Progressive Design-Build Project - North County Crisis Residential Treatment Facilities.pdf

County of Santa Barbara North County Crisis Residential Treatment Facilities Project Project # 25116-2

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COUNTY OF SANTA BARBARA

GENERAL SERVICES DEPARTMENT

CAPITAL PROJECTS DIVISION

REQUEST FOR QUALIFICATIONS

for

PROGRESSIVE DESIGN-BUILD PROJECT

NORTH COUNTY CRISIS RESIDENTIAL TREATMENT FACILITIES

Assessor’s Parcel Number 113-210-024, Santa Maria, CA 93455

COUNTY PROJECT NO. 25116-2

RFQ BRIEFING CONFERENCE:

WEDNESDAY, AUGUST 19, 2026

1:00 P.M. PST

QUALIFICATIONS DUE DATE:

WEDNESDAY, SEPTEMBER 23, 2026

4:00 P.M. PST

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Table of Contents

SECTION 1: OWNER DESCRIPTION 3

1.1 GENERAL 3

1.2 PROCUREMENT WEBSITE 3

SECTION 2: OVERVIEW OF PROJECT 4

2.1 GENERAL 4

2.2 PROJECT OBJECTIVES 5

2.3 SCOPE OF WORK 5

2.4 PROJECT BUDGET / STIPULATED SUM 8

2.5 PROJECT PROCUREMENT SCHEDULE 8

2.6 DEFINITIONS 9

SECTION 3: PROCUREMENT PROCESS 11

3.1 GENERAL INFORMATION 11

3.2 OWNER RIGHTS AND PROCUREMENT CONDITIONS 13

3.3 OUTLINE OF PROCUREMENT PROCESS 17

3.4 CONTRACT FORMAT 19

SECTION 4: SOQ DOCUMENTATION REQUIREMENTS 19

4.1 SOQ FORMAT REQUIREMENTS 19

4.2 SOQ ORGANIZATION 20

SECTION 5: SOQ CRITERIA & SUBMITTAL INFORMATION 21

5.1 BODY OF SOQ AND POINTS 21

SECTION 6: COST PROPOSAL CRITERIA & SUBMITTAL INFORMATION 27

6.1 BODY OF PROPOSAL AND POINTS 27

SECTION 7: SELECTION PROCESS 28

7.1 GENERAL 28

7.2 CUMULATIVE SCORING AND D-BE RANKING 29

7.3 TIES AND PRECEDENCE 29

7.4 SELECTION 29

SECTION 8: LIST OF ATTACHMENTS 30

A: PROJECT PROFILE, REFERENCE, & RELATIONSHIP MATRIX TEMPLATES

B: BONDING INSTRUCTIONS

C: INSURANCE REQUIREMENTS

D: CORPORATE STRUCTURE QUESTIONNAIRE

E: SAMPLE BID FORM

F: SAMPLE FORM OF AGREEMENT

G: COMMUNITY WORKFORCE AGREEMENT & STATEMENT OF COMMITMENT FORM

H: POTENTIAL CONFLICT OF INTEREST DISCLOSURE

J: STANDARD GENERAL CONDITIONS

K: ENVIRONMENTAL IMPACT REPORT

L: BOND BEHAVIORAL HEALTH CONTINUUM INFRASTRUCTURE PROGRAM ROUND 2

PROJECT SPECIFIC PROGRAM FUNDING AGREEMENT

M: PRELIMINARY NORTH COUNTY CRISIS RESIDENTIAL TREATMENT FACILITIES PROGRAM REPORT

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SECTION 1: OWNER DESCRIPTION

1.1 General

The County of Santa Barbara (“County”, or “Owner”, or “Agency”) through its General Services Department is soliciting Statements of Qualifications (“SOQs”) pursuant to California Public Contract Code Section 22185 et seq. from qualified Design-Build Entities (“D-BE” or “Design- Builder” or “Design-Build Entity”) consisting of contractors and licensed architectural and engineering (“A&E”) firms in order to establish a pre-qualified shortlist of D-BEs eligible to submit cost proposals (“Proposals”) for the pre-construction, design, and construction of the new North County Crisis Residential Treatment Facilities (“Project”).

This Request for Qualifications (“RFQ”) is intended to assist the County in determining which firms are responsible and sufficiently qualified to meet the County’s anticipated needs for the Project.

All interested D-BEs (each, an “Offeror”) must submit an SOQ in the format required by the County.

After the SOQs have been evaluated, the County will, in its sole discretion, establish a short-list of the three (3) highest-rated qualified Offerors evaluated in accordance with Section 5. Offerors that have been shortlisted in accordance with the process outlined herein will be invited to submit a Proposal for progressive design build services. Short-listed Offerors will then be invited to interview with the selection committee (“Selection Committee”).

The Proposals will be evaluated as set forth in this RFQ to identify the successful Design-Builder to whom the Design-Build Contract (“Contract”) for the Project will be awarded based on a determination of which D-BE is most qualified for the Project. A more detailed description of the selection process is set forth herein.

The County reserves the right to determine any SOQ or Proposal that is incomplete or otherwise fails to respond to all requirements of this RFQ to be non-responsive and reject it from further consideration. The County also reserves the right to request clarification and/or additional information from any Offeror.

The County urges all interested entities to carefully review the requirements of this RFQ. By submitting an SOQ, the Offeror represents that it has carefully read the terms and conditions of this RFQ, all attachments and Addenda and agrees to be bound by them. This RFQ is not an offer to enter into a contract, but merely a solicitation of qualified entities interested in submitting an SOQ to the Owner for the Project.

Neither this RFQ nor the identification of qualified Offerors for any purpose creates any obligation whatsoever, either express or implied, for the County to award any contract.

1.2 Procurement Website

https://www.publicpurchase.com

Reference: RFQ #25116-2 GS Capital Projects: North County Crisis Residential Treatment Facilities

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Progressive Design-Build Services

SECTION 2: OVERVIEW OF PROJECT

2.1 General

The County of Santa Barbara is initiating the development of a new North County Crisis Residential Treatment (“CRT”) Facilities Project on County-owned property located at Assessor’s Parcel Number 113-210-024 in North Santa Barbara County, California. Following a multi-year pursuit for Behavioral Health Continuum Infrastructure Program (BHCIP) grant fund opportunities, the County is now prepared to advance into the design phase for the new CRT facilities. These CRT facilities will provide short-term, recovery-oriented care for individuals experiencing behavioral health crisis.

These facilities will expand the semi-acute treatment capacity in the Central California region.

The County of Santa Barbara is exploring opportunities to reduce reliance on incarceration and expand access to wraparound services for system-involved individuals through the development of diversion, treatment, and transitional support facilities. In August 2024, the County commenced a feasibility study process to evaluate the development of two (2) Crisis Residential Treatment Facilities (CRTs) on the North Branch Jail campus.

The proposed CRTs are envisioned as part of a broader County initiative to provide community-based alternatives to custody for individuals experiencing mental health and substance-use disorders, while also supporting individuals transitioning from custody who may require short-term assistance with Activities of Daily Living (“ADLs”) and Instrumental Activities of Daily Living (“IADLs”). The facilities are intended to serve individuals who may benefit from additional stabilization, treatment, and supportive housing resources as they transition toward independent living and reduced system involvement.

Through this effort, the County seeks to create facilities that:

Provide a safe, therapeutic, and welcoming environment that supports resident engagement in treatment and recovery services;

Ensure a secure and functional setting for staff and service providers; and

Promote successful resident outcomes by supporting skill development, stabilization, and reintegration into the community.

The Project is anticipated to achieve final completion, including close-out, in February 2029.

Liquidated damages in the amount of $5,000 per calendar day will be assessed for each day of delay beyond the contractually defined Substantial Completion Date.

The selected Design-Build Entity (“D-BE”) must hold a current and valid California Contractor’s License, Class B, in good standing with the California Contractors State License Board and must be registered with the Department of Industrial Relations (“DIR”). All architectural and engineering firms, including their principal engineers, must be licensed in the State of California and remain in

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The County of Santa Barbara’s Behavioral Wellness Department and General Services Department will provide current and future programming information that will guide the final design and construction of the Project. Cooperation between General Services, Behavioral Wellness, the awarded Construction Management Firm and the D-BE is important and vital to Project success.

2.2 Project Objectives

Design and construct a project that will achieve Design Excellence (see Section 2.6.10).

Establish a collaborative relationship between the Owner, Construction Manager, and the Design-Builder to deliver quality design and construction on time and within the Owner’s budget; and.

Maintain a safe, injury-free work site.

2.3 Scope of Work

The Project consists of the design, planning and construction of two (2) new independent, ground up 16-bed Crisis Residential Treatment (“CRT”) buildings. Each CRT shall include residential rooms, day and dining spaces, restroom and shower facilities, treatment and support areas, indoor community spaces, kitchen and laundry facilities, administrative and staff support spaces, appropriately sized outdoor recreation yards designed to support both active and passive use and building utility spaces as required.

The Project shall be constructed as an all-electric facility with no natural gas service and shall be designed for rooftop “solar ready” and meet the County’s Zero Net Energy Policy. Potable water, fire water, sanitary sewer, and storm drainage infrastructure are available on-site and have sufficient capacity to serve the Project. Portions of the utility connections are located within a State lease boundary and will require coordination with the Board of State and Community Corrections (BSCC). Electrical service is available from an existing power source located across Betteravia Road.

Special systems, including fire alarm, life safety, security, and emergency power systems shall be required and coordinated with existing County infrastructure.

Off-site improvements, incorporated into the North Branch Jail Expansion Project scope of work, include the construction of a new primary site entrance from Betteravia Road for shared site access to the North Branch Jail Expansion and the North County Crisis Residential Treatment Facilities, which may involve road widening and the addition of a deceleration lane to improve safety and traffic flow. This will require coordination and collaboration with the ongoing North Branch Jail Expansion project.

Site improvements shall include internal access drives connected to the shared primary site entrance, parking, fire access, grading, drainage infrastructure, perimeter security fencing, site lighting, CCTV infrastructure/equipment, access control equipment/hardware, low voltage cabling, utility extensions and connections and backup generator to provide emergency electrical power.

There is strict licensing governance pertaining to CRT facilities and Bond Behavioral Health Continuum Infrastructure Program (“BHCIP”) Round 2 Grant Funding requirements with which the

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D-BE must comply through all phases of design, planning and construction.

The County intends to deliver the Project using a two-phase Progressive Design-Build delivery method under a single contract:

Phase 1: If Owner decides, in its sole and absolute discretion, to award a contract to a successful Offeror, Owner will enter into a written contract with the successful Offeror in the form of agreement provided in this RFQ. The successful Offeror will then perform necessary planning, design and preconstruction services sufficient to establish a Guaranteed Maximum Price (“GMP”) for the Project. These services shall include collaborative design development, cost estimating, constructability reviews, value engineering, construction documents, schedule development, and other preconstruction services performed on an open-book basis in accordance with the County’s Project Criteria.

Phase 1 will be advanced to 100% design and documentation sufficient for the County and the Design-Build Entity to establish a GMP.

The procurement of materials and early work packages may be authorized during Phase 1 at the Owner’s sole and absolute discretion. An amendment to the Phase 1 contract would be required.

Phase 2: At the completion of Phase 1, if Owner decides, in its sole and absolute discretion, to accept the GMP for the Project, Owner may amend its contract with the successful Offeror to contract for the remaining design, preconstruction, and construction activities sufficient to complete and close out the Project, consistent with the GMP. Phase 2 services shall include completion of the design if any, procurement of materials and equipment, construction of the Project, start-up, testing, commissioning, project close-out and warranty services, all in accordance with the GMP and approved contract documents. The County will retain ownership of all work products and intellectual property developed in connection with the Project.

The selected D-BE will be responsible for, among other things, all design, coordination and securing of permits (permit fees paid by owner), obtaining agency review and approval (including, without limitation, authorities having jurisdiction), site mobilization and site logistics, preconstruction, construction, post-construction and close-out of the Project, in accordance with the Contract Documents provided by the County. Such services include, but are not limited to:

Provide project management of D-BE’s work activities from criteria development and design to permitting and agency approvals through completion of construction and close-out of the Project.

Collaborate with the County to fully program the Project, including but not limited to confirmation of operational needs and spatial requirements. Provide full design and engineering services (including, without limitation, geotechnical and survey services) necessary to complete the design and secure approval for the Project from all agencies (including, without limitation, the Governmental Body, Authorities Having Jurisdiction, Air Pollution Control District) and in accordance with the Contract Documents. Design services generally required are evaluation of the site and other Project-related information;

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Page | 7 development of design criteria documents; preparation of a preliminary schedule and preliminary estimate; coordinating and obtaining all necessary permits (permit fees paid by owner); preparing design development documents, including supporting the County’s design review process; attending design review meetings and resolving review comments to the satisfaction of the County; preparing construction documents; securing design approval from the Governmental Body and other agencies; preparing bid packages and bidding the trade work (as addressed further below); preparing and submitting an acceptable Guaranteed Maximum Price (“GMP”) proposal within the County’s expected cost range for the Project and based on the bids/proposals received for the trade work; and performing all construction administration services through final completion of the Project.

CEQA: Review the Environmental Impact Report (“EIR”), Attachment K, and incorporate actions required as stated in the Mitigation Monitoring and Reporting Plan (“MMRP”). An addendum to the existing EIR may be required to incorporate this project under the EIR.

Community Outreach: Attend and participate in community engagement public meetings as required (maximum of 3), coordinating with the County Project team. Support the development of community and public-facing messaging and communications. Review, evaluate, and incorporate community feedback into design and construction strategies.

Prepare and provide design visualizations and presentation materials for community engagement events.

Provide accurate and timely estimates of Project costs. Project costs include all costs necessary for the D-BE to design and build this project.

Developing the GMP will include some or all of the following, without limitation: value engineering, detailed cost estimating during the design phase to meet the County’s budget, development of the different trades’ scopes of work, bidding, preparation of a GMP proposal, and compliance with Public Contract Code 22185.6. A minimum of three bids is expected for each trade, except that, for work to be performed by the Design-Builder or any prequalified subcontractor listed in the Proposal, the Design-Builder shall submit sufficient information to establish that its price is competitive and reasonable for the area. Each trade shall be vetted through a process approved by the County.

If a GMP is accepted by the County and the selected D-BE, provide all remaining design services and construction work necessary to complete the Project. Construction services generally required include, but are not limited to, the following: execution of subcontracts;

provide on-site support and logistics, including but not limited to temporary construction office trailers and equipment; self-perform, supervise and direct the work; utility coordination and connections (connection fees paid by owner); ensure a safe project/site;

participate in project meetings; manage the construction costs, including ensuring requested use of contingencies and allowances meet the contract requirements prior to submission of a request for approval to the County Representative; coordinate the work with the different subcontractors in an efficient manner; update the monthly and 3-week look-ahead construction schedules; coordinate equipment commissioning, start-up, and acceptance testing; training; prepare record construction documents; and close-out of the

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Project.

Provide, install, maintain, and remove temporary project site facilities for the duration of the Project upon activation of onsite activities. At a minimum, furnish a climate-controlled construction office trailer(s) with adequate workspace for the Design-Builder, Construction Manager, Inspector of Record, and the Owner's Project Manager (part-time), accommodating a minimum of six (6) personnel. The trailer shall include a small conference room capable of seating 6–8 attendees for project meetings; desks/workstations; ergonomic seating; lockable file storage; high-speed internet/Wi-Fi; telephone service (if required);

printers/copiers/scanners; project display and plan review area; whiteboard and monitor/TV with video conferencing capability; adequate lighting, HVAC, and electrical service; potable drinking water; waste receptacles; and all required utility connections. The Design-Builder shall also provide and maintain temporary power, sanitary facilities (including ADA-compliant portable restrooms), handwashing stations, site fencing and security (as required), housekeeping, and all other temporary facilities necessary to support efficient project administration and construction operations. All temporary facilities shall comply with applicable OSHA, ADA, and local code requirements.

Provide construction planning, phasing and scheduling during design and through construction completion.

Develop and maintain a Project schedule that incorporates all tasks and approvals of all involved parties necessary to complete the Project within the contract durations.

Provide preconstruction and construction quality control.

All trade procurement shall be in accordance with the County’s Community Workforce Agreement and applicable California Public Contract Codes, including but not limited to California Public Contract Code 22185 et seq.

2.4 Project Budget

The target allowable budget for the D-BE's Scope of Work referenced in Section 2.3 inclusive of all design, planning, construction, fixed/secured fixtures, furniture, and equipment (“FF&E”), emergency generators, security and access control, low voltage cabling, and amenities, is Nineteen- Million Dollars ($19,000,000.00). Permit fees, utility connection fees, and freestanding FF&E are excluded from the D-BE scope of services. The D-BE's Scope of Work shall be delivered under a Guaranteed Maximum Price (“GMP”) in accordance with the terms and conditions of the Progressive Design-Build Agreement. The $19,000,000.00 target budget is intended to cover all costs and services provided by the Design-Build Entity, including design, planning, construction, and any other work necessary to complete the Scope of Work.

The County’s total overall Project budget is $28,101,865.00, inclusive of all project-related costs, including the D-BE contract, construction management, project management, permitting/entitlements, inspections, specialty consultants, freestanding FF&E, owner-furnished items, contingencies, and related expenses.

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The County will require an open-book policy with the selected D-BE . The County, through itself or its authorized agents and consultants, shall have access to, without limitation, design information, subcontractor/supplier information (bids, actual contracts, associated change orders, and correspondence), value engineering backup, contingency breakdown and tracking, general conditions breakdown and tracking, actual costs for bonds and D-BE held insurance, all of the selected D-BE's financial and cost records for the Project, and all other information required from the D-BE in the Contract Documents.

2.5 Project Procurement Schedule

The following is the Project Procurement Schedule. The Owner reserves the right to modify the Project Procurement Schedule via Addenda. All times listed are Pacific Standard Time (PST).

Date & Time (if applicable) Activity

August 11, 2026 Issue RFQ

August 19, 2026 – 1:00PM RFQ Briefing Conference

September 9, 2026 Last Date to Submit Questions Regarding the RFQ

September 11, 2026 Deadline to issue RFQ Addenda

September 16, 2026 – 4:00PM SOQ Due Date

September 23, 2026 Announcement of Short-listed Offerors

October 1, 2026 – 11:00AM Site Walk

October 14, 2026 – 4:00PM Proposals Due: Phase 1 Design-Build Services

October 21-22, 2026 Short-lister Firm Interviews (times subject to change):

10/21: 9am – 10:30am 10/21: 1pm – 2:30pm 10/22: 9am – 10:30am 10/22: 1pm – 2:30pm

October 27, 2026 Notification of Preferred Offeror and contract negotiations

December 8, 2026 Phase 1 Contract Award at Board of Supervisors

December 10, 2026 Notice to Proceed (“NTP”) to Progressive Design Build Entity for Phase 1

January 2027 – October 2027 Phase 1 services through GMP, Phase 2 Contract Award and Phase 2 NTP.

August 2027 – February 2029 Pre-construction/early bid packages through Project completion and close-out

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2.6 Definitions

2.6.1 Agency or County or Owner: The County of Santa Barbara, inclusive of the General Services Department, Behavioral Wellness, County Counsel, the County Executive Office, and any other County government entity or department with authority or responsibility related to the Project.

2.6.2 Architect of Record (“AOR”): A licensed architect who takes legal and professional responsibility for the Project’s design and execution. The AOR shall sign and seal the construction documents, ensuring compliance with building codes, regulations and the overall design intent of the Project.

2.6.3 Best Value: The value determined by objective criteria that may include, but not be limited to, price, features, functions, life-cycle costs, experience, and other criteria deemed appropriate by the Agency.

2.6.4 Owner’s Criteria / Reference Documents: Documents prepared or provided by the Owner to communicate programmatic needs, performance requirements, site information, budget, schedule objectives, and other constraints for the Project. These documents may include this RFQ, reference studies, reports, concept-level information, and the Form of Agreement, and are intended to support collaboration during Progressive Design-Build services rather than prescribe a final design.

2.6.5 Business Day: Monday through Friday, 8:30am – 5:00pm Pacific Time.

2.6.6 Design-Build: A project delivery process in which both the design and construction of a project are procured from a single entity, as defined by Public Contract Code Section 22185 et seq.

2.6.7 Progressive Design-Build (“PDB”): A form of Design-Build delivery in which the Design-Build Entity is selected primarily on qualifications and collaborates with the Owner during an initial design and preconstruction phase to develop the design, cost, and schedule, culminating in the establishment of a Contract Price, which may be based on Lump Sum or Design-Builder’s Fee and Cost of the Work with an option for a Guaranteed Maximum Price (GMP), to construction authorization.

2.6.8 Design-Build Entity (“D-BE”): The entity with the prime design-build contract with the Owner. A partnership, joint venture, corporation, limited liability company, or other legal entity that is able to provide appropriately licensed contracting, registered architectural, and licensed engineering services as needed in accordance with the RFQ.

2.6.9 Design-Build Team: Includes all entities listed by the D-BE as providing services or construction for the Project. Offerors are not required to list all members of such Offeror’s Design-Build Team in the SOQ. Members of the Design-Build Team may also be referred to as “Team Members”.

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2.6.10 Design Excellence: Design Excellence is achieved through the design and construction of new Crisis Residential Treatment facilities that meet the operational needs of the Behavioral Wellness Department, allows for flexibility in its design for mental health considerations, provides equipment and systems that are coordinated with the County Maintenance staff for compatibility and longevity, is delivered on time allowing the County to meet the completion date, and is within the Project Budget.

2.6.11 Key Team Member: Individuals who will perform important work or services on behalf of or under contract with the D-BE in connection with the Project with respect to the design, construction, or management of the Project.

2.6.12 Procurement: The Owner’s process for selecting a Design-Build Entity to enter into the Contract for this Project via this RFQ.

2.6.13 Procurement Documents: All documents issued by the Owner in connection with the Procurement.

2.6.14 Projects of Similar Scope and Complexity: Projects that had completion dates within the last ten years or are currently under construction and at least 50% complete, meeting one or more of the following criteria:

a. Projects of a similar size, complexity, and minimum budget of $15M that include design and construction of behavioral health facilities.

b. Projects that utilized or are currently utilizing a Design-Build or Progressive Design-Build project delivery method that require strong coordination and integration of the design and construction professionals and early involvement of the construction professionals during design. Progressive Design-Build projects are favorable.

2.6.15Guaranteed Maximum Price (“GMP”): The maximum amount to be paid by the Owner to the D-BE for the completion of the Project Scope of Work, as negotiated and established during the Progressive Design-Build process, subject to the terms and conditions of the Progressive Design-Build Agreement.

SECTION 3: PROCUREMENT PROCESS

3.1 General Information

3.1.1 Compliance with Legal Requirements

This Procurement will be in accordance with all applicable federal, state, and local laws, and Owner policies and procedures.

3.1.2 Conflict of Interest and Communications with the Owner

a. Per Government Code Section 1097.6, a public entity may enter into a subsequent contract with that independent contractor for a later phase of the same project if the independent contractor did not engage in or advise on the making of the

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b. Offerors are required to conduct the preparation of their SOQs with professional integrity and free of lobbying activities. Except as provided in this RFQ, communication with the County regarding the substance of the RFQ or any SOQ is prohibited until the County announces the short-listed Offerors or rejects all SOQs and discontinues the design-build process, and communication regarding the substance of any Proposal, other than during the Pre-proposal conference or interview process described herein, including without limitation with the Selection Committee, is prohibited until the County announces its intent to award the contract for the Project or rejects all Proposals and elects not to re-bid the Project as a design-build project.

c. Upon completion of short-listing, submission of cost proposals and any interviews, no communications or contacts of any kind shall be permitted between the Owner and any Offeror until the Owner has announced the highest ranked Design-Build Entity and initiated contract negotiations. This restriction includes, but is not limited to, written, verbal, electronic, and informal communications, except as expressly authorized in writing by the Owner.

3.1.3 Expenses of Offeror and Payment of Stipend

The Owner accepts no liability for the costs and expenses incurred by firms in responding to this Procurement. Each Offeror that enters into the Procurement process shall prepare the required materials and the SOQ at its own expense and with the express understanding that the Offeror cannot make any claims whatsoever for reimbursement from the Owner for the costs and expenses associated with the process, even in the event the Owner cancels this Project or rejects all Proposals. No stipends will be paid in connection with this Procurement. The County shall retain ownership of all Proposals including the intellectual property therein.

3.1.4 Public Disclosure

The County will open and review SOQs privately to avoid disclosure of the contents to competing Respondents prior to and during the review and evaluation process.

All SOQs and all Proposals submitted in response to this RFQ will become the exclusive property of the County and will become public records that may be subject to disclosure under California Public Records Act Government Code sections 7920.000 et seq. (“Act”).

Information in a submitted SOQ that is not a public record pursuant to the Act shall not be open to public inspection. Proposals and SOQs shall be held confidential by the County and shall not be subject to disclosure until after either the County has selected the successful Offeror or has elected not to proceed with this design-build procurement.

Except as otherwise required by law and the Act, the County will not disclose trade secrets or proprietary financial information submitted that has been designated confidential by the Offeror. County will have no liability to any Offeror or other party as a result of any public disclosure of any SOQ or Proposal. Any such trade secrets or proprietary financial

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Page | 13 information that an Offeror believes should be exempted from disclosure shall be specifically identified and marked as such in the SOQ or Proposal. The Offeror shall clearly label and stamp the specific portions of the SOQ or Proposal that the Offeror considers confidential and state the specific provision in the Act which provides the exemption as well as the factual basis for claiming the exemption. Blanket-type identification by designating whole pages or sections shall not be permitted and shall be invalid. The specific information must be clearly identified as such.

Upon a request for records regarding a Proposal or SOQ, the County will notify the Offeror of the request and endeavor to provide at least two (2) Business Days’ notice of a public records request for material submitted pursuant to this Procurement. The Offeror must respond within two (2) Business Days if the Offeror identifies any information in its SOQ or Proposal as “proprietary, trade secret, or confidential commercial or financial” that the Offeror determines is not subject to public disclosure, and requests the County to refuse to comply with the records request, then the County will consider whether it believes the information is exempt from disclosure under the Act. By submitting an SOQ or Proposal, Offeror acknowledges that County may determine in its sole and absolute discretion whether information that Offeror considers confidential is subject to disclosure as a matter of law, including the Act, and Offeror waives any challenge to the County’s decision in this regard. Offeror shall indemnify, defend and hold harmless County, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of information submitted by Offeror.

Notwithstanding the foregoing, Offeror recognizes that the County will not be responsible or liable in any way for claims or losses that Offeror may suffer from the disclosure of information or materials to third parties. After selection of the successful Offeror, the County reserves the right to use concepts proposed by any Offeror.

3.1.5 Protest Procedures

The protest procedures applicable to the Procurement are as follows:

a. All protests will be directed to:

Ashton Ellis, Project Manager: AEllis@countyofsb.org

b. Any protest based on the form or content of the Procurement documents, which is or should have been apparent prior to the date established for submittal of the SOQ, will not be considered if received by the person set forth above later than ten (10) calendar days prior to the SOQ submittal date set forth in the Project Procurement Schedule above.

c. Protests based on any other circumstances must be received by the person noted above within five (5) business days from the date the Offeror or Short-Listed Offeror was notified of any selection decision; however, in no event will a protest be considered if all SOQ or Proposals are rejected or if the protest is received after award of the Contract.

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d. To be considered, a protest shall be in writing and shall include: (1) the name, street address, and email address of the aggrieved party; (2) the name of the Project for which the protest is submitted; (3) a detailed description of the specific grounds for the protest and any supporting legal and/or factual documentation; and (4) the specific ruling or relief requested.

e. In computing any period of time prescribed by this procedure, the day of the act or event from which the designated period of time begins to run shall not be included.

The last day of the period shall be included. Any document received after the close of regular business hours (8:00 a.m. to 5:00 p.m.) shall be deemed received the following Business Day.

f. By submitting an SOQ and/or Proposal in response to this Procurement, the Offeror acknowledges that it has reviewed and acquainted itself with the protest procedures herein and agrees to be bound by such procedures as a condition of submitting am SOQ and/or Proposal.

3.2 Owner Rights and Procurement Conditions

3.2.1 The Owner will utilize a two-step procurement process for the qualification and selection of the Design-Build Entity for the Project:

STEP 1: Request for Qualifications (“RFQ”): To be considered for this Project, each Offeror shall submit a Statement of Qualifications (“SOQ”) that fully complies with the requirements of this RFQ. SOQs received by the Owner in accordance with this RFQ will be evaluated and scored based on the published criteria. The Owner will shortlist the most qualified Offerors and invite them to submit a Proposal and participate in interviews.

STEP 2: Cost Proposals and Interviews: Following the evaluation and scoring of the SOQs, the County will invite the three (3) highest qualified Offerors to submit a Cost Proposal on the date as stated herein Section 2.5 of this RFQ. After Proposals are received from the short-listed D-BEs, the Selection Committee will review and evaluate all Proposals based on the scoring criteria identified in Section 6. The County will invite the highest qualified Offerors to participate in interviews. At the completion of the interview process, the Owner intends to identify the highest qualified Design-Build Entity and proceed to contract negotiations.

3.2.2 Obtaining the RFQ

Entities wishing to submit a SOQ in response to this RFQ must first register as a Vendor/Supplier on the County of Santa Barbara Public Purchase website at www.publicpurchase.com, Vendor Registration. Successful registration will allow a D-BE to submit its SOQ and to receive email updates regarding the Design-Build procurement process. D-BE’s are recommended to register as a Vendor/Supplier as soon as possible, as it can take 24 to 48 hours for your account to become active.

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To register as a Vendor/Supplier, follow the steps below:

Step 1) Register as a Vendor/Supplier with Public Purchase: If you are already registered with Public Purchase, please skip this step and proceed directly to Step 2 below. Once registered, you will receive an activation email from notices@publicpurchase.com advising that your account is activated (Note: be sure to add this email address to your contacts to avoid bid notifications being sent to your junk folder rather than your inbox). It can take 24 to 48 hours for your account to become active.

Step 2) Registering as a Vendor/Supplier with the County: Once you have received your activation email from Public Purchase, log into Santa Barbara County Public Purchase homepage and accept the terms and conditions of use. You will need to register with Santa Barbara County and select the National Institute of Government Procurement (“NIGP”) Commodity Codes that relate to your business in order to receive email notifications of future procurement opportunities.

It is important to complete Step 2 of the registration process (register with Santa Barbara County) or you will not receive notifications of upcoming procurement opportunities. It is your responsibility to keep your Vendor/Supplier information updated in Public Purchase, particularly your contacts and email addresses.

3.2.3 RFQ Briefing Conference

An RFQ Briefing Conference is scheduled as noted in the Procurement Schedule in section

2.5. The Briefing Conference is intended to review the RFQ process, submittal requirements and evaluation criteria. Attendees will be allowed to ask questions at this conference. Oral responses given at the Briefing Conference are not binding on the Owner.

Only responses and clarifications issued via formal written addenda to this RFQ shall be binding. All D-BE’s interested in submitting a SOQ for this Project are encouraged to attend the Briefing Conference.

The Briefing Conference will be held via MS Teams. A link for the RFQ Briefing Conference will be posted on Public Purchase. You may also request the link via email from the County Project Manager by email: Ashton Ellis AEllis@countyofsb.org.

3.2.4 RFQ Questions Procedure

Questions pertaining to this RFQ must be submitted in writing via Public Purchase. Please submit all questions by the “Last Date to Submit Questions Regarding the RFQ” set forth in the Project Procurement Schedule in Section 2.5 of this RFQ.

Copies of all questions submitted timely by Offerors, and Owner responses to same will be distributed via Public Purchase on or before the date indicated in the Project Procurement Schedule in Section 2.5.

3.2.5 Late SOQ Submission

Late SOQs shall be rejected and returned to the submitter. The SOQ submission Due Date

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2.5 above, or as modified by Addenda, will not be considered.

3.2.6 D-BE Responsibility Overview

The Offeror selected to enter into a Progressive Design-Build Contract with the Owner for this Project (“Selected D-BE”) will be responsible for obtaining and maintaining all applicable permits and approvals (permit fees paid by owner), including but not limited to:

planning, design, encroachment, engineering, construction, start-up and testing, coordination of commissioning by Owner’s third-party commissioning agent, installation of furniture and equipment, and activation coordination for the Project. The Selected D- BE will be responsible for all surveying and geotechnical/corrosion investigation needed for the design of the Project and existing utility and subsurface conditions investigations needed to confirm site conditions.

3.2.7 Owner Consultants

The Owner may retain additional consultants as it deems necessary to support delivery of the Project. The selected Design-Build Entity will be expected to coordinate and collaborate with all Owner-retained consultants, which may include, but are not limited to, a Construction Manager, Inspector of Record, Commissioning Agent, Special Inspection and Testing firms, and furniture and equipment vendors.

3.2.8 Labor Compliance

The Selected D-BE and all members of the Design Build Team, including, but not limited to:

the General Contractor and all subcontractors, must comply with the provisions of State Senate Bill 854 (Stat.2014, chapter 28) which became effective January 1, 2015, including the following:

1) No contractor or subcontractor may be listed on a bid proposal for public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]

2) No contractor or subcontractor may be awarded a contract for public works on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5

3) This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

In addition, this Project is subject to comply with the County of Santa Barbara Community Workforce Agreement (“CWA”). The Selected D-BE shall comply with all provisions of the Santa Barbara County CWA. A copy of the CWA is included in this RFQ, Attachment F.

3.2.9 The Owner reserves without limitation, and may exercise at its sole discretion, the following rights and conditions regarding this Procurement process:

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a. To cancel the Procurement process and reject any and all SOQs and/or Proposals;

b. To waive any informality or irregularity;

c. To revise the Procurement Documents and Schedule via an Addendum;

d. To reject any Offeror that submits an incomplete or inadequate response or is not responsive to the requirements of this RFQ;

e. To require confirmation of information furnished by an Offeror, require additional information from an Offeror concerning its SOQ and require additional evidence of qualifications to perform the work described in this RFQ;

f. To provide clarifications or conduct discussions, at any time, with one or more Offerors;

g. To contact references who are not listed in the Offeror’s SOQs and investigate statements on the SOQs and/or qualification of the Offeror and any firms or individuals identified in the SOQ;

h. To consider Alternative Technical Concepts and/or approaches identified by Offerors;

i. To take any action affecting the RFQ process or the Project that is determined to be in the Owner’s best interests; and

j. Approve or disapprove of the use of particular Subconsultants, Subcontractors, or Key Team Members and/or substitutions and/or changes to Subconsultants, Subcontractors, or Key Team Members from those identified in the SOQ or Proposal.

Such approval or disapproval shall not be unreasonably exercised.

3.3 Outline of the Procurement Process

3.3.1 Request for Qualifications (RFQ).

a. Owner will follow the procurement process in Public Contract Code section 22185.3 and in this RFQ to select the highest qualified Offerors to shortlist. To identify the highest ranked shortlisted Offerors, Owner will select the highest qualified Offerors using a qualifications-based selection as defined in Public Contract Code section 22185(i).

b. This RFQ invites entities to submit SOQs describing in detail their technical, management, and financial qualifications to design, permit, construct, commission, and close out the Project. The issuance of this RFQ is the first step of the Procurement process.

c. Offerors will submit their SOQ and other deliverables required pursuant to this Procurement at the time and in the manner set forth in this RFQ and any Addenda.

The Owner will not consider SOQ or other deliverables that are submitted after the

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d. The Owner will evaluate the information submitted by each Offeror to 1) determine whether the Offeror meets the mandatory minimum requirements and 2) evaluate the SOQ provided by each Offeror pursuant to the evaluation system described below. Any Offeror who fails to meet the mandatory minimum requirements set forth in this SOQ will be deemed non-responsive and will not be considered further by the Owner in this Procurement.

e. Each SOQ will be evaluated in accordance solely with the criteria established in this RFQ and any Addenda issued thereto. The evaluation criteria are listed below in Section 5, including the relative weight or importance given to each criteria.

f. In the evaluation and ranking of Short-Listed Offerors, the Owner may consider any information submitted in the SOQ with respect to the evaluation criteria set forth in the RFQ. The result of the evaluation will be a comparative ranking of Short-Listed Offerors. Refer to Section 5 for RFQ Evaluation Criteria.

g. Three (3) responsive Offerors may be short-listed at the County’s discretion. Only those Offerors that are Short-Listed Offerors will be invited to participate in submission of a Cost Proposal and interview.

h. The results of the SOQ evaluations will be carried forward into the Cost Proposal and interview phase and selection.

i. Design-Build Team Members and individual Key Team Members will be used as a basis for selection. Once Short-Listed, neither the Short-Listed Offeror nor Team Members that are submitted to the Owner as part of such Short-Listed Offeror’s SOQ may substitute a listed consultant, subconsultant or subcontractor, or any individual listed as a Key Team Member; however, a change to any submitted Team Member or Key Team Member will result in re- evaluation and may result in a change to the evaluation and ranking of the Offeror.

3.3.2 Cost Proposal (For Short-listed D-BEs ONLY)

a. The Owner will conduct a mandatory Site Walk Through with all Short-Listed Offerors on the date and time as stated in Section 2.5.

b. Each Short-Listed Offeror will submit a Cost Proposal in accordance with the requirements of this RFQ and the Project Procurement Schedule. All Proposal submittals become the property of the Owner upon submission, including the intellectual property contained therein.

c. The Cost Proposal will be submitted in a separate file on Public Purchase from the SOQ. A new solicitation will be created for the shortlisted Offerors only.

3.3.3 Interview and Selection (For Short-listed D-BEs ONLY)

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a. The Owner may, at its discretion, accept written questions from short-listed Offerors related to the Project, delivery approach, or Owner objectives. Any responses provided by the Owner shall be issued in writing and, if deemed appropriate, shared with all short-listed Offerors.

b. The Owner will conduct interviews or informational meetings with short-listed Offerors to support its evaluation of qualifications, Cost Proposals, and to determine the highest qualified Design-Build Entity. The interviews will serve to allow the Short- Listed Offerors the opportunity to describe their qualifications in detail, share their approach to the project and provide a forum for the Owner to ask questions of each Offeror about their qualifications. The Owner intends to have the full Evaluation Committee attend each Short-Listed Offeror’s interview (subject to availability).

c. No technical proposals, design submittals, or Cost proposals will be requested or accepted during the interview phase. Any information exchanged during interviews or meetings shall be for evaluation and informational purposes only and shall not constitute an offer or proposal.

d. Following short-listing, receipt of Cost Proposals and interviews conducted as part of the RFQ process, the Owner reserves the right, at its sole discretion, to engage in limited, structured communications with the short-listed Offerors for the purpose of clarifying and confirming information received through the evaluation process, conduct discussions or discontinue the Procurement process at any time prior to execution of a contract.

e. The Owner will provide written notification to all Short-Listed Offerors of the selection decision and make a selection summary available to all Offerors at the conclusion of the Procurement.

f. At the Owner’s discretion, Owner may initiate negotiations with the Preferred Offeror. The “Preferred Offeror” is the Short-Listed Offeror whose Proposal the Owner determines provides the apparent Best Value for the Owner. If the Owner elects not to execute a contract with the Preferred Offeror, negotiations with the Preferred Offeror may be terminated, and provided that such negotiations are terminated in writing, the Owner may proceed to negotiate with the next Preferred Offeror. The Owner will continue in accordance with this procedure until a Contract is executed, or the Procurement process is terminated. Negotiations are at the Owner’s sole discretion. By submitting a Proposal pursuant to this RFQ, the Offeror represents and warrants that it will enter into the Contract in the form of the Form of Agreement as may be modified by provisions of such Offeror’s Proposal that are acceptable to Owner.

3.4 Contract Format

The Owner may enter into Contract negotiations with the Preferred Offeror. The Contract will use the Form of Agreement included within the RFQ.

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The Project will be insured through an…