REQUEST FOR PROPOSAL
RFP # 10-19
ARCHITECTURAL AND ENGINEER SERVICES
FOR
SAN JOAQUIN GENERAL HOSPITAL
25-BED MEDICAL GUARDED UNIT REMODEL
DUE DATE: SEPTEMBER 17, 2010
San Joaquin County
Purchasing and Support Services
44 N. San Joaquin Street, Suite 540
Stockton, CA 95202-2931
BUYER: Geoff Sterling
gsterling@sjgh.org
TABLE OF CONTENTS
DESCRIPTION
PAGE
KEY ACTION EVENTS ............................................................................................................... 2
INTRODUCTION SHEET ............................................................................................................ 3
I
Project Overview ........................................................................................................... 3
II Delivery Method for Development of the Project ........................................................ 5
III Scope of Professional Services ................................................................................... 5
IV Schedule ........................................................................................................................ 8
V Other............................................................................................................................... 8
VI Format of Proposal…………………………………………………………………………….9
QUESTIONNAIRE .................................................................................................................... 11
SELECTION CRITERIA............................................................................................................ 12
GENERAL PROPOSAL REQUIREMENTS .............................................................................. 14
IDENTIFICATION SHEET.............................................................................................................
Prime Firm .......................................................................................................................... 18
Subconsultant Firms ......................................................................................................... 19
REFERENCES .............................................................................................................................
Prime Firm .......................................................................................................................... 20
Subconsultant Firms ......................................................................................................... 21
NON-COLLUSION AFFIDAVIT / PUBLIC CONTRACT CODE SECTION ................................ 22
SUBMITTAL OF PROPOSALS ................................................................................................ 23
PROPOSAL AUTHORIZATION / SIGNATURE PAGE ............................................................. 24
ATTACHMENTS & EXHIBITS
EXHIBIT “A” – 3C Unit Plan (under separate file) ........................................................... 25
EXHIBIT “B” – Sample Contract with Terms and Conditions......................................... 26
Architectural and Engineer Services for SJGH 25-Bed Medical Guarded Unit Remodel
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KEY ACTION EVENTS AND DATES
Listed below are the events and dates for this RFP. All dates are subject to revision.
Event No.
Description
Date
1.
Release of RFP
Mon., Aug. 30, 2010
2.
Mandatory Pre-Proposal Conference 10:00 AM, PDT
Tues., Sept. 7, 2010
3.
Last day for Proposers to submit questions
Thurs., Sept. 9, 2010
4.
Last day for County to answer questions
Mon., Sept. 13, 2010
5.
Proposal is due no later than 2:00 PM, PDT
Fri., Sept. 17, 2010
6.
Initial evaluation complete
Thurs., Sept. 23, 2010
7.
Oral presentation/interview (if required)
Thurs., Sept. 30, 2010
8.
Establish final ranking
Fri., Oct. 1, 2010
9.
Contract considered by Board of Supervisors
Tues., Oct. 26, 2010
10.
County issues Notice to Proceed
Fri., Oct. 29, 2010
11.
Consultant’s first working day
Mon., Nov. 1, 2010
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INTRODUCTION SHEET
The County of San Joaquin is soliciting Proposals for San Joaquin General Hospital.
Prospective Offerors are responsible for having full knowledge of this project and all issues
affecting it.
I.
Project Overview
San Joaquin County (County) intends to design and remodel the existing 3C Medical Surgical
25-bed Unit (3C Unit) in the newer wing within the San Joaquin General Hospital (Hospital)
into a 25-bed Medical Guarded Unit (MGU) available for the exclusive use of the California
Department of Corrections and Rehabilitation (CDCR) for CDCR patients. See Exhibit “A” –
3C Unit Plan Sheet. Several noteworthy items about the existing Hospital building include, but
are not limited to, the following:



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The existing Hospital 3C Unit was completed in 1996.
The existing Hospital 3C Unit is approximately 11,000 square feet.
The newer Hospital building has an SPC-4 rating.
Fire sprinkler bracing does not meet NPC-3 requirements.
Prior to the development of the MGU, the existing Hospital 3C Unit has already been modified,
by County staff, to create a controlled access Designated Unit (DU). This is an interim stage
which includes relatively minor modifications and physical security changes prior to the final
remodel of the unit into a MGU. The DU may be operational during the development and final
construction of the MGU.
The project will be to convert the 25-bed DU in the existing Hospital 3C Unit into a MGU that
has a higher level of physically enhanced security features that meet CDCR standards for
safety and security. The construction of the MGU is conditioned on the approval of the
California HealthCare Foundation (CHCF), by the State Public Works Board (SPWB), and
funding by the Pooled Money Investment Board (PMIB) or some other source of state funding,
which condition can be waived by CDCR. As such, CDCR will have a significant amount of
input and approval authority over the final design and construction of the MGU.
The County presently has a contract with CDCR to house CDCR patients. The CDCR
inmate/patients will be placed into the DU, and subsequently the MGU. The exceptions
include those patients who require a higher level of medical care or monitoring (such as in an
Intensive Care Unit) than is available on the MGU or any CDCR overflow patients when the
25-bed unit is full.
The County is required to initiate the development of plans and specifications to remodel the
Hospital 3C DU into a MGU in coordination with the CDCR and prepare the necessary
submittals to obtain State Fire Marshal approval and Office of Statewide Health Planning and
Development (OSHPD) approval.
The County shall consult with CDCR regarding the MGU to determine the physical
modifications necessary to meet CDCR and all other legally required standards. The County
shall seek bids from qualified construction contractors to construct the MGU. CDCR shall
have the opportunity to review the bids, participate in the selection of the construction
contractor, or any subsequent contractor making the modifications, and shall have final
approval of costs. The County shall select the initial construction contractor and any
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subsequent construction contractor, and shall arrange for the completion of the MGU pursuant
to the plans, specifications and submittals. The County shall be solely responsible for
retaining and compensating the construction contractor.
The MGU design or plans must be approved by:
California Department of Corrections and Rehabilitation
Custody Support Division
Donald Meier, Custody Support Specialist
Remodeling of the DU to the MGU may occur in phases and CDCR may occupy those
portions of the DU that are not being remodeled, as feasible. An agreement with CDCR
specifies the option to phase the project in 50% increments. One half of the unit would remain
occupied while the other half is under construction. CDCR has left room for discussion about
an option to completely empty the unit and implement the construction all at one time if this
option is financially and operationally viable for both CDCR and the County.
It is anticipated by the County that the MGU project will not be subject to the California
Environmental Quality Act or any other environmental review. As part of the Proposer’s
submittal, Proposer’s are to provide their professional opinions regarding what they perceive
to be the requirements, if any, for appropriate environmental review. If the Proposer’s
professional opinion is that environmental review will be required then the Proposer shall, as
part of their proposal, describe how this may impact project deliverability, project schedule,
project costs, etc. If environmental review is required, certain deliverables from the
architecture and engineering firm may be utilized for the environmental review process.
Facilities Management-Capital Projects will provide project management for the MGU project
in close coordination with Hospital staff. The County’s OSHPD certified Inspector-of-Record
will actively participate during the design and construction of the MGU.
The County will provide all available existing electronic AutoCAD electronic files of the
Hospital 3C Unit and other floors or areas, if necessary. These existing AutoCAD files are
“as-is”, will likely not reflect any DU modifications, and the County does not warrant or
guarantee the information contained in these files.
In general, the architectural and engineering services required for the MGU may include, but
are not limited to, the following:




Change the use of an existing medical surgical nursing wing from a Group I-2
occupancy to a Group I-3 occupancy.
Complete design and construction administration including OSHPD coordination,
State Fire Marshall coordination, and CDCR coordination.
Design that may include one, single construction phase or construction phasing for
partial occupancy during construction.
Fast track schedule. The County desires for the MGU to be constructed and
operational by December 2011.
It is the County’s intent to use the County’s OSHPD certified Inspector-of-Record in an
inspection role during construction. At the County’s sole discretion, the County may choose to
secure a construction management firm that would be separate from the architectural and
engineering firm. The architectural and engineering firm will be required, at a minimum, to
coordinate their professional services with the Inspector-of-Record and construction
management firm, if secured, while providing design assistance during construction.
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A MANDATORY pre-proposal conference will be conducted at the time and place listed
below:
Date:
Time:
Location:
Tuesday, Sept. 7, 2010
10:00 AM PDT
San Joaquin General Hospital
Hospital Administration Building
Administration Conference Room
500 West Hospital Road
French Camp, CA 95231
At the time of the pre-proposal conference, the DU will be operational. Accordingly,
prospective Proposers attending the pre-proposal conference will be escorted by County staff
to tour other Hospital areas very similar to the Hospital 3C Unit, such as the third floor 3B Unit
or the second floor 2C Unit.
II.
Delivery Method for Development of the Project
The County intends to follow the design-bid-build process for this project. A general outline of
the anticipated delivery approach to development of the project follows:
A. Preliminary Site Review – Conduct site investigations, programming and planning.
B. Specialty Building and Electronic Systems Services – Conduct surveys and provide
professional services for in-building communications and security surveillance.
C. Design, Bidding, and Construction Administration Professional Services – Conduct
professional design services as the Architect-of-Record and, if necessary,
assemble a highly qualified team of design professionals to assist in the delivery of
all required design and engineering services including, but not limited to: MGU
design; electrical, mechanical, and structural engineering; security surveillance and
consulting; other specialty design and engineering services; cost estimating, and
code and regulatory compliance.
III.
Scope of Professional Services
More specifically, the architectural and engineering services required for the MGU may
include, but are not limited to, the following:



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
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
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

Preliminary site review.
Construct sally port at unit’s entrance.
Add electronic locks.
Harden adjacent partitions, rooms, corridors and building intersections.
Replace patient room suspended acoustical grid t-bar with gyp board ceiling.
Replace patient room in-swinging with out-swinging lockable doors.
Provide interior window barriers consisting of metal screening on tube steel framing at
all exterior windows.
Revise plumbing fixtures to detention type fixtures including the removal of a bathtub.
Provide compliant sprinkler pipe bracing and security sprinkler heads.
Provide anti-tamper conventions for all building accessories such as heating,
ventilation and air conditioning (HVAC) grilles, switch plates, etc.
Modify DU armory to MGU standards.
Provide a Central Control room.
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
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Provide security electronics and, at a minimum, security surveillance of the sally port.
Integrate DU security surveillance.
Prepare necessary submittals to obtain CDCR, State Fire Marshal, OSHPD, and other
regulatory agency approvals.
With County authorization, coordinate and conduct the regulatory agency approval
process on behalf of the County.
The consultant’s responsibilities will include, but are not limited to:
A. Pre-Design Services



Programming and Adjacency Diagrams
Space Schematics and Flow Diagrams
Regulatory Agency Consulting
B. Site Analysis




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Space Development Planning
Space Utilization Studies
Circulation Studies
Utility Studies
Research Regulatory Requirements
C. Design

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

Design Development
Design and Engineering - 35% Schematic-Design Document Submittal, 80%
Construction Document Submittal, 99% Construction Document Submittal, and
100% Construction Document Submittal including CDCR, State Fire Marshall,
OSHPD comments
Security Design
Value Engineering Analyses
Materials Research
Detailed Cost Estimating
Regulatory Agency Submittals
Attend weekly or bi-monthly meetings, at the County’s discretion, to update the
County on design progress and seek feedback
Attend regulatory agency meetings, as necessary, to secure project development
approvals.
D. Procurement


Securing Regulatory Approvals and Permits
Bidding and Contracting assistance including but not limited to:
- Prepare Bid Package Plans, Specifications and Engineer’s Estimate
- Pre-Bid Conferences
- Clarifications and Addenda
- Evaluation of Bids
- Analysis of Substitutions/Alternates
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E. Construction Phase
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Construction Administration
Project Meetings
Quality Assurance
Contractor Submittal/Shop Drawing Reviews
Contractor Pay Requests/Change Order Reviews
Review Contractor Claims
Expedited Processing of Requests For Information
F. Project Closeout/Warranty

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Punchlist Inspections
Record Drawings (as-builts in hard copy scale-correct format and electronic
AutoCAD 2007 format)
Start-Up Assistance
Review Operations and Maintenance Systems
Final Regulatory Approvals
Warranty Support
The consultant shall develop a work plan which delineates the approach to be employed to
complete the architecture and engineering work. The consultant shall demonstrate an
understanding of the scope of professional services, refine and/or expand the scope of
services to reflect the consultant’s approach to completing the work and the consultant’s
capability to deal with the required scope of services within the proposed schedule.
As part of the Proposer’s submittal, Proposer’s are to provide their professional opinions and
experience regarding the standard OSHPD review and approval process and how this may
impact project deliverability, project schedule, project costs, etc. Proposers shall provide
detailed information regarding their previous experience with the OSHPD review and approval
process on a project similar to the County’s proposed MGU as part of the Proposer’s
submittal.
As noted above, it is anticipated by the County that the County and CDCR shall pursue CDCR
approval to remodel the DU into the MGU in one, single phase without CDCR occupancy
versus multi-phased construction with partial CDCR occupancy during construction. As part
of the Proposer’s submittal, Proposer’s are to provide their professional opinions regarding
these two proposed MGU construction approaches including how each may impact project
deliverability, project schedule, project costs, etc. If Proposers have previous experience with
single-phase and/or multiple-phase construction of a MGU, then the Proposer shall provide
detailed information regarding their previous experience as part of the Proposer’s submittal.
The County is precluded by the CDCR agreement from disclosing any security modifications.
Accordingly, Design Documents, Construction Documents, and associated working papers
and files will be considered confidential and/or restricted information.
IV.
Schedule
The timely completion of the various tasks outlined in this RFP are essential to assure the
successful advancement of the project and assure project development and delivery. The
consultant shall prepare a progress schedule clearly showing the various work tasks and the
estimated time required for completion of each task. The schedule shall also show how the
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various tasks and activities relate to each other in terms of interdependence to allow
determining a critical path. The progress schedule shall also indicate major milestones,
review stages, and other items critical to complete the architecture and engineering work,
including appropriate CDCR, State Fire Marshal, OSHPD, and other regulatory agency
approvals.
Consultants shall prepare a fast track schedule. The County desires for the MGU to be
constructed and operational by December 2011. The schedule shall clearly identify, at a
minimum, the following deliverables: 35% Schematic-Design Document Submittal, 80%
Construction Document Submittal, 99% Construction Document Submittal, and 100%
Construction Document Submittal including CDCR, State Fire Marshall, OSHPD comments.
For scheduling purposes, the consultant should be aware that the County’s process to
approve plans and specifications/authorize advertisement, bid, and award a public works
project is approximately 10 weeks. This process should be included in the consultant’s
proposed schedule. The schedule shall clearly identify, based on the consultant’s work plan,
when MGU construction would be anticipated to start and end.
Architecture and engineering firms responding to the County’s RFP are expected to be
thoroughly familiar with the CDCR, State Fire Marshall, and OSHPD procedural and
documentation requirements for submittals and the award of a construction contract.
The consultant is encouraged to develop additional detail regarding the project schedule,
suggest changes within the constraints of the duration and end dates and suggest changes for
timely project delivery and/or to reduce cost.
The consultant shall diligently pursue and coordinate the various tasks necessary to complete
the work and to proceed according to the schedule in an orderly and timely manner. The
County reserves the right, at the County’s discretion, to take over the design efforts with its
own forces or others if the architectural and engineering work is not proceeding in a timely
manner. Upon written request by the County, the consultant shall immediately turn over to the
County all documents, records, papers, plans, drawings, and copies of electronic files,
whether finished or not, generated or supplied by the consultant in connection with the
performance of services related to this architectural and engineering work.
V.
Other
A. Consultant Expertise – Consultants are anticipated to include, but are not limited to,
the following professional expertise during the MGU design and engineering process:
1.
2.
3.
4.
5.
6.
7.
health care facilities planners
correctional planners
architects
engineers
security and electronics specialists
space planners
cost estimators
It is understood that some of the MGU features and facilities may require specialty
professional expertise in the design of these features and facilities.
B. Project Understanding – Respondents are expected to be familiar with CDCR’s
organization, process and approach to MGU development as locked, physically
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enhanced, secured units meeting California Building Code and prison standards for
safety and security.
MGU development, design, and construction, as well as the planned scope of services
and reflection of this knowledge should be evidenced in the Proposal. To be
successful, Proposers must be able to demonstrate their ability in meeting the
proposed fast track schedule, staying within cost limitations, and providing a quality
project of similar nature to the project described in this RFP. Proposers must be able
to clearly demonstrate their knowledge and experience related to the design and
engineering of a MGU. Respondents should be well-versed in the California Code of
Regulations Title 15 and Title 24. Proposers must be prepared for an intensive, highly
interactive design process, and be able to demonstrate that their proposed team
structure and personnel can support this effort.
C. Firms responding to the County’s RFP are expected to be thoroughly familiar with the
CDCR’s procedural and documentation requirements for the performance of their
work, billing and invoice requirements, and the appropriate project administration and
accounting to allow the County to fully claim these expenditures for CDCR
reimbursement. Project administration and accounting will be required to follow the
CDCR’s procedural and documentation requirements and generally acceptable
accounting principles; and satisfy a third-party audit.
VI.
Format of Proposal
The County is precluded by the CDCR agreement from disclosing any security modifications.
Accordingly, proposals submitted in response to this RFP will be considered confidential
and/or restricted information.
The agreement with CDCR allows for the selection between 2 construction alternatives: one in
phases which allows some of the MGU to be occupied and the other which would
demonstrate the financial and construction benefits of doing the project all at once at an
accelerated pace. Proposers are requested to submit each alternative, a pros and cons
comparison, estimated cost comparison, and detailed delivery schedule comparison.
Proposer shall submit ONE (1) reproducible, unbound colored original and SEVEN (7) bound
colored copies of their proposal. Proposals should be prepared simply and economically,
providing straight forward, concise information. Emphasis should be on completeness and
clarity of content. Proposals shall be limited to fifty (50) one-sided pages (8 ½ inches by 11
inches), inclusive of resumes and graphics, but excluding front and back covers and dividers.
Proposal shall be single-spaced with a font no smaller than 12 point. The body of the
proposal shall include, but not be limited to, the following minimum information:

Project Team Capabilities; including an executive summary and organizational chart.

Statement of Qualifications; for both prime firms and subconsultants, and including key
personnel within each.

Approach and Work Plan; must clearly delineate between major and minor work tasks,
identify who will be performing the services including quality assurance and control,
and identify the level of effort and hours allotted to each task.
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
Comprehensive Schedule; must reflect the time frames and person hours,
interdependent milestones, and the date of each milestone, submittal, work product,
deliverable, etc.

Man Hours; shall include person hours broken down by task, employee, and position
classification and give the total number of person hours required to complete the entire
scope of professional services. This information, without any cost component, must be
provided to determine the level of effort allotted each task.

Responses to the following questionnaire.
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QUESTIONNAIRE
1. Describe your firm’s process for preparing an architectural program and providing design
and engineering services including schematic designs, design development, and
construction documents for a CDCR Medical Guarded Unit.
2. Describe the internal management systems and methods to be employed in the
performance of each facet of the work, including the following:
a. Quality Control: describe how quality control and design/peer review coordination will
be performed, monitored, documented and assured within your organization.
b. Schedule Management: describe in detail management tools and controls that will be
put in place and utilized on a continual basis to ensure that production and schedule
requirements are fulfilled. Include an example of a schedule.
c. Cost Management System: describe in detail how your firm will track projected costs
during the design process. Describe the process you will use to bring the estimated
costs back in line with the budget should this system indicate the budget is going to be
exceeded. Provide three narrative examples of previous value engineering completed
within the last 5 years, including the name and current phone number of the
owner/contact person.
d. Construction support management: describe your team’s process for handling
submittals, RFI’s, and preparation of design bulletins during the construction support
phase. Indicate who will be responsible for conducting and managing this phase and
how it will be staffed by both you and your subconsultants.
3. Describe the organization, resources, roles, and responsibilities of your proposed team
including all of the following:
a. Provide a chart(s) that outlines the organizational approach and identified key
personnel and their roles for the Project.
b. Provide information to show that your proposed team has suitable resources available
to ensure satisfactory completion of the work.
c. Provide information of your firm’s financial capability and stability.
4. Provide the following information regarding your team’s current and past project
experience conducting design and engineering of a CDCR Medical Guarded Unit in
California. This list will include:
a.
b.
c.
d.
e.
f.
Project name
Construction budget
Design start and completion dates (planned and actual)
Construction start and completion dates
Firm’s role in the Project
Owner/contact person and current telephone number
5. Provide a list of construction management and program management firms with whom you
have worked or are currently working. Indicate project names, dates, contact persons,
and current telephone numbers.
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SELECTION CRITERIA
Following the deadline for receipt of proposals, all proposals submitted will be analyzed and
reviewed by a review panel consisting of representative(s) of SJGH, SJC Facilities
Management-Capital Projects and Purchasing Department.
The RFP process, the County reserves the right to negotiate a contract based on all factors
involved in the written proposal without further discussion or interview.
Proposals will be evaluated for cost and compliance with all requirements set forth in this
RFP, including timely submission and provision of all documents requested; and for the
following minimum requirements:
San Joaquin County will appoint a selection committee to evaluate the proposals received
taking into consideration, but not limited to, qualifications and experience, past record and
experience with similar projects, ability of professional personnel, subconsultant’s experience
and knowledge, approach to the Project and work plan, timeliness of performance, location,
workload of the firms, and ability to maintain budget considerations and cost. The
qualifications and experience of subconsultants will be included in the evaluation. Technical
proposal criteria will be as follows:
Prime/Subconsultant Project Team Capabilities
Statement of Qualifications
Project Approach and Work Plan
Project Schedule
Primary Reference(s) – CDCR Medical Guarded Unit
Total
10%
10%
30%
15%
10%
75%
At the time of submitting technical proposals, firms shall submit a cost proposal in a separate
and sealed envelope as follows:

Cost Proposal which shall include detailed fee schedules and person hours broken
down by task, employee, and position classification with costs and give the total
number of person hours and other direct costs required to complete the entire scope of
professional services.
The cost proposal shall consist of a “not-to-exceed” cost quotation along with task hours,
personnel rates and other costs. Cost information should include statements or schedules
sufficient to allow the determination of the itemized hours per task, levels of effort allotted to
each task, and cost per task. The cost proposal shall include a separate itemization for each
major task or milestone and a summary of all costs proposed. The cost proposal will be used
as a starting point for contract negotiations with the most preferred firm. The cost proposal
must be valid for a period of ninety (90) days. Cost proposal criteria will be as follows:
Not-To-Exceed Cost Proposal
25%
Based on the evaluation of technical proposals received, the selection committee may
produce a shortlist of the two (2) most qualified firms and require oral presentations and
interviews. The County reserves the right to increase or decrease, at the County’s discretion,
the number of firms to be shortlisted. Those firms invited to interviews will be notified of the
location, dates, and times of their interviews.
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On the basis of the evaluation of technical proposals; reference checks; oral presentations
and interviews, if required; and cost proposals, the San Joaquin County Purchasing and
Support Services will then contact the most preferred firm and proceed to finalize a contract
for the Board of Supervisor’s approval. The County Purchasing and Support Services
reserves the right to reject any and all proposals; and to waive any informality, technical
defects, or clerical errors in any proposal, as the best interest of the County may require.
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GENERAL PROPOSAL REQUIREMENTS
1.
BASIS FOR SELECTION AND CONDITIONS
The responsiveness, competency and responsibility of Proposer and of their proposed
subcontractors will be considered in making the award of contract. Any Proposer
before being awarded a contract may be required to furnish evidence satisfactory to
the County that Proposer and their proposed subcontractors have sufficient means
and experience in the type of work called for to assure completion of the contract in a
satisfactory manner. The County reserves the right to reject the proposal of any
Proposer as not responsible and not qualified to do the particular work under
consideration who have previously failed to perform properly or to complete on time
contracts with the County of a nature similar to this project. Other factors that may be
considered by the County to determine a responsible proposal and the overall
capability of the Proposer to satisfactorily complete the work under consideration may
include, but are not limited to: insufficient experience, experience on other public
projects, experience doing the same type of work, length of tenure and capacity with
bonding or insurance company, financial stability, and whether a Proposer has been
terminated on other projects.
A responsive proposal is one that meets all terms, conditions, and specifications of the
RFP. The bid must comply with the content requirements of the RFP documents. The
Proposer must perform and do what the RFP documents and contract required and
said they must do, whether it be pricing in a certain way, attending a mandatory prebid conference, providing bonds, etc. Other examples where a proposal might be
declared and found to be non-responsive include:
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Proposal is substantially incomplete
Proposal is not signed
Proposal is delivered late
No acknowledgement of critical addenda
Significant discrepancies appear in the response
A responsive proposal conforms to RFP specifications. However, a proposal which
substantially conforms, though not strictly responsive, to a call for proposals may be
accepted if the variance cannot have affected the amount of the proposal or given a
Proposer an advantage or benefit not allowed other Proposers or, in other words, if the
variance is inconsequential. The County reserves the right to reject any and all
proposals or alternatives and waive any informality or irregularity in the proposals or in
the bidding, and to determine responsiveness and responsibility of Proposer, including
but not limited to those areas mentioned above.
2.
LOCAL VENDOR PREFERENCE:
The County of San Joaquin has a 5% local vendor preference; however the preference
shall not exceed $5,000.00 per bid. Click on the link below to view San Joaquin
County’s Policy and Procedures.
http://www.sjgov.org/SupportServ/dynamic.aspx?id=10217
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3.
SAN JOAQUIN COUNTY GREEN PURCHASING POLICY:
San Joaquin County has a Green Purchasing Policy, please click on the link to view.
http://www.sjgov.org/SupportServ/dynamic.aspx?id=10128
4.
SUBMITTAL FORMAT
A.
Forms to be included in your response are listed below:
1. Identification Sheet
2. W-9
3. Licenses / Certifications as required
4. References
5. Addendum(s)
Vendors are to indicate acknowledgement, sign, and return Addendum(s)
with their response. The County reserves the right to reject any responses
deemed to be non-responsive.
The agreement with CDCR allows for the selection between 2 construction alternatives: one in
phases which allows some of the MGU to be occupied and the other which would
demonstrate the financial and construction benefits of doing the project all at once at an
accelerated pace. Proposers are requested to submit each alternative, a pros and cons
comparison, estimated cost comparison, and detailed delivery schedule comparison.
Proposer shall submit ONE (1) reproducible, unbound colored original and SEVEN (7) bound
colored copies of their proposal. Proposals should be prepared simply and economically,
providing straight forward, concise information. Emphasis should be on completeness and
clarity of content. Proposals shall be limited to fifty (50) one-sided pages (8 ½ inches by 11
inches), inclusive of resumes and graphics, but excluding front and back covers and dividers.
Proposal shall be single-spaced with a font no smaller than 12 point. The body of the
proposal shall include, but not be limited to, the following minimum information:
 Project Team Capabilities; including an executive summary and organizational chart.
 Statement of Qualifications; for both prime firms and subconsultants, and including key
personnel within each.
 Approach and Work Plan; must clearly delineate between major and minor work tasks,
identify who will be performing the services including quality assurance and control,
and identify the level of effort and hours allotted to each task.
 Comprehensive Schedule; must reflect the time frames and person hours,
interdependent milestones, and the date of each milestone, submittal, work product,
deliverable, etc.
 Man Hours; shall include person hours broken down by task, employee, and position
classification and give the total number of person hours required to complete the entire
scope of professional services. This information, without any cost component, must be
provided to determine the level of effort allotted each task.
5.
SPECIFICATION CHANGES:
The County may, during the proposal period, advise the Proposer in writing of
additions, omissions, or alterations in the specifications. Changes shall be included in
the RFP and become part of the specifications as if originally submitted.
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6.
AMENDMENTS:
No one is authorized to amend this proposal in any respect, by an oral statement, or to
make any representation or interpretation in conflict with the provisions of this RFP. If
necessary, supplementary information in addendum form will be prepared and posted
on the “Purchasing Open Bids” website. It is the Proposer’s responsibility to obtain,
sign and submit all addendum(s) for the RFP at:
http://www.sjgov.org/supportserv/Control/PurchasingBids.asp
Failure of Proposer to not submit signed addendum(s) with their proposal shall
be cause for rejection.
Any exceptions taken to this RFP shall be clearly stated in writing.
7.
RFP WITHDRAWAL:
Any Proposer may withdraw their proposal, either personally or by written request, at
any time prior to the date and time due.
8.
RIGHT TO REJECT PROPOSALS:
San Joaquin County reserves the right to reject any and all proposals, or any part of a
proposal; to waive minor defects or technicalities; or to solicit new proposals on the
same project or modified project, which may include portions of the original RFP
document, as the County may deem necessary and in its best interest. False,
incomplete or unresponsive statements in connection with a submitted proposal may
be sufficient cause for rejection. The County will be the sole judge in making such
determinations.
9.
EXAMINE SPECIFICATIONS:
Proposer shall thoroughly examine and be familiar with the specifications herein.
Failure or omission of any Proposer to receive or examine any form, instrument,
addendum or other document, or become acquainted with existing conditions, shall in
no way relieve Proposer from any obligations with respect to Proposer’s offer or to the
contract. Submission of a proposal shall be taken as prima facie evidence of
compliance with this section.
10.
SITE INSPECTION:
Proposers shall have examined the work sites, and shall be responsible for having
acquired full knowledge of the job and of all issues affecting it. No variations or
allowances from the contract sum will be made because of lack of such examination.
11.
ALL RFP DOCUMENTS PART OF FINAL CONTRACT:
Any RFP documents, letters and materials submitted by the Proposer shall be binding
and included as part of the final contract. Unauthorized conditions, limitations or
provisions attached to proposals may cause its rejection.
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12.
EXCEPTIONS:
Any exceptions to this RFP must be stated in your proposal. It is otherwise assumed
that the wording within this document is acceptable and agreed to by the Proposer.
13.
RESULTING CONTRACT:
Through the RFP process, the County reserves the right to negotiate a contract based
on all factors involved in the written proposal without further discussion or interview.
The performance of the contract resulting from this proposal shall be governed,
construed and interpreted according to the laws of the State of California.
Terms and Conditions of a resulting contract shall be those of Exhibit B “Sample
Contract”. Any contentions must be submitted with your RFP.
14.
NOTICE:
Any notice, demand, request, consent approval or communication that either party
desires or is required to give the other party shall be in writing and either serviced
personally or sent by pre-paid first-class mail, or the equivalent thereof by private
carrier. Any such writing shall be addressed to County of San Joaquin, Purchasing
Department, 44 N. San Joaquin Street, Suite 540 Stockton, CA, 95202-2931,
Attention: Geoff Sterling, RFP 10-19
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IDENTIFICATION SHEET
(TO BE COMPLETED BY THE PRIME FIRM)
RESPONDENT TO COMPLETE AND RETURN WITH PROPOSAL
Type or print the following information:
Legal Name of Firm
Type of Organization (Partnership, Corporation, etc.)
Corporation and Federal Employer Identification Numbers
Firm’s Street Address
City
State
Zip Code
Authorized Official
Title
(
)
Telephone
E-mail
(
)
Fax
Years in business
Number of Employees
Name of Insurance Carriers
Public Liability
Expires
Workers’ Compensation
Expires
Principal-In-charge, Title, and License Number
Project Manager, Title, and License Number
Person to Whom Project Correspondence Should Be Directed
Title
E-mail
(
)
Telephone
(
)
Fax
Street Address Where Correspondence Should Be Sent
City
State
Zip Code
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IDENTIFICATION SHEET
(TO BE COMPLETED BY EACH SUBCONSULTANT FIRM)
RESPONDENT TO COMPLETE AND RETURN WITH PROPOSAL
Type or print the following information:
Legal Name of Firm
Type of Organization (Partnership, Corporation, etc.)
Corporation and Federal Employer Identification Numbers
Firm’s Street Address
City
State
Zip Code
Authorized Official
Title
E-mail
(
)
Telephone
(
)
Fax
Years in business
Number of Employees
Name of Insurance Carriers
Public Liability
Expires
Workers’ Compensation
Expires
Principal-In-charge, Title, and License Number
Project Manager, Title, and License Number
Person to Whom Project Correspondence Should Be Directed
Title
E-mail
(
)
Telephone
(
)
Fax
Street Address Where Correspondence Should Be Sent
City
State
Zip Code
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REFERENCES
(TO BE COMPLETED BY THE PRIME FIRM)
RESPONDENT TO COMPLETE AND RETURN WITH PROPOSAL
SIMILAR SERVICES PERFORMED: List below contracts under which the Proposer has
provided similar services of similar nature (CDCR Medical Guarded Unit) during the past five
(5) years.
Proposer’s qualifications and experience, past performance, ability of professional personnel,
timeliness of past performance, project budget and cost considerations, financial stability, and
technical and support capabilities may be verified through reference checking, which may
include site visits and contact with other clients or vendors. In addition, reference checking
may include previous working relationships with subconsultant Project team members.
FIRM NAME:
ADDRESS:
PHONE NUMBER:
CONTACT PERSON:
DATE OF CONTRACT:
through
FIRM NAME:
ADDRESS:
PHONE NUMBER:
CONTACT PERSON:
DATE OF CONTRACT:
through
FIRM NAME:
ADDRESS:
PHONE NUMBER:
CONTACT PERSON:
DATE OF CONTRACT:
through
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REFERENCES
(TO BE COMPLETED BY EACH SUBCONSULTANT FIRM)
RESPONDENT TO COMPLETE AND RETURN WITH PROPOSAL
SIMILAR SERVICES PERFORMED: List below contracts under which the Subconsultant has
provided similar services of similar nature (CDCR Medical Guarded Unit) during the past five
(5) years.
Subconsultant’s qualifications and experience, past performance, ability of professional
personnel, timeliness of past performance, project budget and cost considerations, financial
stability, and technical and support capabilities may be verified through reference checking,
which may include site visits and contact with other clients or vendors. In addition, reference
checking may include previous working relationships with the prime firm.
FIRM NAME:
ADDRESS:
PHONE NUMBER:
CONTACT PERSON:
DATE OF CONTRACT:
through
FIRM NAME:
ADDRESS:
PHONE NUMBER:
CONTACT PERSON:
DATE OF CONTRACT:
through
FIRM NAME:
ADDRESS:
PHONE NUMBER:
CONTACT PERSON:
DATE OF CONTRACT:
through
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NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and Public Contract Code Section 7106)
In accordance with Title 23, United States Code Section 112, and Public Contract Code 7106,
the bidder declares that the proposal is not made in the interest of, or on behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the
proposal is genuine and not collusive or sham; that the Proposer has not directly or indirectly
induced or solicited any other proposer to submit a false or sham proposal, and has not
directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone
else to put in a sham proposal, or that anyone shall refrain from proposing; that the Proposer
has not in any manner, directly or indirectly, sought by agreement, communication, or
conference with anyone to fix the proposal price of the Proposer or any other proposer, or to
fix any overhead, profit or cost element of the proposal price, or of that of any other proposer,
or to secure any advantage against the public body awarding the contract of anyone
interested in the proposed contract; that all statements contained in the proposal are true; and
further, that the Proposer has not, directly or indirectly, submitted their proposal price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or
paid, and will not pay, any fee to any corporation, partnership, company, association,
organization, proposal depository, or to any member or agent thereof to effectuate a collusive
or sham proposal.
NOTE:
The above Non-collusion Affidavit is part of the Proposal. Signing this Proposal on
the signature portion thereof shall also constitute signature of this Non-collusion
Affidavit.
Proposers are cautioned that making a false certification may subject the
certifier to criminal prosecution.
Proposer’s Signature ____________________________ Date ______________________
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SUBMITTAL OF PROPOSALS
Sealed Proposals will be received at the Office of the Purchasing Agent at 44 N. San Joaquin
Street, Suite 540, Stockton, CA 95202-2930, until 2:00 PM PDT on Friday, September 17,
2010.
ALL PROPOSALS SHALL BE ADDRESSED AS FOLLOWS:
Request for Proposal 10-19
Purchasing Agent
County of San Joaquin
44 N. San Joaquin Street, Suite 540
Stockton, CA 95202-2931
The Proposal envelope shall have stated thereon the name and address of the submitting
Contractor.
PROPOSALS WILL NOT BE ACCEPTED AFTER 2:00 PM PDT on Friday, September 17,
2010.
ALL PROPOSALS RECEIVED AFTER SAID TIME AND DATE WILL BE TIME-STAMPED
AND RETURNED UNOPENED TO THE SUBMITTER.
THE COUNTY WILL NOT ACCEPT PROPOSAL RESPONSES SUBMITTED BY FAX OR
EMAIL.
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PROPOSAL AUTHORIZATION / SIGNATURE PAGE
The undersigned, having carefully read and examined this RFP, and being familiar with (1) all
the conditions applicable to the work for which this proposal is submitted; (2) with availability
of the required equipment, materials and labor hereby agrees to provide everything necessary
to complete the work for which this proposal is submitted in accordance with the proposal
documents for the amounts quoted herein and further agrees that if this proposal is accepted,
within five (5) days after the contract is presented for acceptance, will execute, and mail a
signed contract to the County of San Joaquin Purchasing Agent.
In addition, by submission of a proposal, Proposer attest to having possession of a duly
issued valid license issued by the State of California. Such license authorizes a Proposer to
contract to perform type of work required by the specifications. Should the Proposer fail to
provide the number and classification of Proposer’s State of California Contractor’s License,
the County may reject your Proposal.
This Signature/Authorization page must be in your Proposal.
___________________________________
Signature of Authorized Agent
__________________
Date
_________________________________
Printed Name of Authorized Agent
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EXHIBIT ‘A’
UNIT 3C UNIT PLAN
(under separate file)
We have provided Exhibit “A” in three forms for your convenience.
A Zipped CAD file with reference files.
A 30” x 42” PDF file – “scale correct”
An 11” x 17” PDF file – easy print out (NOT “scale correct”)
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EXHIBIT “B”
“SAMPLE CONTRACT”
INDEPENDENT CONTRACTOR AGREEMENT
SAN JOAQUIN COUNTY
CONTRACT ID#
Contract Amount $
PARTIES:
COUNTY:
County of San Joaquin
Purchasing & Support Services
44 N. San Joaquin Street, Suite 540
Stockton, CA 95202-2931
With copies to:
County of San Joaquin
CONTRACTOR:
Name
Address
City
Contact Name
Contact Phone #
Contact Email:
This Agreement is made and entered into this _____________day of _____________,
200____, by and between ___________________, an Independent CONTRACTOR
(hereinafter “CONTRACTOR”), and San Joaquin County, a political subdivision of the
State of California for ________________(hereinafter “COUNTY”).
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ORDER OF PRECEDENCE
Each of the items listed below is hereby incorporated into this Agreement by this
reference. In the event of an inconsistency in this Agreement, the inconsistency shall be
resolved by giving precedence in the following order:
1.
1.
Applicable Federal and State of California statutes and regulations, this
Agreement and its exhibits.
2.
COUNTY Request for Proposal Number ____________.
3.
CONTRACTOR’S Proposal dated ___________________.
Scope of Professional Services:
CONTRACTOR agrees to provide services
CONTRACTOR shall perform the CONTRACTOR’S work in accordance with
currently approved methods and standards of practice in the CONTRACTOR’S
professional specialty.
2.
Term of Agreement:
This Agreement shall commence
, 200__ through________, 200__, unless
said work is completed on a date prior thereto or unless terminated earlier as
provided herein or extended upon mutual agreement.
3.
Interpretation:
This Agreement shall not be interpreted in favor of any Party by virtue of said
Party not having prepared this Agreement.
If any time period provided for in this Agreement ends on the day other than a
Business Day, the time period shall be extended to the next Business Day.
4.
Compensation:
COUNTY agrees to pay CONTRACTOR an hourly amount of ($). The total
payments made for services performed pursuant to this Agreement shall not
exceed ________________ DOLLARS ($00,000.00).
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5.
Invoicing:
CONTRACTOR shall submit one original and one copy of each invoice to County
of San Joaquin, ___________________________________________________
All invoices must reference this Agreement Number/Contract ID # and the
service performed. Payments shall be made within 30 days of receipt of invoice
from CONTRACTOR.
6.
CONTRACTOR’S Status:
In the performance of work, duties and obligations imposed by this Agreement,
the CONTRACTOR is at all times acting as an Independent CONTRACTOR
practicing his or her profession and not as an employee of the COUNTY. A
copy of CONTRACTOR’S current professional, local, state or other
business licenses required to conduct the services stated herein, will be
provided to COUNTY. The CONTRACTOR shall not have any claim under this
Agreement or otherwise against the COUNTY for vacation, sick leave, retirement
benefits, social security or workers’ compensation benefits. The CONTRACTOR
shall be responsible for federal and state payroll taxes such as social security
and unemployment. COUNTY will issue a Form 1099 at year-end for fees
earned.
7.
Assignments:
Inasmuch as this Agreement is intended to secure the specialized services of the
CONTRACTOR, CONTRACTOR may not assign, transfer, delegate or
subcontract their obligation herein without the prior written consent of San
Joaquin County. Any such assignment, transfer, delegation or subcontract
without the prior written consent shall be considered null and void.
8.
Non Exclusive Rights:
This Agreement does not grant to CONTRACTOR any exclusive privileges or
rights to provide services to COUNTY. CONTRACTOR may contract with other
counties, private companies or individuals for similar services.
9.
Indemnification:
CONTRACTOR shall, at its expense, defend, indemnify and hold harmless the
County of San Joaquin and its employees, officers, directors, contractors and
agents from and against any losses, liabilities, damages, penalties, costs, fees,
including without limitation reasonable attorneys’ fees, and expenses from any
claim or action, including without limitation for bodily injury or death, to the extent
caused by or arising from the active and/or passive negligence or willful
misconduct of CONTRACTOR, its employees, officers, agents or Subcontractors.
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CONTRACTOR shall hold the COUNTY, its officers and employees, harmless
from liability, of any nature or kind on account of use of any copyrighted, or uncopyrighted composition, secret process, patented or un-patented invention
articles or appliance furnished or used under this order.
10.
Insurance:
CONTRACTOR, shall submit proof of insurance with liability limits as set forth
below to the Purchasing Department showing COUNTY, its officers, employees,
agents and volunteers named as Additional Insured to include ongoing
operations and products completed operations (On Additional Insured
Endorsement CG 20 10 10 93), except for Workers’ Compensation and
professional Liabilities, and insurance policy shall contain provisions that such
policy may not be canceled or reduced except after thirty (30) days written notice
to the COUNTY. The COUNTY at its discretion, may waive in part or in full
insurance requirements. CONTRACTOR is required to provide insurance unless
notified by the COUNTY’S Purchasing Agent of any waivers.
CONTRACTOR agrees that CONTRACTOR is responsible to ensure that the
requirements set forth in this article/paragraph are also to be met by
CONTRACTOR’S subcontractors/CONTRACTOR’S who provide services
pursuant to this Agreement. Copies of insurance certificates shall be filed with
the COUNTY’S Purchasing Agent.
General Liability Limits
1.
2.
3.
BI & PD combined/per occurrence
/Aggregate
Personal Injury/Aggregate
$1,000,000
$1,000,000
$1,000,000
Automobile Liability/per occurrence
CONTRACTOR agrees to defend, hold harmless and indemnify the
COUNTY for any and all liabilities associated with the use of any
automobiles in relation to tasks associated with this Agreement.
Professional Liability
1.
Professional Liability/as appropriately relates to
services rendered. Coverage may include medical
malpractice and/or errors and omissions.
Workers’ Compensation and Employer’s Liability
11.
$1,000,000
Statutory requirement
Discrimination:
CONTRACTOR shall not discriminate because of age, ancestry, color, creed,
marital status, medical condition (cancer or genetic characteristics), national
origin, physical or mental disability, political affiliation or belief, pregnancy, race,
religion, sex (includes sexual harassment) and sexual orientation.
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12.
ADA Compliance:
CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of
1990, which prohibits discrimination on the basis of disability, as well as all
applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C.
Sections 12101 et seq.)
13.
Notices:
Any notice required to be given pursuant to the terms and conditions hereof shall
be in writing, and shall be effected by one of the following methods: personal
delivery, prepaid Certified First-Class Mail, or prepaid Priority Mail with delivery
confirmation. Unless otherwise designated in writing by either party, such notice
shall be mailed to the addresses shown on page one (1) of this Agreement.
14.
Termination:
If the CONTRACTOR breaches or habitually neglects the CONTRACTOR’S
duties under this Agreement without curing such breach or neglect upon fifteen
(15) working days written notice, the COUNTY may, by written notice,
immediately terminate this Agreement without prejudice to any other remedy to
which COUNTY may be entitled, either at law, in equity, or under this Agreement.
In addition, either party may terminate this Agreement upon thirty (30) days
written notice to other party.
If the County Board of Supervisors fails to appropriate funds to enable County
Departments to continue to make purchases under this Agreement, this
Agreement will be cancelled immediately and CONTRACTOR will be given
written notice of such termination.
15.
Conflict of Interest Statement:
CONTRACTOR covenants that CONTRACTOR, its officers, employees or their
immediate family, presently has no interest, including, but not limited to, other
projects or independent contracts, and shall not acquire any such interest, direct
or indirect, which would conflict in any manner or degree with the performance of
services required to be performed under this Agreement. CONTRACTOR further
covenants that in the performance of this Agreement no person having any such
interest shall be employed or retained by CONTRACTOR under this Agreement.
CONTRACTOR shall not hire COUNTY'S employees to perform any portion of
the work or services provided for herein including secretarial, clerical and similar
incidental services except upon the written approval of COUNTY. Performance
of services under this Agreement by associates or employees of CONTRACTOR
shall not relieve CONTRACTOR from any responsibility under this Agreement.
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16.
Drug Free Workplace:
CONTRACTOR shall comply with the provisions of Government Code Section
8350 et seq., otherwise known as the Drug-Free Workplace Act.
17.
Force Majeure:
It is agreed that neither party shall be responsible for delays in delivery,
acceptance of delivery, or failure to perform when such delay or failure is
attributable to Acts of God, war, strikes, riots, lockouts, accidents, rules or
regulations of any governmental agencies or other matters or conditions beyond
the control of either the CONTRACTOR or the COUNTY.
18.
Compliance:
CONTRACTOR shall comply with all federal, state and local laws, regulations
and requirements necessary for the provision of contracted services.
Furthermore, CONTRACTOR shall comply with all laws applicable to wages and
hours of employment, occupational safety, fire safety, health and sanitation.
CONTRACTOR shall maintain current throughout the life of this Agreement, all
permits, licenses, certificates and insurances that are necessary for the provision
of contracted services.
19.
Governing Law and Venue:
The Laws of the State of California shall govern this Agreement. Venue is San
Joaquin County. The provision of this paragraph shall survive expiration or other
termination of this Agreement regardless of the cause of such termination.
20.
Documents:
All drawings, specifications, documents and other memoranda or writings relating
to the work and services hereunder, shall remain or become the property of the
COUNTY whether executed by or for the CONTRACTOR for COUNTY, or
otherwise by or for the CONTRACTOR, or by or for a subcontractor operating
under the CONTRACTOR’S supervision, or direction, and all such documents
and copies thereof shall be returned or transmitted to COUNTY forthwith upon
COUNTY written demand, termination or completion of the work under this
Agreement.
21.
Work Product:
COUNTY and CONTRACTOR acknowledge and agree that “Work Product”, and
all components of it, provided or developed by CONTRACTOR hereunder or in
connection herewith shall constitute “works made for hire” within the meaning of
Title 17 United States Code Section 101 et seq. (the “Copyright Act”), and all
right, title, and interest in and to the Custom Products shall vest in the COUNTY
immediately upon development. To the extent any such Custom Products may
not be the sole and exclusive property of the COUNTY and/or may not be a
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“work made for hire” as defined in the Copyright Act upon development, then
CONTRACTOR agrees to and hereby does sell, transfer, grant and assign to the
COUNTY all copyrights, patents, trade secrets, inventions, and other proprietary
rights, title, and interest in and to such Custom Products upon development. On
all written material, whether in print, electronic, or any media form, constituting
“Work Product”, CONTRACTOR shall place or cause to be placed the following
legend preferably in the lower right corner:
 2010 County of San Joaquin. All rights reserved.
22.
Data Security – Confidentiality
a.
Acknowledgment of access to information characterized as covered data
Contractor acknowledges that its contract/purchase order (“Agreement”)
with the County of San Joaquin, California( “County”) may allow the
Contractor access to confidential County information or County provided
information including, but not limited to, personal information, records,
data, or financial information notwithstanding the manner in which or from
whom it is received by Contractor (“Covered Data”) which is subject to
state laws that restrict the use and disclosure of County information,
including the California Information Practices Act (California Civil Code
Section 1798 et seq.), California Constitution Article 1, Section 1, and
other existing relative or future adopted State and/or Federal
requirements. Contractor shall maintain the privacy of, and shall not
release, Covered Data without full compliance with all applicable state
and federal laws, County policies, and the provisions of this Agreement.
Contractor agrees that it will include all of the terms and conditions
contained in this clause in all subcontractor or agency contracts providing
services under this Agreement. Where a federal, state or local law,
ordinance, rule or regulation is required to be made applicable to this
Agreement, it shall be deemed to be incorporated herein without
amendment to this Agreement.
b.
Prohibition on unauthorized use or disclosure of covered data and
information
Contractor agrees to hold Covered Data received from or created on
behalf of County in strictest confidence. Contractor shall not use or
disclose Covered Data except as permitted or required by the Agreement
or as otherwise authorized in writing by County. If required by a court of
competent jurisdiction or an administrative body to disclose Covered
Data, Contractor will notify County in writing prior to any disclosure in
order to give County an opportunity to oppose any such disclosure. Any
work using, or transmission or storage of, Covered Data outside the
United States is subject to prior written authorization by the County.
c.
Safeguard standard
Contractor agrees that it will protect the Covered Data according to
commercially acceptable standards and no less rigorously than it protects
its own confidential information, but in no case less than reasonable care.
Contractor shall develop, implement, maintain and use appropriate
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administrative, technical and physical security measures which may
include but not be limited to encryption techniques, to preserve the
confidentiality, integrity and availability of all such Covered Data.
d.
Return or destruction of covered data and information
Upon termination, cancellation, expiration or other conclusion of the
Agreement, Contractor shall return the Covered Data to County unless
County requests that such data be destroyed. This provision shall also
apply to all Covered Data that is in the possession of subcontractors or
agents of Contractor. Contractor shall complete such return or destruction
not less than thirty (30) calendar days after the conclusion of this
Agreement. Within this thirty (30) day period, Contractor shall certify in
writing to County that the return or destruction has been completed.
e.
Reporting of unauthorized disclosures or misuse of covered data and
information
Contractor shall report, either orally or in writing, to County any use or
disclosure of Covered Data not authorized by this Agreement or in writing
by County, including any reasonable belief that an unauthorized individual
has accessed Covered Data. Contractor shall make the report to County
immediately upon discovery of the unauthorized disclosure, but in no
event more than two (2) business days after Contractor reasonably
believes there has been unauthorized use or disclosure. Contractor’s
report shall identify: (i) the nature of the unauthorized use or disclosure,
(ii) the County Covered Data used or disclosed, (iii) who made the
unauthorized use or received the unauthorized disclosure, (iv) what
Contractor has done or shall do to mitigate any deleterious effect of the
unauthorized use or disclosure, and (v) what corrective action Contractor
has taken or shall take to prevent future similar unauthorized use or
disclosure. Contractor shall provide County other information, including a
written report, as reasonably requested by County.
f.
Examination of records
County and, if the applicable contract or grant so provides, the other
contracting party or grantor (and if that be the United States, or an agency
or instrumentality thereof, then the Controller General of the United
States) shall have access to and the right to examine any pertinent
books, documents, papers, and records of Contractor involving
transactions and work related to this Agreement until the expiration of five
years after final payment hereunder. Contractor shall retain project
records for a period of five years from the date of final payment.
g.
Assistance in litigation or administrative proceedings
Contractor shall make itself and any employees, subcontractors, or
agents assisting Contractor in the performance of its obligations under the
Agreement available to County at no cost to County to testify as
witnesses, or otherwise, in the event of litigation or administrative
proceedings against County, its directors, officers, agents or employees
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based upon a claimed violation of laws relating to security and privacy
and arising out of this Agreement.
h.
No third-party rights
Nothing in this Agreement is intended to make any person or entity who is
not signatory to the Agreement a third-party beneficiary of any right
created by this Agreement or by operation of law.
i.
Attorney's fees
In any action brought by a party to enforce the terms of this Agreement,
the prevailing party shall be entitled to reasonable attorney's fees and
costs, including the reasonable value of any services provided by inhouse counsel. The reasonable value of services provided by in-house
counsel shall be calculated by applying an hourly rate commensurate with
prevailing market rates charged by attorneys in private practice for such
services.
j.
Survival
The terms and conditions set forth shall survive termination of the
Agreement between the parties.
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23.
Entire Agreement and Modification:
This Agreement and all documents incorporated by reference supersedes all
previous Agreements either oral or in writing and constitutes the entire
understanding of the parties hereto. No changes, amendments or alterations
shall be effective unless in writing and signed by both parties.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR have executed this Agreement
on the day and year first written above.
CONTRACTOR Name
Address
City, State and Zip
COUNTY OF SAN JOAQUIN, a
political subdivision of
the State of California
By: _________________Date:______
Signature, Authorized Agent
By: __________________Date:_____
David M. Louis, C.P.M., CPPO, CPPB
Director, Purchasing & Support Services
By: ____________________________
Printed Name of Authorized Agent
APPROVED AS TO FORM
Office of County Counsel
By: _____________________Date:______
Gilberto Gutierrez
Deputy County Counsel
Buyer of Record:
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