Clallam County Department of Health and Human Services

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2 Clallam County Department of Health and Human Services Environmental Health Services 223 East 4 th Street, Suite #14 Port Angeles, WA Tel: Fax: REQUEST FOR PROPOSALS (RFP) Issue Date: October 6, 2009 PROJECT TITLE: Do-It-Yourself Septic System Inspection Training Curriculum PROPOSAL DUE DATE: November 3, 2009 EXPECTED TIME PERIOD FOR CONTRACT: December 2009 to December 2011 Table of Contents I. Introduction...2 Purpose Background Objectives Scope of Work Qualifications Cost Requirements Period of Performance II. RFP Administrative Information & Schedule...6 III. Proposal Contents...8 IV. Evaluation...13 Scoring Information Debriefing for Unsuccessful Proposing Consultants Protest Procedure V. Minimum Contract Requirements...15 General Requirements Insurance Requirements Grant Requirements Exhibit A Clallam County OSS Work Group Recommendations Exhibit B Certifications and Assurances Exhibit C Example Professional Services Contract with Clallam County Exhibit D Requirements for Federal Clean Water Act Section 319-Funded Grants Exhibit E General Terms and Conditions of Ecology Grant Agreements

3 I. Introduction Purpose Clallam County Division of Environmental Health, hereafter called the County, is soliciting proposals from qualified firms to develop a Do-It-Yourself (DIY) on-site septic system (OSS) inspection training curriculum for homeowners. The curriculum will include educational tools such as inspection manuals and training videos. The purpose of the training program is to teach homeowners how to operate, monitor, and maintain their septic systems safely and effectively and to enable homeowners to perform the routine OSS inspections now required by state health regulations. The DIY septic system inspection training program will be one element of a DIY inspection system where homeowners are trained and certified by Clallam County to perform their own septic system inspections, complete the inspections, and then report their findings to the County via the internet. The County will test the DIY inspection system in a pilot project. The goal of the DIY inspection activities is to have properly maintained and functioning OSS in Clallam County, in order to minimize contamination from OSS that can negatively affect water quality, public health, and natural resources. Background Recent additions to the Washington State On-Site Sewage System Regulations now require local health jurisdictions (LHJs) to inform and educate homeowners about septic systems, and require OSS owners to ensure that their systems are inspected regularly and functioning properly. The LHJs must also track OSS inspections and enforce the inspection requirements. WAC A-0015(1) requires LHJs in the twelve Puget Sound counties (including Clallam County) to write and implement an OSS management plan that includes (but is not limited to) the following activities: (d) Facilitate education of homeowners regarding their responsibilities under this chapter and provide operation and maintenance information for all types of systems in use within the jurisdiction; (e) Remind and encourage homeowners to complete the operation and maintenance inspections required by WAC A-0270; (f) Maintain records required under this chapter, including of all operation and maintenance activities as identified; and (g) Enforce OSS owner permit application, operation, monitoring and maintenance and failure repair requirements defined in WAC A-0200(1), A- 0270, A-0275, and A-0280 (1) and (2); RFP DIY On-site Septic System Inspection Training Curriculum Pg. 2

4 WAC A-0270(1) requires the OSS owner to: (d) Assure a complete evaluation of the system components and/or property to determine functionality, maintenance needs and compliance with regulations and any permits: (i) At least once every three years for all systems consisting solely of a septic tank and gravity SSAS [subsurface soil absorption system]; (ii) Annually for all other systems unless more frequent inspections are specified by the local health officer; Clallam County developed its OSS management plan in with help from a stakeholder work group. The Clallam County OSS Work Group held a series of public meetings and provided recommendations to the County on issues such as how to implement the state s OSS inspection requirements, and these recommendations were included in the Clallam County On-Site Septic System Management Plan (on the web at see summary of recommendations in Exhibit A). Feedback from stakeholders and citizens during the OSS management planning process indicated that engaging OSS owners in the long-term monitoring and maintenance of their systems would be essential to sustainable OSS management in Clallam County. In particular, many citizens felt strongly that the County should develop an OSS inspection training program to help homeowners meet their responsibilities under the state health regulations. Citizens wanted the flexibility to evaluate their own OSS or hire a professional to perform the inspections. The OSS Work Group agreed that homeowners should have the option to perform their own OSS inspections, with some important restrictions, and provided they successfully complete a County-approved training program. Specific Work Group recommendations on OSS inspections and homeowner training are found in the OSS management plan (see also Exhibit A). The County finalized the OSS management plan in June 2007 and began to develop startup programs. In 2008, the County contracted with the Washington Onsite Sewage Association (WOSSA) to assist with a pilot project to start developing the DIY inspection system. The County and WOSSA held DIY inspection trainings on a trial basis for owners of conventional gravity OSS and standard pressure OSS. The one-day trainings involved classroom and field instruction, and homeowners had to pass a written test to be certified to inspect their own system. Public interest in these pilot classes was high, and the County has a waiting list of individuals interested in taking future OSS inspection trainings. Other LHJs in the Puget Sound region have established or are developing their own educational materials and classes. Although homeowner training and certification requirements vary among the counties and are still evolving, demand for OSS inspection training is strong in many jurisdictions, and resources to meet the demand are limited. Some LHJs have expressed interest in coordinating efforts to develop a standard homeowner training curriculum that could be adapted and used by jurisdictions across the region. Clallam County has an opportunity to develop a DIY inspection training curriculum that will meet its own needs while assisting other LHJs. The County has received a grant from RFP DIY On-site Septic System Inspection Training Curriculum Pg. 3

5 Washington Department of Ecology (ECY) to develop and evaluate a pilot program to inform and educate homeowners with OSS of their responsibilities to monitor and maintain their systems. Part of this grant-funded project is to develop a curriculum and implement an OSS inspection training program on a pilot scale, to measure its effectiveness through field and paper audits, and to document the results in a final project report. The pilot project will also test the feasibility of homeowners reporting their inspection results to the County via the internet. The pilot project could then be scaled up to a county-wide training, inspection, and reporting program for OSS owners in Clallam County and could serve as a model program for other jurisdictions. The County is looking for creative approaches to build on existing educational materials and programs to develop a DIY inspection training curriculum that satisfies the needs of Clallam County and its homeowners, is consistent with the recommendations of the Clallam County OSS Work Group, and is also useful to other Puget Sound LHJs. Objectives The objectives of this project are as follows: Develop a curriculum for teaching homeowners how to inspect their own septic system that is owned by the County and used by the County and other LHJs in a regional approach to homeowner training. Develop training tools (e.g., how to inspect manuals and videos) for inspecting conventional gravity OSS, pressurized distribution systems, mounds, and sand filters. Use resources wisely, taking advantage of existing training tools when appropriate and focusing efforts on the greatest needs. Test the developed materials in a pilot project; up to 200 homeowners will proceed through the course, be evaluated on how well they conducted their own inspection, and report their findings to Clallam County via the internet. Evaluate the feasibility of the DIY inspection program: successes and shortcomings, cost effectiveness, and applicability for other LHJs. Share the findings of the pilot project with the Clallam County OSS Work Group, ECY, Washington Department of Health (DOH), and Puget Sound LHJs. Scope of Work The scope of work outlined below will be refined in cooperation with the selected Consultant. The project encompasses the following tasks: Research the extent and nature of the kinds of educational and training materials (i.e. manuals, videos, websites, etc.) that exist and are focused on DIY OSS inspections. Under County direction, work with a group of LHJ staff (i.e. other environmental health departments) from the Puget Sound region to collect and synthesize ideas on an educational program that could be applied on a regional scale. RFP DIY On-site Septic System Inspection Training Curriculum Pg. 4

6 After consultation with the County to agree on which mediums to use, develop a set of educational tools which could include but may not be limited to OSS operation and maintenance manuals for homeowners, DVDs, and online training courses that cover a range of OSS types (see Objectives) and explain and illustrate the OSS inspection process, for example: making a septic system accessible for evaluation, septic tank evaluations, distribution box troubleshooting, cleaning an outlet baffle screen, troubleshooting pumps and pump chambers, flushing pressurized drain field lines, and health and safety concerns. Develop a written test or other competency examination that gauges how well the homeowner assimilated the information presented in the training session. Develop a process to evaluate the success of the training tools and classes; the County will apply the evaluation process to the pilot-scale DIY inspection program (pilot project). Compile curriculum elements (training materials, course syllabus, test, class evaluation forms, etc.) and evaluation methods into a draft training plan, present the draft plan to the LHJ work group and the Clallam County OSS Work Group, and revise the curriculum based on feedback. Hold one or more train the trainer sessions to teach County and other LHJ staff how to use the educational tools in teaching DIY OSS inspection classes. Provide technical support as the County implements the pilot DIY inspection program. Qualifications To be considered qualified to perform this project, the Consultant must meet the following requirements: The Consultant must be licensed to do business in the State of Washington. The Consultant must have proven expertise in designing and facilitating public outreach and education processes. The Consultant must demonstrate the ability to produce written (and other) material for classroom instruction as well as web-based materials, and to evaluate study design and study results. The Consultant must have the ability to understand the roles of interested parties, including the County, ECY, DOH, local governments, and stakeholders, and to ensure opportunities for all parties to participate in homeowner training curriculum development. The Consultant must have experience preparing plans, guidance documents, or other complex written reports and be knowledgeable about the public review process. The Consultant must be a capable project manager. The Consultant must show in its proposal an understanding of the work described herein and its ability to organize and complete the work on schedule and within budget. Selected reference checks with current or former clients should corroborate the proposal material. RFP DIY On-site Septic System Inspection Training Curriculum Pg. 5

7 There must be no affiliation with funding agencies, contractors, suppliers, manufacturers, or any interest that could be construed as a conflict of interest to the project. The consultant must be a professional firm covered by all necessary insurances including commercial general liability, business auto liability, and professional liability coverage. Section V of this RFP and Attachment D of Exhibit C contain more detailed insurance requirements. The Consultant must be eligible to receive federal funds and must be able to comply with the project management requirements and terms and conditions of the County s grant agreement with ECY (see Exhibits D and E). In addition, the Consultant needs to understand the technical subject matter and the legal and regulatory context of the project. A working knowledge of OSS design, installation, operation, maintenance, and monitoring is desirable, as is a familiarity with applicable local and state laws and regulations. Prior experience working with local health jurisdictions would be beneficial. Cost Requirements The budget for this project must not exceed $60,000. Funding for this project comes from the State Centennial Clean Water Fund and Federal Clean Water Act Section 319 Nonpoint Source Fund and is provided through a grant from ECY (grant number G ). Any contract awarded as a result of this procurement is contingent upon the availability of funding. In the event additional funding becomes available, the contract awarded may be extended for a period of up to one year, and/or provide for, additional services under the scope of work. The County will not be liable for any costs incurred by a Consultant in preparation of a proposal submitted in response to this RFP, in conduct of a presentation, or any other activities related to responding to this RFP. Period of Performance The period of performance of any contract resulting from this RFP is tentatively scheduled to begin on or about December 29, 2009 and to end on December 31, Amendments extending the period of performance, if any, shall be at the sole discretion of the County. II. RPF Administrative Information & Schedule The RFP Coordinator for Clallam County is the sole point of contact for this procurement. All communication between proposing Consultants and Clallam County shall be with the RFP Coordinator, Liz Maier, tel , fax , emaier@co.clallam.wa.us or at the following mailing address: Clallam County Environmental Health Division, 223 East 4 th Street, Suite 14, Port Angeles, WA RFP DIY On-site Septic System Inspection Training Curriculum Pg. 6

8 Proposing Consultants are to rely on written statements issued by the RFP Coordinator. Any other communication will be considered unofficial and non-binding on the County. Communication directed to parties other than the RFP Coordinator may result in disqualification of the Consultant. The RFP Coordinator reserves the right to contact a Consultant for clarification of its proposal. It is the responsibility of the proposing Consultant to notify the RFP Coordinator of its interest and to provide the RFP Coordinator with a valid contact address by Monday, October 19, 2009, to ensure that the proposing Consultant will receive any RFP addenda and other communications. Failure to supply contact information will exclude the proposing Consultant from receiving important updates and may result in the rejection of the proposal as non-responsive. Proposing Consultants may submit written requests for clarification of the RFP to the RFP Coordinator; questions must be received by 3:00 p.m. local time on October 19, Answers to questions will be consolidated into a single set of responses and ed to all proposing Consultants. In the event of a discrepancy between a Consultant s and the RFP Coordinator s interpretation of issues raised in the question and answer process, the RFP Coordinator s decision shall be considered final and conclusive. The complete schedule for contract procurement follows. In the event it becomes necessary to revise any part of this RFP, addenda will be provided to all proposing Consultants by October 23, The County also reserves the right to cancel or to reissue the RFP in whole or in part, prior to final execution of a contract. Proposing Consultants are required to submit six (6) paper copies of their proposal and one (1) electronic version of their proposal on CD ROM. Address proposals to the Board of Clallam County Commissioners, 223 East 4th Street, Suite 4, Port Angeles, Washington, or deliver by hand to 223 East 4th Street, Room 150, Port Angeles, Washington. The envelope should be sealed and clearly marked with Proposal DIY Septic System Inspection Training Curriculum. At least one paper copy must have original signatures. The CD with the electronic copy must be received with the paper copies. Proposals, whether mailed or hand-delivered, must be received by 10:00 a.m. on Tuesday, November 3, Proposals delivered to other offices and received late by the Commissioners' Office will not be considered. RFP DIY On-site Septic System Inspection Training Curriculum Pg. 7

9 Milestone Date Issue RFP October 6, 2009 Notice of Intent to Propose and Questions Due October 19, 2009 Response to Questions October 23, 2009 Issue RFP Addendum (if applicable) October 23, 2009 Proposal Due Date November 3, 2009 Evaluation of Proposals November 4 13, 2009 Selection of interview candidates November 13, 2009 Interviews/presentations November 17 19, 2009 Announce successful proposing consultant November 20, 2009 Notify unsuccessful proposing consultants November 24, 2009 Negotiate contract Nov. 20 Dec.11, 2009 Contract approval target December 29, 2009 Implementation period December 29, 2009 December 31, 2011 Note: The County reserves the right to adjust this schedule as necessary. III. Proposal Contents Proposals must be submitted on letter-sized paper, copied on both sides when practical, with each of the following four sections: 1. Letter of Submittal 2. Technical Proposal (Scored as described in next section.) 3. Management Proposal (Scored as described in next section.) 4. Cost Proposal (Scored as described in next section.) Elements marked mandatory must be included as part of the proposal for the proposal to be considered responsive; these items are not scored. Note that Consultants are encouraged to submit proposals that are consistent with local government and other efforts to conserve resources. A) LETTER OF SUBMITTAL (Mandatory) The Letter of Submittal and the attached Certifications and Assurances form (Exhibit B) must be signed and dated by a person authorized to legally bind the Consultant to a contractual relationship, e.g., the President or Executive Director if a corporation, the managing partner if a partnership, or the proprietor if a sole proprietorship. Along with introductory remarks, the Letter of Submittal is to include by attachment the following information about the Consultant and any proposed subcontractors: 1. Name, address, principal place of business, telephone number, and fax number/ address of legal entity or individual with whom contract would be written. RFP DIY On-site Septic System Inspection Training Curriculum Pg. 8

10 2. Name, address, and telephone number of each principal officer (President, Vice President, Treasurer, Chairperson of the Board of Directors, etc.). 3. Legal status of the Consultant (sole proprietorship, partnership, corporation, etc.) and the year the entity was organized to do business as the entity now substantially exists. 4. Federal Employer Tax Identification number or Social Security number and the Washington Uniform Business Identification (UBI) number issued by the State of Washington Department of Revenue. 5. Location of the facility from which the Consultant would operate. 6. Identify any Clallam County employees or former Clallam County employees employed or on the firm s governing board as of the date of the proposal. Include their position and responsibilities within the Consultant s organization. If following a review of this information, it is determined by the County that a conflict of interest exists, the Consultant may be disqualified from further consideration for the award of a contract. B) TECHNICAL PROPOSAL (Scored) The SCOPE of a technical proposal should include the following TASKS: TASK 1. Initial Planning Meet with the County to determine or review a. Project objectives b. Schedule c. Budgets d. Background information and available data e. Work group composition f. Ground rules for public involvement process TASK 2. Investigate existing and develop preferred options for Homeowner Educational Training Course Curriculum a. Review and analyze existing data, training and educational material, technical literature, and other relevant information to determine the kind and usefulness of training materials or programs that already exist. Report the findings to the County. b. Coordinating with the County, meet with existing LHJs work group to get comments and ideas about an ideal regional homeowner training program. Develop summary of ideas from the meeting. c. Develop a summary fact sheet on the feasibility of a homeowner education program including a list of tools (e.g., classroom materials, video/dvd, web-based material, other) that could be used. Provide preferred options with estimated development costs for each listed tool and/or option included in the fact sheet. d. In consultation with the County, decide on a preferred option. e. Prepare a brief report summarizing the recommendations. RFP DIY On-site Septic System Inspection Training Curriculum Pg. 9

11 f. Maintain close communications with the County s project manager throughout the planning process. TASK 3. Homeowner Educational Training Course Curriculum a. Develop a draft training plan that includes training materials (written, videos/dvds, etc.), course syllabus, test, class evaluation forms. All material will be reviewed by the County prior to release. b. Present the draft training plan at one or more LHJ work group meetings and revise the draft based on input from the work group and the County. c. Present the draft plan to the Clallam County On-site Septic System Work Group and, if appropriate, incorporate the OSS Work Group s comments into the final draft planning document. d. Include information on how to evaluate the effectiveness of the educational program. e. Finalize and submit the plan to Clallam County no later than June 30, f. Produce additional hard copies for ECY, DOH, LHJs, and other stakeholders. g. Hold at least one train the trainer session to teach County and other LHJ staff how to use the curriculum. h. Provide technical support as the County implements the pilot-scale DIY inspection program (pilot project). The CONTENT of a technical proposal must contain a comprehensive description of services including the following elements: 1. Project Approach/Methodology Include a complete description of the Consultant s proposed approach and methodology for the project. This section should convey that the Consultant fully understands the proposed project. 2. Work Plan Include all project requirements and the proposed tasks, services, activities, etc. necessary to accomplish the scope of the project defined in this RFP. This section of the technical proposal must contain sufficient detail to convey to members of the evaluation team the Consultant s knowledge of the subjects and skills necessary to successfully complete the project. Include a timeline and any required involvement of subcontractors, project partners, and/or County staff. The Consultant may also present creative approaches that might be appropriate and provide pertinent supporting documentation. 3. Deliverables Fully describe deliverables to be submitted under the proposed contract. All final electronic files generated as part of the project shall be submitted to the County. The County shall own all copyrights and have complete ownership of the material. Any web-based material developed must be compatible and consistent with the County s web service. RFP DIY On-site Septic System Inspection Training Curriculum Pg. 10

12 4. Project Schedule Include a project schedule indicating when work elements will be completed and when deliverables will be provided. C) MANAGEMENT PROPOSAL 1. Project Management (Scored) a. Project Team Structure/Internal Controls Provide a description of the proposed project team structure and internal controls to be used during the course of the project, including any subcontractors. Provide an organizational chart of your firm (or firms) indicating lines of authority for personnel involved in performance of this potential contract and relationships of this staff to other programs or functions of the firm(s). This chart must also show lines of authority to the next senior level of management. Include who within the firm(s) will have prime responsibility and final authority for the work. b. Staff Qualifications/Experience Identify staff, including subcontractors, who will be assigned to the potential contract, indicating the responsibilities and qualifications of such personnel, and include the amount of time each will be assigned to the project. Provide resumes for the named staff, which include information on the individual s particular skills related to this project, education, experience, significant accomplishments and any other pertinent information. The Consultant must commit that staff identified in its proposal will actually perform the assigned work. Any staff substitution must have the prior approval of the County. 2. Experience of the Consultant (Scored) a. Describe the experience the Consultant and any subcontractors have in the following areas: developing educational and training tools and curricula, including printed materials, presentations, videos, web-based material, or other formats; translating technical or complex information for the public; researching, evaluating, and synthesizing content; designing and implementing effectiveness or feasibility assessments; working with stakeholders in a public involvement process; and writing plans, guidance documents, and reports. b. Indicate other relevant experience that has prepared the Consultant, and any subcontractors, for the performance of the potential contract. c. Provide up to five examples that demonstrate proven success working on projects germane to this RFP. Each example must be limited to two singlesided pages or one double-sided page. d. Include a list of contracts the Consultant has had during the last five years that relate to the Consultant s ability to perform the services needed under this RFP. List contract reference numbers, contract period of performance, contact persons, telephone numbers, and addresses. RFP DIY On-site Septic System Inspection Training Curriculum Pg. 11

13 3. References (Mandatory) List names, addresses, telephone numbers, and addresses of three business references for which work has been accomplished and briefly describe the type of service provided. The Consultant must grant permission to the County to contact the references. Do not include current Clallam County staff as references. References will be contacted for the top-scoring proposals only. 4. Related Information (Mandatory) a. If the Consultant or any subcontractor contracted with the State of Washington or Clallam County during the past 24 months, indicate the name of the agency, the contract number and project description and/or other information available to identify the contract. b. If the Consultant s staff or subcontractor s staff was an employee of the State of Washington or Clallam County during the past 24 months, or is currently a Washington state or Clallam County employee, identify the individual by name, the agency previously or currently employed by, job title or position held and separation date. c. If the Consultant has had a contract terminated for default in the last five years, describe such incident. Termination for default is defined as notice to stop performance due to the Consultant s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the Consultant, or (b) litigated and such litigation determined that the Consultant was in default. d. Submit full details of the terms for default including the other party's name, address, and phone number. Present the Consultant s position on the matter. The County will evaluate the facts and may, at its sole discretion, reject the proposal on the grounds of the past experience. If no such termination for default has been experienced by the Consultant in the past five years, so indicate. 5. OMWBE Certification (Optional, not scored) Include proof of certification issued by the Washington State Office of Minority and Women-Owned Business if certified minority-owned firm and/or womenowned firm(s) will be participating on this project. D) COST PROPOSAL (Scored) The maximum fee for this contract must be $60,000 or less to be considered responsive to this RFP. The evaluation process is designed to award this procurement not necessarily to the Consultant of least cost, but rather to the Consultant whose proposal best meets the requirements of this RFP. Identify all costs including expenses to be charged for performing the services necessary to accomplish the objectives of the contract within the proposed timeframe. The Consultant is to submit a fully detailed budget by task including RFP DIY On-site Septic System Inspection Training Curriculum Pg. 12

14 burdened staff rate and any expenses necessary to accomplish each task and to produce the deliverables under the contract. Consultants are required to collect and pay Washington state sales tax, if applicable. Costs for subcontractors are to be broken out separately. Please note if any subcontractors are certified by the Office of Minority and Women s Business Enterprises. IV. Evaluation Scoring Information As stated above, the evaluation process is designed to award this procurement not necessarily to the Consultant of least cost, but rather to the Consultant whose proposal best meets the requirements of this RFP. Responsive proposals will be evaluated strictly in accordance with the requirements stated in this solicitation and any addenda issued. Proposals will be evaluated by an evaluation team including project partners at minimum, which will determine the ranking of the proposals. Team members will assign points for technical proposal, management proposal, and cost proposal sections (scored sections described above): Technical Proposal 40% 40 points Project Approach/Methodology Quality of Work Plan Project Schedule Project Deliverables 10 points (maximum) 20 points (maximum) 5 points (maximum) 5 points (maximum) Management Proposal 40% 40 points Project Team Structure/Internal Controls Staff Qualifications/Experience Experience of the Consultant Mandatory Elements 8 points (max) 7 points (max) 25 points (max) Must be met Cost Proposal 20% TOTAL FOR WRITTEN PROPOSALS 20 points 100 points The County, at its sole discretion, may elect to select the top-scoring firms as finalists for an oral presentation. Should the County elect to hold oral presentations it will contact the top-scoring firm(s) to schedule a date, time, and location. Commitments made by Consultants at the oral interview, if any, will be considered binding. RFP DIY On-site Septic System Inspection Training Curriculum Pg. 13

15 Debriefing of Unsuccessful Proposing Consultants Upon request, a debriefing conference will be scheduled with an unsuccessful proposing Consultant. The request for a debriefing conference must be received by the RFP Coordinator within three (3) business days after the Notification of Unsuccessful Consultant letter is ed to the Consultant. The debriefing must be held within three (3) business days of the request. Discussion will be limited to a critique of the requesting Consultant s proposal and/or oral interview. Comparisons between proposals or evaluations of the other proposals will not be allowed. Debriefing conferences may be conducted in person or on the telephone and will be scheduled for a maximum of one hour. Protest Procedure This procedure is available to Consultants who submitted a response to this solicitation document and who have participated in a debriefing conference. Upon completing the debriefing conference, the Consultant is allowed three (3) business days to file a protest of the acquisition with the RFP Coordinator. Protests may be submitted by facsimile, but should be followed by the original document. Consultants protesting this procurement shall follow the procedures described below. Protests that do not follow these procedures shall not be considered. This protest procedure constitutes the sole administrative remedy available to Consultants under this procurement. All protests must be in writing and signed by the protesting party or an authorized Agent. The protest must state the grounds for the protest with specific facts and complete statements of the action(s) being protested. A description of the relief or corrective action being requested should also be included. All protests shall be addressed to the RFP Coordinator. Only protests stipulating an issue of fact concerning the following subjects shall be considered: A matter of bias, discrimination or conflict of interest on the part of the evaluator. Errors in computing the score. Non-compliance with procedures described in the procurement document or County policy. Protests not based on procedural matters will not be considered. Protests will be rejected as without merit if they address issues such as: 1) an evaluator s professional judgment on the quality of a proposal, or 2) the County s assessment of its own and/or other agencies needs or requirements. Upon receipt of a protest, a protest review will be held by the County. The County Administrator or an employee delegated by the Administrator who was not involved in the procurement will consider the record and all available facts and issue a decision within five RFP DIY On-site Septic System Inspection Training Curriculum Pg. 14

16 business days of receipt of the protest. If additional time is required, the protesting party will be notified of the delay. In the event a protest may affect the interest of another Consultant which submitted a proposal, such Consultant will be given an opportunity to submit its views and any relevant information on the protest to the RFP Coordinator. The final determination of the protest shall: Find the protest lacking in merit and uphold the County s action; or Find only technical or harmless errors in the County s acquisition process and determine the County to be in substantial compliance and reject the protest; or Find merit in the protest and provide the County options which may include: o Correct the errors and re-evaluate all proposals, and/or o Reissue the solicitation document and begin a new process, or o Make other findings and determine other courses of action as appropriate. If the County determines that the protest is without merit, the County will enter into a contract with the apparently successful contractor. If the protest is determined to have merit, one of the alternatives noted in the preceding paragraph will be taken. V. Minimum Contract Requirements General Requirements All proposals and any accompanying documentation will become a part of the official procurement file on this matter without obligation to the County. The County reserves the right to make an award without further discussion of the proposal submitted. Therefore, the proposal should be submitted initially on the most favorable terms which the Consultant can propose. There will be no best and final offer procedure. Contract negotiations may incorporate some or all of the Consultant s entire proposal, and the proposing Consultant should be prepared to accept this RFP for incorporation into a contract resulting from this RFP. The County reserves the right to contact a Consultant for clarification of its proposal. The apparent successful contractor will be expected to enter into a contract with the County which is substantially the same as the contract template and its terms and conditions attached as Exhibit C. In no event is a Consultant to submit its own standard contract terms and conditions in response to this solicitation. The Consultant may submit exceptions as allowed in the Certifications and Assurances section, Exhibit B to this solicitation. The County will review requested exceptions and accept or reject the same at its sole discretion. The selected Consultant will be responsible for all services required in the scope including any subconsultant services. The County shall have the right to approve any subconsultants to the Consultant. RFP DIY On-site Septic System Inspection Training Curriculum Pg. 15

17 The Chair of the Board of Clallam County Commissioners or his/her delegate is the only individual who may legally commit the County to the expenditures of funds for a contract resulting from this RFP. No cost chargeable to the proposed contract may be incurred before receipt of a fully executed contract. Insurance Requirements The Contractor (and any subcontractor) is to furnish the County with a certificate(s) of insurance executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements set forth below. The Contractor shall, at its own expense, obtain and keep in force insurance coverage which shall be maintained in full force and effect during the term of the contract. The Contractor shall furnish evidence in the form of a Certificate of Insurance that insurance shall be provided, and a copy shall be forwarded to the County Project Manager within twenty (20) days of the contract effective date. Liability Insurance 1) Commercial General Liability Insurance: Contractor shall maintain general liability (CGL) insurance and, if necessary, commercial umbrella insurance, with a limit of not less than $1,000,000 per each occurrence. If CGL insurance contains aggregate limits, the General Aggregate limit shall be at least twice the each occurrence limit. CGL insurance shall have products-completed operations aggregate limit of at least two times the each occurrence limit. CGL insurance shall be written on ISO occurrence from CG (or a substitute form providing equivalent coverage). All insurance shall cover liability assumed under an insured contract (including the tort liability of another assumed in a business contract), and contain separation of insureds (cross liability) condition. Additionally, any subcontracts shall provide that the subcontractor is bound by the terms of the agreement between the County and the Contractor. 2) Business Auto Policy: As applicable, the Contractor shall maintain business auto liability and, if necessary, commercial umbrella liability insurance with a limit not less than $1,000,000 per accident. Such insurance shall cover liability arising out of Any Auto. Business auto coverage shall be written on ISO form CA 00 01, 1990 or later edition, or substitute liability form providing equivalent coverage. Additional Provisions Above insurance policy shall include the following provisions: 1. Additional Insured. Clallam County, its elected and appointed officials, agents and employees shall be named as an additional insured on all general liability, excess, umbrella and property insurance policies. All insurance provided in compliance with this contract shall be primary as to any other insurance or self-insurance programs afforded to or maintained by the County. RFP DIY On-site Septic System Inspection Training Curriculum Pg. 16

18 2. Cancellation. Clallam County shall be provided written notice before cancellation or non-renewal of any insurance referred to therein, in accord with the following specifications. Insurers subject to RCW (Admitted and Regulation by the Insurance Commissioner): The insurer shall give the County 45 days advance notice of cancellation or non-renewal. If cancellation is due to non-payment of premium, the County shall be given 10 days advance notice of cancellation. Insurers subject to RCW (Surplus lines): The County shall be given 20 days advance notice of cancellation. If cancellation is due to non-payment of premium, the County shall be given 10 days advance notice of cancellation. 3. Identification. Policy must reference the County s name and contract number. 4. Insurance Carrier Rating. All insurance and bonds should be issued by companies admitted to do business within the State of Washington and have a rating of A-, Class VII or better in the most recently published edition of Best s Reports. Any exception shall be reviewed and approved by the Clallam County Risk Manager, before the contract is accepted or work may begin. If an insurer is not admitted, all insurance policies and procedures for issuing the insurance policies must comply with chapter RCW and chapter WAC. 5. Excess Coverage. By requiring insurance herein, the County does not represent that coverage and limits will be adequate to protect Contractor and such coverage and limits shall not limit Contractor s liability under the indemnities and reimbursements granted to the County in this contract. Worker s Compensation Coverage The Contractor will at all times comply with all applicable workers compensation, occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent applicable. The County will not be held responsive in any way for claims filed by the Contractor or their employees for services performed under the terms of this contract. Grant Requirements This project is supported by state and federal funds through a grant from ECY. The selected Consultant shall comply with the project management requirements and terms and conditions of the funding agreement between the County and ECY (see Exhibits D and E). RFP DIY On-site Septic System Inspection Training Curriculum Pg. 17

19 Exhibit A Final Work Group Recommendations April 23, 2007 OSS Inspections The Work Group believed the frequency of the state s OSS inspection requirements is adequate. (Conventional gravity systems must be inspected at least once every three years, and all other systems must be inspected at least once every year). The Work Group did not recommend more frequent inspection requirements. For conventional gravity systems (which are required by state law to be inspected every 3 years), OSS owners who have received County-approved training may inspect their own systems. For pump systems (which are required by state law to be inspected annually) OSS owners who have received Countyapproved training may inspect their own systems, unless the manufacturer requires more frequent inspections and/or requires a certified inspector. The County should coordinate with the Washington On-Site Sewage Association (WOSSA) to develop the training for OSS owners. The County should pursue grants to offsets some of the owners costs for the trainings. Separate training should be offered for owners of conventional gravity systems and pump systems. All trainings should include: Hands-on training (as opposed to classroom or video instruction only); A certification process to denote who has successfully completed the course and when the certification must be updated through a refresher course. For any properties that do not have an as-built diagram for their property, a professional inspection will be required before the owner can begin conducting their own inspections. For community and commercial OSS, annual professional inspections should be required. If owners of community or commercial systems can demonstrate that their waste production is comparable to typical single-family residential volumes and strength, and if the owners have received County-approved training, they may inspect their own systems. Any fee or assessment for these systems would need to be based on volume and/or strength of waste so that it is comparable to the assessments or fees paid by homeowners. Marine Recovery Areas One MRA should be designated, with the same boundaries as the existing Clean Water District. OSS owners within the Marine Recovery Area should be required to get a professional inspection as the first inspection required under the new OSS plan. After this initial professional inspection, OSS owners who have received Countyapproved training may inspect their own systems. Clallam County should review its siting and design requirements for OSS in the MRA and revise them if necessary to address the specific environmental concerns in the MRA. The MRA should be a high priority for water quality monitoring to assist the County in early identification of failing OSS. Sensitive Areas The following areas should be listed as sensitive areas in the OSS Management Plan: Lake Sutherland (and its drainages) Lake Pleasant Lake Crescent Lake Ozette The Carlsborg area Frequently Flooded Areas Commercial and Recreational Shellfish Growing Areas Clallam County should review its siting and design requirements for OSS in sensitive areas and revise them if necessary to address the specific environmental concerns in each sensitive area. Sensitive areas should be high priorities for water quality monitoring to assist the County in early identification of failing OSS. 1

20 The plan should be flexible enough to allow the County to identify new sensitive areas if data show that OSS are posing increased public health risks. The County should track all water quality monitoring data collected in the County, including Streamkeepers and Surfriders water quality monitoring data. Compliance The County s compliance program should include five basic elements: 1) A strong education program that informs OSS owners of the new requirements and the benefits of maintaining and inspecting their OSS. 2) Incentives to encourage OSS owners to inspect their systems and supply the required reports to the County. The County should consider fee-based incentives (e.g. lower fees or assessments for those who submit required reports and higher fees or assessments for those who do not). Financial assistance should also be provided to low-income OSS owners. 3) Simple reporting requirements. Required forms should be easy to complete and return to the County. 4) Risk-based prioritization for compliance actions. The County should prioritize its efforts based on risk to public health and the environment. Thus, the County s highest priorities should be systems that are on shorelines, OSS near wells that could contaminate drinking water, etc. 5) Penalties as a last resort to achieve compliance. Penalties should only be issued after warnings have been given and after education, incentives and other compliance actions have failed. The County should require proof of compliance when County permits are issued, including: Building Permits; Land Division (e.g. short plats, long plats, conditional use permits, site plans); Variances to Critical Areas Ordinance or Certificate of Compliance to Critical Areas Ordinance; Shoreline Permits; Food Establishment Permits (new or renewal); Certificate of Occupancy for commercial building permits; The County should require a seller to submit proof of a successful professional OSS inspection prior to the transfer or sale of property. Financing The County should be funded to do the following tasks, in accordance with the new state law: Developing and maintaining a database of records for all known OSS in the County; Ensuring compliance with state inspection and repair requirements; Providing ongoing education for OSS owners regarding proper OSS operation and maintenance; Identifying areas where OSS could pose an increased public health risk, and developing risk-based operations and maintenance (O&M) requirements; Designating a Marine Recovery Area (MRA) in land areas where OSS contribute to marine water quality problems, and developing a strategy for OSS management in the MRA; Identifying existing failing systems in a MRA, and ensuring that the owner completes the necessary repairs; and Identifying all unknown OSS within a MRA by Funding should also be provided for: Financial assistance to low-income OSS owners to offset increased inspection costs; Low-interest loans for OSS owners to pay for OSS repair and replacement; Financial incentives to increase compliance with new inspection requirements. However, funding devoted to incentives needs to balance the need to keep the fee or assessment as low as possible. A fee or assessment should be collected via the property tax billing and collection process. All fees collected should be designated exclusively for implementation of the OSS plan; no funds should be diverted to the County s general fund. The fee should be assessed to all OSS in the County, but not to those on sewer systems. The fee should be in the range of $10-20 per year ($1.00 to $1.50 per month). 2

21 Exhibit B CERTIFICATIONS AND ASSURANCES (to be signed by all partners, if proposal is jointly prepared) I/we make the following certifications and assurances as a required element of the proposal to which it is attached, understanding that the truthfulness of the facts affirmed here and the continuing compliance with these requirements are conditions precedent to the award or continuation of the related contract(s): 1. I/we declare that all answers and statements made in the proposal are true and correct. 2. The prices and/or cost data have been determined independently, without consultation, communication, or agreement with others for the purpose of restricting competition. However, I/we may freely join with other persons or organizations for the purpose of presenting a single proposal. 3. The attached proposal is a firm offer for a period of 60 days following receipt, and it may be accepted by the County without further negotiation (except where obviously required by lack of certainty in key terms) at any time within the 60-day period. 4. In preparing this proposal, I/we have not been assisted by any current or former employee of Clallam County whose duties relate (or did relate) to this proposal or prospective contract, and who was assisting in other than his or her official, public capacity. (Any exceptions to these assurances are described in full detail on a separate page and attached to this document.) 5. I/we understand that the County will not reimburse me/us for any costs incurred in the preparation of this proposal. All proposals become the property of the County, and I/we claim no proprietary right to the ideas, writings, items, or samples, unless so stated in this proposal 6. Unless otherwise required by law, the prices and/or cost data which have been submitted have not been knowingly disclosed by me/us and will not knowingly be disclosed by me/us prior to opening, directly or indirectly to any other proposing Consultant or to any competitor. 7. I/we agree that submission of the attached proposal constitutes acceptance of the solicitation contents and the attached sample contract and general terms and conditions. If there are any exceptions to these terms, I/we have described those exceptions in detail on a page attached to this document. 8. No attempt has been made or will be made by me/us to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition. Signature of proposing Consultant Date Title Name of Firm

22 Exhibit C PERSONAL SERVICES AGREEMENT Contract Number: THIS AGREEMENT is entered into between CLALLAM COUNTY, a political subdivision of the State of Washington, (hereinafter called "County" or "Clallam County") and Name: Address: Phone N o : (hereinafter called "Contractor"). This Agreement is comprised of: Attachment A Scope of Work Attachment B Compensation Attachment C General Conditions Attachment D Special Terms and Conditions Attachment E (specify) copies of which are attached hereto and incorporated herein by this reference as if fully set forth. The term of this Agreement shall commence on the day of 2009 and shall, unless terminated as provided elsewhere in the Agreement, terminate on the day of 20 IN WITNESS WHEREOF, the parties have executed this Agreement on this day of 2009 CONTRACTOR: BOARD OF CLALLAM COUNTY COMMISSIONERS Print name: Title: Howard V. Doherty, Jr., Chair Date: 2009 ATTEST: Trish Holden, CMC, Clerk of the Board Originals: BOCC Vendor Initiating Department Copies: 5 THIS CONTRACT HAS BEEN APPROVED AS TO FORM BY THE CLALLAM COUNTY PROSECUTING ATTORNEY