action shall serve its best
interests and those of the tax-paying public. The District further expressly reserves the right to
MCCCD RFP #4-13: District Construction-Related Legal Services
Page 5 of 23
postpone the proposal opening date for its own convenience. Proposers are encouraged to
submit their best prices in their proposals, and the District intends to negotiate only with the
Proposer(s) whose proposal(s) most closely meet(s) the District’s requirements at the lowest
estimated cost. The Contract, if any is awarded, will go to the Proposer whose proposal best
meets the District’s requirements and provides the greatest overall value to the District.
2.8
Confidential and Proprietary Information
All materials submitted relative to this RFP will be kept confidential until such time as an award is
made or the RFP is cancelled. At such time, all materials submitted must be made available to the
public. If any part of any proposal is proprietary or confidential, the Proposer must so identify and
so state as part of the proposal submission. The District reserves the right to retain all proposals
submitted.
2.9
Examination of Contract Documents
If the Proposer discovers any ambiguity, conflict, discrepancy, omission or other errors on the
RFP, the Proposer shall immediately notify the District of the error in writing and request
modification or clarification of the document. Clarifications shall be given by written notice to all
Proposers participating in the RFP, without divulging the source of the request for the same.
If the Proposer fails to notify the District of an error in the RFP before the date scheduled for
submission of proposals, or of an error which reasonably should have been known to the
Proposer, the Proposer shall submit the proposal at his/her own risk. If the contract is awarded to
the Proposer, he/she shall not be entitled to additional compensation or time by reason of the error
or its subsequent correction.
Proposals shall be bound by the terms and conditions of the proposal, nothwithstanding the fact
that errors are contained therein. However, if material errors are found in a proposal, the District
will notify the Proposer that the submitted proposal appears to contain errors and require the
Proposer to correct the errors.
2.10
Agreement
The form of agreement, which the successful Proposer will be required to execute, is included in
the contract documents and should be carefully examined by the Proposer. The complete
contract shall consist of the following documents: 1) the Agreement as shown in the sample
provided herein; 2) this Request for Proposal and the subsequent successful proposal as
accepted by the District, including all modifications thereof and duly incorporated therein; and 3)
the Purchase Order.
All of the above documents are intended to cooperate and be complementary so that any
instructions or requirements called for in one and not mentioned in the other, or vice versa, are to
be executed the same as if mentioned in all said documents. The intention of the documents is to
include all labor, materials, effort and expenditures necessary for the proper delivery and
execution of all services called for in any contract which may arise as a result of this RFP.
2.11
Licenses and Permits
The Proposer and all of the Proposer’s employees or agents shall secure and maintain in force
such licenses and permits as are required by law, in connection with the furnishing of materials,
articles, or services listed herein. All services, operations and materials shall be in accordance
with all applicable Federal, State, County and City laws, statutes and requirements.
2.12
Assignment of Contract
No assignment by the Proposer of any contract to be entered into hereunder or any part thereof, or
of funds to be received thereunder by the Proposer, will be recognized by the District unless such
assignment has had the prior written approval of the District, and the surety has been given due
notice of such assignment in writing and has consented thereto in writing. All terms, conditions
and provisions hereof shall inure to and shall bind the parties hereto their, and each of their
respective heirs, executors, administrators, successors and assignees.
MCCCD RFP #4-13: District Construction-Related Legal Services
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2.13
Independent Contractor Status
It is expressly understood that the Proposer named in any contract entered into by the District is
acting as an “independent contractor” and not as an agent or employee of the District.
2.14
Subcontractors
Proposer may subcontract with other qualified firms or individuals as required to complete all or a
portion to the work to be done. In the event this subcontracting option is exercised, the Proposer
shall be required to submit all information as requested by the District for each subcontractor in
identical form and content as that prescribed for the Proposer’s response. In addition, the reason
for using subcontractors shall be clearly described, including the role each will play in the project
and the relationship between the Proposer and his subcontractor(s), which will be maintained
during the term of the contract. All proposed subcontractors shall be approved by the District prior
to award of the subcontractor by the Proposer. No subcontract will be approved unless the
Proposer provides a written guarantee that his/her firm will be contractually obligated to assume all
project responsibilities. Said guarantee shall be incorporated into the written agreement with the
successful Proposer.
2.15
Indemnification
To the fullest extent permitted by law, and as a material part of this agreement, the Proposer shall
indemnify, hold harmless and defend, the District, its Board of Trustees, officers, agents,
employees and volunteers against any and all liability, claims, damages, losses and expenses,
including reasonable attorneys’ fees, arising out of all acts or omissions of the Proposer, or its
officers, agents, employees, volunteers, and subcontractors, excluding, however, such liability,
claims, losses, damages, or expenses arising from the District’s sole and active negligence or
willful acts.
2.16
Insurance
The Proposer and its officers, employees, agents, and subcontractors shall, at their expense,
maintain and comply with Insurance Requirements below to protect the Proposer and the District
from any and all claims for personal injury, bodily injury and property damage arising from, pertaining
to or relating to the scope of work under this agreement. Insurance Requirements shall include:
(a) Commercial General Liability: minimum limits of $1,000,000 per occurrence and $2,000,000
general aggregate annual limit for personal injury, bodily injury and property damage including
products and completed operations, under Insurance Services Office Occurrence Form CG 00 01.
(b) Automobile Liability: $1,000,000 per accident for bodily injury and property damage under
Business Automobile Liability Coverage Form Number CA 00 01, (any auto).
(c) Professional Liability: Professional Liability Insurance shall be maintained during the performance
of this agreement and for a period of five (5) years following Proposer’s completion of services under
this agreement. Said Professional Liability Insurance shall not have a retroactive date or, if a
retroactive date is included, such retroactive data shall be prior to the date that the Proposer first
performs services pursuant to this agreement,
(d) Primary Coverage: The insurance provided herein is primary coverage. Any insurance or selfinsurance maintained by the District shall be excess of Proposer’s insurance and shall not contribute
with it.
(e) Waiver of Subrogation: The Proposer agrees that in the event of loss due to any perils for which
it has agreed to provide Commercial General and Automobile Liability insurance, Proposer shall look
solely to its insurance carrier(s) for recovery and grants a waiver of any right to subrogation which
any such insurer of the Proposer may acquire against the District by virtue of payments of any loss
under this insurance.
MCCCD RFP #4-13: District Construction-Related Legal Services
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(f) Certificate of Insurance: The Proposer shall furnish the District with original certificates of
insurance and amendatory endorsements effecting coverage required by this Agreement and
indicating a thirty (30) day cancellation notice or notice of reduction in coverage.
(g) Additional Insured: Insurance shall name the District and its Board of Trustees, officers,
employees, agents and volunteers as Additional Insured under said policy.
(h) Workers’ Compensation Insurance: The Proposer and all of their officers, employees, agents,
volunteers, and subcontractors agree to:
(1) procure and maintain in full force and effect Workers’ Compensation and Employer’s Liability
insurance covering its employees and agents while these persons are participating in the scope
of work hereunder:
(2) The insurer for the Proposer shall agree to waive all rights of subrogation against the District,
its Board of Trustees, officials, employees, agents and volunteers for losses under the terms of
the insurance policy which arise from work performed by the Proposer. Said policy shall be
endorsed with the following specific language: “This policy shall not be cancelled or allowed to
lapse or materially changed without prior thirty (30) day written notification to the District”.
(i) Material Breach: If the Proposer, for any reason, fails to maintain insurance coverage which
is required pursuant to this contract, the same shall be deemed a material breach of contract. The
Proposer shall, upon notice of such breach from the District, have seven (7) working days to cure
such breach. If the Proposer fails to cure such breach, the District, at its sole option, may
terminate this contract and obtain damages from the Proposer resulting from said breach.
Alternatively, the District may purchase such required insurance coverage, and without further
notice to the Proposer, the District may deduct from sums due to the Proposer any premium costs
advanced by the District for such insurance. These remedies shall be in addition to any other
remedies available to the District.
2.17
Quality of Work
The Proposer shall be responsible for the performance of all work as specified herein and shall
guarantee that work will meet or exceed the specifications as set forth herein. If it is determined
by the District that such services and/or materials do not meet requirements of the District, the
Proposer shall be required to correct the same at their own expense.
2.18
Quality of Personnel Assigned to the Work
The Proposer shall not employ on this account any unfit person or anyone not skilled in the work
assigned to him/her and shall devote only its best qualified personnel to work under this contract.
Should the District deem anyone employed under any contract which may arise as a result of this
RFP to be incompetent or unfit for his/her duties and so inform the Proposer, the Proposer shall
immediately remove such person from this work and he/she shall not again, without prior written
permission of the District, be assigned to work under this contract.
2.19
Extra Work and Services
In the event that additional work is required in addition to that which would be sufficient under
ordinary circumstances, the Proposer shall at once notify the District in writing of the fact, together
with a written estimate of the additional work and services required and the estimated cost thereof.
In the event the District authorizes and approves the performance of such extra work and services,
it shall so notify the Proposer in writing. NO claims of the Proposer for extra work or services shall
be allowed or paid without such written consent and approval of the District first having been so
obtained before such extra work and services are entered upon or undertaken.
2.20
Work Schedule
The District shall schedule and coordinate the Proposer’s performance of the work and the work of
others, and the Proposer agrees to comply strictly with such scheduling and coordination. The final
version of the work schedule shall be finalized between the District and the Proposer.
MCCCD RFP #4-13: District Construction-Related Legal Services
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2.21
Fees
The District agrees to pay and the Proposer agrees to accept for performance of all services
rendered herein, exclusive of extra work and services, a fee as specified in the cost proposal
included herein. The prices specified in the cost proposal shall be firm for the duration of the
contract and shall include all of the Proposer’s costs, taxes, duties, license fees, expenses,
overhead, required bonds, and profit.
It is understood and agreed that said fee is a maximum fee and is subject to corresponding
reduction in the event that the actual cost of performing the services proves to be less than is now
estimated at the time of entering into the contract.
2.22
Payment
Payment terms shall be "Net 30" from the date of acceptance of work or services, or the date of
receipt of the invoice, whichever is later. All invoices shall be sent to District’s address and marked
Attention: Accounts Payable, Mail Station 6.
2.23
Termination
The District hereby reserves the right to terminate this contract, with or without cause, at any time.
In the event of such termination, the Proposer shall be paid the reasonable value of all services
rendered up to the date of such termination as may be determined by the District, and the Proposer
hereby expressly waives any and all claims for damages or compensation arising under this
contract, except as set forth herein, in the event of such termination. Notwithstanding any of the
foregoing provisions, if, for any reason, the Board of Trustees fails to appropriate or allocate funds
for further payment under any contract derived as a result of this RFP, the District will not be
obligated to pay remaining unpaid balances beyond those funds for services already received.
2.24
Default
The District shall hold the Proposer responsible for any damage which may be sustained because
of the failure or neglect of the Proposer to comply with any term or condition listed herein, it being
specifically provided and agreed that time shall be of the essence of the delivery requirement of
any contract which may arise as a result of this RFP. If the Proposer fails or neglects to furnish or
deliver any of the services, materials, or supplies listed herein at the prices named and at the time
and place herein stated, or otherwise fails or neglects to comply with the terms of any contract
which may arise as a result of this RFP, the District may, upon written notice to the Proposer,
cancel the contract in its entirety or cancel or rescind any or all items affected by such default, and
may, whether or not the contract is cancelled in whole or in part, purchase the services, materials,
or supplies elsewhere without notice to the Proposer. The prices paid by the District at the time
such purchases are made shall be considered the prevailing market prices. Any extra cost incurred
by the Proposer’s default may be collected by the District from the Proposer and/or from the surety
on the performance bond, if any.
2.25
Force Majeure
The parties to any contract which may arise as a result of this RFP shall be excused from
performance thereunder during the time and to the extent that they are prevented from obtaining,
delivering or performing by act of God, fire, strike, loss or shortage of transportation facilities,
lockout, or commandeering of materials, products, plant, or facilities by the government, when
satisfactory evidence there of is presented to the other party, provided that it is also established
that the non-performance is not due in part to the fault or neglect of the party not performing.
2.26
Instructions to Proceed
The Proposer shall not to proceed with performance of any services under this contract without first
securing written authorization from the District to do so.
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2.27
Interviews
Responses to this RFP may be so similar in quality that oral interviews may need to be conducted
to assist in making the final selection. The decision to hold interviews and the scope or any
limitations thereof shall be at the sole discretion of the District. In the event that an interview is
prescribed, the District requires that the designated representatives identified in the proposals as
being the attorneys who will be assigned to the District, be present and prepared to respond to
District inquiries.
2.28
Workers’ Compensation
In accordance with the provisions of Section 3700 of the Labor Code, the Proposer shall secure
the payment on compensation to his employees. The Proposer shall sign and file with the District
the following certificate prior to performing the work under any contract which may arise as a result
of this RFP: "I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for workers’ compensation or to undertake self-insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract". The form of such certificate is included
as a part of this RFP document. Each Proposer shall sign the certificate and submit it with his/her
sealed proposal.
3. INTRODUCTION AND BACKGROUND
3.1
Introduction
The District is seeking a “go-to” general counsel firm that has extensive and verifiable experience
with contracts related to building educational facilities in California. Specific experience with
California community colleges will be an asset.
3.2
General Information and Background about MiraCosta Community College District
In order to receive the most current and comprehensive information about the District, we refer you
to our comprehensive website: www.miracosta.edu
3.3
Legally Specific District Information and Background
The District is a member of the San Diego County Board of Education Risk Management JPA, and
that JPA provides liability attorneys for the District.
For information about the capital construction program, go to the Executive Summary of the
District’s Comprehensive Master Plan at www.miracosta.ed/ourplan. For information about
Proposition EE, go to www.yesonEE.com. We strongly encourage all Proposers to research the
sites and familiarize themselves with the information provided there.
3.4
Proposal Content
A complete proposal shall include all of the following documents (in listed order):
A.
B.
C.
D.
E.
F.
Completed and Signed Proposal Form.
Completed Responses to Evaluation Questions.
Completed References Form.
Description of services to be provided.
Completed Cost Proposal Form.
Completed Certification Regarding Workers' Compensation Form.
In order to be considered an acceptable proposal, all of the above documents must be
included in the submittal, in the format as specified herein.
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3.5
Evaluation Criteria and Method of Award
All proposals received in response to this RFP will receive a fair and impartial evaluation by the
District. Determination of a responsive proposal will be based upon the formal written proposal
submitted by each Proposer. This initial evaluation will determine if each proposal is sufficiently
responsive to this RFP to permit a complete evaluation. Proposals will be evaluated to determine
their compliance with the qualifications and the completeness of the Proposer’s response to the
mandatory requirements of this RFP. Award will be made to the vendor offering a proposal
deemed to be the most advantageous and offering the best value to the District. The District shall
be the sole judge in making such determination, and its decision shall be final. All respondents will
be notified in writing of the District’s selection.
Each proposal will be evaluated to determine its responsiveness to the mandatory and desirable
requirements specified in this RFP. Only proposals deemed responsive to the requirements will
be considered for this phase of the evaluation. A proposal that is not responsive to the criteria
may be rejected, and if rejected, it shall not be considered for further evaluation by the District. In
conducting this evaluation, the District may obtain and use information in addition to that contained
in the proposals, from any source desired. Customers on each Proposer’s reference list may be
contacted, as may other customers selected by the District.
If errors or inconsistencies are discovered, they will be evaluated accordingly. If a proposal fails to
meet a mandatory requirement of this RFP, the District will determine if the deviation is material. A
material deviation may cause rejection of the proposal. A proposal rejected at this phase of the
evaluation process shall not be given further consideration. Proposers’ responses to the
requirements in this RFP will be evaluated by a committee of District representatives. Responses
to items will be evaluated relative to each other, as well as on how well they meet the needs of the
District.
Cost evaluation will include, but not be limited to, analysis of the prices bid for all services. Only
proposals that are deemed responsive to this RFP, where the proposal is in full compliance with
the mandatory requirements and qualifications specified throughout the RFP, will be considered
for cost scoring.
Proposal responses will be weighed by the District’s evaluation committee using the
criteria described below:
A.
Conformance to rules governing competition as set forth in this RFP;
B.
Responsiveness to the requirements of this RFP;
C.
Cost analysis of the proposed services to be performed;
D.
Value analysis of the proposed services to be performed;
E.
Customer references (current and past);
F.
Interviews with Proposer finalists and staff designated to the District, if required.
The ability, capacity and skill of the Proposer to perform the contract or provide the services
required will be determined using the following criteria:
A.
Ability of the Proposer to provide timely and successful information and services, without
delay or interference.
B.
The reputation, judgment, experience, and efficiency of the Proposer.
C.
The quality of performance of current and previous contracts or services, including quality
and appropriateness of staff, adherence to budget and schedule, and overall satisfaction
with the proposer.
D.
The sufficiency of resources and ability of the Proposer to provide the service, including
the appropriateness and adequacy of proposed procedures, and the qualifications of staff.
E.
The number and scope of conditions attached to the proposal.
F.
The cost of the project.
MCCCD RFP #4-13: District Construction-Related Legal Services
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4.
GENERAL SCOPE OF WORK
4.1 Construction:
A specialized construction law firm must be able to demonstrate that it has a track record of
preparing documents and legal advice that will limit the District’s exposure to litigation and change
orders, and then minimizing the impact of change orders and effectively handing any potential
post-construction litigation. The firm must have verifiable successful experience in preparing and
successfully defending all documents and legal advice related to education facilities planning,
construction and renovation in California. At a minimum, a construction counsel should have
some level of knowledge and experience in the following areas (some areas would require only
general knowledge; specialized services could be contracted out):
●
Education Code, Public Contract Code, Government Code, Field Act, Title 5, and Title
9, as related to public works and construction
●
Public works and construction, including liability and claims
Construction claims and litigations
Bid and contractor compliance
Environmental compliance and CEQA
●
Facilities Planning within California Community Colleges, including the Facilities
Planning Manual
●
Labor compliance and reporting obligations
●
Experience with the Department of the State Architect
●
Real estate acquisitions/disposals and leases
Eminent domain and easements
●
Public and private financing of facilities, including reporting obligations, audits, etc.
●
ADA and barrier removal compliance
●
Various construction and construction management delivery methods, such as: CM,
CM at Risk, CM Agency, Design-Build, Design-Bid-Build, Integrated Project Delivery,
etc.
4.2 Other:
Other services requested may include, but are not necessarily limited to, the following:
●
Advise the District’s Governing Board, Superintendent/President and designated Administrators on
various legal and construction issues.
●
Inform the Vice President of Business and Administrative Services and/or designee of changes in
the laws that would affect existing District Board Policy and/or require new District Board Policy.
●
Conduct workshops and seminars in areas of general concern.
●
Legal advice and representation of the District in litigation on any or all matters as directed by the
District’s Superintendent/President, Vice President of Business and Administrative Services or the
Board of Trustees. The legal services may include, but are not limited to, the topics referenced
above.
MCCCD RFP #4-13: District Construction-Related Legal Services
Page 12 of 23
PROPOSAL FORM
TO: MIRACOSTA COMMUNITY COLLEGE DISTRICT, acting by and through its Governing
Board, herein called the "District":
1. Pursuant to and in compliance with your Notice of Request for Proposals and the other
documents relating thereto, the undersigned Proposer, having familiarized him/her self with the terms
of the Request for Proposals, the Agreement, the Specifications and other Contract Documents,
hereby proposes and agrees to perform, within the time stipulated, the Contract, including all of its
component parts, and everything required to be performed, all in strict conformity with the plans and
specifications and other Contract Documents, including Addenda Nos.
, and
, on file at
the Office of Purchasing and Material Management of said Board for the sums set opposite the
articles listed herein:
2. It is understood that the District reserves the right to reject this Proposal in whole or in part; to
waive informalities in the proposals or in the bidding, and that this proposal shall remain open and not
be withdrawn for a period of sixty (60) days from the date prescribed for the opening of this Proposal.
3. It is understood that the successful proposer will be required to deliver all items as so
stipulated in the terms and conditions of their proposal document and within the delivery time stated.
4. It is understood and agreed that if written notice of the acceptance of this proposal is mailed,
telegraphed or delivered to the undersigned, within sixty (60) days after the opening of the proposal,
or at any time thereafter before this proposal is withdrawn; the undersigned agrees that he/she will
execute and deliver to the District a contract in the form attached hereto in accordance with the
proposal as accepted, all within five (5) days after receipt of notification of award, and that
performance of the contract shall be commenced immediately by the undersigned proposer, upon
due execution and delivery to the District of the contract; and shall be completed by the Contractor in
the time specified in the Agreement of said Contract Documents.
5. Notice of acceptance or requests for additional information should be addressed to the
undersigned at the address stated below.
Proper Name of Proposer: _________________________________
By: ___________________________________________________
Signature of Authorized Agent or Officer
Printed Name of Authorized Agent: __________________________
Address: _______________________________________________
_______________________________________________
Phone: _____________ Email: _____________________
Federal Tax ID Number: ___________________________
Date: _________________________________
MCCCD RFP #4-13: District Construction-Related Legal Services
Page 13 of 23
PROPOSAL RESPONSES
Please provide the following information as requested herein, using the format provided:
A.
B.
NATURE AND CAPACITY OF THE PROPOSING FIRM OR INDIVIDUAL
1.
State the legal status of your firm, e.g. general partnership, LLP, LLC, sole proprietor, etc.
2.
Length of time your firm has been in existence?
3.
Location of your firm’s main office and, if applicable, all Southern California and San
Diego offices.
4.
Name, title, address, phone number and email address of all person(s) authorized to
make representations for the firm:
5.
Size of the firm, including the total number of attorneys state-wide and the size of any
San Diego County office(s):
6.
List by name the partners and/or attorneys and the paralegals in your firm that will be
assigned to District matters. Include professional memberships, certifications, and
licenses for key individuals assigned to the District.
RESOURCES THE FIRM WOULD BE WILLING TO COMMIT TO THE DISTRICT
1. Number of attorneys with specific experience in construction-related law on behalf of
community college districts, broken down by partner and associate.
C.
2.
Describe the level of attorney (e.g. senior or junior partner, senior associate, etc.) to be
used on various aspects of District legal matters.
3.
Describe how you determine to staff a case for your public entity clients:
CLIENT EXPERIENCE
1. Provide a summary of your firm’s construction experience broken down by type of entity
(e.g. community college, K-12, public sector entities, private sector clients):
2. Provide a summary of your firm’s educational construction and public works experience.
Also, please summarize the experience of the staff to be assigned to the District in this
area:
3. For each attorney, please state the number of jury and/or bench trials, mediations, and
arbitrations (binding and non-binding) that s/he has had for public works construction
matters in the last ten years:
MCCCD RFP #4-13: District Construction-Related Legal Services
Page 14 of 23
4. How many total public works/construction cases has your firm handled in the past ten
years?
5. How long has your firm been providing construction and public works-related legal services
to public agency clients?
6.
Does your firm provide training to public agency employees in the areas of labor, general
business and construction law? If so, describe the type of training your firm has provided to
other public agencies. Do you charge your public agency clients for training services, and if
so, how much?
7. Does your firm provide budgets for legal fees and costs for each matter you handle for
public agency clients? If so, describe the type of budget information the report contains.
Do you charge your public agency clients for preparing budget reports, and if so, how
much?
8. What experience do you have working with a Public Information Office and the press to get
ahead of issues that may be publicized? How can you help the District manage public
perception of legal issues?
9. Describe and provide evidence regarding your firm’s malpractice insurance coverage,
including amounts of coverage.
10. Is there now pending any legal action alleging malpractice or violations of law in connection
with any partner of the firm or any attorney employed by the firm, or in connection with any
matter for the type of services your firm would like to provide for the District? Have there
been any settlements or judgments involving such actions within the last five years?
Please describe each such settlement or judgment, including the nature of the action and
the amount of recovery.
11.
Are there pending legal or disciplinary matters involving such actions against the firm by
any state or federal regulatory agency? Also, include information about any material
pending legal action or settlement or judgment involving a claim of fraud, whether civil or
criminal.
12.
Describe any existing or potential conflict of interest arising from your relationships with,
or representations of, other parties that should be considered as a factor in determining
your objectivity. Please provide sufficient facts, legal implications and possible effects in
order for the District to appreciate the significance of each potential conflict.
MCCCD RFP #4-13: District Construction-Related Legal Services
Page 15 of 23
PERSONNEL EXPERIENCE
NAME
Title
Office Location
Role
How Long in Current Position?
How Long in Relevant Practice?
How Long Licensed in California?
Number of Community College
Transactions
Individual
Has
Participated?
Other Relevant Experience
Billing Rate
NAME
Title
Office Location
Role
How Long in Current Position?
How Long in Relevant Practice?
How Long Licensed in California?
Number of Community College
Transactions
Individual
Has
Participated?
Other Relevant Experience
Billing Rate
NAME
Title
Office Location
Role
How Long in Current Position?
How Long in Relevant Practice?
How Long Licensed in California?
Number of Community College
Transactions
Individual
Has
Participated?
Other Relevant Experience
Billing Rate
MCCCD RFP #4-13: District Construction-Related Legal Services
Page 16 of 23
FEE AND RATE PROPOSAL
Provide the following information regarding the various fees and hourly rates to be charged to the
District. Hourly rates shall be charged in quarter-hour intervals or greater.
2012-2013
2013-2014
2014-2015
Hourly Rate for Partner:
$ _______
$ _______
$ _______
Hourly Rate for Attorney:
$ _______
$ _______
$ _______
Hourly Rate for Associate:
$ _______
$ _______
$ _______
Hourly Rate for Paralegal:
$ _______
$ _______
$ _______
Hourly Rate for Telephone
Consultation:
$ _______
$ _______
$ _______
Hourly Rate for Mediation
or Arbitration:
$ _______
$ _______
$ _______
Hourly Rate for Court Litigation:
$ _______
$ _______
$ _______
Hourly Rate for Administrative
Proceedings:
$ _______
$ _______
$ _______
Hourly Rate for Travel
(portal-to-portal):
$ _______
$ _______
$ _______
Hourly Rate for Attendance at
Board Meetings & Closed Sessions
$ _______
$ _______
$ _______
Cost for fax transmission/receiving:
$ _______
$ _______
$ _______
Cost for printing/duplication:
$ _______
$ _______
$ _______
List any other types of services generating a cost to the District which are not included in the fees shown
above, plus a formula or explanation as to how these additional costs will be determined and billed to the
District.
Fees for the first year are to be firm. Pricing should be submitted for years 1 through 3 of the proposed
contract period. However, note that rate change requests for subsequent years will be subject to
negotiation at the time of renewal, will require written approval by the District, and may also result in nonrenewal of the contract.
MCCCD RFP #4-13: District Construction-Related Legal Services
Page 17 of 23
SAMPLE OF AGREEMENT FOR DISTRICT LEGAL SERVICES
This contract made and entered into this
day of
, 2012 by and
between MiraCosta Community College District of San Diego County, California, hereinafter
called the “District” and
, hereinafter called “(name of
legal firm)”.
WITNESSETH: That the parties hereto have mutually covenanted and agreed, and by those
present do covenant and agree with each other, as follows:
Article 1. CONTRACT DOCUMENTS: The complete contract consists of the following
documents: The Request for Proposals as included herein, the accepted proposal, the
specifications of this Agreement, including all modifications thereof duly incorporated therein,
and the Purchase Order, as applicable. Any and all obligations of the District and (name of
legal firm) are fully set forth and described therein or are reasonably inferable there from. All of
the above documents are intended to cooperate and be complementary so that any work called
for in one and not mentioned in the others or vice versa, is to be executed the same as if
mentioned in said documents. The documents comprising the complete contract are sometimes
hereinafter referred to as the Contract Document, or the Contract.
Article 2. EMPLOYMENT OF FIRM TO PROVIDE LEGAL SERVICES: The District, pursuant
to section 53060 of the Government Code, hereby employs (name of legal firm) to perform the
necessary professional services, including but not limited to those hereinafter set forth in
connection with the provision of construction-related legal services to the District.
Article 3. SCOPE OF WORK: The scope of work and the provisions for its performance shall
be in accordance with the terms and conditions as specified in Request for Proposals # 4-13,
included herein as part of this Agreement.
Article 4. CONTRACT PERIOD: This Agreement shall be in effect for a period of three years,
commencing November 21, 2012 and ending October 31, 2015. Subsequent contract
extensions may be made in one-year increments upon mutual written agreement between the
District and (name of legal firm).
Article 5. QUALITY OF WORK: (Name of legal firm) shall be responsible for the performance
of all work as specified in this Contract, and shall guarantee that work meets or exceeds the
specifications as set forth herein.
Article 6. Proposer’s Employees: (Name of legal firm) shall not employ on this account any
unfit person or anyone not skilled in the work assigned to him/her and shall devote only its best
qualified personnel to work under this Agreement. Should the District deem anyone employed
on this account to be incompetent or unfit for his/her duties, and so inform (name of legal firm),
(name of legal firm)shall immediately remove such person from this work and he/she shall not
again, without prior written permission of the District, be assigned to work under this Agreement.
Article 7. EXTRA WORK AND SERVICES: In the event that circumstances indicate that more
detailed work is required in addition to that which would be sufficient under ordinary
circumstances, (name of legal firm) shall at once notify the District in writing of the fact, together
with a written estimate of the additional work and services required and the estimated cost
thereof. In the event the District authorizes and approves the performance of such extra work
and services, it shall so notify (name of legal firm) in writing. NO claims of (name of legal firm)
for extra work or services shall be allowed or paid without such written consent and approval of
the District first having been so obtained before such extra work and services are entered upon
or undertaken.
MCCCD RFP #4-13: District Construction-Related Legal Services
Page 18 of 23
Article 8. SCHEDULE: The District shall schedule and coordinate the performance of the work
and (name of legal firm) agrees to comply strictly with such scheduling and coordination.
Article 9. FEES: The District agrees to pay and (name of legal firm) agrees to accept for
performance of all services rendered herein, exclusive of extra work and services, fees as
specified in accordance with the rates as proposed in Request for Proposals #4-13.
Article 10. PAYMENT: Payment terms shall be "Net 30" from the date of acceptance of work
or services, or the date of receipt of the invoice, whichever is later. All invoices shall be sent to
District’s address and marked Attention: Accounts Payable, Mail Station 6. Progress invoices
may be submitted for payment, subject to approval of the Vice President of Business and
Administrative Services.
Article 11. TERMINATION: The District hereby reserves the right to terminate this contract,
with or without cause, at any time. In the event of such termination, (name of legal firm) shall be
paid the reasonable value of all services rendered up to the date of such termination as may be
determined by the District, and (name of legal firm) hereby expressly waives any and all claims
for damages or compensation arising under this Agreement, except as set forth herein, in the
event of such termination. Notwithstanding any of the foregoing provisions, if, for any reason,
the Board of Trustees fails to appropriate or allocate funds for further payment under this
Contract, the District will not be obligated to pay remaining unpaid balances beyond those funds
for items already received.
Article 12. DEFAULT BY (name of legal firm): The District shall hold (name of legal firm)
responsible for any damage which may be sustained because of the failure or neglect of (name
of legal firm) to comply with any term or condition listed herein, it being specifically provided and
agreed that time shall be of the essence in this Agreement. If (name of legal firm) fails or
neglects to furnish or deliver any of the services listed herein at the prices named and at the time
and place herein stated, or otherwise fails or neglects to comply with the terms of the
Agreement, the District may, upon written notice to (name of legal firm), cancel the Agreement in
its entirety or cancel or rescind any or all items affected by such default.
Article 13. WAIVER OF LIABILITY: In accordance with the terms and conditions as specified
in Request for Proposals #4-13, (name of legal firm) shall hold harmless and indemnify the
District and its trustees, officers, and employees from every claim or demand which may be
made by reason of the work called for in this Agreement. (Name of legal firm) at its own expense
and risk, shall defend any legal proceedings that may be brought against the District, or its
Governing Board, its officers or employees, on any such claim or demand, and satisfy any
judgment that may be rendered against any of them.
Article 14. INSURANCE, PERMIT AND LICENSE REQUIREMENTS: Professional Liability
Insurance shall be maintained during the performance of this Agreement and for a period of at
least five (5) years following (name of legal firm)’s completion of its services under this
agreement. Said Professional Liability Insurance shall not have a retroactive date or, if a
retroactive date is included, such retroactive date shall be prior to the date that (name of legal
firm) first performs services pursuant to this agreement.
In accordance with the terms and conditions as specified in Request for Proposals #4-13, (name
of legal firm) shall obtain, in such form and with such carriers acceptable to the District, and keep
in force at its sole expense during the term of this Agreement and any extensions thereof,
insurance adequate to protect (name of legal firm) from claims under Workers' Compensation
Acts, and from claims for damages for personal injury (including death), and damage to property
which may arise as a consequence of this Agreement. The failure to furnish such evidence may
be considered default by (name of legal firm). (Name of legal firm) and all of its employees or
agents shall secure and maintain in force such licenses and permits as are required by law, in
connection with the furnishing of goods or services covered under this Contract. All operations
and materials shall be in accordance with the law.
MCCCD RFP #4-13: District Construction-Related Legal Services
Page 19 of 23
Article 15. INDEPENDENT CONTRACTOR: (Name of legal firm) is not an officer, employee,
or agent of the District. While engaged in carrying out and complying with the terms and
conditions of this contract, (name of legal firm) is an independent contractor, and is not an
officer, employee or agent of the District.
Article 16. INSTRUCTIONS TO PROCEED: (Name of legal firm) is not to proceed with
performance of any services under this contract without first securing written authorization from
the District to do so.
Article 17. ACKNOWLEDGEMENT AND ACCEPTANCE: IN WITNESS WHEREOF the
District, by order of its Governing Board, has caused this instrument to be duly subscribed, and
(name of legal firm) has caused this instrument to be duly subscribed and executed, all on the
date first hereinbefore set forth.
MIRACOSTA COMMUNITY COLLEGE
San Diego County, California
____________________________
(Name of Legal Firm)
By ______________________________
By _________________________
(Signature of Authorized Agent)
Susan C. Asato, C.P.M.
.
_____________________________
(Printed Name of Authorized Agent)
Director, Purchasing & Material Mgt
_____________________________
(Title of Authorized Agent)
Date ___________________________
Date ________________________
Approved by the Governing Board on:
______________________________
MCCCD RFP #4-13: District Construction-Related Legal Services
Page 20 of 23
REFERENCES
Each Proposer must be able to present both current and past evidence of satisfactory
experience in providing legal services. The District is particularly interested in evaluation
references of 2-year public community colleges similar to size and function to MiraCosta
College. List additional references for educational or governmental entities that can be
contacted for an assessment of current or past client satisfaction.
CURRENT REFERENCES
Name of Entity: ________________________________________________________________
Contact Person: ________________________________________________________________
Address: ______________________________________________________________________
City: ____________________________________ State: ________________ Zip: ___________
Phone No.: __________________ Fax No.: __________________ Email: _________________
Number of Years Using Your Firm’s Services: ________________________________________
Type of Legal Services Provided: __________________________________________________
Number of administrative hearings or cases conducted and the outcomes of those hearings/cases:
_______________________________________________________________________________
Name of Entity: ________________________________________________________________
Contact Person: ________________________________________________________________
Address: ______________________________________________________________________
City: ____________________________________ State: ________________ Zip: ___________
Phone No.: __________________ Fax No.: __________________ Email: _________________
Number of Years Using Your Firm’s Services: ________________________________________
Type of Legal Services Provided: __________________________________________________
Number of administrative hearings or cases conducted and the outcomes of those hearings/cases:
_______________________________________________________________________________
Name of Entity: ________________________________________________________________
Contact Person: ________________________________________________________________
Address: ______________________________________________________________________
City: ____________________________________ State: ________________ Zip: ___________
Phone No.: __________________ Fax No.: __________________ Email: _________________
Number of Years Using Your Firm’s Services: ________________________________________
Type of Legal Services Provided: __________________________________________________
Number of administrative hearings or cases conducted and the outcomes of those hearings/cases:
_______________________________________________________________________________
MCCCD RFP #4-13: District Construction-Related Legal Services
Page 21 of 23
PAST REFERENCES
Name of Entity: ________________________________________________________________
Contact Person: ________________________________________________________________
Address: ______________________________________________________________________
City: ____________________________________ State: ________________ Zip: ___________
Phone No.: __________________ Fax No.: __________________ Email: _________________
Number of Years Using Your Firm’s Services: ________________________________________
Type of Legal Services Provided: __________________________________________________
Number of administrative hearings or cases conducted and the outcomes of those hearings/cases:
_____________________________________________________________________________
Name of Entity: ________________________________________________________________
Contact Person: ________________________________________________________________
Address: ______________________________________________________________________
City: ____________________________________ State: ________________ Zip: ___________
Phone No.: __________________ Fax No.: __________________ Email: _________________
Number of Years Using Your Firm’s Services: ________________________________________
Type of Legal Services Provided: __________________________________________________
Number of administrative hearings or cases conducted and the outcomes of those hearings/cases:
_______________________________________________________________________________
Name of Entity: ________________________________________________________________
Contact Person: ________________________________________________________________
Address: ______________________________________________________________________
City: ____________________________________ State: ________________ Zip: ___________
Phone No.: __________________ Fax No.: __________________ Email: _________________
Number of Years Using Your Firm’s Services: ________________________________________
Type of Legal Services Provided: __________________________________________________
Number of administrative hearings or cases conducted and the outcomes of those hearings/cases:
_______________________________________________________________________________
MCCCD RFP #4-13: District Construction-Related Legal Services
Page 22 of 23
CONTRACTOR'S CERTIFICATION REGARDING WORKERS' COMPENSATION
Labor Code section 3700 in relevant part provides:
Every employer except the State shall secure the payment of compensation in one or more of
the following ways:
(a)
By being insured against liability to pay compensation in one or more insurers duly
authorized to write compensation insurance in this State.
(b)
By securing from the Director of Industrial Relations a certificate of consent to selfinsure, which may be given upon furnishing proof satisfactory to the Director of Industrial
Relations of ability to self-insure and to pay any compensation that may become due to
his employees.
I am aware of the provisions of section 3700 of the Labor Code which require every employer to be
insured against liability for workers' compensation or to undertake self-insurance in accordance with
the provisions of the code, and I will comply with such provisions before commencing the
performance of the work of this contract.
Proper Name of Bidder
By: ________________________________________
(Signature of Authorized Agent/Officer)
Date: _________________
(In accordance with article 5 (commencing at section 1860), chapter 1, part 7, division 2 of the Labor
Code, the above certificate must be signed and filed with the awarding body prior to performing any
work under this contract.