REQUEST FOR PROPOSAL

Jail Construction Project

User Representative Services


Proposals must be submitted to:

Lieutenant Deborah J. Bazan

Jail Planning Unit

San Mateo County Sheriff’s Office

400 County Center

Redwood City, California 94063

REQUEST FOR PROPOSALS

This Request for Proposals (RFP) is not a commitment or contract of any kind. The County of San Mateo reserves the right to pursue any, or none of the ideas generated by this request. Costs for developing the proposals are entirely the responsibility of the applicants and shall not be reimbursed. The County reserves the right to select the proposal that is in the County’s best interest, to reject any and all proposals, to terminate the RFP process, and/or to waive any requirements of this RFP when it determines that doing so is in the best interest of the County.

(a) General Provisions Regarding Public Nature of Proposals.

Government Code Section 6250 et. seq., the Public Records Act, defines a public record as any writing containing information relating to the conduct of the public's business that is prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics. The Public Records Act provides that public records shall be disclosed upon written request, and that any citizen has a right to inspect any public record, unless the document is exempted from the disclosure requirements.
 
(b) Proposer’s Rights Regarding Confidentiality of Proposals.

The County of San Mateo cannot represent or guarantee that any information submitted in response to the RFP will be confidential. If the County of San Mateo receives a request for any document submitted in response to this RFP, it will not assert any privileges that may exist on behalf of the person or business submitting the proposal. Rather, the County of San Mateo will notify the party whose proposal is being sought. In the event that a party who has submitted a proposal wishes to prevent disclosure, it is the sole responsibility of that party to assert any applicable privileges or reasons why the document should not be produced and to obtain a court order prohibiting disclosure.

(c) County’s Rights Regarding Confidentiality of Proposals.

To the extent consistent with applicable provisions of the Public Records Act and applicable case law interpreting those provisions, the County and/or its officers, agents and employees retains the discretion to release or to withhold disclosure of any information submitted in response to this RFP.

SECTION 1. INTRODUCTION

San Mateo County is one of 58 California counties and one of nine counties in the San Francisco Bay Area. The County is located on a peninsula that is flanked by the Pacific Ocean on the west, the San Francisco Bay on the east, the City and County of San Francisco to the north, and the counties of Santa Clara and Santa Cruz to the south.

The County of San Mateo employs approximately 5,500 FTE positions at more than eighty locations with an annual budget of approximately $1.8 billion. The primary emphasis is on providing health services, human services, criminal justice, law enforcement, land use planning, parks and recreation, public works, libraries, and a wide variety of other services for the residents of the County.

A five-member elected Board of Supervisors serves as the governing body of the County, establishing policy and exercising legislative authority. A County Manager, appointed by the Board, serves as the chief executive officer of the County and is generally responsible for the County’s day-to-day operations.

San Mateo County has only one criminal court; the San Mateo County Superior Court. The court is staffed by 35 Superior Court judges who adjudicate all criminal charges and motions. The main courthouse is located at 400 County Center in Redwood City adjacent to the Maguire Correctional Facility. Three smaller facilities, one in South San Francisco and two in unincorporated San Mateo, also house courtrooms that handle juvenile, traffic and some misdemeanor cases.

Other key stakeholders in the San Mateo County criminal justice system include the Probation Department, Private Defender Program and the District Attorney’s Office. In addition to those governmental agencies, a number of community-based non-profits provide a wide array of additional services for the inmates housed in San Mateo County jails. These services include drug and alcohol rehabilitation, lifestyle choices education, literacy programs, outside employment assistance and other important services.

The San Mateo County Sheriff’s Office is managed by a Sheriff who is directly elected for a 4 year term. In addition to overseeing all adult correctional facilities in San Mateo County, the Sheriff is responsible for patrol services in both unincorporated areas of the County and contract cities, investigations, custody and security in the courts, and various administrative functions. The incumbent Sheriff is Greg Munks. Directly under his command are Undersheriff Carlos Bolanos and Assistant Sheriff Trisha Sanchez. Overseeing this Jail Construction Project User Representative Services RFP is the Jail Planning Lieutenant Deborah Bazan.

SECTION 2. PURPOSE.

San Mateo County Sheriff Greg Munks is seeking responses from qualified firms and/or individuals, who have demonstrated the ability to oversee, manage, design, engineer or construct local correctional facilities or other public projects in California. The ideal firm or individual will have experience in construction management and the ability to represent the user (in this case, the Sheriff) in all phases of the project.

It should be noted that a needs assessment and a pre-architectural functional plan for the jail project have already been completed and are available for review on line at www.smc.sheriff.com

The County of San Mateo will evaluate qualifications based on materials submitted in response to this Request for Proposal (RFP). All interested individuals or firms should submit information in response to this RFP as specified in Section 3. The County will conduct a review of the responses received from this RFP. The information will be evaluated and a determination made which may result in the selection of the most qualified firm or individual to provide service to the County. Following a review of the submitted information, the Sheriff may request interviews with or additional information from one or more respondents.

SECTION 3. SCOPE OF WORK

The prospective User Representative must have 10 years minimum experience, managed over $200 million in contracted work on the government projects, experience in justice facilities and with Bay Area experience is welcome.

The User Representative will be highly skilled in construction technologies and practices, and will bring in hands-on experience to provide creative problem solving and cost effective solutions.

Respondents should submit any and all information they deem pertinent and germane to their qualifications as it relates to providing the services enumerated in this section. Information specifically pertaining to the respondent’s prior experience with assignments of a comparable type and scope, including the names and contact information of references, is required. The following outlines the main services being requested as part of this RFP:

Submittals should not exceed 25 pages in length. This proposal should include the following:

SECTION 4. ADMINISTRATIVE REQUIREMENTS

4.1 General

Proposals shall be used to determine the applicant’s capability of rendering the services to be provided and the cost for the services. The County reserves the sole right to evaluate the contents of proposals submitted in response to this RFP and to select a successful respondent, or none at all. The County reserves the right to waive any requirements of this RFP when it is determined that waiving a requirement is in the best interest of the County. The proposal is to include contact information, including principle contacts and officers, main and local business addresses, tax identification number, voice and fax phone numbers and email address.

4.2 Proof of Insurance and commitment to agree to terms of county contract

Include a statement that if selected, your company is prepared to agree to and able to comply with all terms of the standard County long form agreement, attached hereto as Exhibit A.

Attach insurance certificates indicating liability insurance of a minimum of $1,000,000 for each of the following: comprehensive general, motor vehicle, professional and worker’s compensation.

4.3 References

Include two references from a local government agency and include the following information:

4.4 Proposal Format

4.4.1 General Instructions

To assure that misrepresentation of the proposed system does not occur, Proposers should seek clarification of any requirements that they do not fully understand.

Misunderstandings resulting in an improper response to Appendix A-1 will not be considered a valid reason to fail to supply all features indicated to exist by the Proposer. To be considered, proposals shall follow the format outlined in this section.

Each proposal shall consist of the following sections:

1. Proposer background information and/or professional resume

2. Signature Page

4.4.2 Proposal to be submitted to the County of San Mateo

All proposals should be typewritten; have consecutively numbered pages; in a sealed envelope. No electronic proposals will be allowed.

The applicant must sign proposal. An unsigned proposal shall be rejected.

Submit one (1) original and three (3) copies. Submit proposal in a sealed package.

Proposal must be received by the final filing date and may be rejected after 4 p.m. on March 4, 2011. Address and mail or hand deliver proposals to:

Lieutenant Deborah Bazan

San Mateo County Sheriff’s Office

Jail Planning Unit

400 County Center

Redwood City, CA 94063

5. PROPOSAL SELECTION PROCESS AND EVALUATION

5.1 Final Filing Date

Proposal must be received at the County by 4:00 pm, February 25, 2011.

Notification of the announcement of standing will be done by mail. Please include your local business mailing address in your proposal.

5.2 Submittal of Questions

Applicants are encouraged to submit questions about this RFP. Questions are to be received at the County by February 21, 2011. Questions shall be mailed in writing or

e-mailed to:

Lieutenant Deborah J. Bazan

San Mateo County Sheriff’s Office

Jail Planning Unit

400 County Center

Redwood City, CA 94063

dbazan@co.sanmateo.ca.us

Additionally, respondents can attend an informational question and answer meeting with Sheriff’s Office personnel on Thursday February 17th, 2011 from 2pm to 4pm at 1390 El Camino Real Suite 100, San Carlos, Ca. 94070.

5.3 Evaluation Committee

An evaluation committee selected by the Sheriff’s Jail Planning Lieutenant will evaluate the proposals and the qualifications of applicants submitting proposals. The evaluation criteria include, but are not limited to those listed in Section 5, PROPOSAL SELECTION PROCESS AND EVALUATION and paragraph 5.4, Evaluation Criteria. The evaluation committee will submit to the Sheriff the results of the committee’s evaluation together with the committee’s recommendations of a proposal to be selected by the Sheriff.

5.4 Evaluation Criteria

5.5 Cost Response

The County requires a fixed-price cost proposal that includes a detailed cost breakdown of line items, such as hours, tasks, staff and services. All project related costs are to be included in the cost proposal. No additional charges will be allowed.

5.6 Appeal

5.7 Inability to Negotiate a Contract

Following recommendation of the successful proposer or consultant, a period of contract negotiation and development will commence. Should the selected firm not, in the County’s determination, be prepared to negotiate in good faith; or should the selected consultant not be able to meet the County’s contractual terms and conditions which the County believes to be essential to a successful contract, the County reserves the right to terminate contract negotiations and begin contract negotiations with one or more than one of the remaining applicants.

APPENDIX A

TIME FRAME FOR RFP PROCESS

APPENDIX A-1 PROPOSER RESPONSE PAGES

FORM 1 PROPOSER BACKGROUND INFORMATION

Telephone Number (Voice):_________________________________________

E-mail Address: _______________________________________________

Attach Professional Resume

APPENDIX A-1 PROPOSER RESPONSE PAGES

FORM 2, SIGNATURE PAGE

PROPOSAL SUBMITTED BY:

Consultant NAME:

ADDRESS: ________________________________________________ ___ ___________________________________________________

(Date) (Telephone)

Exhibit A Standard County Contract

AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND
[Contractor name]

THIS AGREEMENT, entered into this _____ day of _______________ , 20_____, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and [Contractor name here], hereinafter called "Contractor";

W I T N E S S E T H:

WHEREAS, pursuant to Government Code, Section 31000, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof;

WHEREAS, it is necessary and desirable that Contractor be retained for the purpose of [Enter information here].

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

    1. Exhibits and Attachments

The following exhibits and attachments are included hereto and incorporated by reference herein:

Exhibit A—Services

Exhibit B—Payments and rates

Attachment H—HIPAA Business Associate requirements

Attachment I—§ 504 Compliance

Attachment IP – Intellectual Property

    2. Services to be performed by Contractor

In consideration of the payments set forth herein and in Exhibit “B,” Contractor shall perform services for County in accordance with the terms, conditions and specifications set forth herein and in Exhibit “A.”

    3. Payments

In consideration of the services provided by Contractor in accordance with all terms, conditions and specifications set forth herein and in Exhibit "A," County shall make payment to Contractor based on the rates and in the manner specified in Exhibit "B." The County reserves the right to withhold payment if the County determines that the quantity or quality of the work performed is unacceptable. In no event shall the County’s total fiscal obligation under this Agreement exceed [Write out amount], [$Amount].

    4. Term and Termination

Subject to compliance with all terms and conditions, the term of this Agreement shall be from [Month and day], 20[Last 2 digits of year] through [Month and day], 20[Last 2 digits of year].

This Agreement may be terminated by Contractor, the [Name of County Department Head] or his/her designee at any time without a requirement of good cause upon thirty (30) days’ written notice to the other party.

In the event of termination, all finished or unfinished documents, data, studies, maps, photographs, reports, and materials (hereafter referred to as materials) prepared by Contractor under this Agreement shall become the property of the County and shall be promptly delivered to the County. Upon termination, the Contractor may make and retain a copy of such materials. Subject to availability of funding, Contractor shall be entitled to receive payment for work/services provided prior to termination of the Agreement. Such payment shall be that portion of the full payment which is determined by comparing the work/services completed to the work/services required by the Agreement.

    5. Availability of Funds

The County may terminate this Agreement or a portion of the services referenced in the Attachments and Exhibits based upon unavailability of Federal, State, or County funds, by providing written notice to Contractor as soon as is reasonably possible after the County learns of said unavailability of outside funding.

    6. Relationship of Parties

Contractor agrees and understands that the work/services performed under this Agreement are performed as an independent Contractor and not as an employee of the County and that Contractor acquires none of the rights, privileges, powers, or advantages of County employees.

    7. Hold Harmless

Contractor shall indemnify and save harmless County, its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description, brought for, or on account of: (A) injuries to or death of any person, including Contractor, or (B) damage to any property of any kind whatsoever and to whomsoever belonging, (C) any sanctions, penalties, or claims of damages resulting from Contractor’s failure to comply with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended, or (D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of County, its officers, agents, employees, or servants, resulting from the performance of any work required of Contractor or payments made pursuant to this Agreement, provided that this shall not apply to injuries or damage for which County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of Contractor to indemnify and save harmless as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

    8. Assignability and Subcontracting

Contractor shall not assign this Agreement or any portion thereof to a third party or subcontract with a third party to provide services required by contractor under this Agreement without the prior written consent of County. Any such assignment or subcontract without the County’s prior written consent shall give County the right to automatically and immediately terminate this Agreement.

    9. Insurance

The Contractor shall not commence work or be required to commence work under this Agreement unless and until all insurance required under this paragraph has been obtained and such insurance has been approved by Risk Management, and Contractor shall use diligence to obtain such insurance and to obtain such approval. The Contractor shall furnish the County with certificates of insurance evidencing the required coverage, and there shall be a specific contractual liability endorsement extending the Contractor's coverage to include the contractual liability assumed by the Contractor pursuant to this Agreement. These certificates shall specify or be endorsed to provide that thirty (30) days' notice must be given, in writing, to the County of any pending change in the limits of liability or of any cancellation or modification of the policy.

    (1) Worker's Compensation and Employer's Liability Insurance The Contractor shall have in effect during the entire life of this Agreement Workers' Compensation and Employer's Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor certifies, as required by Section 1861 of the California Labor Code, that it is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of the Code, and will comply with such provisions before commencing the performance of the work of this Agreement.

    (2) Liability Insurance The Contractor shall take out and maintain during the life of this Agreement such Bodily Injury Liability and Property Damage Liability Insurance as shall protect him/her while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from contractors operations under this Agreement, whether such operations be by himself/herself or by any sub-contractor or by anyone directly or indirectly employed by either of them. Such insurance shall be combined single limit bodily injury and property damage for each occurrence and shall be not less than the amount specified below.

      Such insurance shall include:

      (a) Comprehensive General Liability. . . . . . . . . . . . . . . . . . . . . . . $1,000,000

      (b) Motor Vehicle Liability Insurance . . . . . . . . . . . . . . . . . . . . . . $1,000,000

      (c) Professional Liability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $1,000,000

County and its officers, agents, employees and servants shall be named as additional insured on any such policies of insurance, which shall also contain a provision that the insurance afforded thereby to the County, its officers, agents, employees and servants shall be primary insurance to the full limits of liability of the policy, and that if the County or its officers and employees have other insurance against the loss covered by such a policy, such other insurance shall be excess insurance only.

In the event of the breach of any provision of this section, or in the event any notice is received which indicates any required insurance coverage will be diminished or canceled, the County of San Mateo at its option, may, notwithstanding any other provision of this Agreement to the contrary, immediately declare a material breach of this Agreement and suspend all further work pursuant to this Agreement.

Compliance with laws; payment of Permits/Licenses

All services to be performed by Contractor pursuant to this Agreement shall be performed in accordance with all applicable Federal, State, County, and municipal laws, ordinances and regulations, including, but not limited to, the Health Insurance Portability and Accountability Act of 1996 (HIPAA), and the Federal Regulations promulgated thereunder, as amended, and will comply with the Business Associate requirements set forth in Attachment “H,” and the Americans with Disabilities Act of 1990, as amended, and Section 504 of the Rehabilitation Act of 1973, as amended and attached hereto and incorporated by reference herein as Attachment “I,” which prohibits discrimination on the basis of handicap in programs and activities receiving any Federal or County financial assistance. Such services shall also be performed in accordance with all applicable ordinances and regulations, including, but not limited to, appropriate licensure, certification regulations, provisions pertaining to confidentiality of records, and applicable quality assurance regulations. In the event of a conflict between the terms of this Agreement and State, Federal, County, or municipal law or regulations, the requirements of the applicable law will take precedence over the requirements set forth in this Agreement. Further, Contractor certifies that the Contractor and all of its subcontractors will adhere to all applicable provisions of Chapter 4.106 of the San Mateo County Ordinance Code, which regulates the use of disposable food service ware.

Contractor will timely and accurately complete, sign, and submit all necessary documentation of compliance.

Non-Discrimination and Other Requirements

Section 504 applies only to Contractors who are providing services to members of the public. Contractor shall comply with § 504 of the Rehabilitation Act of 1973, which provides that no otherwise qualified handicapped individual shall, solely by reason of a disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination in the performance of this Agreement.

General non-discrimination. No person shall, on the grounds of race, color, religion, ancestry, gender, age (over 40), national origin, medical condition (cancer), physical or mental disability, sexual orientation, pregnancy, childbirth or related medical condition, marital status, or political affiliation be denied any benefits or subject to discrimination under this Agreement.

Equal employment opportunity. Contractor shall ensure equal employment opportunity based on objective standards of recruitment, classification, selection, promotion, compensation, performance evaluation, and management relations for all employees under this Agreement. Contractor’s equal employment policies shall be made available to County of San Mateo upon request.

Violation of Non-discrimination provisions. Violation of the non-discrimination provisions of this Agreement shall be considered a breach of this Agreement and subject the Contractor to penalties, to be determined by the County Manager, including but not limited to

    termination of this Agreement;

    disqualification of the Contractor from bidding on or being awarded a County contract for a period of up to 3 years;

    liquidated damages of $2,500 per violation;

    imposition of other appropriate contractual and civil remedies and sanctions, as determined by the County Manager.

To effectuate the provisions of this section, the County Manager shall have the authority to examine Contractor’s employment records with respect to compliance with this paragraph and/or to set off all or any portion of the amount described in this paragraph against amounts due to Contractor under the Contract or any other Contract between Contractor and County.

Contractor shall report to the County Manager the filing by any person in any court of any complaint of discrimination or the filing by any person of any and all charges with the Equal Employment Opportunity Commission, the Fair Employment and Housing Commission or any other entity charged with the investigation of allegations within 30 days of such filing, provided that within such 30 days such entity has not notified Contractor that such charges are dismissed or otherwise unfounded. Such notification shall include the name of the complainant, a copy of such complaint, and a description of the circumstance. Contractor shall provide County with a copy of their response to the Complaint when filed.

    E. Compliance with Equal Benefits Ordinance. With respect to the provision of employee benefits, Contractor shall comply with the County Ordinance which prohibits contractors from discriminating in the provision of employee benefits between an employee with a domestic partner and an employee with a spouse.

    F. The Contractor shall comply fully with the non-discrimination requirements required by 41 CFR 60-741.5(a), which is incorporated herein as if fully set forth.

    12. Compliance with Contractor Employee Jury Service Ordinances

Contractor shall comply with the County Ordinance with respect to provision of jury duty pay to employees and have and adhere to a written policy that provides that its employees shall receive from the Contractor, on an annual basis, no less than five days of regular pay for actual jury service in San Mateo County. The policy may provide that employees deposit any fees received for such jury service with the Contractor or that the Contractor deduct from the employees’ regular pay the fees received for jury service.

    13. Retention of Records, Right to Monitor and Audit

(a) CONTRACTOR shall maintain all required records for three (3) years after the COUNTY makes final payment and all other pending matters are closed, and shall be subject to the examination and/or audit of the County, a Federal grantor agency, and the State of California.

(b) Reporting and Record Keeping: CONTRACTOR shall comply with all program and fiscal reporting requirements set forth by appropriate Federal, State and local agencies, and as required by the COUNTY.

(c) CONTRACTOR agrees to provide to COUNTY, to any Federal or State department having monitoring or review authority, to COUNTY's authorized representatives, and/or their appropriate audit agencies upon reasonable notice, access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules and regulations, and this Agreement, and to evaluate the quality, appropriateness and timeliness of services performed.

    14. Merger Clause

This Agreement, including the Exhibits attached hereto and incorporated herein by reference, constitutes the sole Agreement of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. In the event that any term, condition, provision, requirement or specification set forth in this body of the agreement conflicts with or is inconsistent with any term, condition, provision, requirement or specification in any exhibit and/or attachment to this agreement, the provisions of this body of the agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and signed by the parties.

    15. Controlling Law and Venue

The validity of this Agreement and of its terms or provisions, as well as the rights and duties of the parties hereunder, the interpretation, and performance of this Agreement shall be governed by the laws of the State of California. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.

    16. Notices

Any notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when both (1) transmitted via facsimile to the telephone number listed below and (2) either deposited in the United State mail, postage prepaid, or when deposited for overnight delivery with an established overnight courier that provides a tracking number showing confirmation of receipt, for transmittal, charges prepaid, addressed to:

      In the case of County, to:

      In the case of Contractor, to:

In the event that the facsimile transmission is not possible, notice shall be given both by United States mail and an overnight courier as outlined above.

IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

COUNTY OF SAN MATEO

By:

President, Board of Supervisors, San Mateo County

Date:

ATTEST:

By:

Clerk of Said Board

[Contractor Name Here]

Contractor’s Signature

Date:

Long Form Agreement/Business Associate v 8/19/08