RFQ187783_Airport_Terminal_Project_complete_packet.pdf

REQUEST FOR QUALIFICATIONS

For

Design, Engineering, Planning, Environmental, Construction Management for Palo Alto Airport Terminal Project

For the Palo Alto Airport

RFQ187783

June 29, 2023

QUESTIONS DEADLINE: Friday, July 7, 2023 1:00p.m.

STATEMENTS OF QUALIFICATIONS DUE: Friday, July 21, 2023 3:00p.m.

Contracts Administrator: Ann Marie Romero Annmarie.romero@cityofpaloalto.org

CITY OF PALO ALTO

PURCHASING/CONTRACT ADMINISTRATION

250 HAMILTON AVENUE

PALO ALTO, CA 94301

(650) 329-2271 mailto:Annmarie.romero@cityofpaloalto.org

REQUEST FOR QUALIFICATIONS 187783

For

Design, Engineering, Planning, Environmental, and Construction Management Services

For the Palo Alto Airport

TABLE OF CONTENTS

SECTION 1 INTRODUCTION

SECTION 2 AIRPORT OVERVIEW

SECTION 3 SCOPE OF SERVICES

A. Design/Engineering and Grant Administration ............... Error! Bookmark not defined.

B. Planning and Environmental Analyses and Documentation ......... Error! Bookmark not defined.

C. Construction Management .............................................. Error! Bookmark not defined.

SECTION 4 MINIMUM QUALIFICATIONS

SECTION 5 STATEMENTS OF QUALIFICATIONS

A. SOQ Content B. SOQ Submission Instructions C. Inquiries

D. PUBLIC NATURE OF MATERIALS

SECTION 6 EVALUATION CRITERIA AND SELECTION PROCESS

A. Minimum Qualifications (Pass/Fail Phase) B. Evaluation Criteria (Scoring Phase) C. Contract Award

D. PROPOSED TENATIVE TIMELINE

SECTION 7 GENERAL CONDITIONS

A. Reservation of Rights B. Representation of Due Diligence

SECTION 8 REQUIRED FEDERAL NOTICES

A. Affirmative Action C. Buy American Preference B. Civil Rights – Title VI Assurances C. Davis Bacon Act Requirements D. Debarment and Suspension Certification D. Disadvantaged Business Enterprise Participation

E. Foreign Trade Restriction Certification F. Lobbying and Influencing Federal Employees G. Procurement of Recovered Materials

SECTION 9 EXHIBITS

Request for Qualifications City of Palo Alto On-Call Airport Consulting Services

SECTION 1 INTRODUCTION

The City of Palo Alto, Public Works Department, Airport Division (the “City”) is soliciting statements of qualifications (“SOQs”) from qualified firms (the “Proposers”) to provide Design, Engineering, Grant Management, Environmental, Planning, and Construction Management Services for the Palo Alto Airport Terminal Project at the Palo Alto Airport (the “Airport”). The potential project is likely to be subject to federal, state and local funding processes, may be accomplished during the course of multiple grants, and may involve local approval prior to commencement. The likely scope of services is described more fully in Section 3 below.

As a result of this competitive selection process, the City may award one contract for services related to the Airport Terminal Project including but not limited to design, engineering, planning, environmental, and construction management. The contract for these services will have a term of five (5) years from the date of execution of the Professional Services Agreement (the “Agreement”), and selection will be conducted in accordance with Federal Aviation Administration (“FAA”) Advisory Circular 150/5100-14E and the City’s contracting and purchasing ordinances and procedures. Proposers should be aware that resultant contracts will be awarded based on not-to-exceed amounts and some of the services may not be required during the contract term.

The City reserves the right to initiate additional procurement actions(s) for any of the services include in this procurement process.

Information regarding this RFQ can be obtained through the City of Palo Alto OpenGov Vendor Portal at: Bid Opportunities – City of Palo Alto, CA and can be accessed by following the directions below:

1. Navigate to Bid Opportunities, Locate Project Name and double clink on the RFQ.

Proposers will be able to view RFQ information.

2. All proposers will need to register with OpenGov through the City’s vendor portal. Which is the same link as above. Once registered, please log in to OpenGov. This will ensure that all prospective proposers receive all addenda notices and will be able to submit a proposal.

SECTION 2 AIRPORT OVERVIEW

The Airport is a single-runway general aviation airport located within the urban limits of the City of Palo Alto, County of Santa Clara, State of California about 30 miles south of San Francisco.

The majority of operations are generated by light single-engine and twin-engine piston aircraft.

The Airport serves as a reliever airport to Norman Y. Mineta San Jose International Airport and San Francisco International Airport to handle overflow of general aviation aircraft demand.

The Airport has approximately 170,000 annual operations. It has two fixed-base operators (the “FBOs”) providing a full range of services to general aviation pilots and aircraft. The Airport has a capacity to accommodate up to 510 based aircraft, including approximately 30 spaces needed to accommodate long-term transient aircraft at the airport for maintenance and other purposes.

The Airport includes miscellaneous airport buildings, including a small general aviation terminal building and the FAA Air Traffic Control Tower.

https://www.cityofpaloalto.org/Departments/Administrative-Services/Bid-Opportunities

The Airport Terminal Project will replace an existing 1,360 square foot pre-fabricated modular building and an old 1,400 square foot building previously occupied by Civil Air Patrol. The existing buildings are outdated and do not meet the demands of the Airport.

SECTION 3 SCOPE OF SERVICES

The City is seeking a consultant to provide all of the design, planning, engineering, construction management and environmental review/approval services associated with the Airport Terminal Project identified on the Airport Capital Improvement Plan (the “ACIP”) for funding in the next five

(5) years. The Airport conducted an initial Airport Facility Requirement study (Attachment A) that identifies the need for a 10,000 square foot terminal building at the Palo Alto Airport. The following describes the services that are anticipated for this project:

Services to be provided by the Consultant shall include survey, environmental, architectural, structural, mechanical, electrical, plumbing, and fire protection engineering involved in the Palo Alto Airport Terminal Project. The Airport has performed an initial Terminal Study (Attachment A) that indicates a 9500 square foot building is appropriate and justified for the Palo Alto Airport. The actual building will be determined during the design phase in conjunction with the FAA and City Planning. The consultant shall aid the Airport in coordinating the project with the FAA and other City departments through the duration of the project.

Design Phase Services Consultant shall provide professional design, engineering and environmental services involved with the Terminal project including assisting City staff in grant administration with the FAA

• Attend weekly coordination meetings and project workshops.

• Prepare and maintain a Project Cost estimate and submit detailed, open book cost estimates as the design is advanced and provide ongoing detailed and independent cost estimating and knowledge of market conditions.

• Perform constructability reviews, biddability reviews, and value engineering

• Prepare appropriate NEPA and CEQA forms and submit letters to governmental agencies requiesting their review and determination regarding what, if any, impact the Project is expected to have on sensitive environmental areas.

• Assist in the permitting process including Architectural Review Board process.

• Develop a comprehensive safety plan for implantation during construction.

• Coordinate with various Owner departments (Development, Planning, City

Purchasing, Public Works, Utilities, etc), FAA, and other agencies

• Protech the Owner’s standards of quality, safety, and environmental factors.

• Prepare FAA 7460 for approval of heights and location of new terminal building.

• Submit Construction Documents and Plans, engineer’s report and engineer’s estimate of probable costs to City and FAA as needed.

• Prepare and submit complete project package to City for bidding, including providing signed and sealed original contract documents and plans.

• Prepare and submit designs for C.3 approval

Bidding Phase Consultant shall assist in the preparation of documents during bidding process.

• Assist Airport and Purchasing with advertisement for bids and send “Notice to Bidders” to prospective contractors

• Answer questions, clarify points, and issue addenda as necessary pertaining to the construction plans and contract documents during the bidding phase

• Attend and conduct the pre-bid meeting and record meetings

• Tabulate and analyze bid results, reviews contractor’s qualifications and make recommendation of contract award.

Construction Phase Services Consultant shall coordinate construction administration services with City’s Project Manager

• Coordinate with various Owner departments (Development Center, Public Works, Utilities, City Purchasing)

• Conduct weekly meetings with Contractor

• Observe the work to determine general conformity with the Contract Documents and to ascertain the need for correction or rejection of the Work.

• Coordinate all Quality Assurance material testing for the project in accordance with City and FAA technical specifications.

• Maintain project records and documentation in accordance with City and FAA requirements.

• Review, approve, or take other appropriate action on all Contractor-required submittals such as schedules and phasing programs, shop drawings, product data, catalog cuts, and samples.

• Provide interpretation of plans and specifications as necessary to answer contractor Requests for Information (RFIs) as required.

• Review Change Order Requests, and payroll reports and monitor Contractor’s compliance with paying employees per the Davis-Bacon Act requirements

• Monitor Contractor’s compliance with Disadvantaged Business Enterprise.

• Provide Final Construction Report in conformance with FAA standards and requirements.

• Update Airport Layout Plan to reflect As-Built Changes.

The above is not a comprehensive and final list of the Scope of Work for the project, and Consultant shall work with the City and FAA to finalize this Scope of Work.

SECTION 4 MINIMUM QUALIFICATIONS

SOQs will be deemed non-responsive and rejected without further evaluation if the proposed staffing plan does not meet the following minimum qualifications. Note, however, that where a Proposer elects to not bid on one or more of the three optional categories identified in Section 3 (i.e., design/engineering and grant management; planning and environmental; or construction management), the SOQ need not demonstrate satisfaction of the minimum qualifications related to those categories.

DESIGN/ENGINEERING and GRANT ADMINISTRATION

1. The Proposer or its subcontractor must have on staff a Professional Engineer (“PE”) licensed as a Civil and/or Environmental Engineer in the State of California, who will be a key team member assigned to the Agreement resulting from this RFQ.

2. Proposers must have demonstrated success (5 projects within the last 10 years) conducting design and engineering services with an emphasis on Terminal Design Projects.

3. Proposers must have demonstrated success (5 projects within the last 10 years) conducting airport planning.

4. Proposers must include an Architect Design Engineer, Resident Engineer, and a Civil Inspector.

5. Proposers must demonstrate successful (three (3) completed projects in the last five (5) years) experience in preparing grant payment requests for similar project in the Western- Pacific Region of the FAA.

6. Proposers must have participated in the preparation of at least three (3) CEQA/NEPA documents in the past five (5) years.

CONSTRUCTION MANAGEMENT

1. Proposers must have recent (three (3) projects in the last five (5) years) experience in construction monitoring and management including permitting, bid preparation and bid analysis support of airport development and/or planning projects comparable to the proposed project.

2. The Project Manager (or Project Managers) must have demonstrated experience with at least three (3) airport projects within the last five (5) years and must be knowledgeable of and familiar with relevant FAA orders, policies and Advisory Circulars.

SECTION 5 STATEMENTS OF QUALIFICATIONS

A. SOQ Content

Each Proposer shall prepare an SOQ in accordance with the requirements outlined below. The City desires succinct submittals that address the specific content requirements.

The page limit for each SOQ shall be 10 pages. This page limit excludes the 2 pages permitted for a Cover Letter and all Attachments. Proposers bidding on more than one type of service have two options: (1) They may submit one SOQ per type of service; or (2) They may submit a combined SOQ. Proposers electing to submit a combined SOQ shall only submit one Cover Letter (up to two pages). A SOQ addressing two types of services shall have a page limit of 20.

A SOQ addressing all three types of services shall have a page limit of 30. Proposers submitting combined SOQs are encouraged to cross-reference information where appropriate.

To facilitate the review of all submittals, each SOQ shall address the following items in the order listed below and shall be numbered 1 through 7 in the statement of qualifications document.

1. Cover Letter

The SOQ shall be transmitted with a Cover Letter, describing the firm’s interest and commitment to performing the on-call services and potential projects. The Cover Letter shall not exceed two

(2) pages. It shall state that the proposal shall be valid for a 120-day period, commencing from the SOQ’s due date, and should include the name, title, address, email and telephone number of the individual, to whom correspondence and other contacts should be directed during the Consultant selection process. The person authorized by the firm to submit a proposal and to negotiate a contract with City shall sign the cover letter. The cover letter shall be the first page of the submittal. Address the cover letter as follows:

Saira Cardoza, Contracts Administrator

City of Palo Alto

In the Cover Letter, the Proposer must state clearly whether the SOQ is intended to cover all, or a subset, of the three optional categories of services covered by this RFQ (i.e., design/engineering and grant administration, planning and environmental analyses, and construction management).

2. Project Team and Availability

The SOQ shall provide a brief written description of the proposed project team that describes the anticipated staffing for the duration of the project. This section is intended to be brief. More detailed discussion of each key team member’s experience and qualifications shall be provided in response to Section 5.

Each Proposer shall identify a Project Manager to serve as the point of contact for the City for the duration of the Agreement. The Project Manager shall have recent, relevant experience with similar airport projects. In addition, the Proposer shall identify the individuals who would serve as the key team members of the Proposer’s organization, describe their experience and qualifications, and indicate their roles and responsibilities. The Proposer should discuss the workload, both current and anticipated, for all key team members, and their capacity to perform the requested services for the project(s) according to the preliminary project schedule. For each key team member, include a resume at Attachment 1 described in Section 7 (Appendix) below.

It should be noted that it is the City’s expectation that all key personnel listed as part of this Section will actually be assigned to this project. Replacement of key team members is not permitted without the prior consultation with and written approval by the City.

3. Minimum Qualifications

The SOQ shall provide a clear and concise explanation of how its team satisfies the Minimum Qualifications described in Section 4 of this RFQ. In response to this question, the Proposer may provide a cross-reference to relevant information provided elsewhere in the SOQ.

4. Project Management and Approach

The SOQ shall provide the Proposer’s proposed approach and management plan for providing the services. The Proposer shall provide an organization chart listing the team members by area of expertise. The chart shall depict the proposed relationships among Consultant staff, FAA staff, Caltrans staff, City staff and any other parties that may have a significant role in the delivery of this project. The Proposer shall describe how it will organize the team members, using the talents available to effectively assist the City. Identify the processes and procedures that will be implemented to manage and coordinate between various entities, including an involved and informed public.

This section shall include a sample Scope of Work, and Project Schedule prepared by the proposer.

In addition, the City and Airport take pride in approaching projects with sustainability in mind. This section should highlight any approaches Consultant can bring to the project to increase the sustainability of the project.

Provide any other information that the Proposer may deem relevant. In particular, the Proposer is invited to describe any particular aspects of its organization that set its team apart from the competition.

5. Qualifications and Experience

The SOQ should provide the qualifications and experience of the entire team that will be available for providing the requested services. Please emphasize the specific qualifications and experience from airport projects similar to the services/projects for the key team members. Recognizing that professionals change their firm affiliations during the course of their careers, the actual experience of the key team members is more important than a firm’s collective experience. This section should address each relevant category of services (i.e., planning and design/engineering;

environmental; grant management; construction management) in turn.

Each SOQ shall address the Proposer’s understanding of the unique environment at the Airport, including local conditions and challenges, and the Proposer’s understanding of and experience with applicable state and local codes and requirements that may pertain to work conducted under the scope of services.

6. References:

For each key team member, provide three (3) client references (names, current phone numbers, and current email) from recent work (previous three (3) years) that is airport-specific. Include a brief description of each project associated with the reference and the role of the respective team member.

The Proposer is advised that the City may request information from the Proposer’s clients and any other available sources while investigating the Proposer’s experience and qualifications.

Submittal of the SOQ constitutes consent to such requests.

7. Appendix

Section 7, the Appendix, shall not count toward the page total identified above.

Attachment 1: Attach detailed resumes for all key team members identified in response to Section 2 of the SOQ.

Attachment 2: Acknowledgement of the standard Professional Services

Agreement conditions, including indemnifications: Provide acknowledgement regarding the acceptability of the standard Agreement (Exhibit 1 to this RFQ).

Identify any exceptions to the draft Agreement. The Proposer is advised that any exception that is determined to be material may be grounds for elimination in the selection process.

Attachment 3: Documentation demonstrating that the Proposer, if it is domiciled outside of California, is licensed to do business in California.

Attachment 4: Identify any potential conflicts of interest with the City, the Airport or any other relevant parties.

Attachment 5: Identify any claims or legal actions against Proposer or any key team members that are pending or have been settled or finalized in the last three years.

B. SOQ Submission Instructions

All SOQs shall be submitted electronically through the City’s electronic procurement system (OpenGov) at:

Bid Opportunities – City of Palo Alto, CA

Proposals must be received by no later than 3:00 p.m. on Friday, July 21, 2023.

The e-procurement system will not accept any proposals after the specified close time.

C. Inquiries

Communications between the Proposer and any City or Airport officials or employees regarding this RFQ that occur during the selection process, except when and in the manner expressly authorized by the RFQ document is strictly prohibited. Violation of this requirement is grounds for disqualification from the process.

Should discrepancies or omissions be found in this RFQ or should there be a need to clarify this RFQ, questions or comments regarding this RFQ must be received by the City no later than 1:00 p.m., Friday, July 7, 2023.

Correspondence shall be through the City’s electronic procurement system , Link Bid Opportunities – City of Palo Alto, CA

Responses from the City will be communicated through the City’s electronic procurement system to all recipients of this RFQ via addendum. Inquiries received after the date and time stated will not be accepted. All addenda shall become a part of this RFQ and shall be acknowledged on the Proposer’s submittal.

The City shall not be responsible for nor be bound by any oral instructions, interpretations or explanations issued by the City or its representatives.

D. PUBLIC NATURE OF MATERIALS

Responses to this RFQ become the exclusive property of the City of Palo Alto. At such time as the Administrative Services Department recommends to form to the City Manager or to the City Council, as applicable, all proposals received in response to this RFQ becomes 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 is required under the Public Records Act.

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.

Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City of Palo Alto may not accept or approve that the information that a Proposer submits is 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 with reasonable notice to allow the Proposer to seek protection from disclosure by a court of competent jurisdiction.

SECTION 6 EVALUATION CRITERIA AND SELECTION PROCESS

All SOQs received will be evaluated by a selection committee comprised of three to five (3-5) members in accordance with Chapter 2 of FAA Advisory Circular (AC) 150/5100-14E. The selection committee may include representatives from the City’s Public Works Department, Airport Division, and other agencies or associations, but the specific composition of the panel will not be revealed prior to the interviews. The selection committee will evaluate each SOQ using the weighted criteria listed below. The City reserves the right to make such additional investigations as it deems necessary and may require the submission of additional information.

Each Proposer/SOQ will be assessed using the following evaluation criteria:

A. Minimum Qualifications (Pass/Fail Phase)

The City will screen all SOQs to ensure compliance with the Minimum Qualifications, identified in Section 4 of this RFQ. A Proposer’s SOQ will be deemed non-responsive and will be rejected without further revaluation if its SOQ does not meet these qualifications.

B. Evaluation Criteria (Scoring Phase)

The selection committee will score SOQs using the criteria outlined below for each of the three disciplines identified above (i.e., environmental, grant management, and construction management services). Proposers that bid on more than one discipline will be scored separately for each discipline:

Item Criteria Weighting Factor

Raw Score

Weighted Overall Score

1 Experience and Qualifications (Experience of the team with relevant projects) 5 (1-5) (Max 25)

2 Project Management and Approach (Highlighting approach to environmental sustainability.) 5 (1-5) (Max 25)

Project Team (Qualifications and specific experience of key team members, including knowledge and experience of key team members with unique local conditions)

4 (1-5) (Max 20)

Reputation (Satisfaction of previous clients, with particular attention to completion of past projects on time and within budget)

4 (1-5) (Max 20)

5 Capacity (Schedule and capacity to provide qualified personnel) 2 (1-5) (Max 10)

Raw Scoring:

5 – Outstanding 4 – Very Good 3 – Satisfactory 2 – Barely Acceptable 1 – Inadequate 0 – Unacceptable

SCORE:

(Max 25)

(Max 100)

The selection committee will evaluate the written proposals based on the above-listed evaluation criteria and will “shortlist” up to five most qualified Proposers based upon the SOQ responses.

The selection committee may conduct interviews of the short-listed Proposers. If interviews are conducted, total scores will be determined by combining the initial scores of the SOQs (based on the evaluation criteria identified above) with the scores from the interviews. However, the selection committee, at its sole discretion, may decide to not interview Proposers and make its selection solely based on the SOQ scores. If such interviews are held, each invited Proposers will have an opportunity to make a brief presentation about its proposal and answer questions from the selection committee. Costs for travel expenses, SOQ preparation, interview preparation and interview time shall be borne by the Proposer.

C. Contract Award

Once the successful Proposer(s) has(have) been determined, City staff will start negotiating the Agreement(s) with the successful Proposer(s) consistent with the requirements of FAA Advisory Circular 150/5100-14E. If the negotiations are not successful, negotiations will be terminated and the next highest ranked Proposer(s) may be asked to negotiate an Agreement with the City.

The City reserves the right to award by item, group of items, or total proposed items, and to award more than one contract at its sole discretion, to the most responsive and responsible Proposer(s).

The City will issue Notice(s) to Proceed after completion of fully executed contract(s).

D. PROPOSED TENATIVE TIMELINE

The tentative RFP timeline is provided for the convenience of the Proposers but may be subject to change at any time by the City. Any such changes will be stated in an addendum to this RFP. The tentative RFQ timeline is as follows:

Issue RFQ June 29, 2023 RFQ Questions Deadline July 7, 2023 1:00 p.m. PDT Responses to Questions July 14, 2023 SOQ Submission Deadline July 21, 2023 3:00 p.m. PDT Short-List July 25, 2023 Interviews (optional) July 27, 2023 Notice of Intent to Award July 28, 2023

The Agreement(s) will be negotiated promptly after the Notice of Intent to Award has been announced to the Proposers.

SECTION 7 GENERAL CONDITIONS

A. Reservation of Rights

This RFQ does not commit the City to select any Proposer for a short-list, to award a contract, or to pay any costs incurred in the preparation of an SOQ in response to this RFQ. The City reserves the right to reject any or all SOQs for its convenience or if in the best interest of the City. The City also reserves the right to waive any informality or irregularity in any SOQ.

The City reserves the right to request changes to the staffing contained in any of the proposals and to enter into negotiations with any of the firm(s) regarding their submittal.

Any and all agreements arising out of an SOQ submitted hereunder (including any negotiations that follow) shall not be binding on the City, its officers, employees or agents unless duly approved and executed by the Palo Alto City Council or the City Manager, in accordance with applicable laws.

B. Representation of Due Diligence

The submission of an SOQ shall be deemed a representation and certification by the Proposer that it has investigated all relevant conditions, facts, circumstances, procedures, requirements and aspects associated with this RFQ, and that it has read and understands the RFQ. Therefore, after receipt of an SOQ by the City, no request for modification of the SOQ and no claim for adjustment of any provisions of the RFQ shall be honored, regardless of any claim by a Proposer that it was not fully informed as to any fact or condition.

A sample Agreement is provided as Exhibit 1 to this RFQ; it should be carefully and completely reviewed. The Proposer should submit any questions regarding the terms and conditions of the Agreement within the time period provided for questions. By submitting an SOQ, the successful Proposer agrees to execute the Agreement in the form attached to the RFQ, except as may be noted in Attachment 2(Acknowledgment and Exceptions) to the Appendix.

SECTION 8 REQUIRED FEDERAL NOTICES

The contract(s) to be awarded in response to this solicitation may be funded in part with federal assistance. As a result, the following federal notices and provisions are included:

A. Affirmative Action

NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL

EMPLOYMENT OPPORTUNITY

1. The Proposer’s attention is called to the “Equal Opportunity Clause” and the “Standard

Federal Equal Employment Opportunity Construction Contract Specifications” set forth herein.

2. The goals and timetables for minority and female participation, expressed in percentage terms for the successful Proposer’s aggregate workforce in each trade on all construction work in the covered area, are as follows:

Timetables Goals for minority participation for each trade: 5%

These goals are applicable to all of a successful Proposer’s construction work (whether or not it is Federal or federally assisted) performed in the covered area. If a successful Proposer performs construction work in a geographical area located outside of the covered area, it shall apply the goals established for such geographical area where the work is actually performed.

With regard to this second area, a successful Proposer also is subject to the goals for both its federally involved and non-federally involved construction.

A successful Proposer’s compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a) and its efforts to meet the goals. The hours of minority and female employment and training must be substantially uniform throughout the length of the contract, and in each trade, and a successful Proposer shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from a successful Proposer from project to project for the sole purpose of meeting the Contractor’s goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4.

Compliance with the goals will be measured against the total work hours performed.

3. A successful Proposer shall provide written notification to the Director of the Office of Federal

Contract Compliance Programs (OFCCP) within 10 working days of award of any construction subcontract in excess of $10,000 at any tier for construction work under the contract resulting from this solicitation. The notification shall list the name, address, and telephone number of the subcontractor; employer identification number of the subcontractor; estimated dollar amount of the subcontract; estimated starting and completion dates of the subcontract; and the geographical area in which the subcontract is to be performed.

4. As used in this notice and in the contract resulting from this solicitation, the “covered area” is California, Santa Clara County, and Palo Alto.

C. Buy American Preference

All successful Proposers agree to comply with 49 USC § 50101, which provides that Federal funds may not be obligated unless all steel and manufactured goods used in AIP funded projects are produced in the United States, unless the Federal Aviation Administration has issued a waiver for the product; the product is listed as an Excepted Article, Material Or Supply in Federal Acquisition Regulation subpart 25.108; or is included in the FAA Nationwide Buy American Waivers Issued list.

By submitting an SOQ, the Proposer certifies that it is aware of and will comply with all relevant obligations.

B. Civil Rights – Title VI Assurances

The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat.

252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all Proposers that it will affirmatively ensure that any Agreement entered into pursuant to this RFQ solicitation, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

C. Davis Bacon Act Requirements

The Agreement(s) will be subject to the Davis Bacon Act, which ensures that laborers and mechanics employed under the contract receive pay no less than the locally prevailing wages and fringe benefits as determined by the Department of Labor.

By submitting an SOQ, the Proposer certifies that it is aware of and will comply with all relevant obligations.

D. Debarment and Suspension Certification

By submitting an SOQ, the Proposer certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction

D. Disadvantaged Business Enterprise Participation

The City’s award of this contract is conditioned upon Proposer satisfying the good faith effort requirements of 49 CFR §26.53. As a condition of bid responsiveness, the Proposer must submit the following information with its SOQ:

1. The names and addresses of Disadvantaged Business Enterprise (DBE) firms that will participate in the contract;

2. A description of the work that each DBE firm will perform;

3. The dollar amount of the participation of each DBE firm listed under (1);

4. Written statement from Proposer that attests its commitment to use the DBE firm(s) listed under (1) to meet the City’s project goal; and

5. If Proposer cannot meet the advertised project DBE goal, evidence of good faith efforts undertaken by the Proposer as described in appendix A to 49 CFR part 26.

E. Foreign Trade Restriction Certification

By submission of an SOQ, the Proposer certifies that with respect to this solicitation and any resultant contract, the Proposer

1. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR);

2. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country included on the list of countries that discriminate against U.S. firms as published by the USTR; and

3. has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR.

This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section 1001.

A successful Proposer must provide immediate written notice to the Owner if the it learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Proposer must require subcontractors provide immediate written notice to the Proposer if at any time it learns that its certification was erroneous by reason of changed circumstances.

Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no contract shall be awarded to a Proposer or subcontractor:

1. who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or

2. whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or

3. who incorporates in the public works project any product of a foreign country on such USTR list.

Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

The Proposer agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Proposer may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous.

This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Proposer or subcontractor knowingly rendered an erroneous certification, the FAA may direct through the City cancellation of the contract or subcontract for default at no cost to the City or the FAA.

F. Lobbying and Influencing Federal Employees

The Proposer certifies by signing and submitting an SOQ, to the best of its knowledge and belief, that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Proposer, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

G. Procurement of Recovered Materials

Contractor and subcontractor agree to comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, and the regulatory provisions of 40 CFR Part 247.

SECTION 9 EXHIBITS

1. Sample On-Call Professional Services Agreement

Professional Services

Rev. Dec.15, 2020

(USE FOR PROFESSIONAL SERVICES – DESIGN and NON-DESIGN)

CITY OF PALO ALTO CONTRACT NO.

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF PALO ALTO AND

This Agreement for Professional Services (this “Agreement”) is entered into as of the day of , (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and , a , located at

(“CONSULTANT”).

The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:

RECITALS

A. CITY intends to (the “Project”) and desires to engage a consultant to in connection with the Project (the “Services”, as detailed more fully in Exhibit A).

B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.

C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.

NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:

SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.

Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)

CITY may elect to, but is not required to, authorize on-call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation).

CONSULTANT shall provide on-call Services only by advanced, written authorization from CITY as detailed in this Section. On-call Services, if any, shall be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1 entitled “PROFESSIONAL SERVICES TASK ORDER”.

Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.

Compensation for on-call Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.

To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on-call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement.

SECTION 2. TERM.

The term of this Agreement shall be from the date of its full execution through unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.

OR

The term of this Agreement shall be from the date of its full execution through completion of the Services in accordance with Exhibit B, entitled “SCHEDULE OF PERFORMANCE”, unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.

SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.

CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.

SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Dollars ($ ).

The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.

Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)

In addition to the not-to-exceed compensation specified above, CITY has set aside the not-to-exceed compensation amount of Dollars ($ ) for the performance of Additional Services (as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Dollars ($ ), as detailed in Exhibit C.

“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.

To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4.

CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.

SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the Services performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.

SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it, its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.

SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.

SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.

SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the Project design with the budget,…