REQUEST FOR PROPOSALS
TEHACHAPI CUMMINGS WATER CONSERVATION DISTRICT
Ultra High Efficiency Toilet Direct Install Program
Table of Contents
I.
INTRODUCTION
II.
SCOPE OF SERVICES
III.
QUALIFICATIONS
IV.
PROPOSAL
V.
EVALUATION AND SELECTION
VI.
AWARD OF AN AGREEMENT
Appendix 1 - Professional Services Agreement
I.
INTRODUCTION
1.
Summary
The Tehachapi-Cummings County Water District (TCCWD) is located in the Tehachapi
Mountains, east of the southern San Joaquin Valley and encompasses approximately
266,000 acres. The TCCWD provides imported water supplies from the State Water
Project (SWP), water management resources, and flood protection; and serves as
Watermaster for three groundwater basins. TCCWD works closely with the following
agencies on water, wastewater, and g'r()iJndwate'r management issues:
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• City of Tehachapi
• Bear Valley Community Services District (CSD)
• Golden Hills CSD
• Stallion Springs CSD
Per agreement with these agencies, TCCWD is tasked with implementing a Water
Conservation' Program. TCCWD has received funding and entered into a Grant
Agreement with the State Department of Water Resources (DWR) through a subgrant
agreement with the Kern Water Bank Authority as part of the Proposition 84 Round 2
grant program. The grant has been developed in partnership with the Kern Integrated
Regional Water Management (IRWM) group and is managed by the Kern Water Bank
Authority. The grant includes several projects; this RFP is related to the Tehachapi
Regional Water Use Efficiency Project, and specifically to the Low-Income Direct Install
Toilet Replacement and Audit Program.
The City of Tehachapi is classified as a Disadvantaged Community (DAC). Low income
customers tend not to participate in traditional agency rebate programs due to both the
initial capital outlay and the expense/difficulty in hiring a plumber to do the installation.
This Direct Install program is targeted specifically for City of Tehachapi residential and
multi-family water customers. TCCWD is actively pursuing contacts with apartment
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managers/owners, property management companies, schools, and other opportunities
where toilets '~an,·;be installed more efficiently than in single family residences.
Additionally, 1~CWD is concurrently managing a rebate program for other non-City
residential and commercial water users, as well as City customers who would prefer to
participate in the rebate program rather than the direct install program.
TCCWD seeks··toretain the services of a qualified Proposer to assist us with the
planning, procurement, direct installation and program coordination of 1,000 Ultra High
Efficiency Toilets (UHET) for low income and other City of Tehachapi water customers.
The Proposer shall also provide other related support services during the term of the
Professional Services Agreement (Agreement). Such services include outreach, data
management, and leak detection. The term "Proposer" shall refer to any legal
entity(ies) sUb~jtt~nga proposal in response to this Request for Proposals (RFP).
Proposers responding to this RFP must be State of California licensed plumbing
contractors and have proven expertise. and sufficient experience in materials
acquisition, distribution and installation and understanding suited to a customer­
oriented water'c6nservation project, specifically a direct install toilet program. The
selected Proposer will be required to pay prevailing wages for the appropriate job
classification in ;accordance with federal, state and local laws, pursuant to the TCCWD
Labor Compliam:e Plan. The Labor Compliance Plan is currently under development
and will be availabie prior to the deadline to submit proposals. Additionally, ,the
Proposer will be-required to provide timely invoices that allow TCCWD to meet quarterly
grant reporting requirements.
TCCWD anticipates. awarding to the selected" Proposer an Agreement for a total
amount based oflthe Proposer's proposed cost. Notwithstanding the forgoing, TCCWD
is open to earlier timelines regarding completion of the project, however, no proposed
completion timefine shall exceed the completion date. TCCWD reserves the right to
commence, close, reduce or extend Proposer services at any time in response to
changing needs."
2.
Tentative Schedule
TCCWD has established the following target dates for issuance, receipt and evaluation
of proposals in raddftion to award of an Agreement in response to this RFP. The
following dates are tentative, non-binding, and are subject to change without prior
notice:
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Board of Directors Approval of RFP
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7/16/2014
Advertisement ot,RFP
7/18/2014
Pre-Submittal Conference
8/15/2014
Deadline for Proposers to Submit Questions
8/22/2014
Deadline for Proposers to Submit Proposals
8/29/2014
Short-Listing anctNotification for Ora/Interviews
9/3/2014
Oral Interviews ~ ....._.................................................................................... 9/8-9/2014
Posting of Proposer Ranking
9/12/2014
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Board of Directors Authorization to Execute Agreement
Deadline for Proposer to Achieve Compliance and Execute Agreement..
Notice of Award of Agreement
9/17/2014
9/24/2014
9/26/2014
3.
Conflict of Interest
.
The successful Proposer will be required to agree to comply fully with and be bound by
the applicable provisions of state and local laws related to conflicts of interest, including
Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of
California. The successful Proposer will be required to acknowledge that it is familiar
with these laws; certify that it does not know of any facts that constitute a violation of
said provisions; and agree to immediately notify TCCWD if it becomes aware of any
such fact during the term of the Agreement.
Individuals who will perform work for TCCWD on behalf of the successful Proposer
might be deemed consultants under state and local conflict of interest laws. If so, such
individuals will be required to submit a Statement of Economic Interests, California Fair
Political Practices Commission Form 700, to TCCWD within ten calendar days of
TCCWD notifying the successful Proposer that TCCWD has selected the Proposer.
It is the obligation of the Proposer as well as their subcontractors to determine whether
or not participation in this Agreement constitutes a conflict of interest. TCCWD strongly
advises any proposing/bidding firm to consult with their legal counsel to determine
whether or not a conflict of interest exists. It is the responsibility of the
proposing/bidding firm to make that determination.
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II.
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SCOPE OF SERVICES
1.
Introduction
The Project will replace 1,000 older model (3.5 gallons per flush (gpf) or more) toilets
with ultra high efficiency toilet (UHET) models in residential and multi-family homes in
the City of Tehachapi. The selected Proposer will purchase and install the Niagara
Stealth and large footprint high efficiency toilets (HET), low flow showerheads, and
aerators. The Proposer will also dispose of old fixtures and other waste as appropriate,
recycling to the greatest extent possible.
2.
Schedule
Project installations must be completed by 7/30/2015. Proposers shall predicate their
proposal on these schedule constraints.
3.
Cost Schedule
The cost schedule for all tasks shall include purchase of 1,000 UHETs and HETs, other
installation supplies, showerheads, faucet aerators, installation cost, administration
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cost, payment of prevailing wages and follow up.
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4.
General Description of Services
This RFP solicits the services of a Proposer to:
• Purchase, and install 1,000 toilets, approximately 90% Niagara Stealth 0.8 gpf
• Purchase low flow showerheads and faucet aerators and install at the resident's
discretion
• Check for leaks and provide the resident with information on needed repairs
• Schedule installation appointments
• Provide outreach as opportunities warrant (e.g. hand out brochure applications to
curious neighbors)
• Provide a positive customer service experience to the City of Tehachapi water
customer
• Remove old toilets and other fixtures, and dispose of all waste appropriately,
recycling to the extent possible (e.g. cardboard)
• Provide a gO-day warranty and follow-up services
• Provide detailed invoices on schedule to facilitate TCCWO grant reporting
requirements
The work to be performed and responsibilities to be assumed by TCCWO are as
follows:
• Develop and maintain a list of residential and multi-family properties with pre­
1992 construction and associated ownership and billing data
• Develop and distribute outreach materials, receive applications, and provide
contact information to the Proposer
• Approve HET model, showerheads, and aerators
8 , Audit a minimum of '10% of installations
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• Facilitate communication between Proposer, City staff, water customers, and
grant manager
• Manage quarterly grant submittals and additional Project administration and
management as required
5.
Detailed Description of Tasks
1. Fixture Purchase
The Proposer will coordinate the purchase of 1,000 toilets, approximately 90% Niagara
Stealth 0.8 gpf UHETs. The Proposer will purchase additional equipment to complete
installations such as toilet seats, water supply lines, and wax rings or neoprene gaskets.
The Proposer will recommend, gain approval from TCCWO, and purchase the
following:
• One HET toilet model, 1.28 gpf, with a large footprint (EPA WaterSense labeled
and NOT dual flush)*
• One or more low flow showerhead models, 1.5 gallon per minute (gpm) (EPA
WaterSense labeled)
• One low flow faucet aerator model, 1.0 gpm for bathroom sinks
* Additional HET toilet models may be needed for individual circumstances such as replacement of rear
plumbed toilets or to accommodate rough-in distances other than 12 inches
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Fixtures and equipment can be purchased all at once or through the length of the
Project. Storage, distribution and inventory management are the responsibility of the
Proposer throughout the term of the Agreement. Storage options may be available at
TCCWD or City of Tehachapi facilities. The Proposer should purchase and install
primarily Niagara Stealth N7717 elongated bowl toilets, although some N7716 round
bowls should be available for installation when desired by customer or where bathroom
space is limited.
All plumbing fixture size, design, mounting and installations shall meet the
manufacturer's specifications, and all local, state, and federal plumbing codes, including
ASME A112.19.2 -2003 and/or the Uniform Federal Accessibility Standards (UFAS)
www.access-board.gov/ufas-html/ufas.htm for all ADA installations.
2. Eligibility and Fixture Installation
Initial eligibility for Project participation is based on building age. TCCWD will maintain
a list of all pre-1992 constructed homes and multi-family units in the City of Tehachapi,
and will conduct outreach prior to and during the Proposer's Agreement period.
TCCWD will collect applications and contact information from other sources to provide
to the Proposer. Proposer will contact customers and set appointments. Proposer will
make at least three attempts to contact the customer within one week of the date
TCCWD provides the contact information. Proposer will also conduct outreach and
'distribute brochure applications as opportunities arise.
Arriving at the appointment, the Proposer will determine further eligibility based on the
fol,lowing:
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• Existing toilet(s) are 3.5 gpf or greater
• No abnormal conditions are apparent such as rotted flooring, toilet leak indicating
a broken waste flange, or changes in flooring height.
• Replacements are limited to two toilets per home or multi-family unit
Prior to installation, the Proposer will measure actual flow of existing toilets (gpf),
showerheads and aerators (gpm) and record this data. The Proposer will install the
toilet appropriate for conditions or customer preference, however, installation of the
Niagara Stealth 0.8 gpf is strongly preferred and should be actively encouraged. The
Proposer will replace supply lines as needed, and will install low flow showerheads and
aerators unless the resident objects. The Proposer will repair broken waste flanges as
needed. All installations shall be per manufacturer's recommendations and the
applicable plumbing codes. In case of conflict, the code shall prevail. All work shall be
done in a professional manner and site will be left clean.
The Proposer should then check for leaks using the meter. If the meter indicates a
leak, the Proposer should attempt to locate the leak. Examination of irrigation systems
is outside the scope of this project, however hose bibbs and backflow devices should
be included. The Proposer should record the leak on the data sheet, and record the
volume of leak if possible. The resident should be provided with repair information.
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The Proposer shall not correct abnormal conditions with the exception of repairing the
waste flange. This policy is set to avoid a potential conflict of interest. If abnormal
conditions are identified, the resident should be informed of the condition(s) and the
work needed to correct the condition(s). The resident may contact the Proposer once
abnormal conditions are corrected. If an abnormal condition exists for one toilet, the
Proposer shall retrofit other toilet(s), showerheads and aerators that are eligible for
replacement. Abnormal conditions should be noted on data sheets.
Before leaving an installation site, the Proposer shall leave the following documents
with the resident.
• A printed card with Proposer contact information including name and address
and toll free or local area number. The card shall include text informing the
resident of the 90-day installation warrantee and inviting the customer to call with
any questions, problems or complaints regarding the installation work or the
performance of the equipment installed
• Copies of manufacturer's warranties and information on replacement flapper
valves, if applicable
TCCWD will inspect at least 10% of installations and will send out a post-installation
survey.
3. Remove and Recycle Old Toilets
The Proposer will remove old toilets, showerheads and aerators. The Proposer will be
responsible to dispose of all waste, recycling cardboard, packing material, and any
other
recyclable waste to the extent possible.
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4. Project Reporting
The DWR Grant Program has detailed quarterly reporting requirements. The Proposer
will work with the Water Conservation Coordinator to develop a reporting format based
on the initial list of all pre-1992 constructed homes and multi-family units in the City of
Tehachapi. The reporting format will facilitate TCCWD grant reporting requirements.
Reporting will reflect monthly invoicing, and will include:
• Installations: customer name, address, date of install, flow of old fixtures (gpf of
toilets and gpm of aerators and showerheads), number and type of toilets,
aerators and showerheads installed, leaks (flow if available), and any
outstanding issues;
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• Repair of waste flange as appropriate
• Unsuccessful installs due to abnormal conditions or other lack of eligibility,
customer unwillingness to participate, untenable conditions, or other reasons;
• Customer feedback and complaints including resolution of problems if
applicable;
• Warranty claims made by Project participants and resolution of claims.
5. Warranty
The Proposer shall be responsible for replacement of any defective, damaged, or
broken fixture or for any installation-related issues. The manufacturer's regular warranty
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shall apply to all equipment procured against this specification. In addition, Proposer
shall guarantee all materials and workmanship for a period of ninety (90) days following
installation, and shall promptly repair or replace any defective equipment at his own
expense upon notification by the customer, TCCWD, or City of Tehachapi.
A copy of the Proposer's warranty program is required to be submitted with bid proposal
identifying the warranty terms.
Remedies shall include but are not limited to the following:
• Adjustment of fixture parts
• Repair of installation leaks
• Reinstallation of fixture with new seals or installation of a new replacement
fixture
• Repair of any damage to customer's property caused by leakage of water
associated with installation of new fixtures.
During the Proposer's 90-day warranty period, the Proposer shall be responsible for all
product and service warranties supplied by the toilet manufacturer, accessory parts
manufacturers and others, whether written or implied. In cases where call backs
involve warranties, Proposer shall be responsible for obtaining and approving all
services and equipment due under the warranty. In cases where call backs involve
leaks -associated with the installation of new fixtures-, Proposer shall respond to and
resolve the leak as quickly as possible, and no less than 24 hours. Proposer shall work
with toilet manufacturers and other vendors to resolve any product quality and
performance problems disclosed by a customer in a timely manner. Warranty claims
are to be includeu in the regular reports to the TCCWD Project Manager.
III.
QUALIFICATIONS
The Proposer and any subcontractors shall:
• Have a valid business license and a valid C-36 license through the State of
California and be in good standing
• Have been in business for a minimum of ten years (subcontractors for five years)
• Have at least five years of experience providing the services described in the
Scope of Services
• Pay prevailing wages
• Carry all insurance as described below
1.
Insurance Requirements
Commercial General Liability and Automobile Liability Insurance - The Proposer
shall provide and maintain the following commercial general liability and automobile
liability insurance:
Coverage - Coverage for commercial general liability and automobile liability insurance
shall be at least as broad as the following:
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1.
Insurance Services Office (ISO) Commercial General Liability Coverage
(Occurrence Form CG 0001)
2.
Insurance Services Office (ISO) Business Auto Coverage (Form CA 0001),
covering Syrnbol1 (any auto)
Limits - The Contractor shall maintain limits no less than the following:
1.
General Liability - One million dollars ($1,000,000) per occurrence or the full per
occurrence limits of the policies available, whichever is greater for bodily injury,
personal injury and property damage. If Commercial General Liability Insurance or
other form with a general aggregate limit or products-completed operations aggregate
limit is used, either the general aggregate limit shall apply separately to the
projecUlocation (with the ISO CG 2503, or ISO CG 2504, or insurer's equivalent
endorsement provided to TCCWD) or the general aggregate limit and products­
completed operations aggregate limit shall be twice the required occurrence limit.
2.
Automobile Liability - One million dollars ($1,000,000) for bodily injury and
property damage each accident limit. '
Required Provisions - The general liability and automobile liability policies are to
contain, or be endorsed to contain, the following provisions:
1.
TCCWD, its directors, officers, employees, and authorized volunteers are to be
given insured status (via ISO endorsement at least as broad as CG 2010 1185 or both
CG 20 37 and CG 20 38 04 13 forms (if later revisions used) as respects: liability arising
out of' activities' performed by or on behalf of the Proposer; products arid completed
operations of the Proposer; premises owned, occupied or used by the Proposer; and
automobiles owned, leased, hired or borrowed by the Proposer. The coverage shall
contain no special limitations on the scope of protection afforded to TCCWD, its
directors, officers, employees, or authorized volunteers, and. no limitation regarding
work on residential property.
2.
It is understood and agreed to by the parties hereto and the insurance
company(s), that the Certificate(s) of Insurance and policies shall so covenant and shall
be construed as primary, and TCCWD insurance and/or deductibles and/or self-insured
retentioris or self-insured programs shall not be construed as contributory (as broad as
ISO endorsement CG 20 01) .
3.
Any failure to comply with reporting or other provisions of the policies including
breaches of warranties shall not affect coverage provided to TCCWD directors, officers,
employees, or authorized volunteers.
4.
The Proposer's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's liability.
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5.
Each insurance policy required above shall provide that coverage shall not be
canceled, except with notice to TCCWD.
Such liability insurance shall indemnify the Proposer and his/her subcontractors against
loss from liability imposed by law upon, or assumed under Agreement by, the Proposer
or his/her subcontractors for dam.ages on account of such bodily injury (including
death), property damage, personal injury, completed operations, and products liability.
The general liability policy shall cover bodily injury and property damage liability, owned
and non-owned equipment, blanket contractual liability, completed operations liability,
explosion, collapse, underground excavation, and removal of lateral support.
The automobile liability policy shall cover all owned, non-owned, and hired automobiles.
All of the insurance shall be provided on policy forms and through companies
satisfactory to TCCWD.
Deductibles and Self-Insured Retentions - Insurance deductibles or self-insured
retentions must be declared by the Proposer, and such deductibles and retentions shall
have the prior written consent from TCCWD. At the election of TCCWD the Proposer
shall either 1) reduce or eliminate such deductibles or self-insured retentions, or 2)
procure a bond which guarantees payment of losses and related investigations, claims
administration, and defense costs and expenses.
Acceptability of Insurers ­
"Any' insurance carrier providing insurance' coverage required by the Agreement
Documents shall be admitted to and authorized to do business in the State of California
unless waived, in writing, by TCCWD Manager. Carrieres) shall have an A.M. Best
rating of not less than an A-: VII or better.
Workers' Compensation and Employer's Liability Insurance ­
The Proposer shall provide, during the life of this Agreement, workers' compensation
insurance for all of the employees engaged in work under this Agreement, on or at the
project sites, and, in case any of sublet work, the Proposer shall require each
subcontractor similarly to provide workers' compensation insurance for all the latter's
employees as prescribed by State law. Any class of employee or employees not
covered by a subcontractor's insurance shall be covered by the Proposer's insurance.
In case any class of employees engaged in work under this Agreement, on or at the
project sites, is not protected under the Workers' Compensation Statutes, the Proposer
shall provide or shall cause a subcontractor to provide, adequate insurance coverage
for the protection of such employees not otherwise protected. The Proposer is required
to secure payment of compensation to his employees in accordance with the provisions
of Section 3700 of the Labor Code. The Proposer shall file with TCCWD certificates of
its insurance protecting workers and shall provide certificates at any time upon request.
Company or companies providing insurance coverage shall be acceptable to TCCWD,
if in the form and coverage as set forth in the Proposal.
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Proposer shall assume the immediate defense of and indemnify and save harmless
TCCWD and its officers and employees, agents, and consultants from all claims, loss,
damage, injury, and liability of every kind, nature, and description brought by any
person employed or used by Proposer, or any subcontractor, to perform the work under
this Agreement regardless of responsibility or negligence.
Responsibility for Work - Until the completion and final acceptance by TCCWD of all
the work under and implied by this agreement, the work shall be under the Proposer's
responsible care and charge. The Proposer shall rebuild, repair, restore and make
good all injuries, damages, re-erections, and repairs occasioned or rendered necessary
by causes of any nature whatsoever.
The Proposer shall waive all rights of subrogation against TCCWD, its directors,
officers, employees, or authorized volunteers.
Evidences of Insurance - Prior to execution of the agreement, the Proposer shall file
with TCCWD a certificate of insurance (Acord Form 25 or equivalent) signed by the
insurer's representative evidencing the coverage required by this agreement. Such
evidence shall also include confirmation that coverage includes or has been modified to
include Required Provisions 1-5.
The Proposer shall, upon demand of TCCWD, deliver to TCCWD such policy or
policies of insurance and the receipts for payment of premiums thereon.
Continuation 'of "Coverage - When any of the required cnverages expire' during the
term of this agreement, the Proposer shall deliver the renewal certificate(s) to TCCWD
at least ten (10) days prior to the expiration date.
Sub-Contractors - In the event that the Proposer employs sub-contractors as part of
the work covered by this agreement, it sl1all be the Proposer's responsibility to require
and confirm that each sub-contractor meets the minimum insurance requirements
specified above. The Proposer shall, upon demand of TCCWD, deliver to TCCWD
copies such policy or policies of insurance and the receipts for payment of premiums
thereon.
IV.
PROPOSAL
1.
Pre-Submittal Conference and Requests for Information
The pre-submittal conference is scheduled for 11 :00 am on August 15, 2014. The
conference will be held at the TCCWD office conference room, 22901 Banducci Rd"
Tehachapi, CA 93581. Questions regarding the RFP will be addressed at this
conference and any new information will be provided at that time. While TCCWD staff
may provide oral clarifications, explanations, or responses to any inquiries, TCCWD is
not bound by any oral representation. If any new and/or substantive information is
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provided in response to questions raised at the pre-submittal conference, it will be
memorialized in a written addendum to this RFP.
All requests for information concerning the RFP, whether submitted before or after the
pre-submittal conference, must be in writing and directed to Liz Block at
Iblock@tccwd.com. Substantive replies will be memorialized in written addenda to be
made part of this RFP. All addenda will be posted on the California Special Districts
Association web site at http://www.csda.netlcsda-mernbership/rfp-c1earinghouse/.This
RFP will only be governed by information provided through written addenda. No
questions or requests for interpretation will be accepted after August 22, 2014, 3:30
p.m.
2.
Proposal Submittal
Two copies of the written proposal shall be submitted to TCCWD no later than August
29, 2014 at 3:30 p.m. Deliver the proposal in a sealed package clearly marked
"Tehachapi-Cummings Water Conservation District Ultra High Efficiency Toilet
Direct Install Program, by [Proposer's Name]. 11
Proposals should be mailed to:
TCCWD
Attn: Liz Block
RE: TCCWD UHET Direct Install Program, by [Proposer's Name]
PO Box 326
Tehachapi, CA 93581
Or delivered to the TCCWD office at 22901 Banducci Rd., Tehachapi, CA 93561
3.
Proposal Format and Content
The proposal shall be clear and concise and responsive to all RFP requirements, and
shall include the following:
1. Cover Letter and point of contact
2. Work Plan
3. Project Schedule
4. Proposer Qualifications
• Organizational Chart
• Description of three similar projects
5. Approach to Residential Customer Service
6. Project Cost Schedule
7. Additional Required Documents
• Business licenses
• Insurance documents
• Proposer's Warranty Program
• Demonstration of Prevailing Wages
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8. AdditionaLPocuments""Ntlt: Required but supporting qualifications such as
resu~s.. ·.1jcenses,;association or organization memberships, certifications,
refereJlCes,d~r.ad,pition.toprojects from Qualifications section, etc.
Proposals musiindude the folloWing· information:
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1. Cover Letter
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Submit a cover'letter slgnetl~by1t8nindividual authorized to obligate the Proposer to fulfill
the commitments 1;ontained ~n the proposal. The letter must include the following: (1) a
statement idemtifyjn.fJ the point of contact (include telephone number, fax number, e­
mail address andmaiJingaddress); (2) a statement of the Proposer's overall ability and
qualifications tD~~Ct)ndJJcUne work;:(3) a statement that the Proposer agrees to comply
fully with the terms"atid-.'ConaUions of the Agreement, attached hereto as Appendix 1;
(4) a stateme~tharthePf.Qposer agrees that the Proposer's rates on the Project Cost
Schedule are non.:.negbtiable andwill be incorporated into the Agreement; and (5) a
statement thatithe~H(pposer·1:lgrees·to fully comply with all applicable State and local
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laws.
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2. Work Plan . . ' ".' . "
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Describe how ijrej':Prilp~er:'wi1H'implement the installation project. This section of the
proposal shoulc.:L~on~rate'a clear understanding of the project needs and how they
.will be met. T.heJNork;PJan should demonstrat~ that sufficient fixtures are available
and that suffi~nh.staffjjs. available to meet the proposed timeline. Any special
expertise shouffiLbe inc1ud~dhele .. The Work Plan should demonstrate the Proposer's
responsiveness·,by. stating:thenme frames by which the Proposer will (i) install a toilet
.: after a Projec~~~palticiparllt.nas requested an installation, (ii) respond to call backs'
regarding inst~latiOll~fJea1<s. and resolve installation leaks, and (iii) respond to and
resolve warranfj·c!aims41ol'invoh,ingJeaks. A well thought out and thorough Work Plan
will contribute Siltbstaritfu1ty,fa,Jhe' Written Proposal scoring.
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3. Project Schedule
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The project schedule devejoped by the Proposer shall meet the timeline outlined in
Section 11.2. Tije ;s~edule:provided by the selected Proposer will become part of the
Agreement.
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4. Proposert'Qualifications
Clearly demonstrate tha1 the Proposer (and subcontractor if applicable) meet all the
qualification req.uirements outlined in Section III. State the size of the company,
number of full-time staff, office location, and the number and nature of professional staff
that will work ditectIY:~"Yith :TCCWn and manage the project. Include an organizational
chart. State the,qucilificationsof ,staff that will be assigned to the project, including
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subcontractors. ' .
Provide a des~ip,tion.:tif..three·'(3)·ptojects similar in size and scope to the activities
proposed here~:ijemDil$ating :·tneir experience relevant to their specifically defined
responsibility, and .,simijarity/relevance to the activities proposed here.
Project
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descriptions shall :be limited to one (1) page for each project. The description shall
include:
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- Project scope summary;
- Proposer's role and responsibilities in the project;
- Proposer staff members who worked on the project;
- Client name, reference and telephone numbers;
- Dates when the project was performed;
- Project costs; and
- Proposer's performance on delivering the project on schedule and on budget.
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5. Approach to Residential Customer Service
The Proposer staff will work directly with residential customers as representatives of
TCCWD and the City of Tehachapi. Proposer staff enters homes and works in the
most private rooms, in a home. Describe the approach, qualifications, and services
used in working specifically with residential customers. Descriptions may include
ability/commitmen( ,to work outside normal business hours, training, ability to
communicate with: non-English speaking customers, and/or results of surveys from
similar previous co~tracts.
6. Project Cost Schedule
A detailed cost scheoule for a one year Agreement, including supplies, installation,
administration, overhead, etc. shall be included. Cost should be summarized on a per­
toilet basis. Proposer will be invoicing based on two items; per toilet cost should
include all associated supply, administration and overhead costs, and per waste flange
repair should include only those costs associated with repair. By submitting a proposal
for consideration, the Proposer 'agrees' that the proposed services and prices are valid'
for 120 calendar days from the proposal due date, and that the quoted prices are
genuine and not the result of collusion or any other anti-competitive activity.
7. Additional Required Documents
Copies of Proposer's business license(s) and insurance certificates that demonstrate
their qualifications should be provided. If subcontractors will be used, Proposer should
demonstrate how the subcontractor is included under Proposer's insurance. Otherwise
submit subcontractors insurance. Include the Proposer's Warranty Program. Finally,
demonstrate that the Proposer is paying prevailing wages.
8. Additional Documents Not Required
Proposer may include any other documents, certifications or other information that
demonstrate qualifications.
V.
EVALUATION AND SELECTION
1.
Initial Screening
TCCWD staff will . review each proposal to determine if they are responsive and
responsible.
Proposers' proposals will be reviewed for completeness, format
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requirements, and verifiable references. Only those proposals that are properly
completed, and meet the minimum format and content requirements will be considered
in the evaluation process.
2.
Overall Evaluation Process
The evaluation process will consist of three phases - Written Proposal, Oral Interview
and Project CosLSchedule. The points allocated for each phase of the evaluation are
thirty-five (35) points for the written proposal phase, twenty-five (25) points for the oral
interview phase and forty (40) points for the Project Cost Schedule phase.
The Selection Panel will be comprised of individuals who are knowledgeable on the
subject matter, and may include staff from the TCCWD, City of Tehachapi, and/or other
utilities or organizations.
Proposers must obtain a minimum score of twenty-one (21) points which is equivalent
to sixty percent (60%) on their written proposal (first phase of the evaluation process) to
be considered fOLan oral interview (second phase of the evaluation process). A score
greater than twenty-one (21) points or sixty percent (60%) on the written proposal will
not automatically guarantee an invitation to the second phase of the evaluation
process. Only the top four (4) ranked Proposers are eligible to be short-listed to
continue on with oral interviews.
3.
Written Proposal Evaluation
The selection panel will evaluate and score written proposals using the following point
scale:
Evaluation Criteria
Proposal Format and Organization Including
Cover Letter
Work Plan
Project Schedule
Proposer Qualifications
Approach to Residential Customer Service
Project Cost Schedule
Additional Required Documents
Additional Documents Not Required
Points
5
20
10
20
15
20
5
5
100
The written proposal scores will then be tabulated and Proposers will be ranked starting
with the Proposer receiving the highest score, then continuing with the Proposer
receiving the second highest score, and so on.
4.
Oral Interview Evaluation
The Selection Panel may hold oral interviews with the short-listed Proposers. TCCWD
will send a letter to all short-listed. Proposers regarding the format of the interview, the
14
scoring criteria to be used during the interview and the composition of the Proposer
team to participate in the interview.
The interview evaluation process will consist of a Proposer presentation followed by
standard interview questions from the Selection Panel, and may include follow up
questions if clarification of Proposer's responses is necessary. .The same set of
interview questions will be used for all Proposers. Note that the oral interview questions
may differ from the written proposal evaluation criteria.
The Selection Panel will proceed to evaluate each Proposer based on each Proposer's
presentation and responses. The oral interview scores will then be tabulated.
5.
Project Cost Schedule Evaluation
Proposers will be scored based on their proposed cost for this project. The data
provided in the Project Cost Schedule may be rejected and excluded from the score
tabulation if it is found to be inconsistent with any of the information provided in the
submitted proposal. A Proposer will receive up to 40 points for the Project Cost based
on the following table:
Cost
Points
Lowest Bid
40
nd
2 Lowest Bid
30
3rd Lowest Bid
20
4th Lowest Bid
10
5th Lowest Bid
0
6.
Tabulating Final Scores
The scores from the Written Proposal, the Oral Interview, and the Project Cost
Schedule evaluation will be combined and tabulated using the following overall scoring
breakdown:
1. Written Proposal
2. Oral Interview
3. Project Cost Schedule
Total
35 pts
25 pts
40 pts
100 pts
Proposers will be ranked starting with the Proposer receiving the highest total score,
then continuing with the Proposer receiving the second highest total score, and so on.
The Proposer with the highest total score will be identified as the highest-ranked
Proposer eligible to proceed with the award of an Agreement.
VII.
AWARD OF AN AGREEMENT
1.
Agreement Preparation
The TCCWD General Manager will make a recommendation to the Board of Directors
that the Agreement be awarded to the highest-ranked Proposer, and that the Board
Execute an Agreement to perform the requested services.
The terms of the
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Agreement, includ]n~~fhe per-toilet project cost listed in the submitted proposal will not
be negotiable.
Failure by the Proposer to execute an Agreement within one (1) week of the date of
Board of Directors authorization to execute the Agreement may result in the General
Manager's executing ~n Agreement with the next highest ranked Proposer.
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Once the Agreement is complete the Agreement will be executed and certified, and a
Notice of Agreement Award will be issued along with a Notice to Proceed. The
successful Proposer is hereby notified that work cannot commence until it receives a
written Notice toProceed. Any work performed without a NTP will be at the Proposer's
own commercial;fisl<. ,
2.
Standard Agreement Language
By submitting a pmposal,Proposers acknowledge that they have read, understand, and
agree with all the terms of the Agreement (Appendix 1)
3.
Revision ofProposal
Notwithstanding the forgoing, a Proposer may withdraw or revise a proposal on the
Proposer's own initiative at any time before the deadline for submission of proposals.
The Proposer must submit the revised proposal in the same manner as the original
proposal. A revised proposal must be received on or before the proposal due date. In
no case will a statement of intent to submit a revised proposal or the commencement of
a revision process extend the proposal due date for any Proposer.
'0
At 'any,time during the proposal evaluation process, TCCWD may require a Proposer to
provide oral or written clarification of its proposal. TCCWD reserves the right to make
an award without receiving or accepting any clarifications of proposals received.
4.
Errors and Omissions in Proposal
Failure by the TCCWD to object to an error, omission, or deviation in the proposal will in
no way modify the RFP or excuse the Proposer from full compliance with the
specifications of the RFP or any Agreement awarded pursuant to the RFP.
5.
Financial Responsibility
The TCCWD accepts no financial responsibility for any costs incurred by a Proposer in
either responding to this RFP, participating in oral presentations, or negotiating an
Agreement with the TCCWD. The proposals in response to the RFP will become the
property of the. TCCWD and may be used by the TCCWD in any way it deems
appropriate.
.
6.
Freedom of:tnformation
Proposers' bids, responses to RFP's and all other records of communications between
TCCWD and persons or firms seeking contracts shall be open to inspection
immediately after an Agreement has been awarded. Nothing in this provision requires
the disclosure of a"pri\late person's or entity's net worth or other proprietary financial
16
data submitted for qualification for a contract or other benefits until and unless that
person or organization is awarded the Agreement or benefit. Information provided
which is covered by this paragraph will be made available to the public upon request, or
as otherwise required by law.
7.
Reservations of Rights
The issuance of this RFP does not constitute an agreement by TCCWD that any
Agreement will actually be entered into by TCCWD. TCCWD expressly reserves the
right at any time to:
1. Waive or correct any defect or informality in any response, proposal, or proposal
procedure;
2. Reject any or all proposals;
3. Reissue an RFP;
4. Prior to submission deadline for proposals, modify all or any portion of the
selection procedures, including deadlines for accepting responses, the
specifications or requirements for any materials, equipment or services to be
provided under this RFP, or the requirements for contents or format of the
proposals;
5. Procure any materials, equipment or services specified in this RFP by any other
means; or
6. Determine that no project will be pursued.
8.
No Waiver
No waiver by TCCWD of any provision of this RFP shall be implied from any failure by
TCCWD to recognize or take action on account of any failure by a Proposer to observe
any provision of this RFP.
9.
Release of References
The TCCWD may utilize the references included in Proposers' proposals to verify
Proposers' and their employees' and subcontractors' qualifications and ability to
successfully perform the services requested under this RFP. In addition TCCWD may
make its own independent reference checks with other parties.
11.
Standard Agreement
The selected Proposer will be required to enter into the Agreement, substantially in the
form of the Agreement for Professional Services, attached hereto as Appendix 1.
Submission of a proposal shall indicate Proposer's agreement to all terms of the
Agreement. Failure by the Proposer to obtain compliance with TCCWD requirements
and execute an Agreement within one (1) week of the date of TCCWD Board of
Directors' authorization to execute the Agreement may result in the General Manager's
executing an Agreement with the next highest ranked Proposer. TCCWD, at its sole
discretion, may select another Proposer and may proceed against the original selected
Proposer for damages.
12.
Signature Requirements
17
An unsigned or improperly signed proposal will be rejected. A proposal may be signed
by an agent of the Proposer if he/she is properly authorized by a power of attorney or
equivalent document submitted to TCCWD prior to the submission of the proposal or
with the proposal to bind the Proposer to the proposal.
18
APPENDIX 1 - PROFESSIONAL SERVICES AGREEMENT
19
TEHACHAPI-CUMMINGS COUNTY WATER DISTRICT
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT (this "Agreement") is executed in duplicate as of the Effective Date
by and between the District and the Contractor.
WHEREAS, the Contractor has submitted a proposal to the District for the performance
of the Work; and
WHEREAS, the District has accepted such proposal and the District and the Contractor
desire to execute an agreement setting forth the terms and conditions pursuant to which the
Contractor will perform the Work;
NOW, THEREFORE, IT IS AGREED as follows:
ARTICLE I.
DEFINITIONS
1.00. Introduction.
The definitions in this article I shall be applied in the interpretation of this Agreement.
1.01. Article 1.5.
"Article 1.5" means Article 1.5 (commencing with section 20104) of Chapter 1 of Part 3
of the Public Contract Code, a copy of which is attached as Exhibit A.
1.02. Board.
"Board" means the Board of Directors of the District.
1.03. Contract Documents.
"Contract Documents" means this Agreement and the Request for Proposals attached
hereto as Exhibit B, which is incorporated herein by this reference.
1.04. Contract Price.
"Contract Price" means aggregated total of the number of toilet
installations performed multiplied by the amount the Contractor bid for each toilet
installation, which is $[amount bid by Contractor per toilet] (the "Per-Toilet
Install Price"), plus the total number of waste flange repairs performed multiplied
by the amount the Contractor bid for each waste flange repair, which is $[amount
bid by Contractor per waste flange repair] (the "Per-Waste Flange Repair Price").
1
.,.
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1.05. Contract Time.
"Contract Time" means the period ending 90 Days after the installation of the last toilet
under the Project.
1.06. Contractor.
"Contractor" means [name of Contractor].
1.07. Contractor's Address.
"Contractor's Address" means [Contractor's address].
1.08. Day or Days.
"Day or Days" means a calendar day or calendar days.
1.09. District.
"District" means TEHACHAPI-CUMMINGS COUNTY WATER DISTRICT, a
California county water district organized and existing under and by virtue of the provisions of
division 12 of the Water Code.
1.10. District's Address.
"District's Address" means 22901 Banducci Road, Tehachapi, CA 93561.
1.11. Effective Date.
"Effective Date" means [Date Agreement is signed by District}, 2014.
1.12. General Manager.
"General Manager" means the General Manager of the District or his designated
representative.
1.13. Project.
"Project" means the one year program that will replace 1,000 older model (3.5 gallons per
flush (gpf) or more) toilets with UHET models in residential and multi-family homes in the City
of Tehachapi, as further described in the Request for Proposals attached hereto as Exhibit B.
2
1.14. Work.
'.'"\.-.
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"Work" means'a1tthe,woFk:~pecified,'ll1mc3tea; ~hown or contemplated in this
Agreement and in th~'Scope'ofS~ces.;.fn~R~f;fhe Request for Proposals attached hereto as
Exhibit B ("Scope of Servirefj"}'Re-eessary to'comptete the Proj ect according to the Contract
Documents. The term "Proposer" as used in the Scope of Services means the Contractor.
..ARTICLElt·' ,
SCOPE OF WORK, PERFORMANCE AND PAYMENT
.",-1:.
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2.00. PerformaTI:ceofthe W-Ork.
The Contraet'l'ft'Shall~furnisli"'cilL~abor, tod1s;materials, equipment and incidentals
necessary to complete;t1:\e,W>ork:in\a gOOd~rkmanlike manner and in strict conformity with
the Contract Docunients.'>· ,.;'., ,,'
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2.01.
ExaIlli.iation'ot.sit~'aniConttact Documents.
The Contractorhas:carefiilly examinedtheContr~ct Documents. The Contractor is
satisfied as to the ~ter~,-q6ality!.andlSc()peof;work t~ be performed, the quantities and
materials to be :fumThliedarnl±he·I.eq~etti.emS~fure·:£o'ritract Documents. The Contractor is
cautioned to make;,~ch:iildep-ena~:nt investigatiolpahd examination as he deems necessary to
satisfy himself as th{{'COnffioons-:to,heienC{)nntered in the performance of the Work and, with
respect to possible.locittriYitenal',sOOrees,1tle qualitY;mld quantity of material available from
such sources.
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2.02. Intent'~f.stope~1;f'S~riricesaritLWork Plan: .
In responseto the Requestior Proposals, the Contractor has submitted a Work Plan to the
District. The Contractorllnderstands :and.acknowledges that the District has relied upon the
Work Plan in enteringintothlsAgteement.
.
2.03. Control.QfWork.·
The Generat:;Manager'sh81i,declde:an que'stionswhich may arise as to the quality or
acceptability of niateru:usfurnished<and work performed and as to the manner ofperformance
and rate ofprogress/{)fthe.:Wor~~allquestions which~y arise as to the interpretation of the
Scope of Work, all questionS as tocthe:acceptablefuIfillinent of the Agreement on the part of the
Contractor and alLquestions'asto'.compensation.?I'he;General Manager shall have authority to
enforce and make~effective,·suchdecisions'aridotders:,Which the Contractor fails to carry out
promptly. The Contractor sh311desjgnate;inwiitingbefore starting the Work an authorized
representative who shall have the authority to represent and act for the Contractor. The General
Manager shall at all times have safe access to the Work during the performance of the Work and
shall be furnished with every reasonable facility for ascertaining that the materials and
workmanship are in accordance with the requirements and intentions ofthe Scope of Work. All
Work done and all materials furnished shall be subject to his inspection. The inspection of the
Work or materials shall not relieve the Contractor of any of his obligations under the Contract
Documents. Any portion of the Work which has been rejected shall be remedied, removed or
replaced by the Contractor in an acceptable manner and no compensation will be allowed for
such removable, replacement or remedial work. Any portion of the Work done which is not
described in the Scope of Work or any portion of the Work done without written authority will
be considered as unauthorized work and will not be paid for. Unauthorized work shall be
remedied, removed or replaced by the Contractor at his sole expense.
The District has the right to end or reduce Contractor services at any time in response to
changing needs.
2.04. Subcontractors.
If any subcontractor or person employed by the Contractor shall appear to the General
Manager to be incompetent or to act in a disorderly or improper manner, he shall be discharged
by the Contractor on the request ofthe General Manager and such person shall not again be
employed on the Work. No subcontractor will be recognized as such, and all persons engaged in
performance of the Work will be considered as employees of the Contractor and the Contractor
will be held responsible for their Work. The Contractor shall perform with his own organization
contract work amounting to not less than 50% of the Work. Before work is started on a
subcontract, the Contractor shall file with tlle General Manager a written statement showing the
portion of the Work to be subcontracted, the names ofthe subcontractors and the description of
each portion of the Work to be so subcontracted. Prior to the commencement of any work on a
subcontract, Contractor shall provide the District insurance certificates listing the District as
additional named insureds.
2.05. Beginning of Work.
The Contractor shall begin work within 15 days after receiving notice that this
Agreement has been executed by the District and shall diligently prosecute the same to
completion within the Contract Time. The Contractor shall notify the General Manager in
writing of his intent to begin work at least 72 hours before work has begun. Time is of the
essence hereof.
2.06. Termination of Contract.
If the Contractor fails to commence the Work within the time specified herein, or fails to
prosecute the Work diligently or to make necessary progress to complete the Work in a timely
manner, or fails to replace or repair any damage or defective work or materials, or fails in any
respect to perform the Work in a good and timely manner, the District may serve written notice
to the Contractor and its surety of the District's intention to terminate this Agreement. Such
notice shall contain the reasons for termination. If the Contractor does not remedy the
deficiencies in the Contractor's performance specified in the notice to the satisfaction ofthe
4
General Manager within five days of receipt of such notice, this Agreement shall be terminated
and the District may take over the Work and prosecute the same to completion by contract or
otherwise and may take possession and utilize such materials, appliances and plant as may be on
the site of the Work and necessary therefor. The Contractor shall be liable for all damage and
expense, including attorney's fees, sustained or incurred by the District by reason of such default
in completing the Work.
ARTICLE Ill.
CONTRACT PIDCE AND PAYMENT
3.00. Contract Price.
In consideration of the conditions, covenants and promises to be kept and performed by
the Contractor and for the faithful performance of this Agreement, the Contractor shall receive
and accept the Contract Price, which shall be paid on a per-installed-toilet and a per-waste flange
repair performed baSis; as full compensation therefor and for all loss or damage arising out of the
nature of the Work, the action of the elements or for any unforeseen contingencies or difficulties
encountered in prosecution of the Work. The Contract Price includes full compensation to the
Contractor for all taxes, permits, licenses and other fees which the contractor is required to pay in
order to perform the Work.
3.01. Notice:'"ofPotential Claim.
The Contractor shall not be entitled to the payment of any additional compensation for
any act or failure to act by the General Manager or the District, or for the happening of any
event, thing, occurrence or other cause unless the Contractor shall have given the General
Manager due written notice of a potential claim as hereinafter provided, except that compliance
with this section shall not be a prerequisite as to matters within the scope of the protest
provisions of section 2.07 hereof. The written notice of potential claims shall set forth the
reasons for which the Contractor believes additional compensation will or may be due, the nature
of the cost involved, and, insofar as possible, the amount of the potential claim. Such notice
must have been given to the General Manager prior to the time that the Contractor shall have
performed the Work giving rise to the potential claim for additional compensation, if based on an
act or failure to act by the General Manager or the District, or in all other cases, within 15 days
after the happening of the event, thing, occurrence, or other cause giving rise to the potential
claim. It is the intention of this section that differences between the District and the Contractor
arising under and by virtue of this Agreement be brought to the attention ofthe General Manager
at the earliest possible time in order that such matters may be settled, ifpossible, or other
appropriate action promptly taken. The Contractor shall have no right to additional compensation
for any claim that may be based on any such act, failure to act, event, thing, or occurrence for
which no written notice of potential claim was filed.
3.02. Right to Withhold Compensation.
The District may at its option at anytime retain out of any amounts due the Contractor
sums sufficient to cover claims filed pursuant to law.
5
3.03. Payments to Contractor.
Contractor shall be paid the Per-Toilet Install Price for each toilet installed and the Per­
Waste Flange Repair Price for each waste flange repaired pursuant to this Agreement based on
invoices submitted with the required information and supporting documentation. Contractor shall
submit invoices, including conditional lien releases from all of its subcontractors and material
suppliers, to the District for payment on or before the seventh (7th) day of the month following
the month in which Work was performed. Contractor's invoices shall state or be accompanied by
documents stating the number of toilet installations and waste flange repairs, customer names,
addresses, and dates of install. The District will submit all duly-submitted Contractor's invoices
to the Board for approval at the regular Board meeting of the month following the month in
which Work was performed, which regular meetings are generally held on the third Wednesday
of each month. The District will pay all invoices approved by the Bo.ard no later than the last day
of the month in which the Board approved the invoice for payment. Approval of invoices for
payment shall not be unreasonably withheld.
Notwithstanding any other provisions of this Agreement, subject to California Business
& Professions Code §71 08.5, the District shall not be obligated to make any payment to
Contractor if and as long as anyone or more ofthe following conditions exist:
(a) Contractor has failed to perform any of its obligations hereunder or otherwise
is in default under this Agreement.
(b) Contractor has failed to furnish to the District any and all invoices, and
conditional lien releases or waivers together with unconditional lien releases or
,.. ' ..waivers for payments previously received ip thyf9ffi1 ap<;l manner conforming to
statutory requirements and otherwise satisfactory to the District.
(c) Any part of a payment requested is attributable to work which is defective or
not performed in accordance with this Agreement and the Contract Documents;
however, if severable, payment shall be made as to the part thereof of which
appears to be properly performed after due allowance for the cost of correcting
the defective part of the work as estimated by the District.
(d) Contractor has failed to make payment promptly to any lien claimants when
due.
(e) Contractor has failed to provide the District with then current proof of
Insurance, as outlined herein.
3.04. Payments By Contractor.
Contractor shilll promptly pay when due all costs of labor employed and materials and
services furnished and used in the performance of the Work. The District shall have the right,
whenever it shall deem such procedure advisable, to make payments due to Contractor directly to
any subcontractor, material or equipment supplier, utility or transportation company, insurance
company, governmental agency or union trust fund for any work, labor, materials, equipment,
utilities, transportation, insurance premiums, taxes or the like, performed, furnished, rendered or
6
payable in connection With t~performance of the Work; unless Contractor has first delivered
written notice to the''District of a dispute with any such person and has furnished security
satisfactory to the District insuring against claims therefrom. Any payment so made shall be
credited against suIDs .due'Oontractor in the same manner as if such payment had been made
directly to Contractot-. The'provisions of this paragraph are intended solely for the benefit of the
District and shall not inure'to the benefits of any third persons, or obligate the District or it
sureties in any way: 1nc:any third-party.
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3.05. Final Clmms, Mediation and Arbitration.
If Article L5 applies, any "claim" as defined in Public Contract Code section 20 I04 shall
be filed with the Oistrictin Writing not later than 35 days after recordation of the notice of
completion. Any elIDrri',gllall inclurle all documents necessary to substantiate the claim. The
filing of a notice ofpo'Ential Claim under section 3.01 hereof shall be a condition precedent to
filing a final clai~ under this ,section. The District shall respond to any final claim of the
Contractor as pro~de(Iinp~#c Contract Code section 20104.2. If such claim is not resolved,
such claim shall be:inediatecfand arbitrated pursuant to Public Contracts Code sections 20104.2
through 20104.6. .;.;_
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ARTICLE IV.
'/'LEGA'L RELATIONS AND RESPONSIBILITY
4.00. ObserVance of All Laws.
The Contractur'shall keep himself fully informed of all existing and future state, federal,
county, municipal and local governmental laws, ordinances and regulations which in any manner
affect those'engaged employed in the Work, or the materials used in the Work, or which in
any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals
having any jurisdiction orauthority over the Work. The Contractor at all times shall observe and
comply with and shall cause all its agents and employees to observe and comply with all such
existing and future laws, ordinances, regulations, orders and decrees and shall protect and
indemnify the District and all officers and employees thereof connected with the Work, including
but not limited to the General Manager, against any claim or liability arising from or based on
the violation of any such law, ordinance, regulation, order or decree, whether by himself or his
employees. If any discrepancy or inconsistency is discovered in the Contract Documents in
relation to any such'law~ordinance, regulation, order or decree, the Contractor shall forthwith
report same in writing to th~ General Manager.
or
4.01. Business. and Professions Code Requirements.
The Contractot1sattention is directed to the provisions of Business and Professions Code
section 7028.15 conceming'thelicensing of contractors. All bidders and contractors shall be
licensed in accordance-with the laws ofthe State of California and any bidder or contractor not
so licensed is subject~o the penalties imposed by such laws.
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4.02. PaymentBoml:.
i,;.,
Before workis.~started on any subcontract, the Contractor shall deliver to the District a
payment bond meeting,alhthe following requirements:
(a)
The payment bond shall be in an amount not less than $35,000.
The bond sllall1?ein the form of a bond and not a deposit in lieu of a bond. The
bond'shall be executed by an admitted surety insurer.
(b) The payment bond shall provide that if the Contractor or a
subcontractor fails to pay any of the following, the surety will pay the obligation
and, if an-raction is brought to enforce the liability on the bond, a reasonable
attorney's .fee,to be fixed by the court:
~i:t.~.~1) Any
person that provides work for the Work, if the work is
. authorIzed by the Contractor, a subcontractor, or other person having
(:i\,c~e; ofall or part of the Work.
-.;;
~:,(2}Aniountsdue
under the Unemployment Insurance Code with respect
to work or labor performed pursuant to this Agreement.
.:- (3) Amounts required to be deducted, withheld, and paid over to the
... Empl{)yment Development Department from the wages of employees of
",-the contractor and subcontractors under Section 13020 of the
, -"Unemployment Insurance Code with respect to the work and labor.
(c) The payment bond shall be conditioned for the payment in full of the
claims of all claimants and by its terms inure to the benefit of any person that
provides work for the Work, if the work is authorized by the Contractor, a
subcontractor, or other person having charge of all or part of the Work, so as to
give a right of action to that person or that person's assigns in an action to enforce
the liability on the bond.
4.03. Labor Code Requirements.
The Contractor-shall pay prevailing wages for the appropriate job classification in
accordance with federal~ state and local laws, pursuant to the District's Labor Compliance Plan.
Additionally, the Contractor's attention is directed to the following sections of the Labor Code
with which the Contractor shall comply:
(a) " Hours of Labor. The Contractor shall comply with Labor Code
sections 1810thro~'1815 inclusive.
. (b);;\,J>revailing Wages and Payroll Records. The Contractor shall
comply with~bor Code sections 1773 through 1776 inclusive. The Contractor
shall be responsible:for seeing that his subcontractors comply with Labor Code
section 1776.'The penalties specified in Labor Code section 1776 for
noncomplianceJherewith may be deducted by the District from any monies due or, .
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which may become due to the Contractor. The payroll shall be accompanied by a
"Statement of Compliance" signed by the employer or his agent under penalty of
perjury indicating that the payrolls are correct and complete and that the wage
rates contained therein are not less than those required by this agreement. The
Contractor shall be responsible for the submission of copies of payrolls of all
subcontractors. The Contractor and each subcontractor shall preserve their payroll
records for a period of three years from the date of completion of this Agreement.
(c)
No Discrimination. The Contractor's attention is directed to the
provisions of Labor Code section 1735 which reads as follows:
"A contractor shall not discriminate in the employment of
persons upon public works on any basis listed in subdivision (a) of
Section 12940 of the Government Code, as those bases are defined
in Sections 12926 and 12926.1 of the Government Code, except as
otherwise provided in Section 12940 of the Government Code.
Every contractor for public works who violates this section is
subject to all the penalties imposed for a violation ofthis chapter."
(d)
Apprentices. The Contractor shall be responsible for compliance
with Labor Code section 1777.5 for all apprenticeable occupations with the
Contractor.
(e)
Workers' Compensation. The Contractor, by execution of this
Agreement, hereby complies with Labor Code section 1861 by certifying as
follows:
"Each contractor to whom a public works contract is awarded
shall sign and file with the awarding body the following
certification prior to performing the work of the contract: "I am
aware of the provisions of Section 3700 ofthe 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."
4.04.
Public Contract Code Requirements.
(a)
Noncollusion Affidavit. lfthe Contractor has submitted a bid for the
performance of the Work, the Contractor shall submit an affidavit to the District in the
form specified in Public Contracts Code section 7106.
(b)
Notification of Receipt of Third Party Claims. The District shall give the
Contractor timely notice of the District's receipt of any third party claim relating to this
Agreement. The Contractor shall reimburse the District pursuant to Public Contract Code
section 9201 (c) for the reasonable costs incurred by the District in providing the
notification required by this subsection 4.04(c).
9
4.05.
Conflict of Interest.
The Contractor agrees to comply fully with and be bound by the applicable provisions of
state and local laws related to conflicts of interest, including Section 87100 et seq. and Section
1090 et seq. of the Government Code of the State of California. Contractor represents that it is
familiar with these laws and certifies that it does not know of any facts that constitute a violation
of said provisions; and agrees to immediately notify the District if it becomes aware of any such
fact during the tenn of the Agreement.
Individuals who will perfonn work for the District on behalf ofthe Contractor might be
deemed consultants under state and local conflict of interest laws. If so, such individuals are
required to submit a Statement of Economic Interests, California Fair Political Practices
Commission Fonn 700, to the District within ten calendar days of the District notifying the
Contractor that the District has selected the Contractor.
It is the obligation of the Contractor as well as their subcontractors to determine whether
or not participation in this Agreement constitutes a conflict of interest.
4.06. Payment of Pennits, Licenses and Fees.
The Contractor shall pay for all pennits, licenses and other fees required to perfonn the
Work.
4.07. Responsibility for Damage.
,
"
.,
The District and all its officers and employees thereof connected with the Work,
including but not limited to the General Manager, shall not be answerable, responsible or
accountable in any manner for any loss or damage that may happen to the Work or any part
thereof, for any loss or damage to any ofthe materials or other things used or employed in
perfonning the Work, for injury to or death of any person, either workmen or the public, or for
damage to property from any cause which might have been prevented by the Contractor, its
workmen or anyone employed by the Contractor. The Contractor shall be responsible for any
liability imposed by law and for injuries to or death of any person, including but not limited to
workmen, and the public, or damage to property resulting from defects or obstructions or from
any cause whatsoever during the progress of the Work or at anytime before its completion and
final acceptance. The Contractor shall indemnify and save the District harmless and all its
officers and employees thereof connected with the Work, including, but not limited to the
General Manager, from all claims, suits or actions of every name, kind and description, brought
forth, or on account of, injuries to or death of any person, including but not limited to workmen
and the public, or damage to property resulting from the perfonnance of this agreement, except
as otherwise provided by law. The duty of the Contractor to indemnify and save harmless
includes the duties to defend as set forth in Civil Code section 2778. In addition to any remedy
authorized by law, so much of the money due the Contractor under and by virtue of this
agreement as shall be considered necessary by the District may be retained by the District until
disposition has been made of such suits or claims for damages. The Contractor shall indemnify
and hold harmless the District, its officers and employees from any and all claims, suits or
," actions regardless of the existence or degree offault or,negligence,on the part ofthe District, the
10
Contractor, the subcontractors or employees of any of these, other than the active negligence of
the District, its officers and employees.
4.08. Contractor's Responsibility for the Work.
The Contractor shall have the charge and care of the Work and of materials to be used
therein and shall bear the risk of injury, loss, or damage to any part thereof by the action of the
elements or from any other cause, whether arising from execution or from the non-execution of
the Work. The Contractor shall rebuild, repair, restore and make good all injuries, losses or
damages to any portion of the Work or the materials occasioned by any cause and shall bear the
expense thereof.
4.09. Guarantee.
The Contractor unconditionally guarantees all materials and workmanship furnished from
any defect appearing within one year after recordation of the notice of completion. The
Contractor shall replace at his expense to the satisfaction of the General Manager and the District
any and all materials and workmanship discovered to be defective within such period.
ARTICLE V.
MISCELLANEOUS PROVISIONS
5.00. Insurance.
The Contractor shall comply with the Insurance Requirements specified in part III. of the
Request for Proposals attached hereto as Exhibit B, which insurance coverage shall apply to all
claims of personal injury or property damage arising out of or related directly or indirectly to the
Work.
5.01. Notices.
Any notice, request, tender, demand, delivery, approval or other communication provided
for, required or arising under this Agreement shall be in writing and shall be deemed delivered if
delivered in person to an individual, or to an officer of a corporate party, or, if mailed, three
business days following deposit in the United States Mail, registered or certified, return receipt
requested, postage prepaid, addressed to the District at the District's Address or the Contractor at
the Contractor's Address, as the case may be, or at such address or addresses of which such party
may give notice in accordance with the provisions of this section.
5.02. Assignment.
The Contractor shall not assign this Agreement in whole or in part, and any such
assignment shall be null and void and shall constitute at the District's election a material breach
by the Contractor of this Agreement.
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5.03. Entire Agreement.
This Agreement supersedes any and all other agreements, either oral or in writing,
between the District and the Contractor with respect to the subject matter hereof and contains all
of the covenants and agreements between the parties with respect to such matter, and the District
and the Contractor hereby acknowledge that no representations, inducements, promises or
agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein, and that no other agreement, statement, or promise not
contained in this Agreement shall be valid or binding.
IN WITNESS WHEREOF, the District and the Contractor have caused this Agreement to
be executed as of the Effective Date.
TEHACHAPI-CUMMINGS COUNTY
WATER DISTRICT
By_~~
_
Harry M. Cowan
President, Board of Directors
[Name of Contractor]
By
_
[Name, Title]
_
, President
By
By
Lori Bunn
Secretary, Board of Directors
_
_
_ _ _ _ _ _ _, Secretary
"Contractor"
"District"
F:\376.00 - T-CCWD'Direct Install RFPIProfessional Services Agreement 7.11.14.doc
12
EXHffiITA
Public Contract Code, Article 1.5
20104. (a) (1) This article applies to all public works claims of
three hundred seventy-five thousand dollars ($375,000) or less whiCh
arise between a contractor and a local agency.
(2) This article shall not apply to any claims resulting from a
contract between a contractor and a public agency when the public
agency has elected to resolve any disputes pursuant to Article 7.1
(commencing with Section 10240) of Chapter 1 of Part 2.
(b) (1) "Public work" means "public works contract" as defined in
Section 1101 but does not include any work or improvement contracted
for by the state or the Regents of the University of California.
(2) "Claim" means a separate demand by the contractor for (A) a
time extension, (B) payment of money or damages arising from work
done by, or on behalf of, the contractor pursuant to the contract for
a public work and payment of which is not otherwise expressly
provided for or the claimant is not otherwise entitled to, or (C) an
amount the payment of which is disputed by the local agency.
(c) The provisions of this article or a summary thereof shall be
'set forth in the plans or specifications for any work which may give
rise to a claim under this article.
(d) This article applies only to contracts entered into on or
after January 1, 1991.
20104.2. For any claim subject to this article, the following
requirements apply:
(a) The claim shall be in writing and include the documents
necessary to substantiate the claim. Claims must be filed on or
before the date of final payment. Nothing in this subdivision is
intended to extend the time limit or supersede notice requirements
otherwise provided by contract for the filing of claims.
(b) (1) For claims ofless than fifty thousand dollars ($50,000),
the local agency shall respond in writing to any written claim within
45 days of receipt of the claim, or may request, in writing, within
30 days of receipt of the claim, any additional documentation
supporting the claim or relating to defenses to the claim the local
agency may have against the claimant.
(2) If additional information is thereafter required, it shall be
requested and provided pursuant to this subdivision, upon mutual
agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further
documented, shall be submitted to the claimant within 15 days after
receipt of the further documentation or within a period of time no
greater than that taken by the claimant in producing the additional
information, whichever is greater.
(c) (1) For claims of over fifty thousand dollars ($50,000) and
less than or equal to three hundred seventy-five thousand dollars
($375,000), the local agency shall respond in writing to all written
claims within 60 days of receipt of the claim, or may request, in
writing, within 30 days of receipt of the claim, any additional
documentation supporting the claim or relating to defenses to the
claim the local agency may have against the claimant.
(2) If additional information is thereafter required, it shall be
requested and provided pursuant to this subdivision, upon mutual
agreement of the local agency and the claimant.
(3) The local agency's written response to the claim, as further
documented, shall be submitted to the claimant within 30 days after
receipt of the further documentation, or within a period of time no
greater than that taken by the claimant in producing the additional
information or requested documentation, whichever is greater.
(d) If the claimant disputes the local agency's written response,
or the local agency fails to respond within the time prescribed, the
claimant may so notify the local agency, in writing, either within 15
days of receipt of the local agency's response or within 15 days of
the local agency's failure to respond within the time prescribed,
respectively, and demand an informal conference to meet and confer
for settlement of the issues in dispute. Upon a demand, the local
agency shall schedule a meet and confer conference within 30 days for
settlement of the dispute.
(e) Following the meet and confer conference, if the claim or any
portion remains in dispute, the claimant may file a claim as provided
in Chapter 1 (commencing with Section 900) and Chapter 2 (commencing
with Section 910) of Part 3 of Division 3.6 of Title 1 of the
Government Code. For purposes of those provisions, the running of the
period of time within which a claim must be filed shall be tolled
from the time the claimant submits his or her written claim pursuant
to subdivision (a) until the time that claim is denied as a result of
the meet and confer process, including any period of time utilized
by the meet and confer process.
(f) This article does not apply to tort claims and nothing in this
article is intended nor shall be construed to change the time
periods for filing tort claims or actions specified by Chapter 1
(commencing with Section 900) and Chapter 2 (commencing with Section
910) ofPart 3 of Division 3.6 of Title 1 of the Government Code.
20104.4. The following procedures are established for all civil
actions filed to resolve claims subject to this article:
(a) Within 60 days, but no earlier than 30 days, following the
filing or responsive pleadings, the court shall submit the matter to
nonbinding mediation unless waived by mutual stipulation of both
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parties. The mediation process shall provide for the selection within
15 days by both parties of a disinterested third person as mediator,
shall be commenced within 30 days of the submittal, and shall be
concluded within 15 days from the commencement of the mediation
unless a time requirement is extended upon a good cause showing to
the court or by stipulation of both parties. If the parties fail to
select a mediator within the IS-day period, any party may petition
the court to appoint the mediator.
(b) (1) If the matter remains in dispute, the case shall be
submitted to judicial arbitration pursuant to Chapter 2.5 (commencing
with Section 1141.10) of Title 3 of Part 3 of the Code of Civil
Procedure, notwithstanding Section 1141.11 of that code. The Civil
Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4
of the Code of Civil Procedure) shall apply to any proceeding brought
under this subdivision consistent with the rules pertaining to
judicial arbitration.
(2) Notwithstanding any other provision of law, upon stipulation
of the parties, arbitrators appointed for purposes of this article
shall be experienced in construction law, and, upon stipulation of
the parties, mediators and arbitrators shall be paid necessary and
reasonable hourly rates of pay not to exceed their customary rate,
and such fees and expenses shall be paid equally by the parties,
except in the case of arbitration where the arbitrator, for good
cause, determines a different division. In no event shall these fees
or expenses be paid by state or county funds.
'" (3) In addition to Chapter 2.5 (commencing with Section· H 41.10)
of Title 3 of Part 3 of the Code of Civil Procedure, any party who
after receiving an arbitration award requests a trial de novo but
does not obtain a more favorable judgment shall, in addition to
payment of costs and fees under that chapter, pay the attorney's fees
of the other party arising out of the trial de novo.
(c) The court may, upon request by any party, order any witnesses
to participate in the mediation or arbitration process.
20104.6. (a) No local agency shall fail to pay money as to any
portion of a claim which is undisputed except as otherwise provided
in the contract.
(b) In any suit filed under Section 20104.4, the local agency
shall pay interest at the legal rate on any arbitration award or
judgment. The interest shall begin to accrue on the date the suit is
filed in a court of law.
3