FRESNO COUNTY FIRE PROTECTION DISTRICT - FIRE STATION 72 PROJECT - REQUEST FOR STATEMENT OF QUALIFICATIONS FROM DESIGN-BUILD ENTITIES
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FRESNO COUNTY FIRE PROTECTION DISTRICT REQUEST FOR STATEMENT OF QUALIFICATIONS FROM DESIGN-BUILD ENTITIES FIRE STATION 72 PROJECT RELEASE DATE: May 23, 2022 SUBMITTAL DEADLINE: June 17, 2022 by 5:00 P.M. PDT
RFSQ FS72 Project NOTICE TO DESIGN-BUILD ENTITIES Notice is hereby given that the Fresno County Fire Protection District (District) is soliciting Statements of Qualifications (SOQ) from Design-Build Entities (DBE) to design and construct a new fire station to serve the unincorporated area of Friant and surrounding areas in Fresno County. In accordance with the provisions of the California Public Contract Code Sections 22160 – 22169, The District is authorized to utilize the design-build method of public project delivery to prequalify, select, and award an agreement to a DBE for the design and construction of public projects. This solicitation comprises the first of two steps in the design-build process. SOQs will be scored and ranked by a panel of District personnel. The highest-ranking DBEs will be invited to advance to the second step in the process, a Request for Proposals (RFP), whereby the District will select a firm and award an agreement for the project. Paper and electronic submittals will be accepted for this solicitation. There will be no public opening of submittals. Paper submittals may be hand delivered or mailed to Fresno County Fire Protection District, 210 S. Academy Ave., Sanger, CA 93657, no later than the date and time specified. One (1) original hard copy, one (1) duplicate hard copy, and one (1) electronic copy in PDF or Word (on Digital Media), of the submittal shall be sent to the attention of the Administration Officer, within said time limit, in a sealed envelope. The envelope should include the Offeror’s Business Name, Project Name, and the Due Date. If electing to submit the SOQ electronically, no additional copies or digital media will be required. Electronic submittals shall be submitted via email to Josh.Chrisman@fire.ca.gov . A fully completed SOQ must be delivered to and received by the Fresno County Fire Protection District, 210 S. Academy Ave., Sanger, CA 93657 by 5:00 P.M. (PDT) on June 17, 2022. Failure to provide a responsive SOQ by the time specified above will preclude the DBE from subsequent participation in the RFP for the Project. All submittals will be opened following the deadline. LATE SUBMITTALS WILL NOT BE ACCEPTED A pre-submittal conference has not been scheduled. Any questions concerning this solicitation must be submitted online via email to Josh.Chrisman@fire.ca.gov before 5:00 P.M. PDT on June 3, 2022. Responses to individual queries will be provided as soon as possible. The District will publish an anonymous summary of responses to all inquiries and/or may issue an addendum as a result. Respondents who wish to be placed on an email list to receive the summary Q&A and any addendum concerning this Request for SOQ (RFSQ) should email Josh.Chrisman@fire.ca.gov to request placement on the email list. P a g e 2 | 41
RFSQ FS72 Project Contents SECTION I: SOLICITATION INFORMATION ............................................................................................. 4 SECTION II: SCOPE OF WORK................................................................................................................ 8 SECTION III: GENERAL INFORMATION AND INSTRUCTIONS ................................................................. 11 SECTION IV: EVALUATION OF STATEMENTS OF QUALIFICATION ......................................................... 17 SECTION V: STATEMENT OF QUALIFICATION REQUIREMENTS ............................................................ 19 EXHIBIT A: LETTER OF TRANSMITTAL .................................................................................................. 20 EXHIBIT B: OFFEROR INFORMATION .................................................................................................. 21 EXHIBIT C: CERTIFICATION OF RFSQ ................................................................................................... 22 EXHIBIT D: ESSENTIAL REQUIREMENTS .............................................................................................. 23 EXHIBIT E: SURETY DECLARATION ...................................................................................................... 24 EXHIBIT F: DBE HISTORY .................................................................................................................... 26 EXHIBIT G: QUESTIONNAIRE .............................................................................................................. 28 EXHIBIT H: COMPARABLE PROJECTS................................................................................................... 32 EXHIBIT I: REFERENCES ...................................................................................................................... 34 ATTACHMENT ONE: VICINITY MAPS ................................................................................................... 37 ATTACHMENT TWO: SITE PLAN .......................................................................................................... 38 ATTACHMENT THREE: PRELIMINARY FLOOR PLAN ............................................................................. 39 ATTACHMENT FOUR: SITE PICTURES .................................................................................................. 40 ATTACHMENT FIVE: EXAMPLES OF “MODERN NAPA RANCH STYLE” DESIGN ...................................... 41 P a g e 3 | 41
RFSQ FS72 Project SECTION I: SOLICITATION INFORMATION 1.1 DEFINITIONS CA PCC: California Public Contract Code Cal/OSHA: State of California Department of Industrial Relations, Division of Occupational Safety and Health CSLB: California Contractors State License Board Design-Build: a project delivery process in which both the design and construction of a project are procured from a single entity DBE Member: Any officer, partner, member, or firm that comprises the DBE DBE Participants: Any consultant or subcontractor of the DBE DBE: (Design-Build Entity) a corporation, limited liability company, partnership, joint venture, or other legal entity that will provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a Design-Build Contract. Design-Build Team: the design-build entity itself and the individuals and other entities identified by the design-build entity as members of its team. Members shall include the general contractor and, if utilized in the design of the project, all electrical, mechanical, and plumbing contractors. DISTRICT: Fresno County Fire Protection District FS72: Fire Station 72 General Contractor: holding a current, valid, Class “B” general contractor license in good standing that will assume responsibility for the subcontracting, management, supervision and administration of the construction for the Project OSHA: United States Department of Labor, Occupational Safety and Health Administration Other Design Firm: any firm with licensed engineers that is not the Principal Engineering Firm that will participate in the Design of the Project PDT: Pacific Daylight Time Principal Engineer: the professional providing professional services as lead engineer for the Project Principle Engineering Firm: the firm with licensed engineers whose stamp will appear on Project construction documents RFSQ: Request for Statements of Qualifications RME: Responsible Managing Employee RMO: Responsible Managing Officer SOQ: Statement of Qualifications 1.2 INTRODUCTION The District is seeking a qualified DBE to design and construct a new Fire Station 72. This station will serve the unincorporated area of Friant and surrounding areas. Selection of the DBE will be in accordance with CA PCC Sections 22160 – 22169 and will be based on the best value offered, as determined at the sole determination of the District. 1.3 AGENCY BACKGROUND The Fresno County Fire Protection District was established in 1949. The Fresno County Fire Protection District Districts covers 2,655 square miles, or over 50% of Fresno County which includes the Cities of Parlier, Mendota, Huron, San Joaquin and the rural communities of Tranquility, Del Rey, Caruthers, Easton, Malaga, Friant, Cantua Creek, Calwa, Prather, Sand Creek, Tarpey Village and Wonder Valley. The Fresno County Fire Protection District, in cooperation with the California Department of Forestry and Fire Protection (CAL FIRE), provides all risk emergency services from 17 District Fire Stations, 15 career-staffed and 2 paid call fire fighter stations. The District operates with 37 fire fighters on duty daily, plus Chief Officers, prevention staff, emergency communication operators, as well as other staff that help support P a g e 4 | 41
RFSQ FS72 Project the mission. The District is directly responsible for approximately 220,000 people. The District provides all risk emergency response, fire prevention, education, and code enforcement services. A seven-member Board of Directors governs the District. 1.4 TWO STEP DESIGN-BUILD SELECTION In accordance with CA PCC Section 22164, the process for award of the Design-Build Contract will be a two-step selection process. Step 1 is issuance of this RFSQ in order to solicit information in the form of Statements of Qualifications (SOQs). The SOQs will be evaluated to create a short-list of up to the three most highly ranked DBEs. Step 2 is the RFP process which will determine final ranking of the proposing DBEs, based on selection criteria and evaluation elements defined in the RFP document. Award of the Design-Build Contract will be made to the DBE whose proposal is determined to be the overall best value to the District, with such best value determination to be based upon an evaluation of criteria to be set forth in the RFP which may include, but not be limited to, experience, past performance, project approach, price and life-cycle costs. All costs, expenses and fees incurred by all offerors are at their own risk and expense and the District is not responsible and/or liable, therefore. 1.5 PROJECT DELIVERY OVEVIEW It is the District’s intent to award a single contract to the selected DBE to deliver the Project. The selected DBE will be the single point of contact and have contractual responsibility for all services contracted by the District for the Project. By combining the responsibilities of design and construction within a single team the District expects to secure benefits for its tax payors by reducing costs, integrating construction considerations into the design of the project to deliver a better and more reliable facility, delivering a high-quality project with efficient sharing of responsibilities, and achieving benefits from schedule and cost efficiencies. Additional benefits include reducing the risk to the District by contracting project responsibilities to a single entity, allowing for appropriate innovations in technology, and competitive selection of the best pre-qualified DBE. It is anticipated that neither a detailed conceptual design component nor a corresponding lump sum fixed price will be required in response to the RFP. After the DBE is selected, the design will progress in an interactive manner leading to a negotiated guaranteed maximum price (GMP). 1.6 DESIGN-BUILD ENTITY, GENERAL CONTRACTOR, PRINCIPAL ENGINEERING FIRM, AND OTHER DESIGN FIRMS This RFSQ requires the DBE to identify and supply information regarding the DBE (which is the entity that will execute the Design-Build Contract), the General Contractor, the Principal Engineering Firm, and Other Design Firms (if any). It is anticipated that the RFP will not limit the amount of Design-Build Work that the DBE can propose to self-perform. It is anticipated that, except as restricted by applicable law, the District will reserve the right to require the Design-Builder to conduct a competitive bidding process for all elements of the construction work. To be considered, the potential DBE must have the appropriate licenses required under provisions of the California Business and Professions Code. The Design Consultant(s), Architect and General Contractor shall hold an appropriate license for their design discipline. Failure of a single-entity DBE to possess the required licenses shall be deemed as non-responsive. Failure of a joint venture DBE to be properly licensed by the date of contract award will result in forfeiture of the Proposal Security and loss of the contract. Failure of the Design Consultant(s) to possess the required license on the Proposal Deadline shall require the DBE to substitute licensed design professionals and specialty trade contractors, as applicable, prior to award of the contract without additional cost. This project is prevailing wage. Federal Labor Standards Provisions, including prevailing P a g e 5 | 41
RFSQ FS72 Project wage requirements will be enforced. In the event of a conflict between Federal and State wages rates, the higher of the two will prevail. The DBE’s duty to pay State prevailing wages include requirements per Labor Code Section 1770 et seq.; Labor Code Sections 1775 and 1777.7 outline the penalties for failure to pay prevailing wages and employ apprentices, including forfeitures and debarment. The DBE’s duty to pay Federal prevailing wages include requirements per Department of Labor under Labor Laws 29 USC part 50 and DOL Regulations, 29 CFR part 29. 1.7 ESTIMATED SCHEDULE FOR THE DESIGN-BUILD SOLICITATION PROCESS The tentative schedule of important dates is for general guidance only. Other than the Request for Statements of Qualifications Release, the below dates and steps are subject to change without necessity of addendum. 1.7.1 STEP ONE – REQUEST FOR STATEMENTS OF QUALIFICATIONS RFSQ Release May 23, 2022 Q&A Due via Email June 3, 2022 at 5:00 P.M. PDT Statements of Qualifications Due June 17, 2022 at 5:00 P.M. PDT Notice of Determination August 5, 2022 1.7.2 STEP TWO – REQUEST FOR PROPOSALS RFP Release Tentatively September 5, 2022 Pre-Proposal Meeting Tentatively September 19, 2022 Q&A Due via Email Tentatively September 20, 2022 Proposals Due Tentatively September 30, 2022 Interviews Held (week of) Tentatively October 17, 2022 Agreement Award Tentatively December, 2022 1.8 TERM OF AGREEMENT No agreement will be awarded as a result of this RFSQ. An agreement for the project may be awarded at the conclusion of the second step of this two-step process. 1.9 PRE-SUBMITTAL CONFERENCE No pre-submittal conference has been scheduled. 1.10 QUESTION SUBMITTAL Please review the entire RFSQ package at your earliest opportunity and submit questions via email to Josh.Chrisman@fire.ca.gov no later than 5:00 P.M. PDT on June 3, 2022. Questions and/or objections must be as specific as possible and must identify the RFSQ section number and title at issue. Any party submitting an objection must describe the objection as specifically as possible and set forth the rationale for the objection. No response will be made to a communication or question submitted directly to District staff or District consultants. The DBE shall only rely on information contained in this Request for Qualifications of Design-Build Entities, and any subsequent written supplement issued by the District through, for preparation of their SOQ. DBE shall not rely on any other written or any oral statements of the District or its officers, directors, employees, or agents regarding the project or the RFSQ. The District will publish an anonymous summary of responses to all inquiries and/or may issue an addendum as a result. Prospective offerors who wish to be placed on an email list to receive the summary Q&A and any addendum concerning this RFSQ should email Josh.Chrisman@fire.ca.gov to request placement on the email list. The summary Q&A and any addendum concerning this RFSQ will be posted to the District’s website, https://www.fresnocountyfire.org/employment/. P a g e 6 | 41
RFSQ FS72 Project 1.11 ADDENDUM Any addendum, deletions, changes, clarifications, or supplemental information regarding this RFSQ will be sent to all prospective offerors who have requested to be placed on the email list identified in section 1.10. Any addendum, deletions, changes, clarifications, or supplemental information regarding this RFSQ will be sent to all prospective offerors prior to the date fixed for the receipt of SOQs. Any addendum will also be posted to the District’s website, https://www.fresnocountyfire.org/employment/. All addenda so issued shall become part of the solicitation documents. 1.12 DUE DATE SOQs will be accepted no later than 5:00 PM PDT, June 17, 2022. Late SOQs will not be accepted. 1.13 SOQ SUBMITTAL 1.13.1 Paper Submittals One (1) original hard copy (marked original), one (1) duplicate hard copy, and one (1) electronic copy in PDF (on USB Flash Drive) of the SOQ must be submitted in a sealed envelope marked with the Offeror’s business name, project name “FS72”, due date, and submitted to the following address: Delivery Address: Fresno County Fire Protection District Attn: Administration Officer 210 S. Academy Ave. Sanger, CA 93657 1.13.2 Electronic Submittals If you elect to submit your SOQ electronically, no additional hard copies will be required. Electronic SOQs shall be submitted via email to: Josh.Chrisman@fire.ca.gov P a g e 7 | 41
RFSQ FS72 Project SECTION II: SCOPE OF WORK 2.1 INTRODUCTION In accordance with the provisions of Public Contract Code Sections 22160 - 22169, the District is utilizing the design-build delivery method to prequalify, select and award a contract to a DBE for construction of one fire station. This is the first step in a two-step process whereby the District will pre-qualify DBEs for participation in the second step of the process. The District will score and rank all SOQs. DBEs with the three (3) highest scores will be eligible to advance to the second step in the process, participation in the Request for Proposal process. DBEs not eligible to participate in the RFP process will be notified in writing. 2.2 PROJECT DESCRIPTION 2.2.1 BACKGROUND The project includes all services necessary for the design, permitting and construction of the District’s new Fire Station 72. The surrounding land uses near the proposed project site includes rural undeveloped land as well as new residential and commercial developments (Table Mountain Casino). The existing site is currently a vacant site with limited existing infrastructure and is part of a residential subdivision under construction. The successful DBE will be afforded latitude for station design but must meet certain specifications and requirements stipulated by the District. Requirements include room dimensions, certain adjacencies, equipment, and other performance specifications. The project design and materials will be functional as well as compatible with the character of the surrounding community. Additional detail will be provided in the RFP portion of the solicitation process. 2.2.2 PRELIMINARY ESTIMATE The preliminary estimate for the project is $6.2 million, based upon an estimated 10,000 square foot concept. This estimate is subject to revision prior to the RFP phase. A minimum bonding capacity of $6.2 million for each of the required payment and performance bonds is required in response to this RFSQ. 2.2.3 FIRE STATION 72 (FS72) The new FS72 will be a one-story structure approximately 10,000 square feet in size, with three double-deep, drive through, apparatus bays, office, working and living space for nine personnel. The station will also include five double occupancy crew dormitory rooms, a battalion chief bedroom/office, crew bathrooms, a public accessible restroom, office spaces, workspaces, storage area for equipment, kitchen, dayroom, dining room and gym. Other appurtenances for the station include, but are not limited to, a diesel refueling site, an emergency power generator capable of carrying full load of all site/station circuits, solar electric (PV) system, boundary walls/fencing with powered automatic vehicle gate, all furniture, fixtures, equipment, limited landscape and hardscape. The scope and scale of the project is subject to revision prior to the RFP phase. The new Fire Station 72 will be designed in “Modern Napa Ranch” style with some stone and/or brick work required on the face (see Attachment Five for examples). 2.3 SUPPLIER RESPONSIBILITIES 2.3.1 OVERALL PROJECT RESPONSIBILITIES The project will include all surveying, geotechnical investigation, design, engineering, permits, construction, material, labor, special observation, inspection, testing, commissioning, verification, procurement and installation of all equipment. The DBE will be responsible for obtaining all required permits, including federal, state, and local governance as well as coordination with all P a g e 8 | 41
RFSQ FS72 Project utilities and other regulatory agencies, start-up and commissioning required for occupancy and operations. The DBE will be responsible for compliance with any and all applicable statutes, codes, rules/regulations, and laws. The DBE will be responsible for all workmanship warranty repairs for one calendar year from the date of occupancy. The DBE will provide all the necessary operational documentation and training materials with record drawings in both CAD and PDF formats for the District’s station and maintenance staff. 2.4 SUPPLIER REQUIREMENTS 2.4.1 MINIMUM QUALIFICATIONS Offerors must meet the following minimum qualifications in order to be considered for evaluation: • DBE must have completed at least two comparable projects, as described in Section IV of this RFSQ, within the last seven years. • The internal contract or binding agreement between the Members of the DBE must include a statement that specifically states that all Participants and Members agree to be fully liable for their performance under the terms of the design-build contract. 2.4.2 DESIGN-BUILD ENTITY 2.4.2.1 DEFINITION A DBE is defined in CA PCC Section 22161(d) as, “...a corporation, limited liability company, partnership, joint venture, or other legal entity that is able to provide appropriately licensed contracting, architectural, and engineering services as needed pursuant to a design-build contract.” 2.4.2.2 SUBSTITUTIONS If, after Phase One of the solicitation is complete, the DBE wishes to substitute any Member or discipline identified in its SOQ, it may not do so without the express written approval of the District. No such approval will be granted unless the Member is proposed to be replaced by a firm of equal or higher qualification, as determined at the sole discretion of the District. Upon notice of a substitution, the District reserves the right to re- score the Pre-Qualification document of the DBE and/or disqualify the DBE if the District determines that the proposed substitute Member is not equally or more highly qualified. 2.4.2.3 APPLICABLE DISCIPLINES Disciplines within the DBE to be prequalified for this solicitation should include, but are not limited to: • Surveyors • Structural Engineers • Modular Building Manufacturers • General Contractors with General Engineering – A & General Building – B licenses • Architects • Geotechnical Engineers • Civil Engineers • Mechanical Engineers • Electrical Engineers 2.4.2.4 INSURANCE REQUIREMENTS In accordance with CA PCC Section 22164(b)(3)(D) DBEs are required to submit evidence of the capacity to obtain the following insurance coverage: • $5M General Commercial Liability • $2M Errors and Omissions • $2M Workers Compensation P a g e 9 | 41
RFSQ FS72 Project • $1M Automotive Liability • Builders Risk Liability: amount of coverage required dependent on DBE’s evaluation of the replacement cost of each structure, to be determined during the second phase of the solicitation process. 2.4.2.5 BONDING REQUIREMENTS In accordance with CA PCC Section 22164(b)(3)(D) DBEs are required to submit evidence of the capacity to obtain the following bonding: • Payment Bond equal to 100% of the total project amount • Performance Bond equal to 100% of the total project amount P a g e 10 | 41
RFSQ FS72 Project SECTION III: GENERAL INFORMATION AND INSTRUCTIONS 3.1 ACCEPTANCE PERIOD Unless otherwise specified herein, SOQs are firm for a period of one hundred eighty (180) days. To be considered responsive, Offerors must respond to this solicitation in accordance with the requirements, specifications, commercial terms, and provisions as described and set forth herein. For purposes of determining responsiveness or non-responsiveness, the documentation considered will be the “Original” hard copy or PDF submitted prior to the deadline. There will be no public opening of SOQs and submittal information shall not be made public until the top-ranked firms are announced. No obligation, either expressed or implied, exists on the part of the District to make an award or to pay any costs incurred in the preparation or submission of a SOQ. All costs associated with the preparation or submission of SOQs in response to this solicitation are solely the responsibility of the Offeror. By submitting a SOQ, the Offeror acknowledges understanding of the rules as defined in this RFSQ. 3.2 AMENDMENT OF REQUEST FOR SOQ The Offeror shall acknowledge receipt of a RFSQ Amendment by signing and returning the document by the specified due date and time. Amendments (addendums) may be obtained from the District’s website, https://www.fresnocountyfire.org/employment/ or by request via email as identified in section 1.10 of this RFSOQ. It is the Offeror’s responsibility to obtain a copy of any amendment relevant to this solicitation. Any interested Offerors may obtain a copy of this solicitation by calling (559) 493-4306, or a copy may be picked up during regular business hours at 210 S. Academy Ave., Sanger CA 93657. The District takes no responsibility for informing recipients of changes to the original solicitation document. Failure to submit signed amendments with the SOQ response may be grounds for deeming submittal non-responsive. 3.3 RESERVATION OF RIGHTS The District reserves, holds and may exercise, at its sole discretion, the following rights and conditions with regard to this RFSQ, and by responding to this RFSQ, DBEs acknowledge and consent to the following rights and conditions: • The District reserves the right to reject any and all SOQs received by reason of this RFSQ, or to negotiate separately in any manner necessary to serve the best interests of The District, in accordance with applicable law. • This RFSQ does not obligate the District to procure or to contract for any services. • The District reserves the right to short-list more or less than three (3) DBEs. • The District reserves the right to add the next highest scoring DBE (or DBEs) to the short-list at any time during the procurement process if a short-listed DBE (or DBEs) withdraws from the procurement process. • The District reserves the right to suspend or abandon the procurement process at any time. • The District reserves the right to change or alter the schedule for any events associated with this procurement upon notice to all potential DBEs. • The District reserves the right to eliminate any DBE who submits incomplete or inadequate responses or is not responsive to the requirements of this RFSQ. • The District reserves the right to seek additional information or clarification of any aspect of a SOQ or to hold clarification meetings with individual DBEs in accordance with Applicable Law. • The District reserves the right to waive any non-material defects, technicalities, or informalities in the SOQs or non-material deviations from the requirements set forth in this RFSQ. • The District reserves the right to designate a representative to act in its place or on its behalf during this procurement process. • The District (including its staff and consultants) reserves the right to examine any of the facilities referenced in each SOQ and to observe and investigate the operations of such facilities. P a g e 11 | 41
RFSQ FS72 Project • The District reserves the right to conduct investigations of the DBEs and their SOQs (including, but not limited to, contacting references) to clarify the information provided pursuant to this RFSQ, and to request additional evidence to support the information included in any SOQ. • The District reserves the right to waive any irregularities or informalities not affected by law, to evaluate the proposals submitted, to award the contract to other than the lowest bidder, to award some or none of the services included in the solicitation, and to award agreement(s) according to the proposal(s) which best serves the interests of the District. This RFSQ or any resulting Notice of Determination does not commit the District to issue a RFP, award a contract, nor does it commit the District to pay any cost incurred in the response to this solicitation, attendance at a Pre-Submittal conference, or in the preparation or submission of the SOQ or attachments, nor procure or contract for services or supplies. Further, no reimbursable cost may be incurred in anticipation of selection or a contract award. The District reserves the unilateral right to modify or amend this RFSQ in writing at any time for any reason the District determines to be in its best interest. 3.4 CERTIFICATION By signature on the Certification of SOQ page, solicitation Amendment(s), or cover letter accompanying the submittal documents, Offeror certifies: • The submission of the offer did not involve collusion or other anti-competitive practices. • The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal or State law. • The Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant in connection with the submitted offer. • The Offeror hereby certifies that the individual signing the submittal is an authorized agent for the Offeror and has the authority to legally bind the Offeror to the Contract. • The Offeror hereby certifies, its principal and their named subcontractors are not debarred, suspended or otherwise excluded by the United States Government. 3.5 CONFIDENTIAL INFORMATION All responses to this RFSQ become the property of the District and will be kept confidential until such time that a Notice of Determination is released. Thereafter, SOQs are subject to public inspection and disclosure under the California Public Records Act. If a respondent believes that any portion of its SOQ is exempt from public disclosure, such portion may be marked “confidential.” The District will use reasonable means to ensure that such confidential information is safeguarded but will not be held liable for inadvertent disclosure of such materials, data and information. SOQs marked “confidential” in their entirety will not be honored and the District will not deny public disclosure of all or any portion of SOQs so marked. By submitting information with portions marked “confidential”, the respondent represents it has a good faith belief that such material is exempt from disclosure under the California Public Records Act and agrees to reimburse the District for, and to indemnify, defend and hold harmless the District, its officers, fiduciaries, employees and agents from and against: (a) any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs and expenses including, without limitation, attorneys’ fees, expenses and court costs of any nature whatsoever (collectively, “Claims”) arising from or relating to District’s non-disclosure of any such designated portions of a SOQ if disclosure is deemed required by law or court order. Additionally, upon request by the District, Offeror shall, at Offeror’s sole cost, directly defend the District against any legal demand and/or legal action for disclosure of any information marked confidential by Offeror. Information submitted by the offeror in response to the RFSQ, and in accordance with CA PCC Section 22164(b)(4)(B), that is not otherwise a public record under the California Public Records P a g e 12 | 41
RFSQ FS72 Project Act (Chapter 3.5 (commencing with Section 6250) of Division 7 of Title 1 of the Government Code) will not be open to public inspection. 3.6 COMPLIANCE WITH LAWS All SOQs shall comply with current federal, state, and other laws relative thereto. In addition, the selected/contracted firm and its representatives are expected to comply with all federal and state employment laws and the Harassment, Discrimination and Retaliation Policies of the District. 3.7 DEBARMENT / SUSPENSION POLICY In order to prohibit the procurement of any goods or services ultimately funded by Federal awards from debarred, suspended or otherwise excluded parties, each Offeror will be screened at the time of RFSQ response to ensure respondent, its principal and their named subcontractors are not debarred, suspended or otherwise excluded by the United States Government in compliance with the requirements of 7 Code of Federal Regulations (CFR) 3016.35, 28 CFR 66.35, 29 CFR 97.35, 34 CFR 80.35, 45 CFR 92.35 and Executive Order 12549. 3.8 DISCUSSIONS The District reserves the right to conduct discussions with Offerors for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the SOQ in order to clarify an offer and assure full understanding of, and responsiveness to, solicitation requirements. The District reserves the right to request clarification and/or additional information from firms if deemed necessary. Such clarifications and/or additional information shall be submitted by the firm as an addendum to the SOQ upon request of the District. The fact that the District may request such clarification from one firm does not obligate it to seek similar clarification from any other firm. 3.9 DISQUALIFICATION OF OFFEROR(S) If there is reason to believe that collusion exists among the Offerors, the District may refuse to consider SOQs from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one SOQ for the same work unless alternate SOQs are called for. A person, firm, or corporation who has submitted a sub-proposal to an Offeror, or who has quoted prices on materials to an Offeror, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Offerors. Reasonable grounds for believing that any Offeror is interested in more than one SOQ for the same work will cause the rejection of all SOQs for the work in which a Firm is interested. 3.10 NOTICE OF DETERMINATION The District will notify all offerors via e-mail which have been short-listed through a Notice of Determination. The District reserves the right to adjust, increase, decrease, change, limit, suspend or rescind the SOQ rating following issuance of a Notice of Determination. 3.11 DISPUTES RELATING TO PROPOSAL PROCESS AND AWARD The following procedures shall apply whenever any interested party desires to dispute the Notice of Determination or any other aspect of the RFSQ process. A DBE has no right to dispute a determination that it is not qualified based upon a late or incomplete SOQ submittal. There is no right to dispute the RFSQ process requirements and/or specifications if any objection thereto could have been addressed by submitting a question and/or objection in accordance with Section 1.10 above. The protest by the interested party shall be undertaken at the interested party’s expense. The interested party initiates a protest by delivering to the District a written notice requesting a hearing and setting forth the grounds for the protest as well as all of the facts relevant to the protest. The protesting party must deliver the written notice to the same location that the SOQs were required to be delivered. The protesting party must deliver such written notice within 5 P a g e 13 | 41
RFSQ FS72 Project business days following the date of District’s written Notice of Determination. The protesting party waives its right to dispute the District’s decision or any other aspect of the RFSQ process if it fails to deliver the notice within 5 business days following the date of District’s written Notice of Determination. 3.12 FAMILIARIZATION OF SCOPE OF WORK Before submitting a SOQ, each Offeror shall familiarize themselves with the scope of work, laws, regulations and other factors affecting performance of work. The Offeror shall be responsible for fully understanding the requirements of the solicitation and subsequent work and otherwise satisfy themselves as to the expense and difficulties accompanying the fulfillment of the stated requirements. The submission of a SOQ will constitute a representation of compliance by the Offeror. There will be no financial adjustment for lack of such familiarization. 3.13 INDEMNIFICATION Offeror shall protect and indemnify the District, the Board of Directors, and all of its or their officers, agents and servants against any claim or liability arising from or based on Offeror’s violation of any existing or future state, federal, and local laws, ordinances, regulations, orders or decrees pertaining to Offeror’s submittal. 3.14 INQUIRIES Any question related to the RFSQ shall be directed to the District’s Administration Officer, as identified in section 1.10 of this RFSQ. The inquirer's company name, address, phone and fax number, and contact person must be included with the questions or comments. Any correspondence related to a solicitation should refer to the appropriate RFSQ page and paragraph number. Oral interpretations or clarifications will be without legal effect. Only questions answered by a formal written amendment to the RFSQ will be binding. 3.15 DUTY TO INQUIRE Should a firm find discrepancies in or omissions from the RFSQ or other documents, or should the firm be in doubt as to their meaning, the firm shall at once request clarification. Addenda, if issued, will be provided as identified in section 1.11 of this RFSQ. The District will not be responsible for any oral instructions. 3.16 LATE SOQS Late SOQs will be rejected, and the Offeror will be precluded from subsequent participation in the request for proposal for the Project. 3.17 PREPARATION OF SOQ • All SOQs shall incorporate the forms provided in this RFSQ package. It is permissible to copy these forms as required. • The SOQ forms and any solicitation amendments must be signed and returned with the SOQ. The forms submitted shall be signed by a person authorized to submit an offer. An authorized signature on the forms, amendment(s), or cover letter accompanying the SOQ documents shall constitute an irrevocable offer to provide services specified herein. Offeror shall submit any additional requested documentation, signifying intent to be bound by the terms of the agreement. • The authorized person signing the SOQ shall initial erasure, interlineations, or other modifications on the SOQ. • Periods of time, stated as a day(s), shall be in calendar days. • It is the responsibility of all Offerors to examine the entire RFSQ package and seek clarification of any requirement that may not be clear and to check all responses for accuracy before submitting a SOQ. Negligence in preparing a SOQ confers no right of withdrawal after due date and time. • The District shall not reimburse the cost of developing, presenting, submitting or providing any response to this solicitation. P a g e 14 | 41
RFSQ FS72 Project • Offeror must list any subcontractors to be utilized in the performance of the services specified herein. For each subcontractor, details on respective qualifications must be included. 3.18 SOQ OPENING AND RESULTS Please note that there will be no public opening of SOQs. The list of firms participating in the solicitation will be available when the rankings are released. 3.19 WHERE TO SUBMIT SOQS In order to be considered, the Offeror must complete and submit its SOQ to the District Administration Officer in the manner outlined in Section 1.13 of this RFSQ, prior to or at the exact date and time indicated. 3.20 WITHDRAWAL OF SOQ At any time prior to the specified solicitation due date and time, an Offeror may formally withdraw the SOQ by a written letter, facsimile or electronic mail from the Offeror or a designated representative. Telephonic or oral withdrawals shall not be considered. 3.21 CONTRACT NEGOTIATIONS The District does not intend to award an agreement as a result of this RFSQ. At the completion of the RFP (second step) evaluation process, the District may enter into negotiations with the top ranked Offeror to determine fee, and to negotiate any other portion of any contract deemed by the District to be necessary. In the event that the District is not able to negotiate successfully with the top ranked Offeror, the District shall cease negotiations with that Offeror and either begin negotiationswith the next ranked Offeror, or may choose to cancel the solicitation in its entirety. 3.22 SOQ REJECTION Submission of additional terms, conditions, and/or agreement with the submittal may result in submittal rejection. 3.23 NEWS RELEASES Firms shall not issue any news release pertaining to this RFSQ without prior written approval of the District. 3.24 CLAIMS AGAINST THE DISTRICT Firm and its representatives shall have no claims whatsoever against the District or any of its respective officials, agents, or employees arising out of or relating to this RFSQ or these procedures. 3.25 EXPERIENCE AND COMPETENCY The successful Offeror(s) shall be skilled and regularly engaged in the general class or type of work called for under the contract. The successful Offeror(s) shall also have no less than seven years’ experience in the magnitude and character of the work described herein. Each Offeror shall provide information about experience with comparable projects. To determine the degree of responsibility to be credited to the Offeror, the District will weigh any evidence that the Offeror has performed satisfactorily other contracts of like nature, magnitude, and comparable difficulty and comparable rates of progress. In selecting the most responsive and responsible Offeror(s), consideration will be given not only to the financial standing, but also to the general competency of the Offeror for the performance of the work specified in the contract documents. 3.26 DILIGENCE MATERIAL Diligence Material, if provided, is subject to the following disclaimer: Neither the District nor any of its agents, advisors, or representatives has made or makes any representation or warranty, express or implied, as to the accuracy or completeness of the Diligence Material. Without limiting P a g e 15 | 41
RFSQ FS72 Project the generality of the foregoing, the Diligence Material may include certain assumptions, statements, estimates, and projections provided by or with respect to the District. Such assumptions, statements, estimates, and projections reflect various assumptions made by the District, which assumptions may or may not prove to be correct. No representations are made by the District as to the accuracy of such assumptions, statements, estimates, or projections. P a g e 16 | 41
RFSQ FS72 Project SECTION IV: EVALUATION OF STATEMENTS OF QUALIFICATION 4.1 EVALUATION PROCESS All SOQs will be evaluated by a Qualification Evaluation Committee (QEC) appointed by the Fire Chief or his designee. Offerors should respond to all requirements in the order in which they are presented. SOQs which appear to be responsive will be evaluated in accordance with the process outlined in the following sections. SOQs must fully address the evaluation factors, contain references and data to verify qualifications and experience that address the firm’s ability to provide services as outlined in the scope of work. The District reserves the right to verify from other available sources the information provided by the DBE and to rely upon such information gathered during the verification process. 4.2 NON-RESPONSIVE SUBMISSIONS Any SOQ may be construed as non-responsive and ineligible for consideration if it does not comply with the requirements of the RFSQ. Failure to comply with the format and acknowledgment of receipt of addendum are common causes for holding a submittal non- responsive. 4.3 DEBRIEF When an DBE has been notified by the District that their SOQ is no longer being considered, the DBE may submit a request to the District’s Administration Officer for a “debriefing” on the findings on their Pre-Qualification document submittal (with no comparative information about SOQs submitted by others). 4.4 PHASE ONE EVALUATION CRITERIA: STATEMENT OF QUALIFICATIONS 4.4.1 ESSENTIAL REQUIREMENTS (PASS / FAIL) These criteria are utilized to determine whether the SOQ is eligible for consideration. SOQs with one or more response that is deemed “disqualifying” will not be considered. 4.4.2 SURETY DECLARATION (PASS / FAIL) The Surety Declaration must indicate that the DBE possesses a bonding capacity equal to or greater than the project’s preliminary estimate identified in section 2.2.2 of this RFSQ. DBEs not meeting the minimum bonding capacity will be disqualified. 4.4.3 DBE HISTORY (Maximum Points: 15) These criteria will be used to evaluate the structure of the DBE and to determine whether the DBE, DBE Members and DBE Participants possess the licenses and certifications necessary to perform the work described herein. A score of fifteen (15), ten (10), or five (5) will be assigned as follows: • 15 Points: All requested information is provided, and evidence of all licenses and/or certifications has been submitted • 10 Points: Most information, evidence of certification, and/or licensure is provided • 5 Points: Most information, evidence of certification, and/or licensure is missing 4.4.4 QUESTIONNAIRE (Maximum Points: 45) The purpose of the questionnaire is to provide information for the DBE on significant, non- price related factors such as technical design and construction expertise and safety record. 4.4.5 COMPARABLE PROJECTS (Maximum Points: 20) These criteria will be used to evaluate the experience of the DBE as it relates to comparable projects completed recently. A comparable project has the attributes listed below. If a project has a portion of the attributes, only those attributes will be scored. If a submitted project has none of the attributes, it will not be evaluated. P a g e 17 | 41
RFSQ FS72 Project • Fire stations designed and built for a California agency in accordance with the Essential Facilities Act within the last seven (7) years. 4.4.6 REFERENCES FOR COMPARABLE PROJECTS (Maximum Points: 20) References will be scored based on the point values noted in Exhibit I. The weighted score for this section will be calculated based on the total number of points achieved divided by the total number of points possible multiplied by twenty (20): Points Achieved Weighted Score = 20 X Points Possible If no response is received by the Comparable Project Owners within three (3) days, zero (0) points may be assigned. 4.5 ADDITIONAL INFORMATION ABOUT THE EVALUATION PROCESS 4.5.1 Short-list The District reserves the right to short list the Offerors on all of the stated criteria. The District may determine that short-listing is not necessary. 4.5.2 Additional Investigations The District reserves the right to make such additional investigations as it deems necessary to establish the competence and financial stability of any Offeror submitting a SOQ. 4.5.3 Prior Experience Previous experiences with the Offeror may be taken into consideration when evaluating qualifications and experience. 4.5.4 Overall Evaluation of the Statement of Qualifications The overall completeness, accuracy and quality of the SOQ may be taken into consideration when evaluating the qualifications and experience. 4.5.5 Post-Submittal Discussions and/or Interviews with Offerors During the evaluation of SOQs, the District reserves the right to request additional information and/or hold discussions and interviews with any of the Offeror(s). Information gained in this manner maybe used by the panel to adjust the scores of the SOQs. 4.6 STEP ONE RANKINGS The purpose of the scoring and ranking of the Pre-Qualification documents is limited to the identification of DBEs with the three (3) highest scores that will be eligible to advance to the second step in the selection process, participation in response to the RFP, if the District chooses to proceed. The scores of the eligible DBEs that are established at the conclusion of the Pre-Qualification phase (step one) will not be used in ranking the eligible DBEs entering into or during the second step in the selection process. P a g e 18 | 41
RFSQ FS72 Project SECTION V: STATEMENT OF QUALIFICATION REQUIREMENTS 5.1 Statement of Qualifications Format To achieve a uniform review process and obtain the maximum degree of comparability, it is required that the SOQs be organized in the manner specified below. The information provided will be relevant in the evaluation process of the SOQ. Information provided in addition to that required below should be separately identified in the SOQ. Offerors shall submit a written SOQ that presents the Offeror’s qualifications and understanding of the services to be provided and the work to be performed. Offerors are asked to address each evaluation criterion and to be specific in presenting their qualifications. Your SOQ should provide all the information considered pertinent to your qualifications for this project. SOQs shall include, at a minimum, the following: a. Letter of Transmittal (Exhibit A) b. Offeror Information (Exhibit B) c. Certification of RFSQ (Exhibit C) d. Essential Requirements (Exhibit D) e. Surety Declaration (Exhibit E) f. DBE History (Exhibit F) g. Questionnaire (Exhibit G) h. Comparable Projects (Exhibit H) i. References (Exhibit I) P a g e 19 | 41
RFSQ FS72 Project EXHIBIT A: LETTER OF TRANSMITTAL Letter of Transmittal: The Letter of Transmittal shall be addressed to Josh Chrisman, Administration Officer, and should, at a minimum, contain the following: a. Identification of Offeror, including name, address, and telephone number. b. A brief summary of the Offeror’s understanding of the objectives outlined in the scope of work with a commitment to provide the equipment and services in accordance with its SOQ and the terms and conditions of any contract which may be awarded pursuant to this RFSQ. c. A brief statement describing how your firm meets the minimum qualifications outlined in Section II. d. A statement to the effect that the SOQ shall remain valid for not less than one hundred and eighty (180) days from the date SOQs are due. e. The Letter of Transmittal should be provided on the firm’s letterhead and must be signed by an individual authorized to bind the DBE. P a g e 20 | 41
RFSQ FS72 Project EXHIBIT B: OFFEROR INFORMATION Please complete and/or provide all requested information. If the SOQ is submitted by a corporation, please provide an additional attachment that states the names of the officers who can sign an agreement on behalf of the corporation and whether more than one officer must sign. If the SOQ is by a partnership or a joint venture, state the names and addresses of all general partners and joint venture parties. If the respondent is a sole proprietorship or another entity that does business under a fictitious name, the SOQ shall be in the real name of the respondent with a designation following showing “DBA (the fictitious name),” provided however, that no fictitious name shall be used unless there is a current registration with the Fresno County Recorder. The undersigned, as respondent, declares that all documents regarding this SOQ have been examined and accepted and that, if awarded, will enter into a contract with the Fresno County Fire Protection District. FIRM’S LEGAL NAME: ______________________________________________________________ FIRM PARENT OR OWNERSHIP: _____________________________________________________ ADDREESS: ______________________________________________________________________ FIRM PHONE #: _________________________ FIRM FAX #: ____________________________ FIRM’S TAX I.D. #: __________________________ INCORPORATED: YES ☐ NO ☐ LEGAL FORM OF COMPANY (partnership. corporation, joint venture): _____________________ LENGTH OF TIME YOUR FIRM HAS BEEN IN BUSINESS: ________________________________ LENGTH OF TIME AT CURRENT LOCATION: __________________________________________ NUMBER OF EMPLOYEES: ______________ NUMBER OF CURRENT CLIENTS: ____________ MANAGEMENT PERSON RESPONSIBLE FOR DIRECT CONTACT WITH THE FRESNO COUNTY FIRE PROTECTION DISTRICT AND SERVICE REQUIRED FOR THIS REQUEST FOR STATEMENT OF QUALIFICATIONS (RFSQ): NAME: _____________________________________ TITLE: _______________________________ PHONE#: ___________________________________ EMAIL: ______________________________ PERSON RESPONSIBLE FOR THE DAY-TO-DAY SERVICING OF THE ACCOUNT: NAME: _____________________________________ TITLE: _______________________________ _ PHONE#: ___________________________________ EMAIL: _______________________________ List all active Contractors’ license types, license numbers, and dates of expiration: List all active design professionals’ license types, license numbers, and dates of expiration: P a g e 21 | 41
RFSQ FS72 Project EXHIBIT C: CERTIFICATION OF RFSQ In responding to RFSQ – Design Build Services for the District Fire Station 72 Project, the undersigned Offeror(s) certifies under penalty of perjury that the information provided is factual and correct as of the date submitted. Offeror agrees to provide services to the District per the specifications. Offeror further agrees to the terms and conditions specified herein and the terms and conditions that are a part of this RFSQ. While exceptions will be considered, the District reserves the right to determine that a SOQ is non-responsive based upon any exceptions taken. A. The Offeror hereby acknowledges receipt of the RFSQ and Addenda Number through . B. The Offeror hereby certifies that the individual signing the submittal is an authorized agent for the Offeror and has the authority to legally bind the Offeror to the Contract. Signature below verifies that the Offeror has read, understands, and agrees to the conditions contained herein and on all of the attachments and addenda. C. The submission of the offer did not involve collusion or other anti-competitive practices. D. The Offeror has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, meal or service to a public servant in connection with the submitted offer. E. The Offeror shall not discriminate against any employee or applicant for employment in violation of Federal or State law. F. The Offeror complies fully with the Federal Debarment Certification regarding debarment suspension, ineligibility, and voluntary exclusion. G. Offeror certifies that the DBE, DBE Members, DBE Participants, and subcontractors at every tier will use a skilled and trained workforce to perform all work on the project or contract that falls within an apprenticeable occupation in the building and construction trades. Independent Submittal Certification: I certify that this offer is made without prior understanding, arrangement, agreement, or connection with any corporation, firm or person submitting an offer for the same services and is in all respects fair and without collusion or fraud. I certify that I have not entered into any arrangement or agreement with any Fresno County Fire Protection District public officer. I understand collusive bidding is a violation of State and Federal law and can result in fines, prison sentences, and civil damage awards. I agree to abide by all conditions of this offer and certify that I am authorized to sign this agreement for the Offeror. To the Fresno County Fire Protection District: The Undersigned hereby offers and shall furnish the services in compliance with all terms, scope of work, conditions, specifications, and amendments in the RFSQ which is incorporated by reference as fully set forth herein. The representations herein are made under penalty of perjury. NAME OF FIRM: _____________________________________________________________________ ADRESS: __________________________________________________________________________ CITY: _____________________________________ STATE: ________ ZIP CODE: _____________ PRINTED NAME: ________________________________ TITLE: ____________________________ SIGNATURE OF PERSON AUTHORIZED TO SIGN: ____________________________________ DATE: __________________ P a g e 22 | 41
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