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Request for Proposals (RFP) number DW-019 ... - Build-laccd.org

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<strong>Request</strong> <strong>for</strong> <strong>Proposals</strong> (<strong>RFP</strong>) <strong>number</strong> <strong>DW</strong>-<strong>019</strong><br />

Name of <strong>RFP</strong>: Cost Estimating Services<br />

<strong>RFP</strong> Schedule:<br />

<strong>RFP</strong> Issued: April 3, 2012<br />

Mandatory Pre-Proposal Conference: None<br />

Written Questions Due:<br />

April 13, 2PM PST<br />

<strong>Proposals</strong> Due:<br />

April 24, 2012 2PM PST<br />

Discussions (if any):<br />

TBD<br />

Negotiations (if any):<br />

TBD<br />

Best and Final Offers (if any):<br />

TBD<br />

Board of Trustees Action:<br />

TBD<br />

________________________________________________________________________________________<br />

Page 1 of 34


I. Background In<strong>for</strong>mation<br />

A. About the District<br />

Organized in 1969, the Los Angeles Community College District (“LACCD”, “District”) is the<br />

largest community college district in the nation, with nine campuses serving more than 250,000<br />

students. The District is part of the statewide Cali<strong>for</strong>nia Community College system. It is<br />

governed by an elected seven-member Board of Trustees, each of whom serves a four-year<br />

term.<br />

The mission of the District is to provide comprehensive lower-division general education,<br />

occupational education, transfer education, counseling and guidance, community services, and<br />

continuing education programs that are appropriate to the communities served and that meet<br />

the changing needs of students <strong>for</strong> academic and occupational preparation, citizenship, and<br />

cultural understanding.<br />

The District is spread throughout 36 cities in an area encompassing 882 square miles in the<br />

greater Los Angeles area. The District extends from Agoura Hills in the west San Fernando<br />

Valley to the City of San Fernando in the north and Monterey Park to the east. The service area<br />

includes Culver City on the west side of the greater Los Angeles basin; Monterey Park and San<br />

Gabriel on the east side as well as Palos Verdes Estates and San Pedro to the south. The<br />

District colleges educate more than 120,000 students a year.<br />

The District’s nine colleges, which range in size from twenty-two to over four hundred fifty acres,<br />

include:<br />

Los Angeles City College<br />

East Los Angeles College<br />

Los Angeles Harbor College<br />

Los Angeles Mission College<br />

Los Angeles Pierce College<br />

Los Angeles Southwest College<br />

Los Angeles Trade-Technical College<br />

Los Angeles Valley College<br />

West Los Angeles College<br />

The Western Association of Schools and Colleges accredits each of the District’s nine colleges.<br />

B. Changing Lives in a Changing Los Angeles<br />

In an era of civic renewal, economic change, and cultural revitalization that is unprecedented in<br />

the history of Los Angeles, the faculty, staff, and administrators of the nine Los Angeles<br />

community colleges are dedicated to the goal of expanding access to educational opportunity<br />

across the many, diverse communities that contribute to the greater Los Angeles area.<br />

The District serves all Angelenos by providing an unparalleled array of educational offerings,<br />

including programs that prepare students <strong>for</strong> successful careers, <strong>for</strong> transfer to four-year<br />

colleges and universities, <strong>for</strong> the improvement of essential life and workplace skills, and <strong>for</strong> civic<br />

engagement and life-long learning.<br />

The District strives to create supportive instructional environments that challenge students to<br />

meet rigorous academic standards, to become active, self-directed learners, to develop critical<br />

________________________________________________________________________________________<br />

Page 2 of 34


and creative habits of mind, and to develop an abiding appreciation <strong>for</strong> other peoples and other<br />

cultures. The District’s guiding principles in accomplishing its mission include:<br />

1. Access & Opportunity: The District is committed to expanding<br />

educational opportunity and access to everyone who has the desire to learn, and welcomes all<br />

students, including those from communities that have been traditionally underserved.<br />

2. Excellence & Innovation: In all of its services and institutional activities,<br />

the District strives to create a culture of excellence and innovation, and to challenge its students<br />

to meet the highest educational standards.<br />

3. Student Learning & Success: All of the District’s institutional ef<strong>for</strong>ts and<br />

resources are dedicated to one central purpose -- the support of its students as they work<br />

toward the achievement of their academic and professional goals.<br />

4. Free Inquiry: The District values the vigorous, critical and free exchange<br />

of ideas and opinions, and works actively to create communities of mutual respect and shared<br />

concern that support and sustain open debate and constructive, democratic discourse.<br />

5. The Power of Diversity: The District embraces diversity as a central<br />

part of its civic and institutional identity and as a powerful element in the education and<br />

development of every individual.<br />

6. Community Connection: The District’s colleges must be rooted in the<br />

communities they serve; so, the District is determined to build and maintain strong, durable, and<br />

responsive collaborations with its educational partners across Los Angeles, and with business,<br />

labor, and other <strong>org</strong>anizations that contribute to the fabric of the larger community.<br />

7. The Promise of Technology: Since technology plays a critical role in all<br />

of the District’s institutional operations and educational programs, the District is committed to<br />

keeping its systems and classrooms on the <strong>for</strong>efront of technological innovation and efficiency.<br />

8. Public Accountability: The District is accountable to the public <strong>for</strong> all<br />

aspects of its mission, and owes the students it serves, the people of Los Angeles, and the<br />

State of Cali<strong>for</strong>nia regular and timely assessments of all of its ef<strong>for</strong>ts in support of student<br />

learning and student success.<br />

C. District’s <strong>Build</strong>ing Program<br />

The District’s Sustainable <strong>Build</strong>ing Program (“<strong>Build</strong>ing Program”) involves the modernization<br />

and improvement of the District’s nine campuses to ensure Los Angeles’ residents are properly<br />

trained to fill the highly-skilled jobs of the 21st century.<br />

The <strong>Build</strong>ing Program represents one of the largest public sector sustainable building ef<strong>for</strong>ts in<br />

the United States, spending $6 Billion in voter-approved dollars to build "green" in order to<br />

preserve our planet's most vital resources and boost the local work<strong>for</strong>ce.<br />

All nine campuses have construction currently underway. Total construction values <strong>for</strong> the<br />

various bond issues are in the vicinity of $4 billion.<br />

The types of contracting used <strong>for</strong> the <strong>Build</strong>ing Program include both Design-<strong>Build</strong> and Design-<br />

Bid-<strong>Build</strong>. There is one College Project Manager (“CPM”) at each campus managing<br />

________________________________________________________________________________________<br />

Page 3 of 34


construction activity and providing field level management at each campus. Each CPM firm is<br />

comprised of a project director, several project managers, schedulers and various support staff.<br />

D. Scope of <strong>RFP</strong> Services<br />

The District is seeking to select three (3) qualified firms to remain “on call” to provide, in<br />

accordance with the <strong>for</strong>m of Contract and Task Order attached hereto as Exhibit “A”<br />

(“Contract”), as and when judged necessary by District in the exercise of its sole and absolute<br />

discretion, beginning on or about July 1, 2012 and thereafter <strong>for</strong> a period of three (3) years, the<br />

following cost estimating services <strong>for</strong> the <strong>Build</strong>ing Program (hereinafter referred to as the<br />

“Scope of Services”, “Scope of Work”, “Work” and/or “Services”):<br />

1. Estimating of design services/fees and construction costs <strong>for</strong><br />

design-bid-build (lump sum and cost plus fee/GMP) and designbuild<br />

(lump sum and cost plus fee/GMP) contracts <strong>for</strong> projects<br />

(including buildings, infrastructure, central plant, and alternative<br />

(or, renewable) energy systems projects) that are subject to<br />

design review, approval and inspection by DSA;<br />

2. Progressive estimating of construction costs at all phases of<br />

design, including programming, conceptual plans, schematic<br />

documents, design development documents, and construction<br />

documents; and<br />

3. Estimating of construction costs of change order work (extra work<br />

and deleted work).<br />

II.<br />

General Requirements<br />

A. Proposal Submission<br />

1. Time. Each person or entity submitting a proposal (“Proposer”) shall<br />

submit to the District a printed original together with a CD, flash drive or other similar storage<br />

device containing an electronic version in PDF <strong>for</strong>mat, of its proposal and all attachments,<br />

exhibits and appendices (“Proposal”), which must be received at the location stated below no<br />

later than 2:00 p.m. PST on April 24, 2012. Each Proposer is solely responsible <strong>for</strong> timely<br />

receipt by District of its Proposal and delay in the mail or other method of delivery used by the<br />

Proposer shall not constitute an excuse <strong>for</strong> late receipt. <strong>Proposals</strong> submitted via fax, telephone<br />

or e-mail will not be accepted. If a Proposal is hand-delivered, ample time should be allowed <strong>for</strong><br />

delays caused by downtown Los Angeles traffic and parking. In the sole and absolute discretion<br />

of the District, any Proposal received after the stated deadline may be returned without<br />

consideration or may be considered if an award cannot be made from among the <strong>Proposals</strong><br />

received on time.<br />

2. Location. Proposers shall mail or deliver <strong>Proposals</strong> to:<br />

BUILD-LACCD<br />

915 WILSHIRE BLVD, SUITE 810<br />

LOS ANGELES, CALIFORNIA 90017.<br />

ATTN: GARRY JESS, PROFESSIONAL CONTRACTS GROUP<br />

________________________________________________________________________________________<br />

Page 4 of 34


3. Contents. <strong>Proposals</strong> shall be submitted in 8 1/2" x 11" size, using a<br />

simple method of fastening. <strong>Proposals</strong> shall be typed and not include any unnecessarily<br />

elaborate or promotional material. Lengthy narrative is discouraged. A Proposal shall not<br />

contain more than seventy-five (75) sheets, printed double-sided (i.e. 150 pages total),<br />

excluding front and back covers and tabs. Print shall not be a font size of less than 11.<br />

<strong>Proposals</strong> violating the a<strong>for</strong>estated requirements may be, in the sole and absolute discretion of<br />

the District, considered non-responsive.<br />

4. Packaging. <strong>Proposals</strong> shall be enclosed in a sealed package<br />

conspicuously labeled with the Proposer’s legal name and the words "Confidential Proposal<br />

Responding to <strong>RFP</strong> No. <strong>DW</strong>-<strong>019</strong> Cost Estimating Services”. If the packaged Proposal is placed<br />

inside delivery packaging, both the inner and outer packaging shall be so labeled.<br />

5. Changes. Once a Proposal is submitted it may not be thereafter<br />

amended, except as permitted by District in the exercise of its sole and absolute discretion.<br />

6. Alterations. Interlineations, alterations and erasures contained in a<br />

Proposal at the time it is submitted must be initialed by each and all of the signer(s) of the<br />

Verification.<br />

7. Enhancements. Proposers are encouraged to offer in their <strong>Proposals</strong><br />

enhancements in the <strong>for</strong>m of services that are in addition to those included in the Scope of<br />

Services; however, unless otherwise stated in the this <strong>RFP</strong> or the documents referenced or<br />

attached hereto or in any <strong>RFP</strong> Addenda (collectively, “<strong>RFP</strong> Documents”), such proposed<br />

enhancements will not be considered in any scoring or ranking of the <strong>Proposals</strong>.<br />

8. Best and Final Offers. Usage in the <strong>RFP</strong> Documents of the term<br />

“Proposal” shall be interpreted to mean and include not only the original Proposal submitted, but<br />

also any revised Proposal that may be requested and submitted in the <strong>for</strong>m of a best and final<br />

offer. If best and final offers are requested and submitted, they shall in all relevant respects<br />

con<strong>for</strong>m to the requirements of the <strong>RFP</strong> Documents applicable to the original submission of<br />

<strong>Proposals</strong>. If a question exists about whether a particular requirement of the <strong>RFP</strong> Documents<br />

applicable to original <strong>Proposals</strong> applies to best and final offers, request must be submitted<br />

seeking clarification prior to submission of best and final offers. Proposers shall be bound by the<br />

District’s determinations in regard to whether any best and final offer complies with the<br />

requirements of the <strong>RFP</strong> Documents.<br />

9. Withdrawal. <strong>Proposals</strong> may be withdrawn at any time and resubmitted<br />

prior to the applicable deadline <strong>for</strong> submission thereof. <strong>Proposals</strong> may not be withdrawn after<br />

the applicable deadline <strong>for</strong> receipt thereof.<br />

10. Firm Offers. <strong>Proposals</strong> not withdrawn prior to the applicable deadline <strong>for</strong><br />

receipt thereof constitute firm offers, subject to acceptance by the District, and may not be<br />

withdrawn <strong>for</strong> a period of ninety (90) calendar days following said deadline.<br />

11. Applicable Laws. All <strong>Proposals</strong> must be submitted, filed, made and<br />

executed in accordance with applicable laws, whether or not such applicable laws are expressly<br />

referred to in the <strong>RFP</strong> Documents.<br />

________________________________________________________________________________________<br />

Page 5 of 34


B. Proposer Representations<br />

Each Proposer makes the following representations relative to its submission of its Proposal:<br />

1. that its Proposal is made in compliance with the <strong>RFP</strong> Documents;<br />

2. that, except as otherwise permitted under the terms of the District’s Policy<br />

<strong>for</strong> Local, Small and Emerging Businesses (Board Rule 7103.17), it attended any mandatory<br />

pre-proposal conference(s);<br />

3. that the person(s) signing and verifying its Proposal is (are) authorized to<br />

do so on behalf of the Proposer;<br />

4. if the Proposer is a corporation, that such corporation is duly incorporated<br />

under applicable laws and is authorized to do business in, and is in good standing under, the<br />

laws of the State of Cali<strong>for</strong>nia;<br />

5. that Proposer has carefully reviewed the Contract and, except as<br />

otherwise stated in its Proposal in the <strong>for</strong>m of exceptions taken to such Contract, the terms and<br />

conditions thereof are satisfactory to Proposer and represent in the opinion of the Proposer a<br />

fair and reasonable allocation and sharing of risks and responsibilities as between the District<br />

and Proposer;<br />

6. that Proposer is, and at all times during the per<strong>for</strong>mance of the Scope of<br />

Services shall be, in full compliance with the provisions of the Immigration Re<strong>for</strong>m and Control<br />

Act of 1986 ("IRCA"), as well any similar provisions of applicable laws setting <strong>for</strong>th proscriptions<br />

or penalties relating to the employment or hiring of undocumented aliens in connection with the<br />

hiring of its employees;<br />

7. that Proposer possesses at the time of submission of its Proposal and will<br />

maintain in good standing at all times during the <strong>RFP</strong> process and while per<strong>for</strong>ming services <strong>for</strong><br />

District, any licenses and certifications that are required by applicable laws to be held by the<br />

Proposer to per<strong>for</strong>m the Scope of Services; and<br />

8. all of the statements and representations made, or incorporated by<br />

reference, by Proposer in its Proposal, or in the attachments or exhibits submitted with its<br />

Proposal, are true, correct and materially complete.<br />

C. Review of <strong>RFP</strong>. Each Proposer acknowledges and understands its affirmative<br />

obligation to carefully and thoroughly examine the <strong>RFP</strong> Documents and to seek clarification,<br />

prior to such submission, of any and all items of in<strong>for</strong>mation contained in the <strong>RFP</strong> Documents,<br />

or in any other documents upon which the Proposer has relied in preparing its Proposal, that it<br />

observes, or should have observed in the exercise of reasonable care, as constituting or<br />

indicating: (1) errors, omissions, conflicts, ambiguities, lack of coordination or noncompliance<br />

with Applicable Laws; and/or (2) conditions that might present difficulties or obstructions<br />

affecting Proposer’s ability to per<strong>for</strong>m the Scope of Services. Failure by a Proposer to fully<br />

in<strong>for</strong>m itself of the matters described the <strong>RFP</strong> Documents and to seek clarification in the manner<br />

required herein shall not relieve the Proposer from its responsibilities, as outlined by this <strong>RFP</strong>,<br />

nor serve as the basis <strong>for</strong> any claim by the Proposer, that it was mistaken or misled in<br />

connection with the preparation of its Proposal. The District assumes no responsibility <strong>for</strong> errors<br />

________________________________________________________________________________________<br />

Page 6 of 34


or misrepresentations resulting from the use by Proposer of an incomplete set of <strong>RFP</strong><br />

Documents.<br />

D. <strong>Request</strong>s <strong>for</strong> Clarifications. Proposers shall submit all questions and requests<br />

<strong>for</strong> clarification concerning the <strong>RFP</strong> process or <strong>RFP</strong> Documents in writing by April 13, 2012, by<br />

2:00 PM PST. Such questions or requests <strong>for</strong> clarifications shall be submitted in writing via e-<br />

mail ONLY to the following:<br />

ATTN: Garry J. Jess<br />

BUILD LACCD<br />

915 WILSHIRE BLVD, SUITE 810<br />

LOS ANGELES, CA 90017<br />

E-mail: garry.jess@build-<strong>laccd</strong>.<strong>org</strong><br />

The District is not obligated to respond to any questions or requests <strong>for</strong> clarifications that the<br />

District judges, in the exercise of its sole and absolute discretion: (1) are received after the<br />

above-specified deadline; (2) are submitted in a manner other than as required by the <strong>RFP</strong><br />

Documents; (3) are unintelligible or redundant to other questions responded to by District; (4)<br />

seek in<strong>for</strong>mation that is irrelevant to the subject matter of the <strong>RFP</strong>; (5) seek in<strong>for</strong>mation that is<br />

already contained in the <strong>RFP</strong>; or (6) involve weaknesses, errors or omissions in a Proposal,<br />

whether observed or not observed by the District, it being the intent of the District that all such<br />

weaknesses, errors or omissions, whether observed or not observed, are the sole responsibility<br />

of the Proposer.<br />

E. <strong>RFP</strong> Addenda. If it becomes necessary <strong>for</strong> the District to make material<br />

changes, in the <strong>for</strong>m of revisions or additions, to any part of the <strong>RFP</strong> Documents, be<strong>for</strong>e or after<br />

the <strong>Proposals</strong> are received or opened by District, then, unless otherwise stated in the <strong>RFP</strong><br />

Documents, an addendum (“Addendum”) will be posted at www.build-<strong>laccd</strong>.<strong>org</strong>, under the<br />

“Contracting & Bidding Site”, select the Current Opportunities- Professional Services” tab, <strong>RFP</strong><br />

<strong>DW</strong>-<strong>019</strong>, Cost Estimating Services. No other or separate notice of issuance of Addenda will be<br />

provided. It shall be the sole responsibility of the Proposers to check the <strong>for</strong>egoing website to<br />

determine if any Addendum has been issued. All Addenda issued shall be considered part of<br />

the <strong>RFP</strong> Documents. With respect to Addenda issued prior to submission of a Proposal, each<br />

Proposer shall confirm in its Proposal its review of each Addendum by specifically identifying<br />

and listing each Addendum by <strong>number</strong> using the Acknowledgement of Addenda attached hereto<br />

as Exhibit “B.” Failure to do so may, in the sole and absolute discretion of District, constitute a<br />

basis <strong>for</strong> determining a Proposal nonresponsive.<br />

F. Conflicts of Interest. In addition to the Proposer submitting Conflict of Interest<br />

Certification in the <strong>for</strong>m attached hereto as Exhibit “C,” if a portion of the services covered by a<br />

Proposal is to be per<strong>for</strong>med by a person or entity that is already providing, or has already<br />

entered into, or anticipates entering into, a separate agreement to provide, services, advice or<br />

consultation to (1) the District or any of its nine colleges, (2) any consultant or contractor<br />

retained by the District, or (3) a subconsultant or subcontractor of any consultant or contractor<br />

retained by District, then full disclosure of such circumstances shall be included by the Proposer<br />

in its Proposal. The District reserves the right to unilaterally determine, in its sole and absolute<br />

discretion, whether the circumstances disclosed constitute a conflict of interest which may<br />

disqualify the Proposer or any Subconsultant from participating further in the <strong>RFP</strong> process.<br />

G. Unauthorized Communications. Proposers shall not, prior to award of the<br />

Contract, communicate, either verbally or in writing, with any of the following persons (other<br />

than the person designated in Section II, E, above): (1) any person who is an employee or<br />

________________________________________________________________________________________<br />

Page 7 of 34


epresentative of a consultant or professional retained by the District <strong>for</strong> the purpose of<br />

providing the District with advice or professional services relating to the matters covered by the<br />

<strong>RFP</strong> Documents; or (2) any person who is an employee or representative of the District involved<br />

in the matters covered by the <strong>RFP</strong> Documents. Such unauthorized contact by a Proposer, as<br />

judged in District’s sole and absolute discretion, may be cause <strong>for</strong> disqualification of such<br />

Proposer.<br />

H. Mandatory Pre-Proposal Conference. A mandatory conference (“Pre-Proposal<br />

Conference”) will not be conducted <strong>for</strong> this <strong>RFP</strong>.<br />

I. Waiver of Irregularities. District reserves the right, but assumes no obligation,<br />

to waive deviations, irregularities, errors or omissions in any Proposal or in regard to any<br />

Proposer’s compliance with the <strong>RFP</strong> process.<br />

J. Final Determinations. The District shall have the right to make all<br />

determinations and interpretations relating to the <strong>RFP</strong> or the <strong>RFP</strong> process, including, without<br />

limitation, any Proposer’s compliance with the <strong>RFP</strong> Documents or its qualifications to participate<br />

in the <strong>RFP</strong> process and all such determinations shall be final and binding upon the Proposers.<br />

Any Proposer who, at any point in time during the <strong>RFP</strong> process, is determined by the District, in<br />

the exercise of its sole and absolute discretion, to be unable to per<strong>for</strong>m the Contract may be<br />

deemed nonresponsive by the District and in such case will not be allowed to participate further<br />

in the <strong>RFP</strong> process.<br />

K. Interested Parties. A Proposer shall not participate in submission of more than<br />

one Proposal. Firms who are advisors to the District in respect to this <strong>RFP</strong> process are not<br />

allowed to submit, or participate in submission of <strong>Proposals</strong>. For purposes of this section,<br />

“interested in” means having a managerial or financial interest in another Proposer. No<br />

individual proposed by a Proposer, or by a subconsultant to a Proposer, to serve as a member<br />

of its staff who will be per<strong>for</strong>ming any portion of the Scope of Services shall also be a member<br />

of the staff of any other Proposer or of any subconsultant proposed by another Proposer.<br />

L. False or Misleading In<strong>for</strong>mation. In addition to and without limitation upon any<br />

other requirements of the <strong>RFP</strong> Documents, the District shall have the right to disqualify any<br />

Proposer and reject any Proposal by such Proposer should District determine that any<br />

in<strong>for</strong>mation submitted by the Proposer is false, incorrect or materially incomplete.<br />

M. Indemnification. The Proposer to whom award is made by the District shall be<br />

required to assume the defense and indemnification obligations that are set <strong>for</strong>th in the terms of<br />

the <strong>for</strong>m of the Contract attached hereto as Exhibit “A.”<br />

N. Proposer Expenses. Any expenses incurred by a Proposer, prior to or during<br />

the <strong>RFP</strong> process, in: (1) preparing its Proposal; (2) submitting its Proposal to the District; (3)<br />

negotiating with District on any matter related to this <strong>RFP</strong>, including a possible contract; or (4)<br />

engaging in any other activity prior to the effective date of award and execution of a Contract<br />

resulting from this <strong>RFP</strong>, are the sole responsibility of the Proposer and the District shall not,<br />

under any circumstances (including, without limitation, a decision by the District to reject any or<br />

all <strong>Proposals</strong> or to withdraw or cancel the <strong>RFP</strong> with or without any award or re-procurement), be<br />

liable <strong>for</strong> any such expenses, or any other expenses or damages incurred by a Proposer in<br />

connection with its preparation <strong>for</strong> or participation in the <strong>RFP</strong> process.<br />

________________________________________________________________________________________<br />

Page 8 of 34


O. No Commitment. Without limitation to any of the District’s other rights under the<br />

<strong>RFP</strong> Documents, applicable laws or the terms of an executed Contract between the District and<br />

a Proposer, the District reserves the right, exercised at any time and in its sole discretion, to: (1)<br />

reject any Proposal that fails to comply with the requirements of the <strong>RFP</strong> Documents, including,<br />

without limitation, any Proposal that contains in<strong>for</strong>mation that the District determines is false or<br />

misleading; (2) reject all <strong>Proposals</strong>; (3) make a determination that Proposer is disqualified from<br />

participating in the <strong>RFP</strong> process because a person or entity (whether an employee or an<br />

independent contractor) proposed by a Proposer, or by a subconsultant proposed by Proposer,<br />

to per<strong>for</strong>m a portion of the Scope of Services does not, in the opinion of the District, have the<br />

demonstrated attributes of trustworthiness, quality, fitness, capacity and experience to<br />

satisfactorily per<strong>for</strong>m the Scope of Services; (4) with or without advance notice to Proposers,<br />

award Contracts to any <strong>number</strong> of Proposers, whether more or fewer than the <strong>number</strong> of<br />

Proposers originally contemplated by the <strong>RFP</strong> Documents; (5) hold discussions or negotiations<br />

with more than one Proposer concurrently; (6) cancel all or a part of the <strong>RFP</strong>, without or without<br />

offering any Proposer the opportunity to participate in any future <strong>RFP</strong> process <strong>for</strong> the same or<br />

similar services. Exercise by District of its rights under this section shall not, under any<br />

circumstances, give rise to any liability or obligation on the part of District nor shall it constitute<br />

grounds <strong>for</strong> any claim by a Proposer <strong>for</strong> recovery from District of any loss, damage, cost or<br />

expense.<br />

P. Joint Offers. The District intends to contract with a single firm and not with<br />

multiple firms doing business as a joint venture. Accordingly, where two or more firms desire to<br />

join in preparing a single Proposal in response to this <strong>RFP</strong>, they should do so on a primesubconsultant<br />

basis, rather than as a joint venture or in<strong>for</strong>mal team. The firm acting as the<br />

“prime”, if awarded the Contract, will enter into the contract with the District and shall <strong>for</strong><br />

purposes of this <strong>RFP</strong> be considered the “Proposer.”<br />

Q. Transfer. <strong>Proposals</strong> are neither assignable nor transferable by Proposer and<br />

any such attempted assignment or transfer shall be deemed null and void at its inception.<br />

R. Contract Terms. The Proposer that receives award pursuant to this <strong>RFP</strong> shall<br />

be required to enter into the Contract that is the in the <strong>for</strong>m attached hereto as Exhibit “A.” The<br />

<strong>for</strong>m of Contract may be modified unilaterally by the District to incorporate other pertinent terms<br />

and conditions set <strong>for</strong>th in this <strong>RFP</strong>, including those added by Addenda, and to reflect the<br />

Proposer's offer or the outcome of contract negotiations, if any, conducted with the Proposer.<br />

The Proposer's attention is directed particularly to the minimum insurance requirements that<br />

must be met by the successful Proposer. Exceptions to the terms and conditions of the<br />

Contract, or the Proposer's inability to comply with any of the provisions of the Contract, must be<br />

declared and precisely described using the <strong>for</strong>m attached hereto as Exhibit “D.” Save and<br />

except <strong>for</strong> such declared exceptions, each Proposer represents and warrants that if awarded<br />

the Contract it will execute the Contract attached hereto in the <strong>for</strong>m provided with no changes or<br />

additions thereto. Any Proposer who, at any point in time during the <strong>RFP</strong> process, is determined<br />

by the District, in the exercise of its sole and absolute discretion, to be unable to per<strong>for</strong>m the<br />

Contract may be declared disqualified by the District and in such case will not be allowed to<br />

participate further in the <strong>RFP</strong> process.<br />

S. Pre-Submission Objections. Any objection to the procedures or processes<br />

relating to this <strong>RFP</strong> shall be submitted to the District, in writing, not more than five (5) business<br />

days prior to the deadline <strong>for</strong> receipt of <strong>Proposals</strong>. Failure by a Proposer to so object shall<br />

________________________________________________________________________________________<br />

Page 9 of 34


constitute a final and conclusive waiver by the Proposer of its right to thereafter assert such<br />

objection.<br />

T. Post-Award Protest.<br />

A Proposer may protest the award of the Contract, provided that it complies with the District’s<br />

Business Operations and Policy Procedures, PP-04-09, Bid Protests and Appeals, a copy of<br />

which is attached hereto as Exhibit “K” (“Protest Rules”). As described in the Protest Rules, the<br />

protest procedures vary, depending on whether the amount of the bid or proposal is under or<br />

over the statutory bid threshold. The statutory bid threshold <strong>for</strong> 2012 is $81,000. In the event<br />

that the <strong>RFP</strong> does not require that the Proposers submit as part of their <strong>Proposals</strong> a fixed or<br />

maximum price <strong>for</strong> a defined Scope of Services, then any protest filed shall comply with the<br />

provisions of the Protest Rules governing bids or proposals submitted that exceed the<br />

applicable statutory bid threshold.<br />

U. Non-Professional Services. For purposes of this <strong>RFP</strong> only and not necessarily<br />

with respect to any other request <strong>for</strong> proposals involving the same or similar services, the Scope<br />

of Services contemplated by this <strong>RFP</strong> does not constitute “special services and advice” within<br />

the definition of that term in the District’s Business and Operations Procedures PP-04-08.<br />

V. Time Periods. Wherever in the <strong>RFP</strong> Documents the Proposer is asked to<br />

provide in<strong>for</strong>mation or respond to a question concerning the events occurring within a stated,<br />

historical time period (such as, “within the last 5 years”), such time period shall be deemed to<br />

mean the period of time that precedes the date that the Proposer’s Proposal is first submitted to<br />

the District; provided, however, that if a question asks <strong>for</strong> in<strong>for</strong>mation pertaining to a stated<br />

<strong>number</strong> of prior “full calendar years”, it shall means the calendar years immediately preceding<br />

the calendar year in which the Proposal is submitted by Proposer.<br />

W. Page Counts. Unless otherwise specifically stated in the <strong>RFP</strong> Documents, in<br />

interpreting a requirement in the <strong>RFP</strong> Documents that a document submitted be limited to a<br />

certain <strong>number</strong> of pages, the word “page” means one side of a sheet.<br />

III.<br />

Proposal Content<br />

A. General. <strong>Proposals</strong> shall comply with the requirements of the <strong>RFP</strong> Documents<br />

and provide a straight<strong>for</strong>ward, clear, complete and concise description of the Proposer’s ability<br />

to per<strong>for</strong>m and provide the Scope of Services. All items listed in Section III B below should be<br />

separated by tabs clearly labeled with the section title as described in Section III B herein. The<br />

<strong>RFP</strong> Documents, Proposal, and any attachments, exhibits, letters and other documents or<br />

things submitted by the successful Proposer with whom the District enters into a Contract may,<br />

at the unilateral option of the District, which may be exercised or not exercised by District in its<br />

sole and absolute discretion, be made a part of the Contract and if they so become shall be<br />

binding upon such Proposer.<br />

B. Content<br />

1. Transmittal Letter. <strong>Proposals</strong> shall be accompanied by a letter of transmittal<br />

located at the beginning of the Proposal. The letter of transmittal shall be addressed to the<br />

Professional Contracts Group and shall, at a minimum, contain the following:<br />

________________________________________________________________________________________<br />

Page 10 of 34


a. Identification (name, address and telephone <strong>number</strong>) of the<br />

Proposer, and in the case of a joint (i.e., prime-subconsultant) offer, the identification (name,<br />

address and telephone <strong>number</strong>) of each of the firms joining in the submission of the joint offer<br />

and a description of which firm will act as the “prime” and which will act as the “subconsultant”;<br />

b. Name, title, address, telephone <strong>number</strong> and email address of a<br />

contact person on behalf of the Proposer <strong>for</strong> the duration of the <strong>RFP</strong> process;<br />

;<br />

c. A statement affirming that the Proposal shall remain valid <strong>for</strong> a<br />

period of ninety (90) calendar days following the later of either the last day to submit <strong>Proposals</strong><br />

or the last day <strong>for</strong> submission of best and final offers, if any are requested;<br />

c. Identification of any in<strong>for</strong>mation contained in the Proposal which<br />

the Proposer believes to be confidential or proprietary and wishes to be withheld from disclosure<br />

under the state Public Records Act (a blanket statement that all contents of the Proposal are<br />

confidential or proprietary will not be honored), each item of which will be reviewed by the<br />

District <strong>for</strong> possible exemption under the Public Records Act; and<br />

e. Signature of a person authorized to bind the Proposer to the terms<br />

of the Proposal, and to negotiate contract terms and make binding decisions in all matters<br />

relating to the <strong>RFP</strong> Documents and Contract.<br />

2. Table of Contents. Proposers shall include, immediately following the<br />

letter of transmittal, a complete table of contents of all in<strong>for</strong>mation and exhibits included in the<br />

Proposal, including page <strong>number</strong>s.<br />

3. Sample Estimates.<br />

a. Estimate Types. Proposer shall provide one (1) example of each<br />

of the following types of construction cost estimates prepared by Proposer or its proposed<br />

subconsultants:<br />

i. A Programming Criteria (Program) Document Estimate<br />

Sample (15 pages maximum);<br />

ii.<br />

iii.<br />

A Construction Document (CD’s) Design Level Estimate<br />

Sample (50 pages maximum); and<br />

A Change Order Estimate Sample (10 pages maximum)<br />

b. Estimate Narrative. Each sample estimate shall include a narrative, not<br />

more than three (3) pages in length. The estimate narrative is separate from the<br />

estimate sample. The narrative shall include the following in<strong>for</strong>mation:<br />

i. A description of the scope of work and services estimated;<br />

and,<br />

ii.<br />

Project details including the following in<strong>for</strong>mation:<br />

1. the proposed type of improvements;<br />

________________________________________________________________________________________<br />

Page 11 of 34


2. the proposed project location (city/state);<br />

3. whether the project was subject to DSA approval/State;<br />

4. the type of occupancy of the proposed project;<br />

5. the total square footage of the proposed project;<br />

6. the <strong>number</strong> of levels of the proposed project;<br />

7. the anticipated construction duration;<br />

8. the anticipated project delivery method (i.e., designbid-build,<br />

design-build or other); and<br />

9. the proposed project contract type (i.e., lump sum cost<br />

plus fee, cost plus fee/GMP, or other)<br />

________________________________________________________________________________________<br />

Page 12 of 34


iii.<br />

A description of how the estimate compared to the actual<br />

total and component costs <strong>for</strong> the project. Please include<br />

pricing in<strong>for</strong>mation <strong>for</strong> actual vs. estimated costs in the<br />

following table <strong>for</strong>mat.<br />

DESCRIPTION<br />

(A)<br />

ESTIMATED<br />

COSTS<br />

(B)<br />

ACTUAL<br />

COSTS<br />

(C)<br />

DELTA<br />

(A-B)<br />

(D)<br />

% DELTA<br />

(C/A)<br />

1 02 – Sitework, Demo, etc.<br />

2 03 – Concrete<br />

3 04 – Masonry<br />

4 05 – Metals<br />

5 06 – Woods/Plastics<br />

6 07 – Thermal<br />

7 08 – Openings<br />

8 09 – Finishes<br />

9 10 – Specialties<br />

10 11 – Equipment<br />

11 12 – Furnishings<br />

12 13 – Special Construction<br />

13 14 – Conveying Systems<br />

14 21 – Fire Suppression<br />

15 22 – Plumbing<br />

16 23 – HVAC<br />

17 26 – Electrical<br />

18 SUBTOTAL (Add Up Rows 1-17)<br />

19 General Conditions<br />

20 Insurance, Bond, Permit, Tax, etc<br />

21 Fee<br />

TOTAL PROJECT COSTS<br />

22 (Add Up Rows 18-21)<br />

________________________________________________________________________________________<br />

Page 13 of 34


c. Estimate Sample. The estimate sample should include the<br />

following in<strong>for</strong>mation:<br />

i. Estimate assumptions and project in<strong>for</strong>mation;<br />

ii.<br />

iii.<br />

iv.<br />

Costs itemized <strong>for</strong> direct costs by CSI division (or building<br />

component);<br />

Costs itemized <strong>for</strong> indirect costs (i.e., General Conditions,<br />

Insurance, Bonds, Permits, Fee, etc.); and<br />

Detailed estimate analysis and back-up cost in<strong>for</strong>mation as<br />

required to support estimate pricing, including but not<br />

limited to:<br />

1. Quantity take-offs;<br />

2. Unit rates;<br />

3. SF analysis; and<br />

4. Detailed construction activity cost breakdowns (i.e.,<br />

Concrete Foundations, Concrete Walls, and Concrete<br />

Decks etc.)<br />

d. Client In<strong>for</strong>mation. Proposers are advised that in<strong>for</strong>mation<br />

provided in estimate samples may be subject to inspection by the public. Proposers are solely<br />

responsible <strong>for</strong> redacting confidential client in<strong>for</strong>mation from estimate samples.<br />

4. Proposer’s Staff Experience.<br />

a. Proposed Staff. Proposer shall submit detailed resumes <strong>for</strong> all of<br />

the proposed individuals who will fill all of following staff positions (Proposed Staff):<br />

i. Senior Estimator (Proposer shall propose two (2)<br />

individuals);<br />

ii.<br />

iii.<br />

Estimator (Proposer shall propose two (2) individuals); and<br />

Administration (Proposer shall propose one (1) individual).<br />

b. Staff Experience. With respect to each individual comprising its<br />

Proposed Staff, Proposers shall provide:<br />

i. In<strong>for</strong>mation demonstrating the experience of that individual<br />

in providing services comparable to the Scope of Services <strong>for</strong> construction programs <strong>for</strong><br />

Cali<strong>for</strong>nia public school districts and/or community college districts; and<br />

ii. In<strong>for</strong>mation demonstrating that the individual meets the<br />

minimum requirements set <strong>for</strong>th in the <strong>RFP</strong> Documents <strong>for</strong> the billing position <strong>for</strong> which he or<br />

she is proposed.<br />

c. Resumes. Resumes shall be submitted <strong>for</strong> each individual<br />

comprising a Proposer’s Proposed Staff, which shall include:<br />

i. Education and degrees received;<br />

________________________________________________________________________________________<br />

Page 14 of 34


ii.<br />

iii.<br />

iv.<br />

Full employment history (including name of <strong>org</strong>anization,<br />

dates of employment, name of supervisors, and contact<br />

<strong>number</strong>s);<br />

How long the individual has been employed by Proposer;<br />

A summary of experience that focuses, albeit not<br />

exclusively, on the individual’s experience and<br />

qualifications related to services similar to the Scope of<br />

Services; and<br />

v. If the individual currently works <strong>for</strong> a subconsultant<br />

proposed by the Proposer, the name of the Proposer’s<br />

Subconsultant.<br />

5. Proposer’s Firm Experience.<br />

a. Narrative. <strong>Proposals</strong> shall include a narrative devoted to<br />

describing the experience of the Proposer’s firm and/or the firm(s) of its subconsultant(s) in<br />

sufficient detail so as to demonstrate the ability and competence of the Proposer and its<br />

subconsultants to fully per<strong>for</strong>m the Scope of Services.<br />

b. Comparable Experience. <strong>Proposals</strong> shall include a list of projects<br />

or building programs <strong>for</strong> which the Proposer has per<strong>for</strong>med services that are comparable to the<br />

Scope of Services within the last five (5) years on behalf of public entities, community college<br />

districts, and school districts, including <strong>for</strong> each such project or building program a statement of:<br />

i. The size and type of the project or program,<br />

ii.<br />

iii.<br />

iv.<br />

Successes achieved,<br />

Challenges encountered and how they were overcome;<br />

Proposer’s proposed team members who worked on the<br />

project or program; and<br />

v. The role of each key person who worked on the project or<br />

program.<br />

6. References. Proposers shall provide three (3) client references,<br />

(including, to the greatest extent possible, references of community colleges and school<br />

districts) <strong>for</strong> whom services have been per<strong>for</strong>med during the past five (5) years that are similar<br />

to the Scope of Services. References shall be, to the greatest extent possible, based services<br />

per<strong>for</strong>med by individuals who are being proposed to per<strong>for</strong>m the Scope of Services. Each<br />

reference must include, at minimum, the following in<strong>for</strong>mation:<br />

a. Contact In<strong>for</strong>mation:<br />

Firm Name<br />

Contact Name<br />

________________________________________________________________________________________<br />

Page 15 of 34


Street Address<br />

City, State, Zip Code<br />

Telephone Number<br />

Email Address<br />

b. Per<strong>for</strong>mance In<strong>for</strong>mation:<br />

Specific description of services provided<br />

Dates service were per<strong>for</strong>med<br />

Persons who per<strong>for</strong>med the services<br />

Value/cost of services provided<br />

Accuracy and quality of estimating services provided<br />

7. Price. <strong>Proposals</strong> shall include proposed hourly rates to be charged <strong>for</strong><br />

each Proposed Staff member. Hourly rates shall be fully inclusive of all costs, expenses,<br />

overhead and profit; separate reimbursement of expenses is not allowed. Hourly rates shall not<br />

be subject to adjustment during the term of the per<strong>for</strong>mance of the Contract or any extension of<br />

the Contract. Proposed hourly rates shall not exceed the following maximum hourly rates listed<br />

below:<br />

a. Senior Estimator: $135/hr.<br />

b. Estimator: $115/hr.<br />

c. Administration: $55/hr.<br />

8. Appendices. <strong>Proposals</strong> shall include the following appendices:<br />

Proposer, including:<br />

a. Appendix 1 – A summary of background in<strong>for</strong>mation about the<br />

i. Date of founding;<br />

ii. Legal <strong>for</strong>m (sole proprietorship, partnership,<br />

corporation/state of incorporation, etc.);<br />

iii.<br />

iv.<br />

Number and location of offices;<br />

Principal lines of business;<br />

v. Number of employees;<br />

vi.<br />

vii.<br />

viii.<br />

ix.<br />

Any bankruptcy, insolvency or other material financial<br />

problem occurring within the last five (5) years;<br />

Pending litigation;<br />

Impending office closures, mergers or acquisitions, and<br />

A certification that the Proposer and its principals, partners,<br />

owners, members, officers and directors have not been<br />

________________________________________________________________________________________<br />

Page 16 of 34


debarred, suspended or otherwise declared ineligible to<br />

contract by any federal, state or local public agency, or, if<br />

so debarred, suspended or otherwise declared, a full<br />

explanation of any such status.<br />

b. Appendix 2 - Financial in<strong>for</strong>mation about the Proposer (such as,<br />

a last year-end Income Statement and Balance Sheet) that accurately describes the financial<br />

condition of the Proposer (if financial statements are provided, disclosure by District will be<br />

confined, to the extent permitted by applicable law, to those individuals involved in the<br />

evaluation of the <strong>Proposals</strong> and award of the Contract);<br />

c. Appendix 3 – A signed Acknowledgement of Addenda, in the<br />

<strong>for</strong>m attached hereto as Exhibit “B”;<br />

d. Appendix 4 – A Conflict of Interest Certification, in the <strong>for</strong>m<br />

attached hereto as Exhibit “C”, signed by Proposer and each of its subconsultants;<br />

e. Appendix 5 – A signed listing, in the <strong>for</strong>m attached hereto as<br />

Exhibit “D,” of any exceptions taken by Proposer to the terms of the Contract <strong>for</strong>m;<br />

as Exhibit “E”;<br />

f. Appendix 6 – A signed Verification, in the <strong>for</strong>m attached hereto<br />

g. Appendix 7 – An Authorization <strong>for</strong> Release of In<strong>for</strong>mation, in the<br />

<strong>for</strong>m attached hereto as Exhibit “F,” signed by Proposer and each of its subconsultants;<br />

h. Appendix 8 – A signed Noncollusion Declaration, in the <strong>for</strong>m<br />

attached hereto as Exhibit “G”;<br />

i. Appendix 9 - A signed Non-Discrimination Certification, in the<br />

<strong>for</strong>m attached hereto as Exhibit “H”;<br />

j. Appendix 10 - A signed Confidentiality Agreement, in the <strong>for</strong>m<br />

attached hereto as Exhibit “I”;<br />

k. Appendix 11 - Documentation in the <strong>for</strong>m attached hereto as<br />

Exhibit “J,” demonstrating that Proposer has complied with the requirements of the District’s<br />

Policy <strong>for</strong> Local, Small and Emerging Businesses (Board Rule 7103.17); and<br />

l. Appendix 12 - Additional in<strong>for</strong>mation the Proposer deems<br />

essential to a proper evaluation of its Proposal; provided, however, that Proposers are<br />

cautioned, that this is not an invitation to submit large amounts of extraneous material and that<br />

such additional in<strong>for</strong>mation should be brief and limited to only relevant in<strong>for</strong>mation.<br />

IV.<br />

Proposal Evaluation and Contract Award<br />

A. Evaluation Process. An evaluation panel (“Evaluation Panel”) consisting of<br />

District, College staff and/or outside consultants will review, analyze, and evaluate all <strong>Proposals</strong><br />

that are found to be responsive and submitted by Proposers who have are not been disqualified.<br />

The Evaluation Panel will evaluate the <strong>Proposals</strong> based on the evaluation criteria described in<br />

________________________________________________________________________________________<br />

Page 17 of 34


Section IV, B, below. <strong>Proposals</strong> will be evaluated giving less weight to price than non-price<br />

factors.<br />

B. Evaluation Criteria. By use of numerical or other scoring techniques, <strong>Proposals</strong><br />

will be evaluated by the Evaluation Panel against the evaluation factors specified below. Unless<br />

hereafter revised by District, the relative weights of the evaluation factors will be based on a<br />

100-point scale, as listed below. Within each evaluation factor listed, the sub-factors to be<br />

considered are (without limitation to revisions and additions to sub-factors that may be hereafter<br />

made by District) those described in the Section III, above, of this <strong>RFP</strong> titled "Proposal Content."<br />

EVALUATION CRITERIA<br />

Points<br />

Samples 20%<br />

Proposer’s Staff Experience 30%<br />

Proposer’s Firm Experience 20%<br />

References 15%<br />

Price 15%<br />

Total 100%<br />

Proposers shall prepare and submit their <strong>Proposals</strong> to reflect the best in terms of scope, quality<br />

and staffing plan that they are able and willing to offer without regard to how they may believe or<br />

be in<strong>for</strong>med that the Evaluation Criteria will be weighted in the evaluation process. The District<br />

reserves the right, be<strong>for</strong>e or after opening of <strong>Proposals</strong>, in the exercise of its sole and absolute<br />

discretion, without or without notice to any Proposer and with or without giving any Proposer the<br />

opportunity to revise and re-submit its Proposal, to make changes in any aspect of the<br />

evaluation process, including, without limitation, making changes in the Evaluation Criteria,<br />

subject to the following: District shall issue an Addendum to all Proposers and permit the<br />

Proposers the opportunity to revise their <strong>Proposals</strong> in the event that the District changes the<br />

“relative priority” between the weighting of the price, on the one hand, and non-price factors, on<br />

the other hand. For purposes of the <strong>for</strong>egoing, “relative priority” means any one of the following:<br />

(1) price is given more weight than non-price factors; (2) price is given less weight than nonprice<br />

factors; or (3) price and non-price factors are given approximately equal weight.<br />

In the sole and absolute discretion of the District, the District may, but is not obligated to, either<br />

be<strong>for</strong>e or after evaluation, scoring or ranking, conduct separate discussions or request<br />

submission of “best and final offers.”<br />

C. Contract Award. ’Approval by the District’s Board of Trustees is required prior<br />

to award and no notice of intent to award shall be binding upon District unless an award is so<br />

approved.<br />

________________________________________________________________________________________<br />

Page 18 of 34


V. Exhibits to the <strong>RFP</strong><br />

• Exhibit A: Sample Form of Contract<br />

• Exhibit B: Acknowledgment of Addenda<br />

• Exhibit C: Conflict of Interest Certification<br />

• Exhibit D: Contract Exceptions and Deviations<br />

• Exhibit E: Verification<br />

• Exhibit F: Authorization <strong>for</strong> Release of In<strong>for</strong>mation<br />

• Exhibit G: Noncollusion Declaration<br />

• Exhibit H: Non-Discrimination Certification<br />

• Exhibit I: Confidentiality Agreement<br />

• Exhibit J: Outreach Forms<br />

• Exhibit K: PP 04 09 Bid Protest and Appeals<br />

PROPOSER SHALL COMPLETE AND SUBMIT EXHIBITS B THROUGH J<br />

________________________________________________________________________________________<br />

Page 19 of 34


EXHIBIT “A”<br />

SAMPLE FORM OF CONTRACT<br />

(To be issued via Addendum)<br />

________________________________________________________________________________________<br />

Page 20 of 34


EXHIBIT “B”<br />

ACKNOWLEDGEMENT OF ADDENDA<br />

The Proposer acknowledges receipt of all Addenda as follows:<br />

ADDENDUM NO.<br />

SIGNATURE<br />

Date: _____________________ _________________________________________<br />

[NAME OF PROPOSER]<br />

[Signature of Proposer (if individual) or its Officer]<br />

[Typed Name of Person Signing]<br />

[Office or Title]<br />

________________________________________________________________________________________<br />

Page 21 of 34


EXHIBIT “C”<br />

CONFLICT OF INTEREST CERTIFICATION<br />

(Proposer shall complete and sign, and require all of its subconsultants to complete<br />

and sign, an original of this <strong>for</strong>m. Insert “N/A” in the blank if any of the statements do<br />

not apply.)<br />

As a Proposer, or subconsultant to a Proposer, <strong>for</strong> <strong>RFP</strong> No. <strong>DW</strong>-<strong>019</strong> hereby certify that:<br />

1. I do not have a financial interest in any firm currently under agreement to per<strong>for</strong>m<br />

work or services <strong>for</strong> any college within the District except___________________<br />

2. I have not received, directly or indirectly through an intermediary, a gift or any<br />

gratuity from any firm currently under agreement to per<strong>for</strong>m work or services <strong>for</strong> any<br />

college within the District except___________________________________<br />

3. I have a continuing duty to disclose any other potential conflict of interest matter,<br />

including but not limited to conflict of current or previous employment or business<br />

relationships with any firm currently under agreement to per<strong>for</strong>m work <strong>for</strong> any<br />

college within the District.<br />

Signature: __________________________________<br />

Date: ______________________________________<br />

Name and Title:<br />

________________________________________________________________________________________<br />

Page 22 of 34


EXHIBIT ”D”<br />

CONTRACT EXCEPTIONS<br />

The undersigned Proposer takes exception to, and/or submits the following proposed changes<br />

to, the Contract attached to the <strong>Request</strong> <strong>for</strong> <strong>Proposals</strong>:<br />

CHECK ONE:<br />

_____The undersigned Proposer takes no exception to the Contract attached to the <strong>Request</strong> <strong>for</strong><br />

<strong>Proposals</strong>.<br />

_____The undersigned Proposer takes exception to and/or submits the following proposed<br />

changes to the Contract attached to the <strong>Request</strong> <strong>for</strong> <strong>Proposals</strong>:<br />

[Enter list of exceptions or changes]<br />

Save and except <strong>for</strong> the <strong>for</strong>egoing, Proposer represents and warrants that if awarded the<br />

Contract it will execute the Contract attached hereto in the <strong>for</strong>m accompanying the <strong>Request</strong> <strong>for</strong><br />

Proposal, with no other changes or additions thereto.<br />

Date: _____________________ _________________________________________<br />

[NAME OF PROPOSER ]<br />

[Signature of Proposer (if individual) or its Officer]<br />

[Typed Name of Person Signing]<br />

[Office or Title]<br />

________________________________________________________________________________________<br />

Page 23 of 34


EXHIBIT “E”<br />

VERIFICATION<br />

STATE OF CALIFORNIA, COUNTY OF<br />

I have read the Proposal (including, without limitation all attached or accompanying pages) to<br />

which this Verification is attached or with which this Verification is being submitted (“Proposal”)<br />

and know its/their contents.<br />

The matters stated in the Proposal are true of my own knowledge except as to those matters<br />

which are stated on in<strong>for</strong>mation and belief, and to those matters I believe them to be true.<br />

I am an officer, a partner, a member, sole proprietor of , a<br />

and I make this verification <strong>for</strong> that reason.<br />

, and am authorized to make this verification <strong>for</strong> and on its behalf,<br />

I am in<strong>for</strong>med and believe and on that ground allege that the statements made in the<br />

Proposal are true.<br />

The matters stated in the Proposal are true of my own knowledge except as to those matters<br />

which are stated on in<strong>for</strong>mation and belief, and as to those matters I believe them to be true.<br />

Executed on (date), at (city), Cali<strong>for</strong>nia.<br />

I declare under penalty of perjury under the laws of the State of Cali<strong>for</strong>nia that the <strong>for</strong>egoing is<br />

true and correct.<br />

(Print Name)<br />

(Signature)<br />

________________________________________________________________________________________<br />

Page 24 of 34


EXHIBIT “F”<br />

AUTHORIZATION TO RELEASE INFORMATION<br />

(Proposer shall complete and sign, and require all of its subconsultants to complete<br />

and sign, an original of this <strong>for</strong>m)<br />

The undersigned Proposer/Subconsultant hereby authorizes and consents to the District<br />

obtaining in<strong>for</strong>mation from third parties, including, but not limited to any individual(s) or<br />

individual representative(s) of any firm(s), entity (ies) or <strong>org</strong>anization(s) listed in the Proposal,<br />

<strong>for</strong> the purpose of verifying the in<strong>for</strong>mation provided by the Proposer/Subconsultant or <strong>for</strong> any<br />

other purpose related to the evaluation of Proposer’s/Subconsultant’s qualifications.<br />

Proposer/Subconsultant recognizes that to ensure the effectiveness of the <strong>RFP</strong> process, such<br />

individuals must be able to speak frankly and openly. Accordingly, Proposer/Subconsultant<br />

hereby fully and unconditionally releases and discharges such third parties, and the firms,<br />

entities and <strong>org</strong>anizations they represent, from any claim or liability relating to in<strong>for</strong>mation<br />

provided by it/him/her/them to the District in connection with the processing, investigation and<br />

evaluation by District of the Proposer’s/Subconsultant’s Proposal.<br />

Name of Proposer/Subconsultant<br />

Signature<br />

Title<br />

Date<br />

________________________________________________________________________________________<br />

Page 25 of 34


THE UNDERSIGNED DECLARES:<br />

EXHIBIT “G”<br />

NONCOLLUSION DECLARATION<br />

I am the ___________________ of ___________________, the party or proposer (“Proposer”)<br />

submitting the proposal (“Proposal”) that is being submitted with this declaration.<br />

The Proposal is not made in the interest of, or on behalf of, any undisclosed person,<br />

partnership, company, association, <strong>org</strong>anization, or corporation. The Proposal is genuine and<br />

not collusive or sham. The Proposer has not directly or indirectly induced or solicited any other<br />

Proposer to put in a false or sham Proposal. The Proposer has not directly or indirectly colluded,<br />

conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or<br />

to refrain from Proposing. The Proposer has not in any manner, directly or indirectly, sought by<br />

agreement, communication, or conference with anyone to fix the Proposal price of the Proposer<br />

or any other Proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of<br />

that of any other Proposer. All statements contained in the Proposal are true. The Proposer has<br />

not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or the<br />

contents thereof, or divulged in<strong>for</strong>mation or data relative thereto, to any corporation, partnership,<br />

company association, <strong>org</strong>anization, Proposal depository, or to any member or agent thereof to<br />

effectuate a collusive or sham Proposal, and has not paid, and will not pay, any person or entity<br />

<strong>for</strong> such purpose.<br />

Any person executing this declaration on behalf of a Proposer that is a corporation, partnership,<br />

joint venture, limited liability company, limited liability partnership, or any other entity, hereby<br />

represents that he or she has full power to execute, and does execute, this declaration on<br />

behalf of the Proposer.<br />

I declare under penalty of perjury under the laws of the State of Cali<strong>for</strong>nia that the <strong>for</strong>egoing is<br />

true and correct and that this declaration is executed on ____________________ [date], at<br />

___________________ [city], ___________________ [state]."<br />

___________________________________<br />

[NAME OF PROPOSER]<br />

[Signature of Proposer (if individual) or its Officer]<br />

[Typed Name of Person Signing]<br />

[Office or Title]<br />

________________________________________________________________________________________<br />

Page 26 of 34


EXHIBIT “H”<br />

NON-DISCRIMINATION CERTIFICATION<br />

Proposer hereby certifies that in per<strong>for</strong>ming work or providing services <strong>for</strong> the District, there<br />

shall be no discrimination in its hiring or employment practices because of age, sex, race, color,<br />

ancestry, national origin, religious creed, physical handicap, medical condition, marital status, or<br />

sexual orientation, except as provided <strong>for</strong> in Section 12940 of the Cali<strong>for</strong>nia Government Code.<br />

Proposer shall comply with applicable federal and Cali<strong>for</strong>nia anti-discrimination laws, including<br />

but not limited to the Cali<strong>for</strong>nia Fair Employment and Housing Act, beginning with Section<br />

12900 of the Cali<strong>for</strong>nia Government Code.<br />

IN WITNESS WHEREOF, the undersigned has executed this Certificate of Non-Discrimination<br />

this __________ day of ____________________, 20__.<br />

Date:_____________________<br />

______________________________________<br />

[NAME OF PROPOSER]<br />

[Signature of Proposer (if individual) or its Officer]<br />

[Typed Name of Person Signing]<br />

[Office or Title]<br />

________________________________________________________________________________________<br />

Page 27 of 34


EXHIBIT ”I”<br />

CONFIDENTIALITY AGREEMENT<br />

The undersigned, a duly authorized officer of _____________________ [name of proposer or<br />

bidder] with authority to execute and contractually bind the below-named bidder or proposer<br />

(“Proposer”) to this Confidentiality Agreement, does hereby represent, warrant, and agree that<br />

(1) any and all financial, statistical, personal, technical, or other data and in<strong>for</strong>mation that is<br />

designated confidential by the District and made available to the Proposer and the content of<br />

any or all verbal discussions or negotiations between the Proposer and District concerning the<br />

terms or other content of a proposal, bid, or other offer, submitted by the Proposer to the District<br />

(collectively, “Confidential In<strong>for</strong>mation”) shall be kept in strictest confidence and no disclosure of<br />

any part of the Confidential In<strong>for</strong>mation shall be made by the Proposer to anyone other than<br />

authorized employees, agents, representatives, subcontractors or subconsultants of the<br />

Proposer having a need to know the Confidential In<strong>for</strong>mation in order to assist the Proposer in<br />

preparing its proposal, bid or other offer, (2) Proposer shall take all necessary steps to ensure<br />

that the Confidential In<strong>for</strong>mation is not disclosed by any employee, agent, representative,<br />

subcontractor or subconsultant employed or retained by the Proposer, including, without<br />

limitation, requiring each such employee, agent, representative, subcontractor and<br />

subconsultant to execute a written agreement, substantially similar in <strong>for</strong>m to this Confidentiality<br />

Agreement, promising to protect the Confidential In<strong>for</strong>mation from disclosure, and (3) the<br />

Proposer shall, if requested by District, return to District the originals and all copies of the<br />

Confidential In<strong>for</strong>mation, as well as any notes, summaries or other writings reflecting the content<br />

of Confidential In<strong>for</strong>mation, within five (5) calendar days of request by District.<br />

Date: _____________________ _________________________________________<br />

[NAME OF PROPOSER]<br />

[Signature of Proposer (if individual) or its Officer]<br />

[Typed Name of Person Signing]<br />

[Office or Title]<br />

________________________________________________________________________________________<br />

Page 28 of 34


EXHIBIT “J”<br />

OUTREACH FORMS<br />

________________________________________________________________________________________<br />

Page 29 of 34


EXHIBIT J<br />

COMMUNITY ECONOMIC DEVELOPMENT PROGRAM<br />

LOCAL, SMALL, AND EMERGING BUSINESS OPPORTUNITIES<br />

The Los Angeles Community College District’s (District) Board of Trustees (“Board”) seeks to<br />

continue and further its mission to contribute to the economic development of the community<br />

through the inclusion of local, small and emerging businesses. To that end, the Board adopted<br />

Board Rule 7103.17 Opportunities <strong>for</strong> Local, Small and Emerging Businesses.<br />

A. Definitions.<br />

1. “Proposal” shall mean all facilities proposals that are projected to be funded by at least fifty<br />

percent (50%) by the funds from Proposition A, AA or Measure J;<br />

2. “Emerging” shall mean a firm that has been in business in its substantially current <strong>for</strong>m <strong>for</strong><br />

up to five (5) years;<br />

3. “Local” shall mean a business that has its principal headquarters located within Los Angeles<br />

County;<br />

4. “Small” shall be defined in the same terms as defined by the U.S. Small Business<br />

Administration (http://www.sba.gov/content/am-i-small-business-concern);<br />

5. “Reimbursable Expenses” shall mean expenses such as photocopying, travel, telephone<br />

other services provided by another business, that are specified as permissible under the<br />

agreement, and that are less than ten percent (10%) in the aggregate of the total<br />

agreement. Reimbursable Expenses shall not include per<strong>for</strong>mance of services or materials<br />

supplies that are subcontracted to another person or firm.<br />

B. Goals.<br />

The Board has established a goal of twenty-eight percent (28%) participation of Local, Small or<br />

Emerging businesses in its agreements regarding facilities awarded each fiscal year.<br />

C. Proposing.<br />

As a condition to be considered responsive, a Proposer must submit a completed Outreach<br />

Certification Form OR-110, attached hereto, certifying that it has satisfied one of the below<br />

requirements:<br />

1) Demonstrated participation of at least twenty-eight percent (28%) of the total proposal being<br />

per<strong>for</strong>med by Local, Small and Emerging businesses by submitting a completed Local,<br />

Small, and Emerging Business Identification Form OR-120, in the <strong>for</strong>m attached hereto, and<br />

a completed Subconsultant Business Identification Form OR -125, in the <strong>for</strong>m attached<br />

hereto, from each Subconsultant identified in the OR-120, with the Proposal; or<br />

2) Demonstrated Good Faith Ef<strong>for</strong>t (GFE) to include Local, Small or Emerging businesses, in<br />

accordance with the requirements found in Section D Good Faith Ef<strong>for</strong>t below, and a<br />

completed Good Faith Ef<strong>for</strong>t Certification Form OR -160 and submission, within five (5)<br />

business days of request by District, of evidence of such good faith ef<strong>for</strong>t as required by<br />

Good Faith Ef<strong>for</strong>t Certification Form OR -160; or<br />

3) Provide certification that it intends to per<strong>for</strong>m ninety-five percent (95%) of the work with its<br />

own employees, excluding Reimbursable Expenses.<br />

Exhibit J<br />

Page 1 of 11


D. Good Faith Ef<strong>for</strong>t.<br />

In order to satisfy and demonstrate a GFE Proposers shall per<strong>for</strong>m the following:<br />

1. Utilize at least two (2) Public Databases to identify Local, Small and Emerging businesses<br />

<strong>for</strong> inclusion in the Proposal. Such databases may include The Network Bid System<br />

www.thenetworkbidsystem.com or Cali<strong>for</strong>nia Department of General Services Office of<br />

Small Businesses & Disable Veteran Business Enterprise Services<br />

www.dgs.ca.gov/pd/Programs/OSDS.aspx. The Proposer shall retain evidence, such as<br />

print screens of search results, of utilizing databases.<br />

2. Directly solicit at least three (3) Local, Small and Emerging businesses or provide an<br />

explanation of why you didn’t or couldn’t. The Proposer shall retain a copy of written notices<br />

as evidence of directly soliciting Local, Small and Emerging businesses. Written notices<br />

must include the following in<strong>for</strong>mation: name of agency, name of project, company name,<br />

scope of work required, date of contact, method of contact (in-person, phone, fax, email),<br />

person contacted, result of contact (waiting <strong>for</strong> response, waiting <strong>for</strong> proposal/SOQ, left<br />

message, no answer, etc.).<br />

3. Provide access to <strong>Request</strong> <strong>for</strong> Proposal documents (<strong>RFP</strong> Documents). The Proposer shall<br />

retain evidence in the <strong>for</strong>m of copies of direct written communications with potential Local,<br />

Small and Emerging businesses that it has provided interested Local, Small and Emerging<br />

businesses the copies or access to <strong>RFP</strong> Documents.<br />

If requested by the District and within 5 business day of such request, the Proposer shall<br />

provide copies of all evidence of satisfying the GFE requirements.<br />

Exhibit J<br />

Page 2 of 11


COMMUNITY ECONOMIC DEVELOPMENT PROGRAM<br />

LOCAL, SMALL, AND EMERGING BUSINESS OPPORTUNITIES<br />

OUTREACH ELECTION CERTIFICATION<br />

FORM OR-110<br />

Pursuant to Los Angeles Community College District Board Rule 7103.17, Opportunities <strong>for</strong> Local, Small<br />

and Emerging Businesses, the undersigned Proposer hereby certifies its election to comply with said Board<br />

Rule by means of the option selected below (select one):<br />

Option #1: Proposer hereby certifies that it has provided <strong>for</strong> at least twenty-eight percent (28%)<br />

participation (as calculated in accordance with Board Rule 7103.17) by Local, Small or Emerging<br />

Businesses in the per<strong>for</strong>mance of the services proposed in its Proposal, as demonstrated by the<br />

following <strong>for</strong>ms submitted with its Proposal:<br />

1) From Proposer, a completed Local, Small, and Emerging Business Identification Form<br />

OR-120; and<br />

2) From each Subconsultant proposed by Proposer that is a Local, Small or Emerging<br />

Business, a completed Subconsultant Business Identification Form OR -125.<br />

Option #2: Proposer hereby certifies that it has made a “good faith ef<strong>for</strong>t” to include Local, Small<br />

and Emerging Businesses as demonstrated by the following:<br />

1) From Proposer, a completed Good Faith Ef<strong>for</strong>t Certification Form OR-160.<br />

2) From Proposer, submission, within five (5) business days of request by District, of evidence<br />

of such good faith ef<strong>for</strong>t as required by the Good Faith Ef<strong>for</strong>t Certification Form OR-160.<br />

Option #3: Proposer hereby certifies that it intends to per<strong>for</strong>m ninety-five percent (95%) (as<br />

calculated in accordance with Board Rule 7103.17) of the services proposed in its Proposal using<br />

its own employees.<br />

In addition to the <strong>for</strong>ms noted above:<br />

<br />

<br />

All Proposers may submit a completed Proposer Business Identification Form OR-155.<br />

Proposers may submit a completed Disabled Veteran-Owned Business Identification Form<br />

OR-121 and a completed Additional Business Identification Form OR-126, ONLY if<br />

applicable.<br />

PROPOSER:<br />

By:<br />

Name:<br />

Title:<br />

(Type or Print Complete Legal Name of Proposer)<br />

(Signature)<br />

(Type or Print)<br />

Address:<br />

City: ________________________ State: _____ Zip:<br />

Date:<br />

Exhibit J<br />

Page 3 of 11


COMMUNITY ECONOMIC DEVELOPMENT PROGRAM<br />

LOCAL, SMALL, AND EMERGING BUSINESS OPPORTUNITIES<br />

LOCAL, SMALL, AND EMERGING BUSINESS IDENTIFICATION<br />

FORM OR-120<br />

TO BE COMPLETED BY ALL PROPOSERS UTILZING SUBCONSULTANTS WHO ARE LOCAL, SMALL OR EMERGING<br />

BUSINESSES<br />

Proposer Name:<br />

Address, City, State, Zip:<br />

RFQ/<strong>RFP</strong> #:<br />

Company Contact:<br />

Title:<br />

Phone #: Email: Signature:<br />

A Proposer that is electing Option #1 in the Proposer’s Local, Small, and Emerging<br />

Business Certification Form LSE-110 must, in order to be considered in compliance with<br />

LACCD Board Rule 7103.17, provide the following in<strong>for</strong>mation <strong>for</strong> each proposed<br />

Subconsultant that is a Local, Small and Emerging Business:<br />

Name of Local, Small or Emerging<br />

Business*<br />

(include certification # and name of public<br />

agency issuing certification, if any)<br />

Business<br />

Type<br />

(L/S/E)*<br />

Services<br />

Percentage<br />

of<br />

Services*<br />

* As defined in LACCD Board Rule 7103.17<br />

Exhibit J<br />

Page 4 of 11


COMMUNITY ECONOMIC DEVELOPMENT PROGRAM<br />

LOCAL, SMALL, AND EMERGING BUSINESS OPPORTUNITIES<br />

SUBCONSULTANT BUSINESS IDENTIFICATION<br />

FORM OR-125<br />

TO BE COMPLETED BY ALL SUBCONSULTANTS LISTED IN LOCAL, SMALL AND EMERGING BUSINESS IDENTIFICATION FORM OR-120<br />

Subconsultant Name:<br />

Proposer Name:<br />

Address, City, State, Zip:<br />

Phone #: Fax #: Email:<br />

RFQ/<strong>RFP</strong> #:<br />

I, the undersigned, declare (check all that apply):<br />

1. Small Business – Type of business, NAICS code (in parentheses), three year average annual<br />

gross sales amount or <strong>number</strong> of employees. Check all that apply.<br />

Architectural (541310) or Engineering (541330), less<br />

than $4.5M<br />

Landscape Architectural (541320), less than $7.0M<br />

Environmental Consulting (541620), less than $7.0M<br />

Environmental Remediation (562910), less than 500<br />

employees<br />

Waste Collection, Treatment, Disposal (multiple<br />

NAICS codes), less than $12.5M<br />

Surveying and Mapping (541360 or 541370), less<br />

than $4.5M<br />

A small business is defined utilizing federal SBA size standards based on NAICS codes. Following is a<br />

partial list of small business size standards and corresponding NAICS codes. To access a complete list<br />

of NAICS codes and definitions, log on to www.census.gov/epcd/naics02/naicod02.htm. To access the<br />

SBA’s Table of Small Business Size Standards, log on to<br />

www.sba.gov/idc/groups/public/documents/sba_homepage/serv_sstd_tablepdf.pdf.<br />

2. Emerging Business – In business less than five (5) years. Business started on (date):<br />

3. Local Business – Check all that apply:<br />

Principal office of the business is located within the zip code service area of the Los Angeles<br />

Community College District (see zip code reference on the following pages).<br />

Principal office of the business is located within Los Angeles County.<br />

Computer Programming, Computer Systems Design, Computer<br />

Facilities Management Systems, Other Computer-Related<br />

Services (multiple NAICS codes), less than $25.0M<br />

Truckers (multiple NAICS codes), less than $25.5M<br />

<strong>Build</strong>ing, Heavy and Civil Engineering Construction - General<br />

Contractor (multiple NAICS codes), less than $33.5M<br />

Specialty Trade Contractor (multiple NAICS codes), less than<br />

$14.0M<br />

Construction Equipment Rental, with Owner-Operator (238910),<br />

less than $14.0M<br />

Other Small Business Administration category (please list)<br />

Category:<br />

NAICS code:<br />

I acknowledge and understand that providing in<strong>for</strong>mation that is not true and correct will result in<br />

disqualification of the Subconsultant, and any firm proposing the Subconsultant, from<br />

participation in the procurement process that is the subject of the <strong>Request</strong> <strong>for</strong> Proposal by the Los<br />

Angeles Community College District.<br />

VERIFICATION<br />

I declare under penalty of perjury under the laws of the State of Cali<strong>for</strong>nia that the <strong>for</strong>egoing is true<br />

and correct and that this declaration is executed on ____________________ [date], at<br />

___________________ [city], ___________________ [state].<br />

Name:<br />

Signature:<br />

Exhibit J<br />

Page 5 of 11


Attachment to Form OR-125 – Campus Community Zip Codes<br />

1. City College:<br />

90004 90017 90028 90041 90068<br />

90005 90<strong>019</strong> 90029 90046 90069<br />

90006 90020 90036 90048 90205<br />

90010 90026 90038 90057<br />

90012 90027 90039 90065<br />

2. East Los Angeles College:<br />

90022 90040 90201 91754 91801<br />

90023 90042 90202 91755 90802<br />

90031 90063 90270 91770 90803<br />

90032 90071 90280 91775<br />

90033 90089 91640 91776<br />

3. Harbor College:<br />

90274 90502 90731 90745<br />

90275 90710 90732 90746<br />

90501 90717 90744 90810<br />

4. Mission College:<br />

91040 91331 91342 91345<br />

91042 91340 91344 91351<br />

5. Pierce College:<br />

90290 91306 91325 91356 91467<br />

91301 91307 91326 91361 91406<br />

91302 91311 91330 91362 91436<br />

91303 91316 91335 91364<br />

91304 91324 91343<br />

6. Southwest College:<br />

90002 90047 90061 90247 90249<br />

90003 90059 90222 90248 90303<br />

90044<br />

7. Trade Technical College:<br />

90001 90013 90018 90037 90062<br />

90007 90014 90021 90258 90255<br />

90011 90015<br />

8. Valley College:<br />

90077 91403 91501 91506 91605<br />

91352 91405 91502 91601 91606<br />

91401 91411 91504 91602 91607<br />

91402 91423 91505 91604<br />

9. West Los Angeles College:<br />

90008 90035 90066 90211 90272<br />

90016 90043 90067 90212 90291<br />

90024 90045 90094 90230 90292<br />

90025 90049 90210 90232 90293<br />

90034 90064<br />

Exhibit J<br />

Page 6 of 11


COMMUNITY ECONOMIC DEVELOPMENT PROGRAM<br />

LOCAL, SMALL, AND EMERGING BUSINESS OPPORTUNITIES<br />

GOOD FAITH EFFORT CERTIFICATION<br />

FORM OR-160<br />

The undersigned Proposer, having elected pursuant to Los Angeles Community College District Board<br />

Rule 7103.17, Opportunities <strong>for</strong> Local, Small and Emerging Businesses, to comply with said Board Rule by<br />

certifying its “good faith ef<strong>for</strong>t” to include Local, Small and Emerging Businesses in the per<strong>for</strong>mance of the<br />

services proposed by Proposer, hereby certifies as follows:<br />

1. Proposer has utilized at least two (2) public databases (such as, the Network Bid System<br />

www.thenetworkbidsystem.com or Cali<strong>for</strong>nia Department of General Services Office of Small<br />

Businesses & Disabled Veteran Business Enterprise Services<br />

www.dgs.ca.gov/pd/Programs/OSDS.aspx) to identify Local, Small or Emerging Businesses that<br />

might be interested in providing a portion of the services proposed in its Proposal and has<br />

retained evidence of such ef<strong>for</strong>ts in the <strong>for</strong>m of print screens of the search results.<br />

2. Proposer has either:<br />

a. directly contacted at least three (3) Local, Small, or Emerging Businesses and retained<br />

evidence of such contacts in the <strong>for</strong>m of written (paper or electronic) notification(s)<br />

in<strong>for</strong>ming such businesses of the contracting opportunity (including a description of the<br />

proposed contract, services, issuing agency, and notice of when and where copies of the<br />

<strong>RFP</strong> Documents can be reviewed); or<br />

b. has been unable to do so <strong>for</strong> the following reasons:<br />

__________________________________________________________________________<br />

__________________________________________________________________________<br />

(include in explanation all attempts at notice, including the dates and details of any<br />

notifications, written or verbal, attempted) and has retained written (paper or electronic)<br />

evidence of all such ef<strong>for</strong>ts.<br />

3. Proposer will, if requested by the District, provide copies of all evidence retained demonstrating<br />

its compliance with the <strong>for</strong>egoing within 5 business days of such request.<br />

PROPOSER:<br />

By:<br />

Name:<br />

(Type or Print Complete Legal Name of Proposer)<br />

(Signature)<br />

(Type or Print)<br />

Title:<br />

Address:<br />

City: ________________________ State: _____ Zip:<br />

Date:<br />

Exhibit J<br />

Page 7 of 11


COMMUNITY ECONOMIC DEVELOPMENT PROGRAM<br />

DISABLED VETERAN-OWNED BUSINESS OPPORTUNITIES<br />

LOCAL, SMALL, AND EMERGING BUSINESS OPPORTUNITIES<br />

PROPOSER BUSINESS IDENTIFICATION<br />

FORM OR-155<br />

MAY BE COMPLETED BY ALL PROPOSERS<br />

The in<strong>for</strong>mation requested by this <strong>for</strong>m is required <strong>for</strong> in<strong>for</strong>mational purposes only. Proposers are not graded, scored,<br />

evaluated, or ranked based upon the responses provided. Nor shall a Proposer be deemed non-responsive <strong>for</strong> not providing<br />

the in<strong>for</strong>mation below.<br />

Proposer Name:<br />

Address, City, State, Zip:<br />

RFQ/<strong>RFP</strong> #:<br />

Company Contact:<br />

Title:<br />

Phone #: Email: Signature:<br />

Proposer’s business is a (check all that apply and, if certified as such by a public agency, include name of certifying agency):<br />

Local Business* Certifying agency (if any): ______________________________<br />

____________________<br />

Small Business* Certifying agency (if any): ______________________________<br />

____________________<br />

Small Business - Type of business, NAICS code (in parentheses), three year average annual gross sales amount or <strong>number</strong><br />

of employees. Check all that apply.<br />

Architectural (541310) or Engineering (541330), less<br />

than $4.5M<br />

Landscape Architectural (541320), less than $7.0M<br />

Computer Programming, Computer Systems Design, Computer<br />

Facilities Management Systems, Other Computer-Related<br />

Services (multiple NAICS codes), less than $25.0M<br />

Truckers (multiple NAICS codes), less than $25.5M<br />

Environmental Consulting (541620), less than $7.0M<br />

<strong>Build</strong>ing, Heavy and Civil Engineering Construction - General<br />

Contractor (multiple NAICS codes), less than $33.5M<br />

Environmental Remediation (562910), less than 500<br />

employees<br />

Specialty Trade Contractor (multiple NAICS codes), less than<br />

$14.0M<br />

Waste Collection, Treatment, Disposal (multiple<br />

NAICS codes), less than $12.5M<br />

Construction Equipment Rental, with Owner-Operator (238910),<br />

less than $14.0M<br />

Surveying and Mapping (541360 or 541370), less Other Small Business Administration category (please list)<br />

than $4.5M<br />

Category:<br />

NAICS code:<br />

Emerging Business* Certifying agency (if any): ______________________________<br />

____________________<br />

Disabled Veteran-Owned Business (DVOB) Certifying agency (if any)<br />

None of the Above<br />

*As defined in LACCD Board Rule 7103.17<br />

I acknowledge and understand that providing in<strong>for</strong>mation that is not true and correct will result in disqualification<br />

of the Subconsultant, and any firm proposing the Subconsultant, from participation in the procurement process<br />

that is the subject of the <strong>Request</strong> <strong>for</strong> Proposal by the Los Angeles Community College District.<br />

VERIFICATION<br />

I declare under penalty of perjury under the laws of the State of Cali<strong>for</strong>nia that the <strong>for</strong>egoing is true and correct and that<br />

this declaration is executed on ______________ [date], at ___________________ [city], ___________________ [state].<br />

Name:<br />

Signature:<br />

Exhibit J<br />

Page 8 of 11


Attachment to Form OR-155 – Campus Community Zip Codes<br />

1. City College:<br />

90004 90017 90028 90041 90068<br />

90005 90<strong>019</strong> 90029 90046 90069<br />

90006 90020 90036 90048 90205<br />

90010 90026 90038 90057<br />

90012 90027 90039 90065<br />

2. East Los Angeles College:<br />

90022 90040 90201 91754 91801<br />

90023 90042 90202 91755 90802<br />

90031 90063 90270 91770 90803<br />

90032 90071 90280 91775<br />

90033 90089 91640 91776<br />

3. Harbor College:<br />

90274 90502 90731 90745<br />

90275 90710 90732 90746<br />

90501 90717 90744 90810<br />

4. Mission College:<br />

91040 91331 91342 91345<br />

91042 91340 91344 91351<br />

5. Pierce College:<br />

90290 91306 91325 91356 91467<br />

91301 91307 91326 91361 91406<br />

91302 91311 91330 91362 91436<br />

91303 91316 91335 91364<br />

91304 91324 91343<br />

6. Southwest College:<br />

90002 90047 90061 90247 90249<br />

90003 90059 90222 90248 90303<br />

90044<br />

7. Trade Technical College:<br />

90001 90013 90018 90037 90062<br />

90007 90014 90021 90258 90255<br />

90011 90015<br />

8. Valley College:<br />

90077 91403 91501 91506 91605<br />

91352 91405 91502 91601 91606<br />

91401 91411 91504 91602 91607<br />

91402 91423 91505 91604<br />

9. West Los Angeles College:<br />

90008 90035 90066 90211 90272<br />

90016 90043 90067 90212 90291<br />

90024 90045 90094 90230 90292<br />

90025 90049 90210 90232 90293<br />

90034 90064<br />

Exhibit J<br />

Page 9 of 11


COMMUNITY ECONOMIC DEVELOPMENT PROGRAM<br />

DISABLED VETERAN-OWNED BUSINESS OPPORTUNITIES<br />

DISABLE VETERAN-OWNED BUSINESS IDENTIFICATION<br />

FORM OR-121<br />

MAY BE COMPLETED BY ALL PROPOSERS UTILZING SUBCONSULTANTS WHO ARE DISABLE VETERAN-OWNED BUSINESS<br />

Proposer Name:<br />

Address, City, State, Zip:<br />

RFQ/<strong>RFP</strong> #:<br />

Company Contact:<br />

Title:<br />

Phone #: Email: Signature:<br />

Identify each Disabled Veteran-Owned Business that will per<strong>for</strong>m any portion of the services being proposed<br />

by the Proposer in its Proposal and state the percentage that the price proposed by the DVOB to the<br />

Proposer bears to the total price proposed by the Proposer to LACCD in its Proposal:<br />

Name of Disabled Veteran-<br />

Owned Business<br />

(include certification # and name of public<br />

agency issuing certification, if any)<br />

DVOB Services<br />

Percentage<br />

Exhibit J<br />

Page 10 of 11


COMMUNITY ECONOMIC DEVELOPMENT PROGRAM<br />

DISABLED VETERAN-OWNED BUSINESS OPPORTUNITIES<br />

LOCAL, SMALL, AND EMERGING BUSINESS OPPORTUNITIES<br />

ADDITIONAL BUSINESS IDENTIFICATION<br />

FORM OR-126<br />

INFORMATION PURPOSES ONLY<br />

The in<strong>for</strong>mation requested by this <strong>for</strong>m is required <strong>for</strong> in<strong>for</strong>mational purposes only. Proposers /<br />

Subconsultants are not graded, scored, evaluated, or ranked based upon the responses provided.<br />

Proposer/Subconsultant Name:<br />

Address, City, State, Zip:<br />

Company Contact:<br />

Title:<br />

Phone #: Email: Signature:<br />

Proposer’s/Subconsultant’s business is a (check all that apply and, if certified as such by a public agency,<br />

include name of certifying agency):<br />

Minority Business Enterprise (MBE) Certifying agency (if any)<br />

Woman-Owned Business Enterprise (WBE) Certifying agency (if any)<br />

Disadvantaged Business Enterprise (DBE) Certifying agency (if any)<br />

Exhibit J<br />

Page 11 of 11


EXHIBIT”K”<br />

PP-04-09 PROPOSAL PROTEST AND APPEALS<br />

I. OVERVIEW<br />

It is the policy of the District to af<strong>for</strong>d due process to suppliers that have participated in a<br />

competitive procurement process and believe they have not been accorded fair treatment or<br />

that the selection process was materially flawed.<br />

This process extends to suppliers whose proposals have been rejected as “non-responsive” to a<br />

solicitation or which have been declared “non-responsible” and ineligible <strong>for</strong> award. At the same<br />

time, it is not the District’s intent to unnecessarily delay the award of contracts resulting from<br />

legitimate processes or provide a <strong>for</strong>um <strong>for</strong> proposers interested solely in denying business to<br />

their competitors.<br />

Accordingly, this section establishes the rules and procedures <strong>for</strong> vendors to protest the<br />

recommended awards resulting from requests <strong>for</strong> quotes, invitations <strong>for</strong> proposals or requests<br />

<strong>for</strong> proposals. Different rules and procedures are applied to purchases below and above the<br />

statutory proposal threshold.<br />

Since most purchases below the statutory proposal threshold are delegated to the colleges and<br />

purchasing regions and are transacted in<strong>for</strong>mally (e.g. orally, via email or fax, through catalog<br />

pricing), with the objective of expediting the transactions, the protest process is correspondingly<br />

abbreviated and college-based. Conversely, because purchases equal to or exceeding the<br />

proposal threshold are reserved to the District Contracts and Purchasing Section and are<br />

transacted in a <strong>for</strong>mal manner, with resulting contracts requiring prior approval by the Board of<br />

Trustees, the protest process is equally <strong>for</strong>mal and administered by the Executive Director of<br />

Facilities Planning and Development (hereinafter Director).<br />

This section does not cover the process <strong>for</strong> proposal protests of public works projects under the<br />

Cali<strong>for</strong>nia Uni<strong>for</strong>m Cost Accounting Act (CUPCAA). This process may be found in the Facilities<br />

Section or in Board Rule 7103.6.<br />

II. PROCESS<br />

A. Purchases below statutory proposal threshold<br />

1. Filing of protest<br />

A supplier that has submitted a quote or proposal to a college <strong>for</strong> less than the<br />

statutory proposal threshold, and wishes to lodge a protest against the award to<br />

another supplier (hereafter in this section, “Protestor”), supplier must comply with<br />

the following:<br />

(a) Submit such protest in writing to the Vice President of Administrative<br />

Services of the college (hereafter in this section, “Vice President”);<br />

(b) The protest must be submitted within two (2) business days of notification<br />

of the proposed award; and<br />

(c) The protest letter must state the basis <strong>for</strong> the protest and the remedy<br />

sought.<br />

2. Disposition of protest<br />

________________________________________________________________________________________<br />

Page 30 of 34


Upon receipt of a protest, the Vice President will:<br />

(a) Suspend award pending disposition of the protest;<br />

(b) Notify the supplier recommended <strong>for</strong> award (hereafter in this section,<br />

“Awardee”) about the protest; and<br />

(c) Invite the Awardee to submit, within two (2) business days of notice of the<br />

proposal protest, any in<strong>for</strong>mation in support of the award.<br />

If the Vice President upholds the protest, this decision and its basis will be<br />

conveyed in writing to the Protestor, the Awardee, and any other supplier that<br />

submitted a quote or proposal. The communication will also declare the college’s<br />

intention to: (a) award to another supplier, or (b) cancel the solicitation and resolicit<br />

quotes or proposals, or (c) cancel the solicitation and not re-solicit <strong>for</strong> at<br />

least six (6) months.<br />

If the Vice President denies the protest, this decision and its basis will be<br />

conveyed in writing to the Protestor and all other suppliers that submitted a quote<br />

or proposal. In denying the protest, the Vice President may declare the college’s<br />

intention to: (a) award to the Awardee; or (b) cancel the solicitation and re-solicit<br />

quotes or proposals, or (c) cancel the solicitation and not re-solicit <strong>for</strong> at least six<br />

(6) months.<br />

Whether upholding or denying the protest, if the Vice President elects to cancel<br />

the solicitation and not re-solicit <strong>for</strong> at least six months, then the decision on the<br />

protest and the action will be deemed final and there will be no further avenue of<br />

appeal <strong>for</strong> any party.<br />

3. Appeal<br />

Except where the Vice President’s decision is deemed final as stipulated above,<br />

any supplier notified of the Vice President’s decision on a protest must, within<br />

two (2) business days of notice, appeal the decision in writing to the President of<br />

the college and include in the appeal to the President the same in<strong>for</strong>mation as<br />

required <strong>for</strong> the original protest. The disposition of the appeal will be handled in<br />

the same manner as the protest.<br />

The President’s decision on the appeal will be conveyed to all parties in writing.<br />

The President’s decision in the matter will be final and there will be no further<br />

avenue of appeal <strong>for</strong> any party.<br />

4. District Office transactions<br />

If the protested transaction is <strong>for</strong> the District Office, the initial protest described<br />

above will be directed to the Director and the appeal will be to the Deputy<br />

Chancellor, whose decision in the matter will be final. Such decision will be<br />

communicated to all parties in writing within a reasonable time period after the<br />

decision is made.<br />

5. Notice of protest procedures<br />

The procedure described above will be provided upon request to any supplier<br />

that requests in<strong>for</strong>mation on how to protest an award below the statutory<br />

proposal threshold. The procedure <strong>for</strong> supplier protest will be made available on<br />

the LACCD website.<br />

B. Purchases at or above statutory proposal threshold<br />

1. Filing of protest<br />

________________________________________________________________________________________<br />

Page 31 of 34


A supplier that has submitted a sealed proposal or proposal to the District under<br />

a solicitation estimated to equal or exceed the statutory proposal threshold, and<br />

wishes to lodge a protest against the award to another proposer/proposer, must<br />

comply with the following:<br />

(a) Submit such protest in writing to the Director at the District Office.<br />

(b) Protests must be submitted within five (5) business days of notification of<br />

the proposed award; and<br />

(c) The protest letter must state the basis <strong>for</strong> the protest and the remedy<br />

sought.<br />

2. Disposition of protest<br />

Upon receipt of a protest, the Director will:<br />

(a) Suspend award pending disposition of the protest;<br />

(b) Notify the Awardee about the protest; and<br />

(c) Invite the Awardee to submit, within two (2) business days of notice, any<br />

in<strong>for</strong>mation in support of the award.<br />

If the Director upholds the protest, this decision and its basis will be conveyed in<br />

writing to the Protestor, the original Awardee, and any other supplier that<br />

submitted a proposal or proposal. The communication will also declare the<br />

District’s intention to: (a) award to another proposer/proposer, or (b) cancel the<br />

solicitation and re-solicit proposals or proposals, or (c) cancel the solicitation and<br />

not re-solicit <strong>for</strong> at least six (6) months.<br />

If the Director denies the protest, this decision and its basis will be conveyed in<br />

writing to the Protestor and all other suppliers that submitted a proposal or<br />

proposal. In denying the protest, the Director may declare the District’s intention<br />

to: (a) award to the Awardee; or (b) cancel the solicitation and re-solicit proposals<br />

or proposals, or (c) cancel the solicitation and not re-solicit <strong>for</strong> at least six (6)<br />

months.<br />

Whether upholding or denying the protest, if the Director elects to cancel the<br />

solicitation and not re-solicit <strong>for</strong> at least six months, then the decision on the<br />

protest and the action will be deemed final and there will be no further avenue of<br />

appeal <strong>for</strong> any party.<br />

3. First appeal<br />

Except where the Director’s decision is deemed final as stated above, any<br />

supplier so notified of the Director’s decision may:<br />

(a) Submit within five (5) business days of notice of the Director’s decision, an<br />

appeal in writing to the Chancellor, who may elect to delegate disposition of<br />

(b)<br />

the appeal to the Deputy Chancellor.<br />

Appeal to the Chancellor or Deputy Chancellor (collectively, hereafter in this<br />

section, “Chancellor”) and such an appeal must include the same<br />

in<strong>for</strong>mation as required <strong>for</strong> the original protest. Disposition of the appeal<br />

will be handled in the same manner as the protest.<br />

The Chancellor’s decision on the appeal will be conveyed to all<br />

proposers/proposers in writing. Whether upholding or denying the appeal, if the<br />

Chancellor elects to cancel the solicitation and not re-solicit proposals or<br />

proposals <strong>for</strong> at least six (6) months, then the decision on the appeal and the<br />

action will be deemed final and there will be no further avenue of appeal <strong>for</strong> any<br />

party.<br />

4. Final appeal; public hearing<br />

________________________________________________________________________________________<br />

Page 32 of 34


Except where the Chancellor’s decision is deemed final as stipulated above, any<br />

proposer/proposer so notified of the Chancellor’s decision may:<br />

(a) Submit within five (5) business days of notice of the Chancellor’s decision,<br />

an appeal in writing to the Board of Trustees (hereafter in this section,<br />

“Board”) and request a public hearing on the appeal at a regularly<br />

scheduled Board meeting be<strong>for</strong>e action is taken on the recommended<br />

award.<br />

(b) Appeal to the Board and such an appeal must include the same in<strong>for</strong>mation<br />

as required in the Chancellor’s appeal.<br />

Upon receipt of such appeal, the Board will defer award (if one is recommended)<br />

until after disposition of the appeal. The Board will also notify the Awardee about<br />

the appeal and invite that party to (a) submit in<strong>for</strong>mation in support of the award,<br />

and (b) appear at the public hearing if one is requested. Both the public hearing<br />

on the appeal and the award of contract, if one is recommended, may appear on<br />

the same public board agenda. Notice of the action taken by the Board will be<br />

conveyed to all proposers/proposers within a reasonable time period.<br />

If an appeal is filed but no public hearing is requested, or if the appellant fails to<br />

appear <strong>for</strong> a requested public hearing, the Board may rule summarily on the<br />

appeal or postpone a decision until a future date. Notification of the action taken<br />

or decision made by the Board will be provided to all proposers/proposers within<br />

a reasonable time period.<br />

If a public hearing is held, the Board will take testimony from the appellant and<br />

others that wish to speak on the matter be<strong>for</strong>e rendering a decision on the<br />

appeal. The Board, in its discretion, may limit the time allotted to testimony or the<br />

type of in<strong>for</strong>mation that may be presented.<br />

If the Board denies the appeal, it may proceed to award the contract if one is<br />

recommended on the Board agenda. If the Board upholds the appeal, then the<br />

Board may: (a) declare its intent to award to another proposer/proposer and<br />

direct staff to place a recommendation <strong>for</strong> said award on the next available Board<br />

agenda, or (b) cancel the solicitation and order the re-solicitation of proposals or<br />

proposals, or (c) cancel the solicitation and order that proposals/proposals not be<br />

re-solicited <strong>for</strong> at least six (6) months. The Board’s decision on the appeal will be<br />

final, with no avenue <strong>for</strong> further appeal, and will be conveyed to all<br />

proposers/proposers in writing. Notification of the Board’s decision will be<br />

communicated to all proposers/proposers within a reasonable time period after<br />

the decision is made.<br />

5. Notice of protest procedure<br />

A true and accurate summary of the rules and procedures <strong>for</strong> filing a protest, as<br />

described in II.B.1 above, will be included in any invitation <strong>for</strong> proposals or<br />

request <strong>for</strong> proposals <strong>for</strong> purchases at or above the statutory proposal threshold.<br />

Thereafter, a copy of the rules and procedures governing appeals will be<br />

furnished to each Protestor as part of a response to the protest. The protest<br />

procedure will also be made available on the LACCD website.<br />

6. Recordkeeping<br />

File records containing documentation on supplier protests and appeals,<br />

including but not limited to correspondence and written decisions, shall be<br />

maintained by the Office of the Vice President of Administrative Services or in the<br />

office of the Director or in the office of the Contract’s Manager respective to the<br />

dollar threshold of protest initiation.<br />

________________________________________________________________________________________<br />

Page 33 of 34


Files should be kept in a chronological, complete and orderly manner as these<br />

documents constitute the administrative record <strong>for</strong> the process af<strong>for</strong>ded to a<br />

specific supplier by the District in a particular case and could be exposed in<br />

potential litigation with a supplier or subject to a Cali<strong>for</strong>nia Public Records Act<br />

request.<br />

III.<br />

LEGAL AUTHORITY AND CITATIONS<br />

Public Contract Code sections 10290, 20650-20660, 22030-22045<br />

Education Code sections 81550 et seq, 81641, 81651<br />

Government Code section 53060<br />

Board Rules 7100, 7100.16 and 7102.16, 7103.6<br />

04-02 – Types of Transactions<br />

04-06 - Large Purchases<br />

Government Code sections 6250-6270<br />

________________________________________________________________________________________<br />

Page 34 of 34

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