Bid Notice.pdf

REQUEST FOR PROPOSALS

Engineering Design Services for Agnew Road At-Grade Crossing

RFP No. DPW-86

Federal Project No. STPLR-7500(265)

RFP release date: September 29, 2026

Procurement Contact Information:

Chase Levasseur Associate Engineer Tel: (408) 615-3014 Email: CLevasseur@SantaClaraCA.gov

Department of Public Works, Design Division 1500 Warburton Avenue Santa Clara, CA 95050

Deadline for questions and objections: October 16, 2026 at 3:00 PM PT

Proposal due date/time/location:

October 23, 2026 at 3:00 PM PT To be submitted through BidNet only.

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TABLE OF CONTENTS

1 INTRODUCTION

2 OBJECTIVE OF THE RFP

3 SCOPE OF SERVICES

4 TERM OF THE AGREEMENT

5 PROJECT SCHEDULE

6 FEDERAL-AID PROVISIONS

7 COMPLETE RFP

8 PROCUREMENT TIMELINE

9 PROCUREMENT CONTACT

10 MANDATORY PRE-PROPOSAL CONFERENCE

11 HOW TO OBTAIN THIS RFP

12 PROCEDURE FOR SUBMITTING QUESTIONS AND INQUIRIES

13 OBJECTIONS

14 DELIVERY OF PROPOSALS

15 PROPOSAL CONTENT

16 LATE PROPOSALS

17 PRE-AWARD SUBMITTALS

18 SELECTION PROCESS AND EVALUATION CRITERIA

19 BASIS OF AWARD

20 PROTESTS

21 COLLUSION

22 GROUNDS FOR DISQUALIFICATION

23 NON-CONFORMING PROPOSAL

24 GRATUITIES

25 GENERAL INFORMATION

26 RIGHTS OF THE CITY OF SANTA CLARA

27 PUBLIC NATURE OF PROPOSAL MATERIAL

28 PREVAILING WAGE REQUIREMENTS

29 INSURANCE REQUIREMENTS

30 E-BUILDER PROJECT MANAGEMENT REQUIREMENTS

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1 INTRODUCTION

The Public Works Department of the City of Santa Clara is seeking proposals from qualified firms (Consultant) to provide engineering design services for the Agnew Road At-Grade Crossing Project (Project). The engineering design services generally include reviewing project initiation documents package, performing independent site assessment and studies, preparing memorandum of recommendations, preliminary design, preparing construction bid documents (plans, specifications, and estimate (PS&E)) for public works construction bidding, supporting during bid and award phase, supporting during construction phase, and supporting during post-construction phase. The services also involve obtaining Project approvals according to California Department of Transportation (Caltrans) federal-aid processes and requiring Consultant to follow all pertinent Local, State, and Federal laws and regulations.

Please note that on October 7, 2025, the California Department of Transportation (Caltrans) issued an Advisory on the Interim Final Rule on the Disadvantaged Business Enterprise that suspended Disadvantaged Business Enterprise (DBE) requirements on contracts effective October 3, 2025. This Project therefore does not include DBE goal setting, and the City will not enforce DBE requirements contained in the Caltrans Local Assistance Procedures Manual.

The City’s anticipated cost for the Project is approximately $4.4 million, inclusive of all design fees, right-of-way fees, construction fees, and contingencies.

The proposals submitted in response to this RFP will be used as a basis for selecting the Consultant for this project. The Consultant’s proposal will be evaluated and ranked according to the criteria provided in Section 18, Selection Process and Evaluation Criteria.

The City reserves the right to award additional or subsequent agreement(s) to any, none, or all the Proposers based upon the information provided by Proposers in response to this solicitation.

2 OBJECTIVE OF THE RFP

The objective of this solicitation is to select and enter into design professional services agreement(s) with a qualified firm to provide design professional services for the Project.

3 SCOPE OF SERVICES

See Attachment A – Scope of Services for the anticipated Scope of Services necessary to meet the City’s objectives. Attention is directed to Section 15.7, Scope of Services of this RFP regarding modifications to this Scope of Services that may be proposed by the Consultant as part of its response to this RFP.

4 TERM OF THE AGREEMENT

The term of the Agreement is expected to be for at least three (3) years to address the design, construction, and post-construction services necessary for the Project. The specific term (i.e. begin and end dates) for the agreement will be negotiated with the selected

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Proposer as needed to address the time necessary to complete the Scope of Services and to be consistent with the Proposer’s and project schedules.

5 PROJECT SCHEDULE

The City has received federal funding for the preliminary engineering, construction, and construction engineering phases of the Project. The City anticipates the following schedule and key project milestones:

• Design Consultant Notice-to-Proceed (NTP) By: March 19, 2027

• Final Bid Documents and Caltrans Authorization: Complete by December 2028

• Construction Bidding & Award: Complete by February 2029

The above milestones are for informational purposes only to inform the proposer of the City’s anticipated project schedule. The proposer shall submit their own proposed project schedule as described elsewhere in this RFP which will be considered as part of the evaluation criteria. Proposers are encouraged to provide a proposed project schedule that meets or advances City’s anticipated schedule.

Please note that the funding agreement between the City and Caltrans has mandatory completion dates for the following project milestones:

• Project Development Team Established: Complete by January 1, 2027

• 30% Plans: Complete by July 1, 2027

• Diagnostic Field Meeting: Complete by July 1, 2027

6 FEDERAL-AID PROVISIONS

The proposing Consultant’s services are federally funded, which necessitate compliance with additional requirements. The Proposer and proposal shall comply with requirements for Consultant agreements described in the Caltrans Local Assistance Procedures Manual.

The proposing Consultant shall complete and submit the following forms with the proposal to be considered responsive. These forms and instructions are listed below and provided in Attachment H – Federal-Aid Forms.

• EXHIBIT 10-I: NOTICE TO PROPOSERS DBE INFORMATION (Not Used) o The current contract DBE Goal for this project is 5%.

• EXHIBIT 10-O1 CONSULTANT PROPOSAL DBE COMMITMENT (Not Used)

• EXHIBIT 10-O2 CONSULTANT CONTRACT DBE COMMITMENT (Not Used)

• EXHIBIT 10-Q DISCLOSURE OF LOBBYING ACTIVITIES

• IOAI’s CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT

SYSTEM

• EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS (Not Used)

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Consultant shall demonstrate familiarity of providing services for Section 130 federally funded projects and demonstrate clear understanding of requirements/needs to facilitate the project through Caltrans Local Assistance and Local Assistance Procedures Manual.

7 COMPLETE RFP

The following table lists and briefly describes the additional attachments that comprise the entire document.

Attachment Title

A Scope of Services

B Cost Proposal

C Customer Reference Worksheet

D Proposer Certification Form

E Exemplar Agreement (including insurance requirements and Labor Compliance Addendum)

F Procurement and Contract Process Integrity and Conflict of Interest Guidelines

G Location Map

H Federal-Aid Forms

I Project Considerations

Upon Request* CPUC Project Initiation Document

*Requests shall be made in the same manner and time as specified in Section 12, Procedure for Submitting Questions and Inquiries of this RFP.

8 PROCUREMENT TIMELINE

The City reserves the right to add, remove or combine steps in the preceding timeline, and/or compress or extend the timeline as the City, in its sole discretion, sees fit.

Event Date

RFP released on BidNet Direct September 29, 2026

Deadline for Questions and Objections: October 16, 2026

Proposals Due October 23, 2026 at 3:00 PM PT

Evaluation of proposals and ranking of consultants*

Complete by November 6, 2026

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Interviews (if deemed necessary)* Week of November 9, 2026

Selection of Highest Ranked Proposer* Week of November 9, 2026

Agreement Negotiation and Finalization* Complete by December 11, 2026

City issues Award Recommendation* Complete by January 8, 2027

City Council Award of Agreement* Complete by February 23, 2027

City issues Notice-to-Proceed letter to Consultant*

Complete by March 19, 2027

* Items denoted with an asterisk (*) are tentative and subject to change.

9 PROCUREMENT CONTACT

Contact Chase Levasseur

Address Public Works Department, Design Division 1500 Warburton Avenue Santa Clara, CA 95050

Phone Number (408) 615-3014

Email CLevasseur@SantaClaraCA.gov

10 MANDATORY PRE-PROPOSAL CONFERENCE

There is no pre-proposal conference for this requirement

There is a non-mandatory pre-proposal conference for this requirement.

There is a mandatory pre-proposal conference for this requirement

11 HOW TO OBTAIN THIS RFP

11.1 The City of Santa Clara has partnered with BidNet Direct to advertise, post, distribute, facilitate and receive electronic responses to the City's solicitations.

Current and past bid opportunities can be viewed using the links provided below.

To access bid information, or to receive bid notifications, please visit https://www.bidnetdirect.com/california/cityofsantaclara and register for free. If you need help registering, please call BidNet Direct’s Support Department at 800-835- 4603, Option 2, or via email at support@bidnet.com

11.2 All addenda and notices related to this procurement will be posted by the City on BidNet. In the event that this RFP is obtained through any means other than BidNet, the City will not be responsible for the completeness, accuracy, or timeliness of the final RFP document.

12 PROCEDURE FOR SUBMITTING QUESTIONS AND INQUIRIES

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Questions pertaining to this RFP should be submitted via BidNet. Please submit all questions by the deadline indicated in Section 8, Procurement Timeline. The City will provide a written response to all pertinent questions through BidNet. Questions answered through BidNet shall be considered as addenda to the RFP.

For Attachments in Section 7 – Complete RFP described as available upon request, requests shall be emailed to Chase Levasseur CLevasseur@SantaClaraCA.gov by the deadline for questions indicated in Section 8 – Procurement Timeline.

13 OBJECTIONS

Any objections as to the structure, content or distribution of this RFP must be submitted in writing to the procurement contact prior to the submission deadline for Questions and Answers. Objections must be as specific as possible, and identify the RFP section number and title, as well as a description and rationale for the objection.

14 DELIVERY OF PROPOSALS

14.1 Proposers must respond to this RFP by the due date and time listed in Section 8, Procurement Timeline.

14.2 Proposals must be submitted through BidNet only.

14.3 The proposal must be in Times New Roman, Arial or similar, easily readable font.

The size of the font cannot be any smaller than 11 and margins should be 1 inch or wider. Proposers are encouraged to include only the information which is essential to an understanding and evaluation of the proposal, and should avoid generalized brochures, marketing materials, etc.

Proposers should use an 8.5x11 paper size but may include a limited number of 11x17 sized pages. An 11x17 paper size is considered as one page. A page is considered as each face page (i.e. one piece of paper printed front and back counts as 2 pages). The following are maximum page limits for each section.

• Table of Contents: 1

• Cover Letter: 2

• Company Profile (Including Sub-consultants): 4

• Statement of Qualifications: 5

• Project Team Qualifications and Experience (Excluding Resumes): 5

• Project Approach (Excluding Scope of Services): 10

• Scope of Services: As needed, no page limit

• Schedule: As needed, no page limit

Required Attachments, as described in Section 15.10, Attachments, are not considered as included in the above page limits.

15 PROPOSAL CONTENT

In order to expedite the evaluation process, each Proposal shall be organized in accordance with this section. Proposals that do not follow the specified format outlined

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15.1 Table of Contents. Include a table of contents that identifies the page numbers for each of the various sections in the Proposal. All pages must be consecutively numbered and correspond to the table of contents.

15.2 Cover Letter. Include a transmittal letter identifying the Proposer’s firm and the proposal package being submitted. The letter shall provide the name, title, address, telephone number, and fax number of the individual authorized to contractually bind the firm and be signed by the authorized individual. Also include the name and e-mail address of the contact person for this RFP.

15.3 Company Profile. Provide a brief company profile that identifies the company information, including years in business, names previously used, and other company affiliations; description of any anticipated changes of ownership or control of the company; mailing address of the Proposer’s principal place of business;

mailing address, phone number, and fax number of the office or offices in which the project team will be located; number of permanent employees of the firm and of the office(s) from which the work will be performed; and other general information that is deemed significant enough to be highlighted.

Address any pending or current litigation related to services provided by your firm, and any terminated contracts with Public Agency clients within the past five years with an explanation of the reasons for termination.

15.4 Statement of Qualifications. Provide a detailed narrative demonstrating your expertise, capacity, and experience to perform the services described in this RFP, including qualifications for providing services for Section 130 federally funded projects.

15.5 Project Team Qualifications and Experience. Provide the names, background information, and relevant experience of key staff that will be assigned to this project. Provide the proposed project management structure, identify the roles of each key staff proposed to be assigned to this project, and indicate the availability of the key staff that covers availability for the Project. Include one-page résumé for the key personnel.

If the Proposer plans to utilize sub-consultants, the Proposer shall provide the required information described in Section 15.3, 15.4, and this Section 15.5 for each sub-consultant. The proposal shall clearly identify which services will be completed by the Proposer, and which services will be completed by sub-consultants to the Proposer.

15.6 Project Approach. Provide a description of the plan and approach you will take to accomplish the Project objectives and the Scope of Services.

15.7 Scope of Services. The Scope of Services provided in Attachment A – Scope of Services is prepared by City anticipated as necessary to meet the Project

Engineering Design Services for Agnew Road At-Grade Crossing Page 8 of 15 objectives. The Proposer shall review Attachment A – Scope of Services and the Proposer may include their own proposed Scope of Services that adds, deletes, or modifies services that the proposer deems necessary to meet the Project objectives.

The Proposer’s modified Scope of Services, if included, may be included in this Project Approach section of their proposal or as an attachment. Please note that the City prefers to use the Scope of Services included in this RFP as a baseline for the Proposer to modify based on their specific approach with modifications so marked via ‘redlines’, rather than proposing a completely new Scope of Services.

Upon selection of the highest ranked proposer, this Scope of Services will be subject to negotiation and will ultimately become an attachment to the design professional services agreement(s) entered into for this project.

15.8 Schedule. Provide a projected timeline for completing the Project including a start date, key milestone dates, and completion date. The Proposer is encouraged to reference significant tasks identified in the Scope of Services (i.e. 65% submittal, 100% submittal, etc.). The proposer shall assume a contract start of April 27, 2026 for scheduling purposes.

15.9 Cost. Submit your cost proposal as a separate file according to the instructions in Attachment B – Cost Proposal.

15.10 Attachments. The following attachments must be completed and submitted with your proposal:

15.10.1. Attachment A – Scope of Services

In conformance with Section 15.7, Scope of Services, the proposer shall review the Scope of Services provided in Attachment A – Scope of Services and the proposer may include their own proposed Scope of Services that adds, deletes, or modifies services that the proposer deems necessary to meet the project objectives. If the proposer includes a Scope of Services, it may be included either within the Project Approach section of the proposal, or as an attachment.

15.10.2. Attachment B – Cost Proposal (see Section 15.9 above)

15.10.3. Attachment C – Customer Reference Worksheet

Please provide three (3) client references. Complete this form providing a description of the work performed for the reference customer as it relates to the work described in this RFP. Copy the form as appropriate to provide the required number of references.

15.10.4. Attachment D – Proposer Certification Form

15.10.5. Attachment E – Exemplar Agreement

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Proposer shall note and submit any exceptions to the terms and conditions of the Exemplar Agreement. If there are no exceptions, please return the first page of the Exemplar Agreement marked “No Exceptions”.

Please note that any proposed exceptions will be reviewed by the City’s Attorney’s Office after selection of the highest ranked proposer during contract negotiations for approval or denial. Exceptions are strongly discouraged and may result in an unsuccessful negotiation if not accepted by the City Attorney’s Office. Excessive exceptions proposed may also result in lower proposal scores, or disqualification of proposal, in the sole discretion of the City.

15.10.6. Attachment H – Federal-Aid Forms

Proposer shall complete and submit all forms with the proposal to be considered responsive. These forms and instructions are provided in Attachment H – Federal Aid Forms.

16 LATE PROPOSALS

Late proposals shall be rejected and returned to the Proposer. This deadline is absolute, and proposals received after the due date and time shall not be considered. The date and time received will be determined by the BidNet system. Proposers are encouraged to email the procurement contact to ensure receipt of proposal through BidNet.

17 PRE-AWARD SUBMITTALS

Awardee is required to submit the following information and documents by the specified time below. Failure to provide the documents within the time frame may result in withdrawal of the award recommendation, and the award recommendation will be made to the next highest ranked proposer.

Certificate of Insurance (insurance requirements outlined under Exhibit C to the Exemplar Agreement) within 10 days after the notice of intended award, or within 10 days of request by City, whichever is sooner.

18 SELECTION PROCESS AND EVALUATION CRITERIA

18.1 PROPOSAL RESPONSIVENESS

18.1.1. Proposals will be reviewed to determine if all required documentation was included with the proposal submittal.

18.1.2. Proposals that fail to contain the required documents will be disqualified from further consideration.

18.2 PROPOSAL REVIEW AND EVALUATION

18.2.1. Proposals will be evaluated against the general criteria, and weighted scores will be applied as described below in Section 18.3, Evaluation Criteria.

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18.2.2. The City may seek written clarification from any or all proposers to better understand and evaluate the proposal. This process may not be used as an opportunity to submit missing documentation or to make substantive revisions to the original proposal.

18.2.3. The City reserves the right to rely on information from sources other than the information provided by the respondents.

18.3 EVALUATION CRITERIA

Criteria Weight

Proposal Responsiveness Pass/Fail

Qualifications of Firm 15%

Qualifications of Key Staff and Availability 20%

Project Approach 30%

Completeness and Depth of Scope of Services 15%

Project Schedule and Design Completion Date 20%

Total 100%

18.4 PRESENTATIONS / ORAL INTERVIEWS

Finalists (proposals determined to have scored in the competitive range) may be invited to present oral presentations for the purpose of introducing key members of the project team and allowing the City to fully understand the Proposer’s ability to meet the evaluation criteria. Oral presentations will not be scored separately.

Instead, the City may modify proposal scores and resulting rankings based on the oral presentation.

18.5 BEST AND FINAL OFFER (BAFO)

18.5.1. A Best and Final Offer (BAFO) may be held with finalists that have scored in the competitive range if additional information or clarification is necessary to make a final decision. The BAFO may allow proposers to revise their original technical and/or cost proposals based on information received from the City. The City will send out the request for a BAFO with instructions addressing the areas to be covered and the date and time in which the BAFO is to be submitted. After receipt of the BAFO, scores may be adjusted based on the new information received in the BAFO.

18.5.2. The City will request only one BAFO, unless the Procurement Contact determines in writing in the procurement file that another BAFO is warranted.

18.5.3. Proposers are cautioned that the BAFO is optional and at the sole discretion of the City. Therefore, Proposers should not assume that there would be an additional opportunity to amend their technical or cost

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Proposers may not request an opportunity to submit a BAFO.

18.6 COST PROPOSAL REVIEW AND EVALUATION

The Proposer’s cost proposal will not be considered in the selection process, and the selection of the highest ranked proposer will be based upon the evaluation criteria set forth in Section 18.3, Evaluation Criteria. Upon selection of the highest ranked proposer, the highest ranked proposer’s cost proposal will be opened to begin negotiations. The goal of the negotiations will be to agree on a final agreement that achieves the City’s objective and has a fair and reasonable cost to the City. If agreement cannot be reached, negotiations will be terminated, and the City will proceed to negotiate with the next ranked Consultant, and so on.

19 BASIS OF AWARD

19.1 Award recommendation will be based on the overall highest ranked proposer in accordance with Section 18.3, Evaluation Criteria above.

19.2 Should the City, in its sole discretion, determine that a secondary award is required, award will be to the second highest ranked proposer.

19.3 Should the selected proposer fail to provide post award documents as required, the City, in its sole discretion, may withdraw the award recommendation, and select the next highest ranked proposer for award.

19.4 The City reserves the right to accept an offer in full, or in-part, or to reject all offers.

20 PROTESTS

20.1 If an unsuccessful Proposer wants to dispute the award recommendation, the Protest must be submitted in writing to the contact listed below no later than ten

(10) calendar days after announcement of the successful Proposer, detailing the grounds, factual basis and providing all supporting information. Protests will not be considered for disputes of proposal requirements and specifications, which must be addressed in accordance with Section 133, Objections. Failure to submit a timely written Protest to the contact listed below will bar consideration of the Protest.

20.2 The address for submitting protests is:

1500 Warburton Avenue Public Works Department – Design Division Santa Clara, CA 95050 Attention: Principal Engineer Engineering@SantaClaraCA.gov

21 COLLUSION

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By submitting a proposal, each Proposer represents and warrants that its proposal is genuine and made in the interest of or on behalf of any person named therein; that the Proposer has not directly induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal.

22 GROUNDS FOR DISQUALIFICATION

All Proposers are expected to have read and understand Attachment F – Procurement and Contract Process Integrity and Conflict of Interest. Factors, such as, but not limited to, any of the following, may disqualify a proposal without further consideration:

22.1 Evidence of collusion: Proposer represents and warrants that its proposal is genuine and made in the interest of or on behalf of any person not named therein;

that the Proposer has not directly induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal.

22.2 Any attempt to improperly influence any member of the evaluation team.

22.3 Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the City.

22.4 Evidence of incorrect information submitted as part of the proposal.

22.5 Evidence of Proposer’s inability to successfully complete the responsibilities and obligations of the proposal.

22.6 Contact regarding this procurement with any City official or employee or evaluation team member other than the Procurement Contact from the time of issuance of this solicitation until a recommendation of award is made.

22.7 Proposer’s default under any previous agreement with the City.

23 NON-CONFORMING PROPOSAL

A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a proposal may be sufficient grounds for non-acceptance of the proposal, at the sole discretion of the City.

24 GRATUITIES

No person shall offer, give or agree to give any City employee any gratuity, discount or offer of employment in connection with the award of contract by the City. No City employee shall solicit, demand, accept or agree to accept from any other person a gratuity, discount or offer of employment in connection with a City contract.

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25 GENERAL INFORMATION

25.1 The successful Proposer will be required to enter into an agreement with terms and conditions in substantial conformity with Attachment E – Exemplar Agreement of this RFP.

25.2 All costs associated with responding to this request are to be borne by the Proposer.

25.3 It is the City’s policy that the selected firm shall not discriminate, in any way, against any person on the basis of race, sex, color, religion, religious creed, national origin, ancestry, age, gender, marital status, physical disability, mental disability, medical condition, genetic information, sexual orientation, gender expression, gender identity, military and veteran status, or ethnic background, in violation of federal, state or local law, in connection with or related to the performance of City of Santa Clara contracts.

26 RIGHTS OF THE CITY OF SANTA CLARA

26.1 This RFP does not commit the City to enter into a contract, nor does it obligate the City to pay for any costs incurred in the preparation and submission of proposals or in anticipation of a contract. The City reserves the right to:

26.1.1. Accept an offer in full, or in part, or to reject all offers.

26.1.2. Make the selection based on its sole discretion.

26.1.3. Reject any and all proposals.

26.1.4. Issue subsequent Requests for Proposals.

26.1.5. Postpone opening proposals for any reason.

26.1.6. Remedy errors in the Request for Proposals process.

26.1.7. Approve or disapprove the use of particular sub-consultants.

26.1.8. Negotiate with any, all or none of the Proposers.

26.1.9. Accept other than the lowest offer.

26.1.10. Waive informalities and irregularities in the Proposals.

26.1.11. Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or fails to execute an agreement with the City.

26.1.12. An agreement shall not be binding or valid with the City unless and until it is approved by the City Council, if so required, and executed by authorized representatives of the City and of the Proposer.

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26.1.13. Accept, reject, or require modifications to sub-consultants listed or proposed for use for the project.

26.1.14. Award additional or subsequent agreement(s) to any, none, or all of the Proposers based upon the information provided by Proposers in response to this solicitation for additional services, agreements, or projects, as related to the City’s bridges at the City’s discretion within the next five (5) year period following the release date of this solicitation.

27 PUBLIC NATURE OF PROPOSAL MATERIAL

27.1 Responses to this RFP become the exclusive property of the City of Santa Clara.

At such time as the City awards a contract, all proposals received in response to this RFP become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The City shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary,” or if disclosure, in the City’s sole discretion, is required under the California Public Records Act as addressed below. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as non-responsive.

27.2 Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City of Santa Clara may determine, in its sole discretion, that the information that a Proposer submits is not a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” or “Proprietary,” the City shall provide the Proposer who submitted the information reasonable notice to allow the Proposer to seek protection from disclosure by a court of competent jurisdiction, at the Proposer's sole expense. If Proposer takes no such action after receiving the foregoing notice from the City, the City shall comply with the records request and is not required to defend against it.

28 PREVAILING WAGE REQUIREMENTS

28.1 The City has determined that the services described in this solicitation constitute a “Public Work”, and are subject to the payment of not less than prevailing wages under California Labor Code Section 1770 et seq. The Director of the Department of Industrial Relations has ascertained the general prevailing rate of per diem wages and the rates for overtime and holiday work in the locality in which the services are to be performed for each craft, classification or type of worker needed to perform the services under the contract. Copies are on file with and available upon request from the Office of the Clerk of the Board of Supervisors or at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm.

28.2 This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Further information on Compliance Monitoring Unit requirements can be found at http://www.dir.ca.gov/oprl/PWD/index.htm.

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28.3 The Proposer (including any sub-contractors) shall register with the Department of Industrial Relations prior to submitting its proposal, pursuant to California Labor Code Section 1725.5.

28.4 No contractor or sub-contractor may perform work on the project unless registered with the Department of Industrial relations pursuant to Labor Code Section 1725.5.

Contractor represents and warrants that it is registered with the Department of Industrial Relations. Contractor shall maintain its registration with the Department of Industrial Relations throughout the course of the project. Contractor is responsible for verifying that each Sub-contractor, including any Sub-contractor not listed on the proposal for the project, is registered with the Department of Industrial Relations at the time the Sub-contractor performs work on the project. If any Sub-contractor is not registered at the time the Sub-contractor is to commence work, Contractor shall require the Sub-contractor to register and may not permit the Sub-contractor to commence work until the Sub-contractor’s registration is complete.

28.5 Contractor must comply with the Labor Compliance Addendum (Exhibit D to the Exemplar Agreement).

28.6 Failure to meet the requirements stated above in this section may result in withdrawal of the award and award to the next ranked proposer.

29 INSURANCE REQUIREMENTS

29.1 The selected Proposer(s), at Proposer’s sole cost and expense and for the full term of the Agreement or any extension thereof, shall obtain and maintain, at a minimum, all the insurance requirements outlined in Exhibit C to the Exemplar Agreement.

29.2 Certificate of Insurance, as required, shall be provided to City within 10 days of the notice of award. Failure to provide the required Certificate of Insurance may result in withdrawal of the Award, and award to the next highest ranked proposer.

30 E-BUILDER PROJECT MANAGEMENT REQUIREMENTS

30.1 The City is currently using the e-Builder software platform for project management of City projects, and the Consultant will be required to utilize the program for the project(s) and construction contract(s) administered under the agreement.