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Attachment 1TOWN OF LOS GATOS DEPARTMENT OF PARKS AND PUBLIC WORKS 41 MILES AVENUE, LOS GATOS, CA 95030 REQUEST FOR PROPOSALS Highway 17 Bicycle and Pedestrian Bridge Feasibility Analysis and Conceptual Engineering PROPOSAL SUBMITTAL DEADLINE: DATE: July 15, 2019 TIME: 1:00 pm Submit by email to: ysmith@losgatosca.gov ATTACHMENT 1 RFP RFP – Highway 17 Bicycle and Pedestrian Bridge Page 2 REQUEST FOR PROPOSAL S 1. INTRODUCTION The Town of Los Gatos (Town) is issuing this Request for Proposals (RFP) for a Feasibility Analysis and Conceptual Engineering for the Highway 17 Bicycle and Pedestrian Bridge. The selected Consultant team is expected to provide the following areas of expertise: professional conceptual engineering design, structural engineering, initial environmental analysis, and project management as outlined in the RFP. Project background and scope of work, including a project location map, are included in Attachment A. Minimum Qualifications of Personnel – The Consultant shall meet, at a minimum, the appropriate professional qualifications as required to complete the work outlined in the RFP and as required by State Law and the contract. The responsible consultant/engineer shall sign all Plans, Specifications, Special Provisions, and Estimate (PS&E) and engineering data and reports furnished under the contract including the engineer’s registration number and expiration date. 2. ATTACHMENTS The attachments below are included with this RFP. Attachment A – Project Background and Scope of Work Attachment B – Town of Los Gatos Standard Agreement 3. INSTRUCTIONS TO PROPOSERS 3.1 Pre-proposal Conference: None 3.2 Examination of Proposal Documents. The submission of a proposal shall be deemed a representation and certification by the Proposer that they: 3.2.1 Have carefully read and fully understand the information that was provided by the Town to serve as the basis for submission of this proposal. 3.2.2 Have the capability to successfully undertake and complete the responsibilities and obligations of the proposal being submitted. 3.2.3 Represent that all information contained in the proposal is true and correct. 3.2.4 Did not, in any way, collude, conspire to agree, directly or indirectly, with any person, firm, corporation or other Proposer in regard to the amount, terms or conditions of this proposal. 3.2.5 Acknowledge that the Town has the right to make any inquiry it deems appropriate to substantiate or supplement information supplied by Proposer, and Proposer hereby grants the Town permission to make these inquiries, and to provide any and all related documentation in a timely manner. RFP – Highway 17 Bicycle and Pedestrian Bridge Page 3 3.3 No request for modification of the proposal shall be considered after its submission on grounds that Proposer was not fully informed of any fact or condition. 3.4 The Proposer bears all costs of preparing and submitting its proposal consistent with the requirements outlined in this RFP 3.5 Questions Any questions by the Proposer regarding this RFP or the attachments must be put in writing and received by the Town per Item 5, RFP Timeline. Correspondence shall include in the email subject line: Questions for Highway 17 Bicycle and Pedestrian Bridge RFP and be addressed to: Ying Smith, Transportation and Mobility Manager E-mail: ysmith@losgatosca.gov and Lisa Petersen, Assistant Parks and Public Works Director and Town Engineer E-mail: LPetersen@losgatosca.gov The Town shall not be responsible for nor be bound by any oral instructions, interpretations, or explanations issued by the Town or its representatives. Responses from the Town to questions by any Proposer will be communicated in writing to all recipients of this RFP. Questions received after the date and time stated above will not be accepted or responded. 3.6 Addenda Addenda to this RFP, if issued, will be sent to all prospective Consultants the Town of Los Gatos - Parks and Public Works Department has specifically e-mailed a copy of the RFP to and will be posted on the Town of Los Gatos - Parks and Public Works Department website at: https://www.losgatosca.gov/2258/RFPRFQ Submittal of Proposals Proposals should be in electronic format, submitted via email as attachment(s) with the email subject line: Highway 17 Bicycle and Pedestrian Bridge. Verification of receipt of proposal is the responsibility of the submitting firm. Proposals must be delivered per Item 5, RFP Timeline. Printed copies are optional. All proposals received after that time will not be accepted. All proposals shall be submitted to: Ying Smith Department of Parks and Public Works 41 Miles Avenue Los Gatos, CA 95030 E-mail: ysmith@losgatosca.gov 3.7 Withdrawal of Proposals RFP – Highway 17 Bicycle and Pedestrian Bridge Page 4 A Proposer may withdraw its proposal at any time before the expiration of the time for submittal of proposals as provided in the RFP by delivering a written request for withdrawal signed by, or on behalf of, the Proposer. 3.8 Project Funding This phase of the project is funded with Town of Los Gatos and Transportation Development Act Article 3 (TDA 3) dollars, requiring the Consultant to follow all pertinent local regulations. The future phases of the project, including preliminary engineering, final design and engineering, environmental clearance, right of way, and construction, may be funded by various sources, including federal dollars. Therefore, the development of the current phase should consider compatibility with the potential future funds. The Town is considering an application to the Measure B Bike/Pedestrian Capital Projects Competitive Grant program for the design phases of the project. The Call- for-Projects for the Measure B program is expected in late summer or fall of 2019. 4. RIGHTS OF THE TOWN OF LOS GATOS This RFP does not commit the Town to enter into a contract, nor does it obligate the Town to pay for any costs incurred in preparation and submittal of proposals or in anticipation of a contract. The Town reserves the right to: ▪ Make the selection based on its sole discretion; ▪ Reject any and all proposals; ▪ Issue subsequent Requests for Proposals; ▪ Postpone opening proposals for its own convenience; ▪ Remedy errors in the Request for Proposals process; ▪ Approve or disapprove the use of particular subconsultants; ▪ Negotiate with any, all or none of the Proposers regarding project scope; ▪ Accept other than the lowest cost offer; ▪ Waive informalities and irregularities in the Proposals; and/or ▪ Enter into an agreement with another Proposer in the event the originally selected Proposer defaults or fails to execute an agreement with the Town. An agreement shall not be binding or valid with the Town unless and until it is executed by authorized representatives of the Town and of the Proposer. 5. RFP TIMELINE The Town intends to select a firm within thirty days following the submission deadline. The Town may, at its own discretion, conduct interviews and other evaluations of some, all, or none of the applicants prior to selection. The Town will select the firm that best meets the needs of the Town. RFP and Project Schedule (Tentative): Public release of Request for Proposal June 18, 2019 Questions from Proposer July 5, 2019 by 5:00 pm Town Response to questions from proposers July 9, 2019 by 5:00 pm Deadline for Proposal Submittals July 15, 2019 by 1:00 pm Interview (if required) July 23 - 24, 2019 RFP – Highway 17 Bicycle and Pedestrian Bridge Page 5 Selection of top-rated firms for scope refinement July 26, 2019 Notice of Award (approximate) August 19 – 23, 2019 Notice to Proceed (tentative) August 30, 2019 First Delivery: Alignment Analysis October 25, 2019 Final Delivery Spring 2020 6. INFORMATION TO BE SUBMITTED These guidelines govern the format and content of the proposal. The intent of the RFP is to encourage responses that clearly communicate the Proposer’s understanding of the Town’s requirements and the firm’s ability to meet those requirements. In addition to the items included within this RFP, including Attachments A and B, the proposal should include the following information referenced by letter for ease of identification: 6.1 Consultant Qualifications and Experience: Provide details of the team’s qualifications and experience, including any unique qualifications. Provide Examples of projects with similar scope. 6.2 Organization and Approach: Describe the roles and organization of your proposed team for this project. Describe your project and management approach and identify the Project Manager. Describe the roles of key individuals on the team. Provide resumes and references for all key team members. 6.3 Scope of Services: Prepare a detailed Scope of Services per Attachment A of the RFP. Describe project deliverables for each phase of your work. 6.4 Schedule of Work: Provide a detailed schedule for all tasks/phases of the project and the proposed Consultant’s services, including time for reviews and approvals. The schedule shall meet the Project Schedule as shown in Item 5 of the RFP or shall be modified with explanation as to why an alternate schedule is being proposed. 6.5 Cost Proposal: All labor costs, overhead costs, sub-consultant costs, and direct expenses should be included. Costs must be shown in a matrix format, by task grouping (as negotiated), and show hours per staff member, base labor rates, and overhead and profit rates. 6.6 Identify any exceptions taken to Attachment B – Standard Agreement, per Item 8, Contract Type and Method of Payment. 6.7 Additional supporting documentation as the proposer’s discretion. RFP – Highway 17 Bicycle and Pedestrian Bridge Page 6 7. EVALUATION CRITERIA AND SELECTION PROCESS Based on the proposals and interviews, proposers will be evaluated according to each Evaluation Criteria. The Evaluation Criteria Summary and their respective weights are as follows: No. Evaluation Criteria Weight 1 Completeness of Response Pass/Fail 2 Qualifications & Experience 20 3 Organization & Approach 20 4 Scope of Services to be Provided 25 5 Schedule of Work 20 6 Cost 15 Total: 100 After proposal evaluation and interviews, Town staff will meet with the top-rated firm(s) to discuss and develop a final scope of services and an updated cost proposal. If the Town is unable to reach agreement with the top-rated firm, the Town may choose to negotiate with additional firms. 8. CONTRACT TYPE AND METHOD OF PAYMENT It is anticipated that the agreement resulting from this RFP, if awarded, will be an Agreement for Services. Proposers shall be prepared to accept the terms and conditions of the Agreement, including Insurance Requirements. If a Proposer desires to take exception to the Agreement, Proposer shall provide the following information of their submittal package. ▪ Proposer shall clearly identify each proposed change to the Agreement, including all relevant Attachments. ▪ Proposer shall furnish the reasons for each proposed change, as well as specific recommendations for alternative language. The above factors will be taken into account in evaluating proposals. The Town pays net 30 days of invoice for work performed. 9. INSURANCE REQUIREMENTS The selected Proposer(s), at Proposer’s sole cost and expense and for the full term of the agreement or any extension thereof, shall obtain and maintain, at a minimum, all of the insurance requirements as outlined in the Town Standard Agreement. All policies, endorsements, certificates and/or binders shall be subject to the approval of the Town of Los Gatos as to form and content. These requirements are subject to amendment or waiver, if so approved in writing by the Town of Los Gatos. The selected Proposer agrees to provide the Town with a copy of said policies, certificates and/or endorsement upon award of Agreement. RFP – Highway 17 Bicycle and Pedestrian Bridge Page 7 10. PUBLIC NATURE OF PROPOSAL MATERIAL Responses to this RFP become the exclusive property of the Town of Los Gatos. At such time as the Town awards a contract, all proposals received in response to this RFP become a matter of public record and shall be regarded as public records, with the exception of those elements in each proposal which are defined by the Proposer as business or trade secrets and plainly marked as “Confidential,” “Trade Secret,” or “Proprietary.” The Town shall not in any way be liable or responsible for the disclosure of any such proposal or portions thereof, if they are not plainly marked as “Confidential,” “Trade Secret,” or “Proprietary,” or if disclosure, in the Town’s sole discretion, is required under the California Public Records Act as addressed below. Any proposal which contains language purporting to render all or significant portions of the proposal “Confidential,” “Trade Secret,” or “Proprietary” shall be regarded as non-responsive. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the Town of Los Gatos may determine, in its sole discretion that the information that a Proposer submits is not a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” or “Proprietary,” the Town shall provide the Proposer who submitted the information reasonable notice to allow the Proposer to seek protection from disclosure by a court of competent jurisdiction, at the Proposer's sole expense. 11. COLLUSION By submitting a proposal, each Proposer represents and warrants that its proposal is genuine and made in the interest of or on behalf of any person named therein; that the Proposer has not directly induced or solicited any other person to submit a sham proposal or any other person to refrain from submitting a proposal; and that the Proposer has not in any manner sought collusion to secure any improper advantage over any other person submitting a proposal. 12. DISQUALIFICATION Factors, such as, but not limited to, any of the following, may disqualify a proposal without further consideration: ▪ Evidence of collusion, directly or indirectly, among Proposers in regard to the amount, terms or conditions of this proposal; ▪ Any attempt to improperly influence any member of the evaluation team; ▪ Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the Town; ▪ Evidence of incorrect information submitted as part of the proposal; ▪ Evidence of Proposer’s inability to successfully complete the responsibilities and obligations of the proposal; and ▪ Proposer’s default under any previous agreement with the Town. 13. NON-CONFORMING PROPOSAL A proposal shall be prepared and submitted in accordance with the provisions of these RFP instructions and specifications. Any alteration, omission, addition, variance, or limitation of, from or to a proposal may be sufficient grounds for non-acceptance of the proposal, at the sole discretion of the Town. RFP – Highway 17 Bicycle and Pedestrian Bridge Page 8 14. GRATUITIES No person shall offer, give or agree to give any Town employee any gratuity, discount or offer of employment in connection with the award of contract by the Town. No Town employee shall solicit, demand, accept or agree to accept from any other person a gratuity, discount or offer of employment in connection with a Town contract.