HomeMy WebLinkAboutAgenda Packet - EVWD Board of Directors - 04/08/2020REGULAR BOARD MEETING
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April 8, 2020 - 5:30 PM
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AGENDA
"In order to comply with legal requirements for posting of agenda, only those items filed
with the District Clerk by 12:00 p.m. on Wednesday prior to the following Wednesday
meeting not requiring departmental investigation, will be considered by the Board of
Directors".
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL OF BOARD MEMBERS
PUBLIC COMMENTS
A ny person wishing to speak to the Board of Directors is asked to complete a Speaker
Card and submit it to the District Clerk prior to the start of the meeting. Each speaker is
limited to three (3) minutes, unless waived by the C hairman of the Board. Under the State
of California Brown Act, the Board of Directors is prohibited from discussing or taking
action on any item not listed on the posted agenda. T he matter will automatically be
referred to staff for an appropriate response or action and may appear on the agenda at a
future meeting.
AGENDA - T his agenda contains a brief general description of each item to be
considered. Except as otherwise provided by law, no action shall be taken on any item not
appearing on the following agenda unless the Board of Directors makes a determination
that an emergency exists or that a need to take immediate action on the item came to the
attention of the District subsequent to the posting of the agenda.
1.Approval of Agenda
2.APPROVAL OF CONSENT CALENDAR
All matters listed under the C onsent C alendar are considered by the Board of
Directors to be routine and will be enacted in one motion. T here will be no
discussion of these items prior to the time the board considers the motion unless
members of the board, the administrative staff, or the public request specific items to
be discussed and/or removed from the Consent Calendar.
a.Approve Directors' fees and expenses for March 2020
D I SC U SSI ON AN D P O SSI B L E AC T I O N I T E MS
3.C onsider Special District Member Representative for the Local Agency Formation
C ommission of San Bernardino C ounty (LA FC O) Elections
4.C onsider Master Services C ontracts for Land Surveying Support Services
5.C onsider adoption of Resolution 2020.07 - Designation of Applicant's Agent
Resolution for Non-State Agencies
RE P O RT S
6.Board of Directors' Reports
7.General Manager/C EO Report
8.Legal Counsel Report
9.Board of Directors' Comments
AD J O U RN
P LEAS E NO T E:
Materials related to an item on this agenda s ubmitted to the Board after dis tribution of the agenda packet
are availab le fo r pub lic ins p ectio n in the District's o ffic e lo cated at 31111 G reens p o t R d., Highland , during
normal bus ines s ho urs. Also, s uc h d o cuments are available on the District's website at www.eastvalley.org
subject to staff's ability to pos t the doc uments before the meeting.
P urs uant to G overnment C o d e S ec tio n 54954.2(a), any reques t for a d is ab ility-related modific ation or
ac commodation, inc luding auxiliary aid s o r s ervic es , that is s o ught in order to p artic ip ate in the above-
agendized p ublic meeting s ho uld be d irected to the District C lerk at (909) 885-4900 at leas t 72 ho urs prior
to said meeting.
R ecommended b y:
Jo hn Mura
G eneral Manager/C EO
R espec tfully sub mitted:
Jus tine Hendric ksen
District C lerk
B O AR D AGE N D A S TAF F R E P ORT
Agenda Item #2.a.
Meeting Date: Ap ril 8, 2020
C ons ent Item
To: G o verning Board Memb ers
F rom: G eneral Manager/C EO
Subject: Approve Directo rs ' fees and expens es for March 2020
R E C O MME N D AT IO N:
S taff rec ommend s that the Bo ard ap p ro ve the G overning Bo ard Members' F ees and Expenses fo r Marc h
2020.
B AC KGR O UN D / AN ALYS IS :
T he Board has ins truc ted s taff to lis t all d irecto r fees and expenses as a s ep arate agenda item to s how full fis c al
trans p arency. O nly after Board review and approval will the c o mp ens ation and expens es be paid.
AG E N C Y G O ALS AN D OB J E C T IVE S :
G o al and O bjec tives I I - Maintain a C ommitment to S us tainab ility, Transparenc y, and Ac c o untability
a) P rac tice Trans parent and Ac countab le F is cal Management
R E VIE W B Y O T HE R S :
T his agenda item has been reviewed by the Ad minis tratio n d ep artment.
F IS C AL IMPAC T
T he fis c al impac t as soc iated with this agenda item is $4,785.35 whic h is includ ed in the c urrent fis c al b udget.
ATTACH M E N TS:
Description Type
Directors' Expense Reports M arch 2020 Backup Material
B O AR D AG E N D A S TAF F R E P O RT
Agenda Item #3.
Meeting Date: April 8, 2020
Disc ussion Item
To: G overning Board Members
F rom: G eneral Manager/C EO
Subject: C onsider S pecial Dis tric t Member R epres entative for the Loc al Agency F ormation C ommis s ion
of S an Bernardino C ounty (LAF C O ) Elections
R E C OMME N D AT ION:
S taff recommend s that the Bo ard of Directo rs s elec t a S p ecial Dis tric t member rep res entative fo r the 2020
LAF C O of S an Bernardino C ounty elec tions .
B AC KG R OUN D / AN ALYS IS:
T he Local Agency F ormation C ommis s ion (LAF C O ) of S an Bernardino C ounty is res ponsible for
implementing the legislative direc tion and polic ies emb o d ied in the C ortes e-Knox-Hertzberg Lo c al G overnment
R eorganization Ac t of 2000 in a manner that p ro vides for an o rd erly and efficient gro wth pattern that reconciles
the varied need s o f S an Bernard ino C o unty, p ro mo tes the C ountywid e Vision S tatement, is in keeping with the
provisions o f the C alifornia Enviro nmental Q uality Ac t, and addres s es the p arameters of the p rinc ip le acts for
C ities and S pecial Dis tric ts.
T he S an Bernard ino LAF C O is c o mp o s ed o f s even vo ting members, with fo ur alternate members who vote
only in the abs ence or ab s tention o f a vo ting memb er. T he s even members and their alternates represent all
levels of lo cal government. Two memb ers are elec ted county s upervis o rs and are s elec ted b y the Bo ard of
S upervis ors . Two members are elec ted city counc il members and are selec ted by the mayors of the twenty-four
cities within S an Bernard ino C o unty. Two memb ers are elec ted members o f a s p ecial d is tric t board of
directors and are s elected by the p res id ents of the fifty-one ind ep endent s p ecial d is tric ts in S an Bernardino
C ounty. T hes e six elec ted o fficials s elec t a pub lic member who is no t affiliated with c o unty, c ity, or s pecial
dis tric t go vernments . Alternate memb ers for the county, c ity, spec ial d is tric t, and p ublic c ategories are selec ted
in the same manner. Eac h commissioner and alternate serves a four-year term.
T he 2020 ballot for the regular spec ial d is tric t memb er of the Lo cal Agenc y F ormatio n C o mmis s io n inc ludes
Kimberly C o x, incumb ent of the Mo jave Water Agenc y, and T. Milfo rd Harrison of the S an Bernardino Valley
Munic ipal Water Dis tric t. Bas ed on the Dis tric t's Vis ion and c o mmitment to Lead ers hip, P artners hip, and
S tewards hip, staff rec ommends that the Board selec t a spec ial district member for the 2020 LAF C O elec tion.
AG E N C Y G O ALS AN D O B J E C T IVE S :
G oal and O bjec tives I - Implement Effective S olutions T hrough Visionary Leaders hip
c ) S trengthen R egional, S tate and National P artners hips
F IS C AL IMPAC T
T here is no fisc al impac t as s ociated with this agenda item.
ATTAC H M EN TS:
Description Type
L AF C O Election Backup Backup Material
B O AR D AGE N D A S TAF F R E P ORT
Agenda Item #4.
Meeting Date: Ap ril 8, 2020
Dis c ussion Item
To: G o verning Board Memb ers
F rom: G eneral Manager/C EO
Subject: C ons id er Master S ervic es C ontracts for Land S urveying S upport S ervic es
R E C O MME N D AT IO N:
S taff rec o mmend s that the Board o f Directo rs autho rize the G eneral Manager/C EO to execute contrac ts fo r
provid ing as -needed Land S urveying S upp o rt s ervic es with the Altum G roup ; G uid a S urveying, Inc ;
Hernandez, Kro o ne and As s o c iates; Kreiger and S tewart; and Wes tLand G ro up , Inc.
B AC KGR O UN D / AN ALYS IS :
In an effort to p ro vide efficient ac ces s to Land S urveying s ervic es that cannot b e performed in-ho use, s taff
is s ued a R eq uest fo r Q ualific atio ns (R F Q ) (includ ed as Exhibit 1) to engage qualified firms to perform as -
needed Land S urveying s upport servic es . T he antic ipated work res ulting from this solic itation includ es but is
not limited to the p rep aratio n of p lans , maps, p lats , legal desc rip tions, records o f s urvey and ALTA S urveys for
capital imp ro vement p ro jec ts includ ing field related c ons tructio n layo ut, as -b uilts , deformation mo nito ring and
map p ing o f District water, was tewater & rec ycled water imp ro vement projec ts and fac ilities .
O n Marc h 12, 2020, 12 p ro p o s als were rec eived from qualified firms . An evaluatio n c o mmittee compris ed of
s taff from the Engineering Department evaluated and s c ored the proposals with the intent o f rec o mmending
multip le Master S ervic es C o ntrac ts to the highes t rated firms . O nc e under c o ntract, Mas ter S ervices
C o ntrac tors will b e ab le to c o mpete for work p res ented as Tas k O rd ers through a letter p roposal p ro c es s .
S taff rated the above lis ted recommended firms as the five (5) highes t rated fo r land s urveying s ervic es b as ed o n
their exp erience, propo s ed approach, q uality of their pro p o s al and costs .
AG E N C Y G O ALS AN D OB J E C T IVE S :
G o al and O bjec tives I V - P romo te P lanning, Maintenanc e and P res ervatio n o f Dis tric t R esources
a) Develop P ro jec ts and P ro grams to Ens ure S afe and R eliable S ervices
c) D edicate E fforts Toward S ystem M aintenance and Modernization
R ecommended b y:
Jo hn Mura
G eneral Manager/C EO
R espec tfully sub mitted:
Jeff No elte
Direc tor o f Engineering & O p eratio ns
R E VIE W B Y O T HE R S :
T his agenda item has been reviewed by the executive management team.
F IS C AL IMPAC T
T hese c ontrac ts will no t have a d irect financ ial imp ac t, however, s ubsequent Tas k O rd er award s will utilize the
bud geted annual allo c ation for the as s o ciated p ro jects .
ATTACH M E N TS:
Description Type
Land Surveying Support Services Backup Material
1
Request for Qualifications
LAND SURVEYING SUPPORT SERVICES
Distribution Date
Frida January 31st, 2020
Submission Deadline
4:00 p.m. on Thursday March 12, 2020
East Valley Water District
31111 Greenspot Road
Highland, CA 92346
(909) 888 - 8986
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TABLE OF CONTENTS
NOTICE INVITING PROPOSALS .................................................................................. 3
SCOPE OF SERVICES ................................................................................................. 4
DISTRICT OVERVIEW ....................................................................................... 4
SCOPE OF WORK ............................................................................................. 4
TASK ORDER AWARDS/ON-CALL SERVICES: ............................................... 5
GRANT AND/OR LOAN REQUIREMENTS: ....................................................... 6
PROPOSAL INSTRUCTIONS AND FORMAT .................................................... 6
SUBMISSION OF PROPOSALS ........................................................................ 7
PROPOSAL TIMELINE ................................................................................................. 8
EVALUATION PROCEDURES ...................................................................................... 9
REVIEW OF PROPOSALS .................................................................................. 9
EVALUATION CRITERIA .................................................................................... 9
FINAL SELECTION........................................................................................... 10
CONDITIONS GOVERNING THE REQUEST FOR QUALIFICATIONS ........................... 10
RIGHT TO REJECT PROPOSALS ................................................................... 10
RECEIVING TIME / LATE PROPOSALS .......................................................... 10
ACCEPTANCE OF CONDITIONS .................................................................... 10
COST TO PROPOSE ....................................................................................... 10
DISCLOSURE OF PROPOSAL CONTENTS ................................................... 10
CONDITIONS GOVERNING AGREEMENT ................................................................ 11
AGREEMENT ................................................................................................... 11
Appendices .................................................................................................................. 12
APPENDIX A: Proposal Fee Schedule ............................................................. 13
APPENDIX B: Proposal Forms ......................................................................... 15
APPENDIX C: Sample Master Services Contact .............................................. 21
APPENDIX D: Sample Task Order.................................................................... 38
3
NOTICE INVITING PROPOSALS
LAND SURVEYING SUPPORT SERVICES
East Valley Water District (District) is a County Water District and critical infrastructure
that provides water and wastewater services throughout a 30.1 square mile area in the
County of San Bernardino. The District’s service area includes the City of Highland, the
eastern portion of the City of San Bernardino, the San Manuel Band of Mission Indians,
and unincorporated areas of the County. The District operates in accordance with Division
12 of the California Water Code and is governed by a five-member Board of Directors
elected at-large to four year terms.
The District is soliciting proposals from qualified Land Surveying Consultants to provide
as needed Land Surveying Support Services. The intent of this solicitation is to enter into
several Master-Contracts for Survey Project Support Services to issue task order work
against.
To be considered, an electronic copy and five hard copies of a proposal must be received
by 4:00 p.m. on Thursday, March 12th, 2020 addressed to:
East Valley Water District
Attn: Jason Wolf, Senior Engineer
31111 Greenspot Road
Highland, CA 92346
Proposals received after the above date and time will not be considered.
4
SCOPE OF SERVICES
DISTRICT OVERVIEW
East Valley Water District is a County District formed in 1954 through an election by
residents who wanted water service by a public agency. Originally called the East San
Bernardino County Water District, the name was changed to East Valley Water District in
1982.
The District was originally formed to provide domestic water service to the unincorporated
and agricultural-based communities of Highland and East Highlands. Later, as the
population increased, the need for a modern sewer system to replace exist ing septic
tanks became apparent. The residents voted to give East Valley Water District the
responsibility for their sewer system, as they did earlier with their water service.
The District’s sphere of influence is approximately 30 square miles and serves several
other jurisdictions within its service boundary of nearly 102,000 people. Other
jurisdictions falling within the Districts boundary include the San Manuel Band of Mission
Indians, the Department of Transportation, the City of Highland, the City of San
Bernardino, and the County of San Bernardino. All services are financed solely by rates
and consist of no tax money - customers pay only for the benefits and services they
receive.
Because the District focuses on providing 2 services - water and sewer - East Valley
Water District has put together a professional team of experts to operate and maintain
both systems. The District has developed a straightforward management structure
consisting of a Board of Directors that are elected by its customers, a general manager,
and staff members. The Board of Directors consists of 5 members of the community who
represent their neighbors.
The District serves approximately 23,000 water and sewer customers. The District’s
customer profile is made up of residential, small commercial, and a limited number of
industrial customers. The District operates an 8 million gallon per day surface water
treatment plant and provides service to District customers over 293 miles of water mains
and 219 miles of sewer mains.
DESCRIPTION OF WORK
East Valley Water District (EVWD) is soliciting proposals from professional consulting
surveying firms to provide Professional land surveying services (in accordance with the
California PLS Act) on an as needed basis. Qualified firms shall have both field and office
experience relating to the preparation of plans, maps, plats, legal descriptions, records of
survey and ALTA Surveys for capital improvement projects including field related
construction layout, as-builts, deformation monitoring and mapping of District water,
wastewater & recycled water improvement projects and facilities . The selected
5
Consultant(s) must have the expertise, experience, and resources available to perform
the work described in this RFQ in the systems being proposed.
The selected Consultant(s) may assist the District with various land surveying
assignments including, but not limited to, the following :
• Performing field surveys including; establishing control networks basis of bearings,
boundary retracement, topographic mapping and as-built mapping of existing
facilities or structures.
• Performing laser scans of existing facilities, piping/equipment, site topography and
provide the pertinent data files and maps associated.
• Preparation of easement legal descriptions, plats, records of survey, ALTA
Surveys, topographic and right-of-way maps.
• Preparation of and coordination of photogrammetric surveys. Performing aerial
drone work may be included in these photogrammetric surveys.
• Performing various types of surveying tasks on all types of construction
projects such as staking, setting of horizontal and vertical control, leveling , as-
builts and other construction related field surveying tasks.
• Performing Quality Assurance work associated with various types of land
surveying work.
• Reviewing, suggesting corrections, and making recommendations on the
checking of parcel maps, records of survey, right of way cases, minor land
cases, and final subdivision maps.
• Providing boundary record analysis and assisting as an expert witness if
necessary.
• Performing field monument inspections on parcel maps and final subdivision
maps for District related projects or properties.
• Locating, referencing or resetting monuments.
• Performing volume calculations and associated field surveys.
• Other associated professional services that may be requested.
These services are intended to support the District’s activities within the Capital
Improvement Program, regulatory efforts, local development and coordinat e with local
partnering municipalities.
TASK ORDER AWARDS/ON-CALL SERVICES:
Services will be requested in a manner that provides the most flexibility and support to
the District.
TASK ORDER PRICING PROTOCOL: As the need for services arise, the District will
solicit proposal/s from one or more of the selected consultants (either on “time and
materials” or “firm-fixed price” basis) covering the requirements of that task order. The
rates utilized by the consultant within the formulation of task order Proposals shall be
consistent with the rates established within consultant master services agreements.
6
Task Order Award Decision: If more than one proposal is received the District will
review the submitted task order Proposal, the District anticipates awarding a given
task order based on factors other than only price, such as strongest qualifications,
availability expertise, and schedule proposed for project completion.
ON-CALL PROTOCOL: In some cases, on call services may be requested by EVWD.
The Consultant shall be reimbursed for services on the hourly rates as shown in the
Proposal Rate/Fee Schedule (Attachment A) to perform services awarded under this
solicitation. The fee schedule should indicate hourly rates for project staff and any
reimbursable costs. Hourly fee rates and reimbursable costs shall be valid throughout
the duration of the contract with annual CPI adjustments.
GRANT AND/OR LOAN REQUIREMENTS:
The Consultant is advised that when a grant or loan is involved with a project specific
Task Order, the Task Order may include grant and/or loan language that is required to be
included in every contract related to the grant/loan. The grant language will vary by
grant/loan. This may require the labor compliance consultant to perform six steps
if they hire a sub-consultant to assist them in their work. If these requirements are
performed, they meet the current requirements for all loans and grants. The
Disadvantages Business Enterprise (DBE) requirements may periodically be revised by
grantor or SRF lender and will automatically be incorporated into this contract.
It will be up to the proposing Consultant to determine which of the following scenarios will
be utilized in performing the DBE requirements:
1. No Sub-Consultants will be hired for the term of the Master Contract. DBE
is not required.
2. If the Consultant will hire a Sub-Consultant that will be utilized for the whole
term of the Master Contract, DBE can be performed during the RFQ period.
And submitted with the proposal along with the names of the sub -
consultants.
3. If the Consultant opts to hire Sub-Consultants on an as needed basis after
the task Order is received, DBE must be performed each time a sub -
consultant is hired.
Proof of advertising and the required forms must be submitted at the time DBE is
performed for review and approval by EVWD. Sub-consultant work must be itemized on
the invoices.
For Grant and/or Loan funded projects, no invoice will be paid that has Sub-Consultants
listed as performing the work without proof that the DBE has been performed.
PROPOSAL INSTRUCTIONS AND FORMAT
Proposals should be concise and devoid of extraneous material and promotional
information. They should be of sufficient detail to allow a thorough evaluation of the firms
7
work plan, qualifications and comparative analysis.
Inquiries concerning the request for proposal should be directed to Jason Wolf at
jwolf@eastvalley.org. Copies of the questions received, along with the corresponding
answers will be posted online no later than February 27th, 2020 at
https://www.eastvalley.org/bids.aspx. It is the Consultant’s responsibility to ensure that
they access and review any questions and answers posted. The District is not responsible
for notifying individual potential bidders of the availability of questions and answers beyond
this notice.
The District may post Addendums to the RFQ online at the District’s website listed above. It
is the Consultants responsibility to access any addendums and ensure that stated
requirements are met.
SUBMISSION OF PROPOSALS
An electronic PDF copy (USB or CD/DVD rom) and five (5) hard copies of the Proposal
must be received by East Valley Water District no later than 4:00 p.m. on Thursday, March
12, 2020, at the address listed on the cover page of this RFQ.
The Proposal shall include, as a minimum the following information (This information will
be used as rating criteria in the rating process for selection of a Consultant to provide the
required services):
1. Transmittal Letter (Maximum 2 pages)
A signed letter of transmittal briefly stating the Consultant's understanding of the work to
be done, the commitment to perform the work expeditiously, and a statement why the firm
believes itself to be best qualified to perform the engagement. The letter should confirm
that the form is licensed to practice in the State of California.
2. Executive Summary (max. 2 pages)
Provide a high-level overview of the consultant’s responses to the RFQ and highlight the
main features and benefits of the proposed work.
3. Key Personnel (max. 4 pages, not including resumes)
Indicate key personnel and staff. Provide biographies of the Project Manager and other
key team members. Provide resumes for the team. The resumes shall provide specific
information about the team member’s experience with similar type activities. Individual
resumes shall be limited to 2 pages per individual. Provide an organizational chart of your
proposed team.
4. Qualifications and Experience (max. 10 pages)
8
A statement describing the Consultant’s qualifications to complete this Scope of Work
and an explanation as to why the Consultant is the best to deliver this Scope of Work.
Include descriptions of specific experience, technical understanding, and Consultant’s
capabilities relative to this solicitation.
5. References
List a minimum of five (5) references for whom comparable services were completed
within the last 2 years. References must be agencies that are government entities.
Provide names and contact information as required on the reference form included as
Appendix B-Reference Form. The Consultant should provide sufficient information, as part
of their proposal, to determine the work Consultant typically performs, location of equipment
and personnel, and other agencies or cities for which similar work is being performed.
Additional information on the firm or partnership will help the District more fully evaluate the
Consultants capabilities.
6. Forms
As part of the proposal to be evaluated, Appendix A and B Forms must be filled out and
submitted.
The RFQ Forms shall be returned in their entirety. Specifically, each Consultant shall include
the following Forms:
• Consultant Fee Schedule (See Appendix A)
• Consultant Identification Form (See Appendix B)
• Exception Form(s) (See Appendix B)
• Sub-Consultant/References Form (See Appendix B)
• Waiver/Release of Liability Form (See Appendix B)
• DIR Certification (See Appendix B)
• Certificate(s) of Insurance or Letter of Compliance
PROPOSAL TIMELINE
Milestone dates are shown in the schedule below. Submittal of a proposal indicates a firm’s
agreement and confirmation that it can and will meet the timeline requirements if information
requested from EVWD staff is delivered on a timely basis.
Issuance of Request for Qualifications (RFQs) Jan. 31st, 2020
Questions/Inquiries Due Feb. 20th, 2020
Post Answers to Questions/Inquiries * Feb. 27th, 2020
Submittal Package Due * Mar. 12th, 2020
9
RFQ Evaluations and Short List Firms * Mar. 16-27th, 2020
Announcement of Apparent Successful Consultants * Next available Board
Meeting
Anticipated Contract Award * 1 week following the Board
Meeting
* These dates are approximate and may change as needs arise by the District.
EVALUATION PROCEDURES
REVIEW OF PROPOSALS
Proposals submitted will be evaluated by members of a Committee comprised of key
District personnel.
EVALUATION CRITERIA
The District anticipates awarding several Master Services Contracts to the Consultants that
score highest based on the following criteria, which will be considered during the evaluation
process:
1. Qualifications and Experience (30 Points):
• The firm's experience and performance on comparable engagements.
• Demonstrated results of projects performing similar services.
2. Proposed Approach (30 Points):
• The approach proposed to undertake the project/task order, including
proposed best practice methodologies, areas of focus, proposed tools, etc.
3. Quality of Proposal (20 Points):
• Proposal is complete, detailed, organized, and services are clearly
presented.
• Proposal complies with RFQ instructions, conditions, format requirements.
4. Costs (20 Points)
• Hourly rates, provided in Appendix A, for key staff are reasonable and
within industry expected values.
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FINAL SELECTION
The Proposal Evaluation Committee will recommend the award of the Master Services
Contracts of the highest ranked Consultants to the General Manager / CEO based upon
the proposal evaluations.
CONDITIONS GOVERNING THE REQUEST FOR QUALIFICATIONS
RIGHT TO REJECT PROPOSALS
Submission of a proposal indicates acceptance by the firm of the conditions contained in
this Request for Qualifications unless clearly and specifically noted in the proposal
submitted and confirmed in the contract between the District and the firm selected.
The District reserves the right without prejudice to reject any or all proposals, or to request
and obtain from one or more firms proposing, supplementary information as may be
necessary for District staff to analyze the proposals pursuant to the consultant selection
criteria.
RECEIVING TIME / LATE PROPOSALS
It is the responsibility of Consultant to see that their proposal is submitted with sufficient time
to be received by the District prior to the proposal closing time. Late proposals will be
returned unopened to the sender. Postmarks are not accepted; all responses must be
received by the District by the deadline.
ACCEPTANCE OF CONDITIONS
Submission of a proposal constitutes acceptance of the Evaluation Criteria contained in
this RFQ. The firm/s, by submitting a response to this RFQ waives all rights to protest or
seek any legal remedies whatsoever regarding any aspect of this RFQ.
COST TO PROPOSE
Any cost incurred by the Consultant in preparation, transmittal, presentation of any proposal
or material submitted in response to this RFQ shall be borne solely by the Consultant. Any
cost incurred by the Consultant for set up and demonstration or for interviews shall be borne
solely by the Consultant.
DISCLOSURE OF PROPOSAL CONTENTS
All proposals are subject to the provisions of the California Public Records Act, California
Government Code section 6250 et seq., and any information submitted with a response is
a public record subject to disclosure, unless a specific exemption applies.
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CONDITIONS GOVERNING AGREEMENT
AGREEMENT
Consultants will be required to sign the District’s Standard Master Services Agreement.
A sample of the Agreement is provided for review (Appendix C). Submission of a proposal
signifies the firm’s general willingness to accept the terms of the Agreement, although
some sections may be waived by the District at the request of a proposing consultant.
Please specifically identify each term of the Agreement the firm is unwilling to
accept and the reasons therefore in the Exceptions Form. Insurance requirements
are not subject to waiver.
12
Appendices
Appendix A – Proposal Fee Schedule
Appendix B – Proposal Forms
Appendix C – Sample Contract
Appendix D – Sample Task Order
13
APPENDIX A: Proposal Fee Schedule
14
PROPOSAL FEE SCHEDULE
Consultant shall complete this Proposal Price Schedule for positions required to complete work items
described in the proposal and return it with their proposal. All proposed prices and fees may be adjusted
annually, based on the CPI, the base pricing shall be held through the contract performance period and
shall include costs associated with all, equipment, materials, transportation, overhead, travel, profit,
insurance, sales and other taxes, licenses, incidentals, and all other related costs necessary to provide
the related services.
DESCRIPTION PROPOSED UNIT RATE (per hour)
1. Survey Manager $___________
2. Project Surveyor $___________
3. Survey Assistant $___________
4. Draftsman/Technician $___________
5. Administrative Assistant $___________
6. Survey Crew – One Man (Prevailing Wage) $___________
7. Survey Crew – Two Man (Prevailing Wage) $___________
8. Survey Crew – Three Man (Prevailing Wage) $___________
9. Expert Witness (Initial Review) $___________
10. Expert Witness (Deposition) $___________
11. Expert Witness (Trial Testimony) $___________
12. Other (Specify)_______________________________ $___________
13. Other (Specify)_______________________________ $___________
14. Other (Specify)_______________________________ $___________
15. Other (Specify)_______________________________ $___________
16. Subconsultant (Specify)_______________________________ $___________
17. Subconsultant (Specify)_______________________________ $___________
18. Subconsultant (Specify)_______________________________ $___________
19. Subconsultant (Specify)_______________________________ $___________
Please note any other fees which may be applicable to the services being provided
15
APPENDIX B: Proposal Forms
• Consultant Identification Form
• List of Subconsultants and References Form
• Exception Form(s)
• Waiver/Release of Liability Form
• Certificate(s) of Insurance or Letter of Compliance
• DIR Certification
16
CONSULTANT IDENTIFICATION FORM
1. Legal name of Consultant: _______________________________________________________
___________________________________________________________________________
2. Consultant's Street Address: _____________________________________________________
___________________________________________________________________________
3. Consultant’s Mailing Address:______________________________________________________
______________________________________________________________________________
4. Consultant’s Business Telephone:___________________________________________________
5. Consultant's Fax Number: ___________________________________________________________
6. Consultant’s E-mail Address [All requests will be sent to this location]:_______________________
7. Type of Organization:
Sole Proprietor Partnership Corporation Other
If corporation, indicate State where incorporated:
8. Consultant’s Federal Tax Identification Number: ______________________________________
9. Consultant’s Project Manager:_____________________________________________________
17
SUBCONTRACTORS/SUBCONSULTANTS
List any subcontractors/subconsultants who may perform any services on this project.
(Use additional sheets if necessary)
FEDERAL TAX AREA OF
COMPANY ADDRESS ID NO. EXPERTISE
CONSULTANT REFERENCES
Information to whom relevant services have been provided in the past two (2) years by
the consultant. Reference at least five public agencies where these similar services
have been provided for the selected project areas.
ORGANIZATION ADDRESS TELEPHONE NO. CONTACT TYPE OF WORK
18
EXCEPTION FORM
Should your firm take exception to ANY of the terms and conditions or other contents provided in this
Request for Proposal, list the exceptions below. THIS COMPLETED FORM MUST BE SUBMITTED WITH
YOUR PROPOSAL. If no exception(s) are taken, enter "None" after item number one. (Make additional
copies of this form as necessary)
1. Page Number: Section Title: ____Paragraph Number: Exception Taken: ______
2. Page Number: Section Title: ______ Paragraph Number: Exception Taken: ___
3. Page Number: Section Title: ____ Paragraph Number: Exception Taken:__
4. Page Number: Section Title: ____ Paragraph Number: Exception Taken
5. Page Number: Section Title: ____ Paragraph Number: Exception Taken:__
19
WAIVER / RELEASE OF LIABILITY
I, the undersigned, on behalf of (hereinafter
referred to as Consultant), fully understand that the storage or leaving of any and
all Consultant owned equipment, materials, and supplies at the District’s facilities
during the term of the contract, exposes Consultant to the risk of, but not limited
to, theft, fire damage, vandalism, water damage, wind damage, and possible
personal injury to Consultant’s employees. For the privilege of storing/leaving
any and all Consultant owned equipment, materials, and supplies at the District’s
facilities, Consultant agrees to assume any and all such risks.
In consideration of being able to store/leave said equipment, materials, and
supplies at the District’s facilities, Consultant hereby releases, agrees not to sue,
or bring any action against, the East Valley Water District, its officers, employees,
agents, representatives, and volunteers for any and all liability, claims, or actions
for injury or death to Consultant’s employees, or damage or theft of said property
arising out of or in connection with the storage or leaving of said item(s) for
whatever cause, including the active or passive negligence of the East Valley
Water District, its officers, employees, agents, representatives, and volunteers.
I have carefully read this Waiver/Release of Liability and covenant not to sue,
and fully understand its contents, and the possible exposures that Consultant is
agreeing to assume. I am aware that this Waiver/Release of Liability is a full
release of any and all liability. I am signing such as the authorized agent of
Consultant, and of my own free will.
By:
Representative’s signature Date
Print Name Title
Approved:
Manager’s Signature
Date
20
PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION
(if applicable)
Pursuant to Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors
that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public
work must be registered with the Department of Industrial Relations (DIR). See
http://www.dir.ca.gov/Public-Works/PublicWorks.html for additional information.
No bid will be accepted nor any contract entered into without proof of the contractor’s
and subcontractors’ current registration with the DIR to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor
Code Sections 1725.5 and 1771.1 and is currently registered as a contractor with the
DIR.
Name of Bidder: ________________________________________________________
DIR Registration Number: _____________________________________
Bidder further acknowledges:
1. Bidder shall maintain a current DIR registration for the duration of the project.
2. Bidder shall include the requirements of Labor Code Sections 1725.5 and
1771.1 in its contract with subcontractors and ensure that all subcontractors
are registered at the time of bid opening and maintain registration status for
the duration of the project.
3. Failure to submit this form or comply with any of the above requirements may
result in a finding that the bid is non-responsive.
Signature: _____________________________________________________________
Name and Title: ________________________________________________________
Dated: ______________________________________
ATTACH COPY OF D.I.R. REGISTRATION
21
APPENDIX C: Sample Master Services Contact
MASTER SERVICES
AGREEMENT NO XXXX.XX
EAST VALLEY WATER DISTRICT
FOR
FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made this day of ___________________ 20___, by and
between the EAST VALLEY WATER DISTRICT, a County Water District organized and
operating pursuant to California Water Code Section 30000 et seq. (hereinafter referred to as the
“DISTRICT”), and _______________________________________, a
_______________________________ (hereinafter referred to as “CONSULTANT”).
RECITALS
WHEREAS, the DISTRICT desires to contract with CONSULTANT to provide
professional services for Land Surveying (hereinafter referred to as “Work”); and
WHEREAS, CONSULTANT is willing to contract with the DISTRICT to provide such
services; and
WHEREAS, CONSULTANT holds itself as duly licensed, qualified, and capable of
performing said services; and
WHEREAS, this Agreement establishes the terms and conditions for the DISTRICT to
retain CONSULTANT to provide the services described herein for the Project.
COVENANTS
NOW, THEREFORE, in consideration of the faithful performance of the terms and
conditions set forth herein, the parties hereto agree as follows:
ARTICLE I
ENGAGEMENT OF CONSULTANT
AND AUTHORIZATION TO PROCEED
1.1 ENGAGEMENT: The DISTRICT hereby engages CONSULTANT, and
CONSULTANT hereby accepts the engagement, to perform certain design professional services
described in Section 2.1 of this Agreement for the term set forth in Section 6.7 of this Agreement.
1.2 AUTHORIZATION TO PROCEED: Authorization for CONSULTANT to
proceed with all or a portion of the work described in Section 2.1of this Agreement and subsequent
task orders will be granted in writing by the DISTRICT as soon as both parties sign the Agreement
and all applicable insurance and other security documents required pursuant to Section 6.3 of this
Agreement are received and approved by the DISTRICT. CONSULTANT shall not proceed with
said work until so authorized by the DISTRICT, and shall commence work immediately upon
receipt of the Notice to Proceed.
1.3 NO EMPLOYEE RELATIONSHIP: CONSULTANT shall perform the services
provided for herein as an independent contractor, and not as an employee of the DISTRICT. The
DISTRICT shall have ultimate control over the work performed for the Project. CONSULTANT
is not to be considered an agent or employee of the DISTRICT for any purpose, and shall not be
entitled to participate in any pension plans, insurance coverage, bonus, stock, or similar benefits
that the DISTRICT provides for its employees. CONSULTANT shall indemnify the DISTRICT
for any tax, retirement contribution, social security, overtime payment, or workers’ compensation
payment which the DISTRICT may be required to make on behalf of CONSULTANT or any
employee of CONSULTANT for work performed under this Agreement.
ARTICLE II
SERVICES OF CONSULTANT
2.1 SCOPE OF SERVICES: The scope of professional services to be performed by
the CONSULTANT under this Master Services Agreement will be described in each individual
Task Order released under this Master Services Agreement , and shall, where not specifically
addressed, include all related services ordinarily provided by the CONSULTANT under same or
similar circumstances and/or otherwise necessary to satisfy the requirements of Section 3.3 of
this Agreement. In case of conflict between the terms of this Agreement and the provisions of
the task order Scope of Work, the task order shall govern.
2.2 DEPARTMENT OF INDUSTRIAL RELATIONS COMPLIANCE: This work is
subject to compliance monitoring and enforcement by the Department of Industrial Relations. A
contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to
the requirements of Section 4104 of the California Public Contract Code, or engage in the
performance of any contract for public work, as defined by the California Labor Code, unless
currently registered and qualified to perform public work pursuant to Section 1725.5 of the
California Labor Code.
2.3 PREVAILING WAGES: In accordance with the provisions of the California Labor
Code, CONSULTANT shall secure the payment of compensation to employees. To the extent
required by the California Labor Code, CONSULTANT shall pay not less than the prevailing rate
of per diem wages as determined by the Director, Department of Industrial Relations, and State of
California. Copies of such prevailing rate of per diem wages are on file at the DISTRICT’s office,
which copies will be made available to any interested party upon request. CONSULTANT shall
post a copy of such determination at each job site. If applicable, CONSULTANT shall forfeit to
the DISTRICT the amount of the penalty set forth in Labor Code Section 1777.7(b), or any
subsequent amendments thereto, for each calendar day, or portion thereof, for each worker paid
less than the specified prevailing rates for such work or craft in which such worker is employed,
whether paid by CONSULTANT or by any subcontractor.
2.4 HOURS AND WORKING CONDITIONS: The DISTRICT is a public entity in
the State of California and is subject to the provisions of the Government Code and the Labor Code
of the State. It is stipulated and agreed that all provisions of law applicable to public contracts are
a part of this Agreement to the same extent as though set forth herein and will be complied with
by CONSULTANT. CONSULTANT shall comply with all applicable provisions of the California
Labor Code relating to working hours and the employment of apprentices on public works projects.
CONSULTANT shall, as a penalty to the DISTRICT, forfeit $25.00 for each worker employed in
the execution of this Agreement by CONSULTANT or by any subcontractor, for each calendar
day during which such worker is required or permitted to work more than 8 hours in any one
calendar day and 40 hours in any one calendar week, unless such worker received compensation
for all hours worked in excess of 8 hours at not less than 1½ times the basic rate of pay.
2.5 OBSERVING LAWS AND ORDINANCES: CONSULTANT shall keep itself
fully informed of all relevant existing state and federal laws and all relevant county and city
ordinances and regulations which pertain to the tasks to be performed under this Agreement, and
of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the
same. CONSULTANT shall at all times observe and comply with all such existing laws,
ordinances, regulations, orders, and decrees, and shall, to the extent of CONSULTANT’S
negligence, protect and indemnify, as required herein, DISTRICT against any claim or liability
arising from or based on the violation of any such law, ordinance, regulation, order or decree,
whether by CONSULTANT or its employees.
ARTICLE III
RESPONSIBILITIES OF THE DISTRICT AND OF CONSULTANT
3.1 DUTIES OF THE DISTRICT: The DISTRICT, without cost to CONSULTANT,
will provide all pertinent information necessary for CONSULTANT’s performance of its
obligations under this Agreement that is reasonably available to the DISTRICT unless otherwise
specified in the Scope of Work, in which case the CONSULTANT is to acquire such information.
The DISTRICT does not guarantee or ensure the accuracy of any reports, information, and/or data
so provided. To the extent that any reports, information, and/or other data so provided was
supplied to the DISTRICT by persons who are not employees of the DISTRICT, any liability
resulting from inaccuracies and/or omissions contained in said information shall be limited to
liability on behalf of the party who prepared the information for the DISTRICT.
3.2 REPRESENTATIVE OF DISTRICT: The DISTRICT will designate
_______________________ as the person to act as the DISTRICT’s representative with respect
to the work to be performed under this Agreement. Such person will have comp lete authority to
transmit instructions, receive information, and interpret and define the DISTRICT’s policies and
decisions pertinent to the work. In the event the DISTRICT wishes to make a change in the
DISTRICT’s representative, the DISTRICT shall notify the CONSULTANT of the change in
writing.
3.3 DUTIES OF CONSULTANT: CONSULTANT shall perform the Project work in
such a manner as to fully comply with all applicable professional standards of care, including
professional quality, technical accuracy, timely completion, and other services furnished and/or
work undertaken by CONSULTANT pursuant to this Agreement. The CONSULTANT shall
cause all work and deliverables to conform to all applicable federal, state, and local laws and
regulations.
3.4 APPROVAL OF WORK: The DISTRICT’s approval of work or materials
furnished hereunder shall not in any way relieve CONSULTANT of responsibility for the technical
adequacy of its work. Neither the DISTRICT’s review, approval or acceptance of nor payment
for any of the services shall be construed to operate as a waiver of any rights under this Agreement
or of any cause of action arising out of the performance of this Agreement. Where approval by
the DISTRICT is indicated in this Agreement, it is understood to be conceptual approval only and
does not relieve the CONSULTANT of responsibility for complying with all laws, codes, industry
standards, and liability for damages caused by negligent acts, errors, omissions, noncompliance
with industry standards, or the willful misconduct of the CONSULTANT or its subcontractors.
CONSULTANT’s obligation to defend, indemnify, and hold harmless the DISTRICT, and its
directors, officers, employees and agents as set forth in Section 6.9 of this Agreement also applies
to the actions or omissions of the CONSULTANT or its subcontractors as set forth above in this
paragraph.
ARTICLE IV
PAYMENTS TO CONSULTANT
4.1 PAYMENT: The DISTRICT will pay CONSULTANT for work performed under
this Agreement, which work can be verified by the DISTRICT, on the basis of the following:
CONSULTANT shall exercise its good faith best efforts to facilitate a full and clear definition of
the scope of all assigned work so that the amount set forth in Section 4.3 of this Agreement will
cover all tasks necessary to complete the work. The amount set forth in Section 4.3 of this
Agreement is the maximum compensation to which CONSULTANT may be entitled for the
performance of services to complete the work for the Project, unless the Scope of Work or time to
complete the work is changed by the DISTRICT in writing in advance of the work to be performed
thereunder. Adjustments in the total payment amount shall only be allowed pursuant to Section
6.4 of this Agreement. In no event shall CONSULTANT be entitled to compensation greater than
the amount set forth in Section 4.3 of this Agreement or set forth in each individual task order
where changes in the Scope of Work or the time for performance are necessitated by the negligence
of CONSULTANT or any subcontractor performing work.
4.2 PAYMENT TO CONSULTANT: Payment will be made by the DISTRICT within
thirty (30) calendar days after receipt of an invoice from CONSULTANT, provided that all
invoices are complete and product and services are determined to be of sufficient quality by the
DISTRICT. CONSULTANT shall invoice DISTRICT monthly for services performed under this
Agreement. In the event that a payment dispute arises between the parties, CONSULTANT shall
provide to the DISTRICT full and complete access to CONSULTANT’s labor cost records and
other direct cost data, and copies thereof if requested by the DISTRICT.
4.3 ESTIMATED CHARGES: The total estimated charges for all work under this
Agreement will be estimated within each individual task order, and such amount is the cost ceiling.
The total estimated charges stated in each individual task order constitute the total amount agreed
to.
4.4 COST FOR REWORK: CONSULTANT shall, at no cost to the DISTRICT,
prepare any necessary rework occasioned by CONSULTANT’s negligent act or omission or
otherwise due substantially to CONSULTANT’s fault.
ARTICLE V
COMPLETION SCHEDULE
5.1 TASK SCHEDULE: The work is anticipated to be completed in accordance with
the schedule contained in the task order.
5.2 TIME OF ESSENCE: CONSULTANT shall perform all services required by this
Agreement in a prompt, timely, and professional manner in accordance with the above schedule.
Time is of the essence in this Agreement.
ARTICLE VI
GENERAL PROVISIONS
6.1 COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS:
CONSULTANT shall at all times observe all applicable provisions of Federal, State, and Local
laws and regulations including, but not limited to, those related to Equal Opportunity Employment.
6.2 SUBCONTRACTORS AND OUTSIDE CONSULTANTS: No subcontract shall
be awarded by CONSULTANT if not identified as a subcontractor in its Proposal unless prior
written approval is obtained from the DISTRICT. CONSULTANT shall be responsible for
payment to subcontractors used by them to perform the services under this Agreement. If
CONSULTANT subcontracts any of the work to be performed, CONSULTANT shall be as fully
responsible to the DISTRICT for the performance of the work, including errors and omissions of
CONSULTANT’s subcontractors and of the persons employed by the subcontractor, as
CONSULTANT is for the acts and omissions of persons directly employed by the
CONSULTANT. Nothing contained in this Agreement shall create any contractual relationship
between any subcontractor of CONSULTANT and the DISTRICT. CONSULTANT shall bind
every subcontractor and every subcontractor of a subcontractor to the terms of this Agreement that
are applicable to CONSULTANT’s work unless specifically noted to the contrary in the
subcontract in question and approved in writing by the DISTRICT.
6.3 INSURANCE: CONSULTANT shall secure and maintain in full force and effect,
until the satisfactory completion and acceptance of the Project by DISTRICT, such insurance as
will protect it and the DISTRICT in such a manner and in such amounts as set forth below. The
premiums for said insurance coverage shall be paid by the CONSULTANT. The failure to comply
with these insurance requirements may constitute a material breach of this Agreement, at the sole
discretion of the DISTRICT.
(a) Certificates of Insurance: Prior to commencing services under this Agreement, and
in any event no later than ten (10) calendar days after execution of this Agreement,
CONSULTANT shall furnish DISTRICT with Certificates of Insurance and
endorsements verifying the insurance coverage required by this Agreement is in
full force and effect. The DISTRICT reserves the right to require complete and
accurate copies of all insurance policies required under this Agreement.
(b) Required Provisions: The insurance policies required by this Agreement shall
include the following provisions or have them incorporated by endorsement(s):
(1) Primary Coverage: The insurance policies provided by CONSULTANT
shall be primary insurance and any self-insured retention and/or insurance
carried by or available to the DISTRICT or its employees shall be excess
and non-contributory coverage so that any self-insured retention and/or
insurance carried by or available to the DISTRICT shall not contribute to
any loss or expense under CONSULTANT’s insurance.
(2) Additional Insured: The policies of insurance provided by
CONSULTANT, except Workers' Compensation and Professional
Liability, shall include as additional insureds: the DISTRICT, its directors,
officers, employees, and agents when acting in their capacity as such in
conjunction with the performance of this Agreement. Such policies shall
contain a "severability of interests" provision, also known as "Cross
liability" or "separation of insured".
(3) Cancellation: Each certificate of insurance and insurance policy shall
provide that the policy may not be non-renewed, canceled (for reasons other
than non-payment of premium) or materially changed without first giving
thirty (30) days advance written notice to the DISTRICT, or ten (10) days
advance written notice in the event of cancellation due to non-payment of
premium.
(4) Waiver of Subrogation: The insurance policies provided by
CONSULTANT shall contain a waiver of subrogation against DISTRICT,
its directors, officers, employees and agents for any claims arising out of
the services performed under this Agreement by CONSULTANT.
(5) Claim Reporting: CONSULTANT shall not fail to comply with the claim
reporting provisions or cause any breach of a policy condition or warranty
of the insurance policies required by this Agreement that would affect the
coverage afforded under the policies to the DISTRICT.
(6) Deductible/Retention: If the insurance policies provided by
CONSULTANT contain deductibles or self-insured retentions, any such
deductible or self-insured retention shall not be applicable with respect to
the coverage provided to DISTRICT under such policies. CONSULTANT
shall be solely responsible for any such deductible or self-insured retention
and the DISTRICT, in its sole discretion, may require CONSULTANT to
secure the payment of any such deductible or self-insured retention by a
surety bond or an irrevocable and unconditional letter of credit.
(7) Consultant’s Subcontractors: CONSULTANT shall include all
subcontractors as additional insureds under the insurance policies required
by this Agreement to the same extent as the DISTRICT or shall furnish
separate certificates of insurance and policy endorsements for each
subcontractor verifying that the insurance for each subcontractor complies
with the same insurance requirements applicable to CONSULTANT under
this Agreement.
(c) Insurance Company Requirements: CONSULTANT shall provide insurance
coverage through insurers that have at least an "A" Financial Strength Rating and a
"VII" Financial Size Category in accordance with the current ratings by the A. M.
Best Company, Inc. as published in Best’s Key Rating Guide or on said company’s
web site. In addition, any and all insurers must be admitted and authorized to
conduct business in the State of California and be a participant in the California
Insurance Guaranty Association, as evidenced by a listing in the appropriate
publication of the California Department of Insurance.
(d) Policy Requirements: The insurance required under this Agreement shall meet or
exceed the minimum requirements as set forth below:
(1) Workers' Compensation: CONSULTANT shall maintain Workers'
Compensation insurance as required by law in the State of California to
cover CONSULTANT’s obligations as imposed by federal and state law
having jurisdiction over CONSULTANT’s employees and Employers'
Liability insurance, including disease coverage, of not less than $1,000,000.
(2) General Liability: CONSULTANT shall maintain Comprehensive General
Liability insurance with a combined single limit of not less than $1,000,000
per occurrence or claim and $1,000,000 aggregate. The policy shall include,
but not be limited to, coverage for bodily injury, property damage, personal
injury, products, completed operations and blanket contractual to cover, but
not be limited to, the liability assumed under the indemnification provisions
of this Agreement. In the event the Comprehensive General Liability
insurance policy is written on a "claims made" basis, coverage shall extend
for two years after the satisfactory completion and acceptance of the Project
by DISTRICT.
(3) Automobile Liability: CONSULTANT shall maintain Commercial
Automobile Liability insurance with a combined single limit for bodily
injury and property damage of not less than $1,000,000 each occurrence for
any owned, hired, or non-owned vehicles.
(4) Professional Liability: CONSULTANT shall maintain Professional
Liability insurance covering errors and omissions arising out of the services
performed by the CONSULTANT or any person employed by him, with a
limit of not less than $1,000,000 per occurrence or claim and $1,000,000
aggregate. In the event the insurance policy is written on a "Claims made"
basis, coverage shall extend for two years after the satisfactory completion
and acceptance of the Project by DISTRICT.
(5) Property Coverage – Valuable Papers: Property coverage on an all-risk,
replacement cost form with Valuable Papers insurance sufficient to assure
the restoration of any documents, memoranda, reports, plans or other
similar data, whether in hard copy or electronic form, relating to the services
provided by CONSULTANT under this Agreement.
6.4 CHANGES IN SCOPE OR TIME: If the DISTRICT requests a change in the
Scope of Work or time of completion by either adding to or deleting from the original scope or
time of completion, an equitable adjustment shall be made and this Agreement shall be modified
in writing accordingly. CONSULTANT must assert any claim for adjustment under this clause in
writing within thirty (30) calendar days from the date of receipt from CONSULTANT of the
notification of change unless the DISTRICT grants a further period of time before the date of final
payment under this Agreement.
6.5 NOTICES: All notices to either party by the other shall be made in writing and
delivered or mailed to such party at their respective addresses as follows, or to other such address
as either party may designate, and said notices shall be deemed to have been made when
delivered or, if mailed, five (5) days after mailing.
To DISTRICT: East Valley Water District
31111 Greenspot Road
Highland, CA 92346
Attn: Engineering Manager
To CONSULTANT: _____________________________
_____________________________
_____________________________
Attn: _________________________
6.6 CONSULTANT’S ASSIGNED PERSONNEL: CONSULTANT designates
____________________ to have immediate responsibility for the performance of the work and for
all matters relating to performance under this Agreement. Substitution of any assigned personnel
shall require the prior written approval of the DISTRICT. If the DISTRICT determines t hat a
proposed substitution is not acceptable, then, at the request of the DISTRICT, CONSULTANT
shall substitute with a person acceptable to the DISTRICT.
6.7 TERMINATION:
(a) If the engagement of CONSULTANT is not extended by the mutual written consent of the
DISTRICT and CONSULTANT, then this Agreement shall expire on the latest date set
forth in the schedule contained in the Scope of Work for completion of tasks for the Project.
(b) Notwithstanding the above, the DISTRICT may terminate this Agreement or
abandon any portion of the Project by giving ten (10) days written notice thereof to
CONSULTANT. CONSULTANT may terminate its obligation to provide further
services under this Agreement upon thirty (30) calendar days written notice only in
the event of substantial failure by the DISTRICT to perform in accordance with the
terms of this Agreement through no fault of the CONSULTANT.
(c) In the event of termination of this Agreement or abandonment of any portion of the
Work, the DISTRICT shall be immediately given title to all original drawings and
other documents developed for the Project, and the sole right and remedy of
CONSULTANT shall be to receive payment for all amounts due and not previously
paid to CONSULTANT for services completed or in progress in accordance with
the Agreement prior to such date of termination. If termination occurs prior to
completion of any task for which payment has not been made, the fee for services
performed during such task shall be based on an amount mutually agreed to by the
DISTRICT and CONSULTANT. Such payments available to the CONSULTANT
under this paragraph shall not include costs related to lost profit associated with the
expected completion of the work or other such payments relating to the benefit of
this Agreement.
6.8 ATTORNEYS’ FEES: In the event that either the DISTRICT or CONSULTANT
brings an action or proceeding for damages for an alleged breach of any provision of this
Agreement, to interpret this Agreement or determine the rights of and duties of either pa rty in
relation thereto, the prevailing party shall be entitled to recover as part of such action or proceeding
all litigation, arbitration, mediation and collection expenses, including witness fees, court costs,
and reasonable attorneys' fees. Such fees shall be determined by the Court in such litigation or in
a separate action brought for that purpose. Mediation will be attempted if both parties mutually
agree before, during, or after any such action or proceeding has begun.
6.9 INDEMNITY:
(a) To the extent allowed by law, CONSULTANT shall defend, indemnify and hold
DISTRICT, including its directors, officers, employees and agents, harmless from
and against any and all claims, demands, causes of action, suits, debts,
obligations, liabilities, losses, damages, costs, expenses, attorney’s fees, awards,
fines, settlements, judgments or losses of whatever nature, character, and
description, that arise out of, pertain to, or relate to the negligence, recklessness,
or willful misconduct of CONSULTANT or any of CONSULTANT’s
subcontractors, including their respective directors, officers, employees, agents
and assigns, excepting only such matters arising from the sole negligence or
willful misconduct of the DISTRICT.
(b) CONSULTANT shall defend, indemnify and hold DISTRICT, including its
directors, officers, employees and agents, harmless from and against any and all
claims, demands, causes of action, suits, debts, obligations, liabilities, losses,
damages, costs, expenses, attorney’s fees, awards, fines, settlements, judgments or
losses of whatever nature, character, and description, with respect to or arising out
of any infringement or alleged infringement of any patent, copyright or trademark
and arising out of the use of any equipment or materials furnished under this
Agreement by the CONSULTANT or CONSULTANT’s subcontractors, including
their respective directors, officers, employees, agents and assigns, or out of the
processes or actions employed by, or on behalf of, the CONSULTANT or
CONSULTANT’s subcontractors, including their respective directors, officers,
employees, agents and assigns, in connection with the performance of services
under this Agreement. CONSULTANT shall have the right, in order to avoid such
claims or actions, to substitute at its expense non-infringing equipment, materials
or processes, or to modify at its expense such infringing equipment, materials, and
processes so they become non-infringing, provided that such substituted and
modified equipment, materials, and processes shall meet all the requirements and
be subject to all the provisions of this Agreement.
(c) CONSULTANT shall defend, indemnify and hold DISTRICT, including its
directors, officers, employees and agents, harmless from and against any and all
claims, demands, causes of action, suits, debts, obligations, liabilities, losses,
damages, costs, expenses, attorney’s fees, awards, fines, settlements, judgments or
losses of whatever nature, character, and description, with respect to or arising out
of any breach by CONSULTANT or CONSULTANT’s subcontractors, including
their respective directors, officers, employees, agents and assigns, of the aforesaid
obligations and covenants, and any other provision or covenant of this Agreement.
(d) It is the intent of the parties to this Agreement that the defense, indemnity, and hold
harmless obligation of CONSULTANT under this Agreement shall be as broad and
inclusive as may be allowed under California Civil Code §§ 2778 through 2784.5,
or other similar state or federal law.
6.10 SAFETY: CONSULTANT shall perform the work in full compliance with
applicable State and Federal safety requirements including, but not limited to, Occupational
Safety and Health Administration requirements.
(a) CONSULTANT shall take all precautions necessary for the safety of, and
prevention of damage to, property on or adjacent to the Project site, and for the
safety of, and prevention of injury to, persons, including DISTRICT’s employees,
CONSULTANT’s employees, and third persons. All work shall be performed
entirely at CONSULTANT’s risk. CONSULTANT shall comply with the
insurance requirements set forth in Section 6.3 of this Agreement.
(b) Upon request from the District, CONSULTANT shall also furnish the DISTRICT
with a copy of any injury prevention program established for the CONSULTANT’s
employees pursuant to Labor Code Section 6401.7, including any necessary
documentation regarding implementation of the program. CONSULTANT hereby
certifies that its employees have been trained in the program, and procedures are in
place to train employees whenever new substances, processes, procedures, or
equipment are introduced. CONSULTANT shall demonstrate compliance with
Labor Code Section 6401.7 by maintaining a copy of its Injury and Illness
Prevention Plan at the Project site and making it available to the DISTRICT.
6.11 EXAMINATION OF RECORDS: All original drawings, specifications, reports,
calculations, and other documents or electronic data developed by CONSULTANT for the Project
shall be furnished to and become the property of the DISTRICT. Any reuse or modification of
such documents for purposed other than those intended by the CONSULTANT i8n its scope of
services shall be at the DISTRICT’S sole risk and without legal liability t o the CONSULTANT.
CONSULTANT agrees that the DISTRICT will have access to and the right to examine any
directly pertinent books, documents, papers, and records of any and all of the transactions relating
to this Agreement.
6.12 OWNERSHIP OF SOFTWARE:
If throughout the term of this Agreement, CONSULTANT generates any Software as part of its
performance of this Agreement, the following language shall apply to CONSULTANT’s and
DISTRICTS rights in said Software:
(a) Subject to payment of all compensation due under this Agreement and all other
terms and conditions herein, CONSULTANT hereby grants DISTRICT a
nonexclusive, transferable, royalty-free license to use the Software furnished to
DISTRICT by CONSULTANT under this Agreement. The license granted herein
shall authorize DISTRICT to:
(1) Install the Software on computer systems owned, leased or otherwise
controlled by DISTRICT;
(2) Utilize the Software for its internal data-processing purposes; and
(3) Copy the Software and distribute as desired to exercise the rights granted
herein.
(b) CONSULTANT retains its entire right, title and interest in the Software developed
under this Agreement. DISTRICT acknowledges that CONSULTANT owns or
holds a license to use and sublicense various pre-existing development tools,
routines, subroutines and other programs, data and materials that CONSULTANT
may include in the Software developed under this Agreement. This material shall
be referred to hereafter as “Background Technology.”
(c) DISTRICT agrees that CONSULTANT shall retain any and all rights
CONSULTANT may have in the Background Technology. CONSULTANT grants
DISTRICT an unrestricted, nonexclusive, perpetual, fully paid-up worldwide
license to use the Background Technology in the Software developed and delivered
to DISTRICT under this Agreement, and all updates and revisions thereto.
However, DISTRICT shall make no other commercial use of the Background
Technology without CONSULTANT’s written consent.
(d) CONSULTANT represents and warrants that the Software and Background
Technology used and/or developed under this Agreement shall be free of any claim
of trade secret, trademark, trade name, copyright, or patent infringement or other
violations of any proprietary rights of any person. CONSULTANT shall defend,
indemnify and hold harmless DISTRICT from any and all liability, damages,
losses, claims, demands, actions, causes of action, and costs including reasonable
attorney’s fees and expenses to the extent of CONSULTANT’S negligence for any
claim that use of the Software and/or Background Technology infringes upon any
trade secret, trademark, trade name, copyright, patent, or other proprietary rights.
6.13 INTEGRATION AND AMENDMENT: This Agreement contains the entire
understanding between the DISTRICT and CONSULTANT as to those matters contained herein.
No other representations, covenants, undertakings or other prior or contemporaneous
agreements, oral or written, respecting those matters, which are not specifically incorporated
herein, may be deemed in any way to exist or to bind any of the parties hereto. Each party
acknowledges that it has not executed this Agreement in reliance on any promise, representation
or warranty not set forth herein. This Agreement may not be amended except by a writing
signed by all parties hereto.
6.14 ASSIGNMENT: Neither party shall assign or transfer its interest in this
Agreement without written consent of the other party. All terms, conditions, and provisions of
this Agreement shall inure to and shall bind each of the parties hereto, and each of their
respective heirs, executors, administrators, successors, and assigns.
6.15 GOVERNING LAW: This Agreement shall be construed as if it was jointly
prepared by both parties hereto, and any uncertainty or ambiguity contained herein shall not be
interpreted against the party drafting same. This Agreement shall be enforced and governed by
the laws of the State of California. If any action is brought to interpret or enforce any term of
this Agreement, the action shall be brought in a state court situated in the County of San
Bernardino, State of California, or in a federal court with in rem jurisdiction over the Project.
6.16 HEADINGS: Article and Section headings in this Agreement are for convenience only
and are not intended to be used in interpreting or construing the terms, covenants, and conditions of this
Agreement.
6.17 PARTIAL INVALIDITY: If any term, covenant, condition, or provision of this
Agreement is found by a court of competent jurisdiction to be invalid, void, or unenforceable, the
remainder of the provisions hereof shall remain in full force and effect, and shall in no way be
affected, impaired, or invalidated thereby.
6.18 EFFECT OF DISTRICT’S WAIVER: Any failure by the DISTRICT to enforce
any provision of this Agreement, or any waiver thereof by the DISTRICT, shall not constitute a
waiver of its right to enforce subsequent violations of the same or any other terms or conditions
herein.
6.19 AUTHORITY: The individuals executing this Agreement represent and warrant
that they have the legal capacity and authority to sign this Agreement on behalf of and to so bind
their respective legal entities.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
first written above.
CONSULTANT DISTRICT
By:_____________________________ By:_____________________________
_____________________________ East Valley Water District
(Print Name and Title)
APPENDIX D: Sample Task Order
SAMPLE TASK ORDER TO
MASTER SERVICES AGREEMENT
FOR
LAND SURVEYING SUPPORT SERVICES
Date: ## / ## / #### Task Order Number: ##
Consultant: XXXXXXXX
Project / Task Description: _____________________________________________________
______________________________________________________________________________
______________________________________________________________________________
I. RECITALS
This Task order is issued for the procurement of services needed in conjunction with District Project
(NAME)
District and Consultant previously entered into Contract Number #####. Except as otherwise specified
herein, the terms and conditions of that Agreement are incorporated into this Task Order via this
reference.
II. TASK ORDER AGREEMENTS
i. Scope of Work: Consultant shall furnish the qualified personnel, equipment,
materials, and supplies necessary to perform the work described in the Exhibit A.
ii. Period of Performance: ## / ## / #### through ## / ## / ####
iii. Compensation: Authorized total payments to Consultant for performance of this
firm-fixed price Task Order shall not-to-exceed $###,###.##.
iv. Assigned Personnel: The below-listed named personnel are assigned to direct the
performance of this task order on behalf of the respective Parties.
PROJECT MANAGER ASSIGNMENT: All technical direction related to this
Task Order shall become from the designated Project Mangers. Details of the
District’s assignment are listed below:
Project Manager: (NAME)
Address: 31111 Greenspot Road
Highland, CA 92346
Phone: (NUMBER)
Email: (EMAIL)@eastvalley.org
CONTRACTOR ASSIGNMENT: Special inquires related to this agreement
and the effects of this Agreement shall be referred to the following:
Contractor: (Name of Business)
Project Manager: (NAME)
Address: (ADDRESS)
Phone: (NUMBER)
Email: (EMAIL)
v. Task Order Modifications: No communication, either written or oral, by other
than written and bi-lateral executed change order shall be effective to modify or
otherwise affect the provisions of this Task Order.
III. SIGNATURES
East Valley Water District (CONSULTANT)
______________________________ ______________________________
John Mura, General Manager (NAME), (TITLE)
Date: / / Date: / /
B O AR D AGE N D A S TAF F R E P ORT
Agenda Item #5.
Meeting Date: Ap ril 8, 2020
Dis c ussion Item
To: G o verning Board Memb ers
F rom: G eneral Manager/C EO
Subject: C ons id er ad o p tion of R esolution 2020.07 - Des ignation o f Ap p lic ant's Agent R esolution fo r Non-
S tate Agencies
R E C O MME N D AT IO N:
Due to the C O VI D-19 pandemic , staff recommends that the Board of Direc tors adopt R es olution 2020.07,
Designation o f Ap p lic ant's Agent R es o lutio n fo r Non-S tate Agencies , delegating s ignature authority fo r the
F ederal Emergenc y Management Agenc y (F EMA) reimbursement p ro cess .
B AC KGR O UN D / AN ALYS IS :
At Eas t Valley Water Dis trict (Dis trict) the health and safety o f o ur cus tomers and emp lo yees is a to p priority.
T he District is c lo s ely mo nito ring the lates t d evelopments related to C O VI D-19 (c o ro navirus ) and follo wing the
guid anc e of go vernment and pub lic health officials. As a water and was tewater agency the District p rovid es an
es s ential res ource to the p ublic. Meticulo us s teps to p rep are fo r emergenc ies like this have b een taken, and s taff
is c o nfident that we will ris e to the oc cas ion fo r our c o mmunity.
At the March 26, 2020 regular b o ard meeting, the G overning Board took ac tion to ratify the d ec laration of a
lo cal state of emergenc y. T his ac tion was the first of many step s to allow the Dis tric t to bec o me eligib le for
C O VID-19 related expens e reimbursements thro ugh the F ederal Emergenc y Management Agency (F EMA).
T his p ro ces s requires extens ive doc umentation and c ertific ation and provid es a fo rmal mechanis m fo r the
G overning Board to des ignate signature authority to s taff on b ehalf o f the District. In this case, the G eneral
Manager/C EO is lis ted as the p rimary s ignature, with the C hief F inanc ial O ffic er and the Direc tor of S trategic
S ervic es lis ted as appro ved alternates .
T he District has initiated regular meetings to d evelop weekly goals and objec tives , financial trac king pro cedures ,
inc reas ed c o mmunity outreach, and implemented mo d ific ations to s taffing in order to ens ure that the Dis tric t
continues to provid e world clas s service to our c o mmunity.
AG E N C Y G O ALS AN D OB J E C T IVE S :
R ecommended b y:
Jo hn Mura
G eneral Manager/C EO
R espec tfully sub mitted:
Kelly Malloy
Direc tor o f S trategic S ervic es
G o al and O bjec tives I I - Maintain a C ommitment to S us tainab ility, Transparenc y, and Ac c o untability
a) P rac tice Trans parent and Ac countab le F is cal Management
c) P urs ue Alternative F unding S ources
G o al and O bjec tives I I I - Deliver P ublic S ervic e with P urpose W hile Emb rac ing C ontinuo us G rowth
a) Ad vanc e Emergency P repared ness Effo rts
R E VIE W B Y O T HE R S :
T his agenda item has been reviewed by the Ad minis tratio n d ep artment.
F IS C AL IMPAC T
T here is no fis cal impac t as s o c iated with this item.
ATTACH M E N TS:
Description Type
Resolution 2020.07 Resolutio n Letter
STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES
Cal OES 130
Cal OES ID No:______________________
DESIGNATION OF APPLICANT'S AGENT RESOLUTION
FOR NON-STATE AGENCIES
BE IT RESOLVED BY THE OF THE
(Governing Body)(Name of Applicant)
THAT ,OR
(Title of Authorized Agent)
,OR
(Title of Authorized Agent)
(Title of Authorized Agent)
is hereby authorized to execute for and on behalf of the , a public entity
(Name of Applicant)
established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency
Services for the purpose of obtaining certain federal financial assistance under Public Law 93-288 as amended by the Robert T.Stafford
Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
THAT the ________________________________________________, a public entity established under the laws of the State of California,
(Name of Applicant)
hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster
assistance the assurances and agreements required.
Please check the appropriate box below:
This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.
This is a disaster specific resolution and is effective for only disaster number(s) ________________________
Passed and approved this day of , 20
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
(Name and Title of Governing Body Representative)
CERTIFICATION
I,,duly appointed and of
(Name)(Title)
,do hereby certify that the above is a true and correct copy of a
(Name of Applicant)
Resolution passed and approved by the of the
(Governing Body)(Name of Applicant)
on the day of , 20 .
(Title)
Page 1
(Signature)
Cal OES 130 (Rev.9/13)
8th April 20
David E. Smith, Board President
General Manager/CEO
Chief Financial Officer
Director of Strategic Services
East Valley Water DistrictBoard of Directors
East Valley Water District
East Valley Water District
Phillip R. Goodrich, Board Vice President
East Valley Water District
Board of Directors East Valley Water District
8th April 20
District Clerk
Resolution 2020.07
District ClerkJustine Hendricksen