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(rfsq) for a master agreement for construction management services

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person or organization which WCA records indicate has received this RFSQ. Shouldsuch addendum require additional in<strong>for</strong>mation not previously requested, failure toaddress the requirements of such addendum may result in the SOQ not beingconsidered, as determined in the sole discretion of the WCA. The WCA is notresponsible <strong>for</strong> and shall not be bound by any representations otherwise made by anyindividual acting or purporting to act on its behalf.6.2. Contact with WCA Personnel6.2.1. Any contact regarding this RFSQ or any matter relating thereto must be in writingand may be mailed or e-mailed as follows:Debbie Enos, Project ManagerWatershed Conservation Authority100 N. Old San Gabriel Canyon RoadAzusa, CA 91702or via email at denos@wca.ca.gov6.3. Agency Option To Reject SOQs6.3.1. The Director of WCA, at his/her sole discretion, may reject any or all SOQssubmitted in response to this solicitation. WCA shall not be liable <strong>for</strong> any costincurred by a Proposer in connection with preparation and submittal of any SOQ.6.3.2. Protest Process6.3.2.1. Any actual or prospective Proposer may file a protest in connection withthe solicitation or award of a Board-approved service contract. It is generallyaccepted that the Proposer challenging the decision of the WCA bears theburden of proof in its claim that the Agency committed a sufficiently materialerror in the solicitation process to justify invalidation of a proposed award.Throughout the review process, the WCA has no obligation to delay orotherwise postpone an award of contract based on a Proposer protest. In allcases, the WCA reserves the right to make an award when it is determined tobe in the best interest of the Agency to do so.6.3.3. Grounds <strong>for</strong> Review6.3.3.1. Unless state or federal statutes or regulations otherwise provide, thegrounds <strong>for</strong> review of any Agency determination or action should be limited toa Solicitation Requirements Review.6.4. Notice to Proposer’s Regarding Public Records Act6.4.1. SOQ responses to this RFSQ shall become the exclusive property of the WCA.At such time as when the WCA executes a Master Agreement with qualifiedProposer(s), all such SOQs submitted in response to this RFSQ, become a matterof public record, with the exception of those parts of each SOQ which are definedand identified by the Contractor as business or trade secrets, and plainly marked as“Trade Secret,” “Confidential,” or “Proprietary.”6.4.2. WCA shall not, in any way, be liable or responsible <strong>for</strong> the disclosure of any suchrecord or any parts thereof, if disclosure is required or permitted under theCali<strong>for</strong>nia Public Records Act or otherwise by law. A blanket statement ofconfidentiality or the marking of each page of the SOQ as confidential shall not bedeemed sufficient notice of exception and may subject the entire SOQ todisclosure. The Proposer must specifically label only those provisions of the SOQwhich are “Trade Secrets,” “Confidential,” or “Proprietary” in nature.6.5. Indemnification and Insurance6.5.1. Proposer shall be required to comply with the Indemnification provisionscontained in Master Agreement. Proposer shall procure, maintain, and provide tothe WCA proof of insurance coverage <strong>for</strong> all the programs of insurance along withassociated amounts specified in Master Agreement.REQUEST FOR STATEMENT OF QUALIFICATIONSCONSTRUCTION MANAGEMENT SERVICESApril 2012 8

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