04 Attachment 1 - RFQ for Materials Testing and Special InspectionsTown of Los Gatos
REQUEST FOR QUALIFICATIONS
ON‐CALL MATERIALS TESTING AND SPECIAL INSPECTION
SERVICES
Date Issued: December 17, 2020
Statement of Qualifications Deadline: Thursday, January 14, 2021 by
4:00p.m.
Virtual Pre‐Proposal Meeting: Wednesday, December 23, 2020 at 10:00 a.m.
Issued By: Town of Los Gatos
Parks and Public Works Department
41 Miles Avenue
Los Gats, CA 95030
www.losgatosca.gov
ATTACHMENT 1
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Request for Qualifications
On-Call Materials Testing and Special Inspection Services
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TABLE OF CONTENTS
ON‐CALL MATERIALS TESTING AND INSPECTION SERVICES
A. PURPOSE ................................................................................................................................ 3
B. OVERVIEW ............................................................................................................................. 3
C. MINIMUM QUALIFICATIONS .................................................................................................. 5
D. General Provisions and Requirements ................................................................................... 6
E. Proposed Scope of Services ................................................................................................... 7
F. Additional Services ................................................................................................................. 8
G. SOQ Format and Submission Requirements .......................................................................... 9
Submitting the SOQ: ................................................................................................................. 9
Addenda .................................................................................................................................. 11
H. Evaluation Process ............................................................................................................... 11
SOQ Evaluation Criteria ........................................................................................................... 12
Oral Interview (if necessary) ................................................................................................... 13
I. Additional Information ........................................................................................................ 14
J. Attachments ........................................................................................................................ 17
THIS FORM MUST BE PRINTED OUT, COMPLETED AND SUBMITTED WITH THE STATEMENT OF
INTEREST (SOQ):
ATTACHMENT 1 – QUALITY ASSURANCE PROGRAM
ATTACHMENT 2 ‐ CONFLICT OF INTEREST STATEMENT
ATTACHMENT 3 – NON‐COLLUSION DECLARATION
ATTACHMENT 4 ‐ REFERENCES
ATTACHMENT 5 ‐ STATEMENT REGARDING INSURANCE COVERAGE AND WORKER’S
COMPENSATION INSURANCE ACKNOWLEDGMENT CERTIFICATE
ATTACHMENT 6 ‐ SAMPLE CONSULTANT SERVICES AGREEMENT
Schedule of Activities: The Town reserves the right to amend the schedule below as necessary.
Activity Anticipated Dates
RFQ release December 17, 2020
Pre‐Proposal Meeting December 23, 2020.
Deadline for Questions Submitted By January 8, 2020
SOQ Submission Deadline (4:00 p.m.) January 14, 2021
SOQ Evaluation January 2021
Consultant Interviews/Presentations (if necessary) February 2021
Contract Negotiations and Execution March 2021
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On-Call Materials Testing and Special Inspection Services
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Town’s Contact: For all questions related to the RFQ, email the Town’s Contact listed below:
Janice Chin
Assistant Engineer
Town of Los Gatos
Parks and Public Works Department
41 Miles Avenue
Los Gats, CA 95030
jchin@losgatosca.gov
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ON‐CALL MATERIALS TESTING AND SPECIAL INSPECTION SERVICES
Statement of Qualifications Due: Thursday, January 14, 2021, by 4:00 p.m.
Pre‐Proposal Meeting: Voluntary Pre‐proposal meeting is scheduled for 10:00 am on
Wednesday, December 23, 2020. The meeting shall be hosted via Zoom (web conference). At
the pre‐proposal meeting, Town staff will go over the Request for Qualifications (RFQ) and host
a Q&A session. Consultants planning to participate should email the Town’s Contact, Janice
Chin, at jchin@losgatosca.gov to obtain the web link and a password for the meeting by
Tuesday, December 22, 2020.
Proposers may view and download this RFQ electronically from the Town’s website at
https://www.losgatosca.gov/2258/RFPRFQ. The Proposers are responsible for checking the
Town’s website for any updates and addenda related to this RFQ. For any questions or
assistance, please reach out to the Town’s contact.
A. PURPOSE
The Town of Los Gatos (Town) is seeking Statements of Qualification (SOQs) from qualified
professional consultants (Proposers) to provide on‐call materials testing and special inspection
services for the Town’s capital improvement projects (CIPs) and other projects within the Town
for a one‐year contract term with the option to extend one additional year.
B. OVERVIEW
The Town is a general‐law city incorporated in 1887. The Town’s Parks and Public Works
Department (PPW) is responsible for improving and maintaining the Town’s infrastructure and
assets. The budget for the Fiscal Year (FY) 2020‐2021 Capital Improvement Program is $33.5
million.
Potential CIPs that may require materials testing and special inspection services in 2021 include,
but not limited to:
Projects Anticipated Start Timeline
Annual Street Repair and Resurfacing Project Spring or Summer 2021
Annual Curb, Gutter, and Sidewalk Maintenance Spring 2021
Guardrail Replacement Spring 2021
Traffic Signal Modernization Spring or Summer 2021
Shannon Road Repair Fall 2021
Building Replacement at Corporation Yard Fall 2021
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Through this RFQ process, the Town is looking to secure a consultant services agreement with a
qualified professional materials testing and inspection firm to provide on‐call services described
herein. From the SOQs received, the Town intends to hire the best qualified firm for the
services for a one‐year contract term with the option to extend one additional year. The Town
reserves the right to award more than one contract for the services depending on the SOQs
received and the capacity and expertise of the Proposers.
The selected firm will perform services on a “Time and Materials” basis based on a set fee
schedule negotiated and pre‐approved for the contract. Travel time and mileage to and from
the Town should not be included or charged as part of the services. Travel time and mileage
between jobsites within the Town related to services rendered should be incorporated into the
rates in the fee schedule. Billable work hours or durations will be based on on‐site hours and no
more than a 2‐hour minimum shall be allowed for durations less than 2 hours. Office and
laboratory service hours shall be based on the actual hours expended. For materials testing and
special inspection services not identified in the fee schedule, the specific scope and costs shall
be specified and negotiated based on industry standards and best practices before services are
rendered.
The contract amount or capacity for the services within the first one‐year contract period shall
not exceed $180,000. If deemed necessary by the Town to increase the contract amount, an
amendment to the consultant services agreement would be required which would be need an
approval from the Town Council.
On‐Call Services:
The selected firm shall perform materials testing and special inspection services for various CIPs
and other Town projects on an as‐needed basis. Services to be performed under the contract
shall be authorized and funded through individual projects that require the services. For each
project, the Town’s project manager will request a time and material not‐to‐exceed quote or
estimate for the services. The selected firm must provide quotes based on the fee schedule pre‐
approved for the contract. If the services required for a project is not listed on the fee schedule,
the scope and fee shall be negotiated with the Town’s project manager.
The not‐to‐exceed quote or estimate for the services must be approved by the Town’s project
manager, and a Purchase or Task Order issued by the Town (reserving the contract amount for
that project) before performing services on the project. The selected firm must track testing
and inspection services rendered separately for each project since separate monthly invoices
would be required for projects. Invoices should include the project name, project number,
Purchase/Task Order number, and date and type of services rendered, and be submitted to the
Town’s project manager responsible for the project.
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The Town’s Contact would act as the contract administrator to track all services rendered and
address contracting requirements. Once the total invoiced amount for the contract nears the
$180,000 capacity, the Town’s Contact shall be notified to address additional capacity needs.
The Town’s project managers or authorized members will make best efforts to provide a
minimum 48‐hour notice to schedule testing and inspection services. There will be instances
when only 24‐hour or less notice is provided for services needed.
Once the materials testing and special inspection services is completed for the project, the
remaining unbilled amounts in the Purchase or Task Orders shall be released back to the
contract capacity for other projects.
Again, the Town has the option to extend the on‐call contract for another year depending on
the performance of the selected firm. For the contract extension, the selected firm is allowed to
adjust the pre‐approved fee schedule based on the Engineering News‐Record’s (ENR’s)
Construction Cost Index for the area and the period.
C. MINIMUM QUALIFICATIONS
The Town is seeking SOQs from Proposers with the following minimum qualifications with work
experience within the greater San Francisco Bay Area:
1. Certified to perform typical materials testing and special inspection services for a public
works agency projects and for Federal Aid transportation projects. Sampling technicians,
inspectors, materials testing laboratories, and special inspectors must be trained and
certified to perform services.
2. Experienced and capable of performing special inspections for structural concrete, steel,
reinforcement bars, retaining walls, foundations, welding, and other structural and
mechanical systems.
3. The laboratory shall be accredited/certified by the State of California and be under the
management of a California Registered Professional Engineer to provide materials
testing, including for federal aid projects.
4. The firm shall employ testing, inspection, and laboratory personnel who are certified by
one or more of the following entities:
- Caltrans District Materials Engineer
- Nationally recognized non‐Caltrans organizations such as the American Concrete
Institute, American Asphalt Institute, National Institute of Certification of the
Engineering Technologies, etc.
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- Other recognized organizations approved by the State of California and/or
recognized by local governments or private associations.
5. Available and willing to frequently travel to the Town for services.
Furthermore, Proposers shall also comply with the following provisions:
1. Each Proposer is responsible for determining and complying with all applicable business
licensing requirements necessary to complete the Project’s scope of work. The
successful Proposer shall be required to provide evidence to the Town that it is
authorized to do business in California prior to the award of the contract.
2. Each Proposer is responsible for determining and complying with all applicable
professional licensing requirements necessary to complete the Project’s scope of work.
3. If applicable, California Department of Industrial Relations (“DIR”) Registration is
required. If applicable, the Proposer will be required to certify that it has verified that its
subcontractors on this Project are registered with DIR in compliance with Labor Code
sections 1771.1 and 1725.5 and the Proposer shall provide such proof of registration to
the Town.
D. General Provisions and Requirements
1. All the services furnished by the Consultant shall be in accordance with the professional
standards and quality which prevail among inspection and materials testing
professionals, of similar knowledge and skill engaged in related work throughout
California, under the same or similar circumstances. All documentation prepared by
Consultant shall provide for a completed project that conforms to all applicable codes,
rules, regulations and guidelines which are in effect at the time such a documentation is
prepared.
2. The Consultant, subconsultant, and laboratories must possess proper licenses to
perform the services in the State of California.
3. Inspection and testing for federal aid projects must comply with the current Town’s
Quality Assurance Program (see Attachment 1).
4. The Consultant shall coordinate with the Town’s project managers for individual
projects as necessary to obtain authorization to perform and schedule services.
5. Questions related to the contract administration matters should be directed to the
Town’s Contact.
6. The Consultant should not assume any responsibilities or duties of contractors or the
design professional.
7. The Consultant shall maintain the consultant’s key personnel throughout the entire
duration of services; and therefore, the Consultant shall conduct their business in a
professional manner to schedule and support their personnel to provide the scope of
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services in a timely and professional manner. The Town must approve of any key
personnel change in advance through personnel qualifications review and oral
interviews with Town staff.
8. The Consultant shall verify that all information submitted to the Town is up to the
Consultant’s professional standards and satisfaction. Note and report any discrepancies
observed in the course of professional activities covered by the services.
9. Deliverables will be submitted in electronic format (PDF) and in native document
formats such as Word, Excel, AutoCAD, etc. unless otherwise specified.
E. Proposed Scope of Services
The Consultant shall provide the PPW Department with on‐call materials testing and special
inspection services for various Town CIPs and other projects within the Town. The Consultant
shall coordinate with the Town’s project managers for each project when services are required.
Here is the general outline of the process involved to secure materials testing and special
inspections services for each project:
1. As requested by the Town’s project manager, the Consultant shall review the design or
construction documents for the project to assess the testing and inspection needs. If the
project documents are not available, the Consultant shall assess the needs of the project
and make recommendations to the Town’s project manager to best address the
materials testing and special inspection needs. The Consultant may also need to conduct
field visits and meet with Town staff as needed for the recommendations.
2. Provide a not‐to‐exceed proposal/quote for the services and deliverables based on the
fee schedule pre‐approved for the contract. Provide as much details regarding the scope
of services in the proposal/quote including deliverables and project records/reports to
be maintained.
3. If services required are not in the pre‐approved fee schedule, negotiate appropriate fees
with the Town’s project manager.
4. Once the scope and cost of services for the project is negotiated and approved by the
Town’s project manager, obtain a copy of the approved Purchase or Task Order or a
written directive from the Town before starting services.
The Consultant shall be responsible for efforts involved in assessing the materials testing and
special inspection services needed, providing a quote, and securing the approval to initiate the
services for a project. The Town should not be billed for efforts involved with providing a
proposal/quote.
Materials testing and special inspection services shall be performed as specified in the design or
construction documents, which often refers to the California Department of Transportation
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(Caltrans) Standard Specifications and Plans. If testing requirements are not identified, the
Consultant shall make recommendations to the Town’s project manager based on industry
standards and best practices.
Here is a list of few materials testing and special inspections services sought for Town projects:
- Material sampling
- Compaction curves/R‐value/sand equivalent/sieve analysis/durability
- Soil or aggregate base compaction testing
- Concrete compression strength
- Hot mix asphalt test
- AC modifier
- Crumb Rubber Modifier
- Asphalt rubber binder
- Asphaltic emulsion
- Spray rate
- Structural steel and welding
- Staff augmentation for construction inspections
Within one working day of completing each test, the Consultant shall provide the Town
with a written notice describing the test performed and the results of the test, while indicating
whether the results are in compliance with the standards and requirements contained in the
design and construction documents. If compliance was not achieved, the written notice should
include what corrective action is needed to obtain compliance.
Prepare a report of the inspection and/or testing results and conclusions/recommendations.
Upon receipt of the analytical results, the Consultant shall prepare a summary letter comparing
the analytical data to the governing allowable limits. The Summary Report will include copies of
the laboratory reports and a sample location map. The Summary Report will provide
conclusions and recommendations. Summary report shall be provided to Town staff within one
week of receipt of the analytical results. The Consultant may be required to assist the Town in
obtaining approvals and/or permits from County, State, and Federal agencies as required.
F. Other Services
Proposers shall list other specific services that they can provide as related to the On‐Call
Materials Testing and Special Inspection Services. Proposers should also state if they are able to
provide hazardous materials testing services. The Town will consider other services to be
included in the scope of services for the consultant services agreement. Proposers should
submit their general fee schedule for all services that they can provide.
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G. SOQ Format and Submission Requirements
Submitting the SOQ:
The SOQ must be received by the Town no later than Thursday, January 14, 2021 by 4:00 pm
PST. The Town requires that all SOQs be submitted electronically via email or file sharing sites.
The SOQ shall be clearly marked for “Town of Los Gatos‐Materials Testing and Special
Inspection Services” and emailed to:
Janice Chin
Assistant Engineer
Town of Los Gatos – Parks and Public Works
jchin@losgatosca.gov
Each Proposer is responsible for confirming the Town’s receipt of the SOQ. The Town email
system has file size limitations; therefore, receipt confirmation is critical. Receipt of a SOQ by
any other Town office will not constitute “delivery” as required by this RFQ. Each Proposer
assumes full responsibility for timely delivery of its SOQ. Any SOQs received after the time and
date specified above will be considered nonresponsive and will be returned to the consultant.
No Proposer may submit more than one SOQ for the Project.
Each SOQ must include the following information:
Cover Letter (Maximum 2 pages) – Cover letter giving an overview of the Proposer’s
general expertise, experience, and ability to perform the scope of services described in
this RFQ. The cover letter shall be signed by an authorized representative of the firm.
Attachment 6 is the Town’s contract template for the Consultant Services Agreement. In
the cover letter, state that the Town’s contract template is acceptable to the Proposer
or list any exceptions or change requests to the contract provisions.
Certification Forms – Complete and sign the following certification forms:
Attachment 2‐Conflict of Interest Statement
Attachment 3‐Non‐Collusion Declaration
Attachment 5‐Statement regarding Insurance Coverage and Worker’s
Compensation Insurance Acknowledgment Certificate
Review of Scope of Services (Maximum 2 pages) – Proposers must comment on the
firm’s ability to realistically provide the services listed in the Proposed Scope of Services
as outlined. Provide comments and suggest modifications, changes, and/or additions as
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appropriate. Indicate how your firm/team would approach the project and what
specialized services or unique insights your team would bring to the project.
Experience and Expertise – Discuss prior related project experience satisfying Minimum
Qualifications for the Project and what would make the firm the best qualified for this
Project. Emphasize projects of similar scope and magnitude. Discuss the firm’s
experience in the accurate coordination of trades and sub‐consultants and the quality
control process. Discuss the firm’s ability to meet schedules and ability to control costs.
Qualifications of Key Personnel – Identify the project manager and key individuals on
the consultant team and their resumes highlighting relevant qualifications and
experiences. State projects that they were assigned to and their specific roles and
responsibilities. Provide a statement regarding the firm’s commitment to keep the same
personnel throughout the Project. Indicate how your firm’s resources will work together
to complete this Project. Identify additional resources available in your firm.
Sub‐Consultants – Identify any sub‐consultants your firm may utilize. Include resumes of
key individuals who will be directly involved in this Project and briefly describe any past
involvement in joint projects with these sub‐consultants. Indicate why the particular
sub‐consultant has been selected to work on the Project team. Indicate how the prime
firm will ensure quality control and coordination of documents between the prime and
the various sub‐consultants.
References (complete Attachment 4) – A minimum of three (3) current references from
past projects (of similar scope) completed by the proposed project manager and/or
project team should be provided. All references must contain relevant projects
completed within the past five (5) years. Provide the following information for each
reference:
Firm, Owner, or Agency Name
Address, Telephone Number
Email Address
Project Description
List of Services Provided
Insurance Coverage – Identify carriers, A.M. Best ratings, and types and limits of
insurance carried by your firm. If selected by the Town, the Consultant shall maintain
minimum coverage requirements for commercial general liability, automobile liability,
professional liability, and workers’ compensation as specified in the Consultant Services
Agreement. The Consultant may achieve the required limits and coverage through a
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combination of primary and excess or umbrella liability insurance provided such policies
result in the same or greater coverage as the coverages required by Town, and in no
event shall any excess or umbrella liability insurance provide narrower coverage than
the primary policy. If selected by the Town, the Consultant shall cause the insurance
policies required herein to include the Town, and their respective officials, officers,
employees, and volunteers as additional insureds for claims caused in whole or in part
by the Consultant’s negligent acts or omissions. The Consultant shall provide certificates
of insurance to the Town that evidence compliance with the above.
Preliminary Fee Schedule – Submit a Preliminary Fee Schedule for various services
provided by the Proposer. The Preliminary Fee Schedule shall be inclusive of all work
and labor including, but not limited to, the Consultant’s costs for site visits and travel
expenses. Also, submit the Preliminary Fee Schedule of sub‐consultants.
Addenda
If any revisions to this RFQ become necessary, the Town shall provide responses and
clarifications to questions via addenda. The last day for issuance of an addendum is Monday,
January 11, 2021. A Proposer shall submit any questions or requests for clarification to the
Town’s Contact by Friday, January 8, 2021.
Addenda to this RFQ, if issued, will be posted on the Town’s website at
https://www.losgatosca.gov/2258/RFPRFQ. All proposers shall verify that the Town has issued
any addenda for this Project prior to submitting the SOQ and ensure that all requirements of
addenda are included.
H. Evaluation Process
Town staff will review the SOQs and will rank the Proposers. The evaluation of SOQs shall be
within the sole judgment and discretion of the Town. All contacts during the evaluation phase
shall be through the Town’s Contact only. Proposers shall neither contact nor lobby evaluators
during the evaluation process. Attempts by the Proposer to contact any reviewers of the SOQs
with the exception of the Town’s Contact may jeopardize the integrity of the evaluation and
selection process and risk possible disqualification.
During the SOQ evaluation process, written questions or requests for clarification may be
submitted by the Town to a Proposer regarding its SOQ or related matters. Failure to respond in
a timely manner to any such questions or requests may be grounds for elimination of the
Proposer from further consideration.
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Town staff will evaluate each SOQ meeting the qualification requirements set forth in this RFQ.
After the review of SOQ, the highest‐ranked Proposers may be invited for oral interviews as
part of the selection process, if necessary. The Proposer will be notified of the time and place of
oral interviews and if any additional information may be required to be submitted.
The Town shall be the sole judge of the evaluation of all SOQs. The Town’s decision(s) shall be
final. The Town reserves the right to reject any and all SOQs and waive any irregularity or minor
defects in any SOQ received.
SOQ Evaluation Criteria
Following criteria shall be used to evaluate the SOQs:
1. Conflict of Interest Statement and Non‐Collusion Declaration (Pass/Fail)
a. Discloses any financial, business or other relationship with the Town that may
have an impact upon the outcome of the contract or the construction project.
b. Lists current clients who may have a financial interest in the outcome of this
contract or the construction project that will follow.
c. Discloses any financial interest or relationship with any construction company
that might submit a bid on the construction project.
2. Completeness/Organization of the SOQ (15 points)
a. SOQ that is current, accurate, and complete in accordance with the
requirements of this RFQ. The SOQ format and organization shall follow the
requirements herein. SOQs that do not include the content requirements
identified within this RFQ and subsequent addenda and do not address items
listed shall be considered incomplete.
3. Organization and Approach (20 points)
a. Describes familiarity of the Project and demonstrates understanding of any work
completed to date, if applicable, and Project objectives moving forward.
b. Project team and management approach when responding to Project issues. The
team structure shall provide adequate capability to perform both volume and
quality of needed work within Project schedule milestones.
c. Roles and Organization of Proposed Team
i. Propose adequate and appropriate disciplines of the Project team.
ii. Some or all of team members have previously worked together on similar
project(s).
iii. Overall organization of the team relevant to Town’s needs.
d. Working Relationship with the Town
i. The team and its leaders have experience working in the public sector
and knowledge of public sector procurement process.
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ii. Team leadership understands the nature of public sector work and its
decision‐making process.
4. Qualifications & Experiences (20 points)
a. Meets Minimum Qualifications.
b. Relevant experience, specific qualifications, and technical expertise of the firm
and sub‐consultants related to the Project.
5. Qualifications of Key Individuals (20 points)
a. Team is managed by an individual(s) with appropriate experience in similar
projects. This person’s time is appropriately committed to the Project.
b. Team members, as demonstrated by enclosed resumes, have relevant
experience for their role in the project.
c. Key positions required to execute the project team’s responsibilities are
appropriately staffed.
6. Proposer Accessibility (15 points)
a. A statement addressing the firm’s ability to fulfill regular on‐site Project
responsibilities.
7. References (10 points)
a. Provide a reference the name of at least three (3) agencies the Proposer has
previously consulted for in the past five (5) years.
Oral Interview (if necessary)
If necessary, the top‐ranking Proposers may be invited to participate in Oral Interviews for a
consultant presentation and Q&A session. A Proposer will be notified of the time and place for
oral interviews and if any additional information may be required to be submitted.
Following the Town’s determination of the firm best qualified for this work, scope of services
and final terms will be negotiated, and the Consultant and the Town will execute the Town’s
standard Consultant Services Agreement (Attachment 6). If negotiations with the top‐ranked
Proposer are not successful, the Town will select the next‐ranked Proposer for award and
negotiate the final terms of the contract.
The proposed schedule is as follows:
Activity Anticipated Dates
RFQ release December 17, 2020
Pre‐Proposal Meeting December 23, 2020.
Deadline for Submitting Questions January 8, 2020
SOQ Submission Deadline (4:00 pm) January 14, 2021
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SOQ Evaluation January 2021
Consultant Interviews/Presentations (if necessary) February 2021
Contract Negotiations and Execution March 2021
I. Additional Information
1. Reservation of Rights. The Town reserves the right to accept or reject any or all SOQs,
or to alter the selection process if warranted, to postpone the selection process for its
own convenience at any time, and to waive any defects in the RFQ. The Town also
reserves the right to accept or reject any individual subconsultant that a candidate
proposes to use. This RFQ and the interview process shall in no way be deemed to
create a binding contract or agreement of any kind between the Town and the
Proposers. The Town’s standard form of consultant agreement will form the basis of the
contract between the parties.
2. Proposer’s Costs. Each Proposer responding to this RFQ acknowledges and agrees that
the preparation of all materials for submittal to the Town and all presentations, related
costs, and travel expenses, including but not limited to vehicle miles, vehicle rentals,
flights, transit fares, and meals, are at the Proposer’s sole expense. The Town shall not,
under any circumstances, be responsible for any cost or expense incurred by the
Proposer. In addition, each Proposer acknowledges and agrees that all documentation
and/or materials submitted with the RFQ shall remain the property of the Town.
3. DIR Monitoring. This Project may be subject to compliance monitoring and enforcement
by the DIR.
4. Communicating with Town. If you have any questions regarding this RFQ, please
contact the Town’s Contact:
Janice Chin
Parks and Public Works Department
Town of Los Gatos
41 Miles Avenue, Los Gatos CA 95030
jchin@losgatosca.gov
(408) 395‐3460
The Town’s sole point of contact for this RFQ shall be the Town’s Contact who shall
administer the RFQ process. All communications shall be submitted in writing and shall
specifically reference this RFQ (identify in the subject line the Project). Only answers
issued by Addendum will be binding. Oral and other interpretations or clarifications will
be without legal effect. No contact with other Town staff, Town council members, or
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any other public official concerning the Project during the procurement process is
allowed. A violation of this provision may result in the disqualification of the consultant.
5. Assumptions of Proposers. The Town is not responsible for the assumptions of
Proposers. Neither the participation of the Town in any pre‐proposal meeting, nor the
subsequent award of the contract by the Town shall in any way be interpreted as an
agreement or approval by the Town that a Proposer’s assumptions are reasonable or
correct. The Town specifically disclaims responsibility or liability for any Proposer’s
assumptions in developing its SOQ.
6. Public Record. All responses to this RFQ become property of the Town and will be kept
confidential, subject to the requirements of the California Public Record Act, until a
recommendation for award of a contract has been announced. Submittals are subject to
public inspection and disclosure under the California Public Records Act. (Cal. Govt.
Code sections 6250 et seq). Unless the information is exempt form disclosure by law, the
content of any SOQ, request for explanation, or any other written communication
between the Town and any Proposer, and between Town employees or consultants,
regarding the procurement, shall be available to the public. In any event, the Town shall
have no liability to Proposer for making disclosures required by the California Public
Records Act or other law, court order, legal proceeding discovery request, investigative
demand, subpoena, or order from a regulatory body having jurisdiction over either of
the parties. Nothing contained herein shall be construed as requiring or obligating the
Town to withhold information in violation of the California Public Records Act or other
laws.
7. Equal Opportunity. The Town hereby notifies all Proposers that it will affirmatively
insure that in any contract entered into pursuant to this procurement, minority business
enterprises will be afforded full opportunity to submit SOQs in response to this RFQ and
will not be discriminated against on the grounds of race, creed, color, national origin,
ancestry, sexual orientation, political affiliations or beliefs, sex, age, physical disability,
medical condition, marital status, pregnancy, or other protected characteristic as set
forth hereunder.
8. Appeal. The Town will entertain appeals regarding this RFQ process only as set forth
herein. The appeal process presented in this RFQ will take precedence in the case of any
conflict with the appeal processes contained in the Town’s Policies and Procedures. The
Town will not entertain appeals regarding, or reconsider, substantive scores or
determinations made in the evaluation process.
Appeals may be based upon restrictive requirements or alleged improprieties in the RFQ
that are apparent or reasonably should have been discovered prior to the Town’s
receipt of SOQs. Such appeals shall be written and hand delivered or sent via certified
mail to be received by the Town’s Contact at least fourteen (14) calendar days prior to
Request for Qualifications
On-Call Materials Testing and Special Inspection Services
16 | Page
the Town’s receipt of SOQs. The appeal must clearly specify in writing the grounds and
evidence on which the appeal is based.
Appeals may also be based upon alleged improprieties that are not apparent in the RFQ
or that could not reasonably have been discovered prior to the Town’s receipt of the
SOQs. Such appeals are limited to 1) the Town’s failure to follow its own appeal
procedures set forth in this Section; and 2) other procedural errors in the RFQ process.
The appeal must clearly specify in writing the grounds and evidence on which the appeal
is based. Such appeals shall be in writing and hand delivered or sent via certified mail to
be received by the Town Contact within five (5) calendar days from receipt of the notice
from the Town informing of the Successful Proposer.
The Town’s Contact will respond to an appeal in writing within ten (10) business days of
receipt and that determination shall be final.
The appeal procedures summarized in this Section are mandatory and comprise the sole
and exclusive appeal procedures for this RFQ. A Proposer’s failure to comply with the
procedures set forth herein will result in rejection of the appeal and constitute a waiver
of any right to further pursue a protest or appeal (including, but not limited to, filing a
Government Code claim or legal proceeding). If the Town determines the appeal to be
frivolous, the Respondent originating the appeal may be determined to be irresponsible
and may be ineligible for future purchase orders and/or contracts.
In order to prevail on an appeal based on alleged improprieties not apparent in the RFQ
as described herein, a Proposer must demonstrate than an error was material and
prejudicial to the Proposer’s effort to become selected for participation in this Project.
In other words, in order to prevail, the Proposer must demonstrate that but for the
Town’s error, the Proposer would have been selected as the Successful Respondent.
If an appeal is received within five (5) business days from receipt of the notice from the
Town informing of the Successful Proposer, the Town will proceed with the following
process: 1) Town provides a copy of the appeal to the Successful Respondent and,
within five (5) business days of receipt, Successful Proposer may provide to the Town a
written response to the appeal; 2) within ten (10) business days thereafter, Town
prepares a written response to the appeal and to the Successful Proposer’s response, if
any, and provides the analysis to appellant and Successful Proposer; 3) within five (5)
business days, appellant and Successful Proposer may provide written responses; 4)
Town sets a hearing date for a Town Council determination on the appeal and prepares
a written staff report and recommendation; 5) Town staff notifies Successful Proposer
and appellant of the date and time of the hearing and prepares and distributes a written
record containing all documents necessary for the Town Council determination and
distributes the record to all parties; 6) Town Council hearing in which Successful
Proposer and appellant are provided full opportunity to present matter to Town
Council; 7) Town Council renders a final determination.
Request for Qualifications
On-Call Materials Testing and Special Inspection Services
17 | Page
9. Governing Law. The laws of the State of California shall govern the interpretation and
enforcement of the contract. Legal action may be instituted only in the Superior Court of
the County of Santa Clara, State of California, or in the Federal District Court in the
Northern District of California.
10. Adherence to All Local, State, and Federal Laws and Requirements. The Proposer shall
adhere to all applicable federal, state, and local laws, ordinances, statutes, rules and
regulations, and rulings or directives of any agencies having jurisdiction including
without limitation those relating to the environment (including, but not limited to, those
promulgated by EPA, California Department of Public Health), wages, hours, health and
safety (including, but not limited to, those promulgated by CAL‐OSHA and FED‐OSHA),
equal employment opportunity, and working conditions or which pertain in any way to
the Project and/or Proposer’s scope of work on the Project.
J. Attachments
The following attachments are incorporated into the Request for Qualifications:
ATTACHMENT 1 – QUALITY ASSURANCE PROGRAM
ATTACHMENT 2 – CONFLICT OF INTEREST STATEMENT
ATTACHMENT 3 – NON‐COLLUSION DECLARATION
ATTACHMENT 4 – REFERENCES
ATTACHMENT 5 – STATEMENT REGARDING INSURANCE COVERAGE AND WORKER’S
COMPENSATION INSURANCE ACKNOWLEDGMENT CERTIFICATE
ATTACHMENT 6 – SAMPLE CONSULTANT SERVICES AGREEMENT
ATTACHMENT 1 – QUALITY ASSURANCE PROGRAM
[ATTACHED BEHIND THIS PAGE]
Page 1 of 6
TOWN OF LOS GATOS
PARKS AND PUBLIC WORKS DEPARTMENT
PHONE: (408) 399-5770
FAX: (408) 354-8529
FAX (408) 354-8529
QUALITY ASSURANCE PROGRAM (QAP)
The purpose of this program is to provide assurance that the materials incorporated into the
construction projects are in conformance with the contract specifications. This program should
be updated every five years or more frequent if there are changes of the testing frequencies or to
the tests themselves. To accomplish this purpose, the following terms and definitions will be
used:
DEFINITION OF TERMS
x Acceptance Testing (AT): Sampling and testing, or inspection, to determine the degree of
compliance with contract requirements.
x Independent Assurance Program (IAP): Verification that AT is being performed correctly
by qualified testers and laboratories.
x Quality Assurance Program (QAP): A sampling and testing program that will provide
assurance that the materials and workmanship incorporated into the construction project
are in conformance with the contract specifications. The main elements of a QAP are the
AT, and IAP.
x Source Inspection: AT of manufactured and prefabricated materials at locations other
than the job site, generally at the manufactured location.
MATERIALS LABORATORY
Town of Los Gatos will use a private consultant material laboratory to perform AT on Federal-
aid and other designated projects. The materials laboratory shall be under the responsible
management of a California-registered Engineer with experience in sampling, inspection and
testing of construction materials. The Engineer shall certify the results of all tests performed by
laboratory personnel under the Engineer’s supervision. The materials laboratory shall contain
certified test equipment capable of performing the tests conforming to the provisions of this
QAP.
The materials laboratory used shall provide documentation that the laboratory complies with the
following procedures:
1. Correlation Testing Program: The materials laboratory shall be a participant in one or
more of the following testing programs:
a. AASHTO Materials Reference Laboratory (AMRL)
b. Cement and Concrete Reference Laboratory (CCRL)
c. Caltrans Reference Sample Program (RSP)
SERVICE CENTER
41 MILES AVENUE
LOS GATOS, CA 95030
Page 2 of 6
2. Certification of Personnel: The materials laboratory shall employ personnel who are
certified by one or more of the following:
a. Caltrans Materials Engineering and Testing Services Representatives (METS
Reps)
b. Nationally recognized non-Caltrans organizations such as the American
Concrete Institute, Asphalt Institute, National Institute of Certification of the
Engineering Technologies, etc.
c. Other recognized organizations approved by the State of California and/or
recognized by local governments or private associations
3. Laboratory and Testing Equipment: The materials laboratory shall only use laboratory
and testing equipment that is in good working order. All such equipment shall be
calibrated at least once each year. All testing equipment must be calibrated by impartial
means using devices of accuracy traceable to the National Institute of Standards and
Technology. A decal shall be firmly affixed to each piece of equipment showing the date
of the last calibration. All testing equipment calibration decals shall be checked as part of
IAP.
ACCEPTANCE TESTING (AT)
AT will be performed by a materials laboratory certified to perform the required tests. The tests
results will be used to ensure that all materials incorporated into the project are in compliance
with the contract specifications.
Testing methods will be in accordance with the California Test Methods (CTM) or a national
recognized standard (i.e., AASHTO, ASTM, etc.) as specified in the contract specifications.
Sample locations and frequencies may be in accordance with the contract specifications. If not so
specified in the contract specifications, samples shall be taken at the locations and frequencies as
shown in Attachment #1 (Appendix D, “Acceptance Sampling and Testing Frequencies of the
QAP Manual for Use by Local Agencies”)
INDEPENDENT ASSURANCE PROGRAM (IAP)
IAP shall be provided by personnel from Caltrans, the Town’s certified material laboratory, or
consultant’s certified materials laboratory. IAP will be used to verify that sampling and testing
procedures are being performed properly and that all testing equipment is in good condition and
properly calibrated.
IAP personnel shall be certified in all required testing procedures, as part of the IAP, and shall
not be involved in any aspect of AT.
IAP shall be performed on every type of material test required for the project. Proficiency tests
shall be performed on Sieve Analysis, Sand Equivalent, and Cleanness Value tests. All other
types of IAP shall be witness tests.
Page 3 of 6
Poor correlation between acceptance tester’s results and other test results may indicate probable
deficiencies with the accordance sampling and testing procedures. In cases of unresolved
discrepancies, a complete review of AT shall be performed by the IAP personnel or an
independent materials laboratory chosen by the Town of Los Gatos. IAP samples and tests are
not to be used for determining compliance with contract requirements. Compliance with contract
requirements is determined only by the AT.
REPORTING ACCEPTANCE TESTING RESULTS
The following are time periods for reporting material test results to the Resident Engineer:
x When the aggregate is sampled at material plants, test results for Sieve Analysis, Sand
Equivalent, and Cleanness Value should be submitted to the Resident Engineer within 24
hours after sampling.
x When materials are sampled at the job site, test results for compaction and maximum
density should be submitted to the Resident Engineer within 24 hours after sampling.
x When soils and aggregates are sampled at the job site:
(1) Test results for Sieve Analysis, Sand Equivalent, and Cleanness Value should be
submitted to the Resident Engineer within 72 hours after sampling.
(2) Test results for “R” Value and asphalt concrete extraction should be submitted to the
Resident Engineer within 96 hours after sampling.
When sampling products such as Portland Cement Concrete (PCC), cement-treated base (CTB),
hot mix asphalt (HMA), and other such materials; the time of such sampling shall be varied with
respect to the time of the day insofar as possible, in order to avoid a predictable sampling
routine. The reporting of AT results, if not performed by the Resident Engineer’s staff, shall be
done on an expedited basis such as by fax or telephone.
TESTING OF MANUFACTURED MATERIALS
During the Design phase of project, the Project Engineer may submit a “Source Inspection
Request” to the Agency, consultant, or Caltrans for inspection and testing of manufactured and
prefabricated materials by their material laboratory. A list of materials that can be typically
accepted on the basis of certificates of compliance during construction is found in Attachment #2
(Appendix F of the QAP Manual). All certificates of compliance shall conform to the
requirements of the contract specifications, for examples see Attachment #3 (Appendix J of the
QAP Manual).
Should the Town of Los Gatos request Caltrans to conduct the source inspection, and the request
is accepted, all sampling testing, and acceptance of manufactured and prefabricated materials
will be performed by Caltrans’ Office of Materials Engineering and Testing Services. See
Attachment #4 (Exhibit 16-W of the LAPM).
For Federal-aid projects on the National Highway System (NHS), Caltrans will assist in
certifying the materials laboratory and the acceptance samplers and testers. For Federal-aid
Page 4 of 6
projects off the NHS, Caltrans may be able to assist in certifying the materials laboratory and the
acceptance samplers and testers.
PROJECT CERTIFICATION
Upon completion of a Federal-aid project, a “Materials Certificate” shall be completed by the
Resident Engineer. The Town of Los Gatos shall include a “Material Certificate” in the Report of
Expenditures submitted to the Caltrans District Director, Attention: District Local Assistance
Engineer. A copy of the “Materials Certificate” shall also be included in the Town of Los Gatos
construction records. The Resident Engineer in charge of the construction function for Town of
Los Gatos shall sign the certificate. All materials incorporated into the work, which did not
conform to specifications, must be explained and justified on the “Materials Certification,”
including changes by virtue of contract change orders. For an example, see Attachment #5
(Appendix K of the QAP Manual).
RECORDS
All material records of samples and tests, material releases, and certificates of compliance for the
construction project shall be incorporated into the Resident Engineer’s project file. If a Federal-
aid project:
x The files shall be organized as described in Section 16.8, “Project Files,” of the Local
Assistance Procedure Manual.
x It is recommended that the complete project file be available at a single location for
inspection by Caltrans and Federal Highway Administration (FHWA) personnel.
x The project files shall be available for at least three years following the date of final
voucher.
x The use of a “Log Summary” as shown in Attachment #6 (Appendix H of the QAP
Manual), facilitates reviews of material sampling and testing by Caltrans and FHWA,
and assists the Resident Engineer in tracking the frequency of testing.
When two or more projects are being furnished identical materials simultaneously from the same
plant, it is not necessary to take separate samples or perform separate tests for each project;
however, copies of the test reports are to be provided for each of the projects to complete the
records.
APPROVED BY: 46792, 6/30/21
(Signature) (CE# and Expiration Date)
NAME: Lisa Petersen DATE: 4/14/2020
TITLE: Assistant Director/Town Engineer
Page 5 of 6
Attachment #1
Town of Los Gatos Acceptance Sampling and Testing Frequencies of the QAP Manual for
Use by Local Agencies
(Replaces Appendix D in the Caltrans QAP Manual)
Soil, Aggregates, And HMA (Paving)
Quality Characteristics Test Method Sample Size/Location Frequency
In-Place Density of Soil
and Aggregates
CT 231 Five 6"x12" or 4"x8"
samples from mixer per
CTM 125
One set every 1,000 C.Y.
and parts thereof, min. 1
set per project
Sieve Analysis
(Soil/Aggregates)
CT 202 One 50 lbs. sample taken
at plant/stockpile per CTM
125
One per project per source
Aggregate Graduation
(HMA)
CT 202 One 50 lbs. sample taken
at plant per CTM 125
One per mix design, at
least once per project
Sand Equivalent (HMA) CT 217 One 50 lb. sample taken at
plant per CTM 125
One per mix design, at
least once per project
Asphalt Binder Content CT 382
Three 15 lbs. carton
samples taken behind
paver/plant per CTM
One sample every 1,000
tons at least once per
project
In-Place Density of HMA CT 375
Random locations per
CTM 375
One set every 500 tons,
min. 1 set per project
Stability CT 366 Behind paver or sample
from plant
One per mix design per
project
Air Void CT 367 Three 15 lbs. carton
samples taken behind
paver/plant per CTM
One sample every 1,000
tons, at least once per
project
*ASTM/AASHTO tests will be performed if required by specifications
Structural Concrete
Quality Characteristics Test Method* Sample Size/Location Frequency
Compressive Strength CT 521 Five 6”x12" or 4"x8"
samples from mixer per
CTM 125
One set every 1,000 C.Y.
and parts thereof, min. 1
set per project
*ASTM/AASHTO tests will be performed if required by specifications
Minor Concrete/Sidewalk/Curb and Gutter
Quality Characteristics Test Method* Sample Size/Location Frequency
Compressive Strength** CT 521 Five 6”x12" or 4"x8"
samples from mixer per
CTM 125
One set every 1,000 C.Y.
and parts thereof, min. 1
set per project
*ASTM/AASHTO tests will be performed if required by specifications
** Accept based on visual inspection; test only if quality is questionable
Page 6 of 6
Concrete Pavement
Quality Characteristics Test Method* Sample Size/Location Frequency
Modulus of Rupture CT 523 1 set of 2 beams;
6x6x32 inch for center
point loading; 6x6x20
inch for third point
One set every 1,000 C.Y.
and parts thereof, min. 1
set per project
*ASTM/AASHTO tests will be performed if required by specifications
Slurry Seal/Microsurfacing
Quality Characteristics Test Method* Sample Size/Location Frequency
Aggregate Gradation CT202 One 50 lb. sample taken
at plant per CTM 125
One set every 1,000 tons,
at least once per project
Sand Equivalent CT 217 One 50 lb. sample taken
at plant per CTM 125
One set every 1,000 tons,
at least once per project
*ASTM/AASHTO tests will be performed if required by specifications
Structural Steel
Quality Characteristics Test Method* Sample Size/Location Frequency
Splicing As specified in section
55
Field/Source As Specified in section
52
Bolts As specified in section
55
2 samples for each size Once per project
Welding Inspection As per project
specification
Field Inspection As defined in project
source inspection
quality management
plan or visual
inspection once
material arrives in the
field
*ASTM/AASHTO tests will be performed if required by specifications
ATTACHMENT 2 ‐ CONFLICT OF INTEREST STATEMENT
THIS FORM MUST BE PRINTED OUT, COMPLETED AND SUBMITTED WITH THE STATEMENT OF
INTEREST (SOQ)
ON‐CALL MATERIALS TESTING AND SPECIAL INSPECTION SERVICES
The undersigned declares:
I/We ___________________________ (Insert Company Name) have the following financial, business,
or other relationship with Town that may have an impact upon the outcome of the contract or the
construction Project. If none, please specify that no other relationships may have an impact on this
contract or Project.
I/We (Insert Company Name) have the following current clients who
may have a financial interest in the outcome of this contract or the construction Project. If none, please
specify that no other clients may have a financial interest with an impact on this contract or Project.
I/We (Insert Company Name) have the following financial interests or
relationships with a construction company that might submit a bid for the construction of the Project.
If none, please specify that no such relationships exist.
Pursuant to Government Code section 1090 and any other laws, rules and regulations that may apply,
the Proposer covenants that neither it, its subcontractors nor employees presently have an interest,
and shall not acquire any interest, direct or indirect, financial or otherwise that would conflict in any
manner or degree with contract awarded from this RFQ. Proposer certifies that to the best of its
knowledge, no one who has or will have any financial interest in the contract awarded from this RFQ is
an officer or employee of the Town. Through its submittal of a SOQ, Proposer acknowledges that it is
familiar with Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of
California and will immediately notify the Town if it becomes aware of any facts concerning the
contract to be awarded that constitute a violation of said provisions.
Furthermore, if there is reason to believe that collusion exists among the Proposers, the Town may
refuse to consider SOQ’s from participants in such collusion. No person, firm, or corporation under the
same or different name, shall make, file, or be interested in more than one SOQ for the same work unless
alternate SOQ’s are called for. A person, firm, or corporation who has submitted a sub‐proposal to a
Proposer, or who has quoted prices on materials to a Proposer, is not thereby disqualified from
submitting a sub‐proposal or quoting prices to other Proposers. Reasonable ground for believing that any
Proposer is interested in more than one proposal for the same work will cause the rejection of all
proposals for the work in which a Proposer is interested. If there is reason to believe that collusion exists
among the Proposers, the Town may refuse to consider SOQ’s from participants in such collusion.
Proposers shall submit as part of their SOQ documents the completed Non‐Collusion Declaration
provided herein as Attachment 4.
I, on behalf of the Proposer, declare under penalty of perjury under the laws of the State of California
that the foregoing is true and correct and that this declaration is executed on __________________
[date], at ___________________[city], _______________[state].
_________________________________ ___________________________________
Proposer Name (Person, Firm, Corp.) Title of Authorized Representative
_________________________________ __________ _________________________
Address Name of Authorized Representative
_________________________________
City, State, Zip
________________ ___________________________________
(Date) (Signed)
ATTACHMENT 3 – NON‐COLLUSION DECLARATION
THIS FORM MUST BE PRINTED OUT, COMPLETED AND SUBMITTED WITH THE STATEMENT OF
INTEREST (SOQ)
ON‐CALL MATERIALS TESTING AND SPECIAL INSPECTION SERVICES
The undersigned declares:
I am the ______________________ [Insert Title] of ____________________________,[Insert name of
company, corporation, LLC, partnership or joint venture] the party making the foregoing SOQ.
The SOQ is not made in the interest of, or on behalf of, any undisclosed person, partnership, company,
association, organization, or corporation. The SOQ is genuine and not collusive or sham. The
Respondent has not directly or indirectly induced or solicited any other respondent to put in a false or
sham SOQ. The Respondent has not directly or indirectly colluded, conspired, connived, or agreed with
any bidder or anyone else to put in a sham SOQ, or to refrain from responding. All statements
contained in the SOQ are true.
Any person executing this declaration on behalf of a respondent that is a corporation, partnership,
joint venture, limited liability company, limited liability partnership, or any other entity, hereby
represents that he or she has full power to execute, and does execute, this declaration on behalf of the
respondent.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct and that this declaration is executed on ________[date], at ______________[city],
___[state].
By: _____________________
Name: _____________________
Title: _____________________
ATTACHMENT 4 ‐ REFERENCES
THIS FORM MUST BE PRINTED OUT, COMPLETED AND SUBMITTED WITH THE STATEMENT OF
INTEREST (SOQ)
ON‐CALL MATERIALS TESTING AND SPECIAL INSPECTION SERVICES
List three (3) references for work of a similar nature to the Services performed within the last five (5)
years. Use additional sheets as necessary.
1. _________________________________ ____________________________ ___________
Name of Agency Agency Address
_________________________________ ________________________________________
Contact Name Contact Title
_________________________________ ________________________________________
Contact Telephone Contact Email Address
_________________________________ ________________________________________
Contract Period Contract Amount
___________________________________________________________________________
___________________________________________________________________________
Description of services performed including project cost estimates and actual costs.
2. _________________________________ ________________________________________
Name of Agency Agency Address
_________________________________ ________________________________________
Contact Name Contact Title
_________________________________ ________________________________________
Contact Telephone Contact Email Address
_________________________________ ________________________________________
Contract Period Contract Amount
___________________________________________________________________________
___________________________________________________________________________
Description of services performed including project cost estimates and actual costs.
3. _________________________________ ________________________________________
Name of Agency Agency Address
_________________________________ ________________________________________
Contact Name Contact Title
_________________________________ ________________________________________
Contact Telephone Contact Email Address
_________________________________ ________________________________________
Contract Period Contract Amount
___________________________________________________________________________
___________________________________________________________________________
Description of services performed including project cost estimates and actual costs.
I hereby certify that the Proposer performed the work listed above.
_____________________ ______________________ ____________________
Signature of Proposer Name Date
ATTACHMENT 5 ‐ STATEMENT REGARDING INSURANCE COVERAGE AND WORKER’S COMPENSATION
INSURANCE ACKNOWLEDGMENT CERTIFICATE
THIS FORM MUST BE PRINTED OUT, COMPLETED AND SUBMITTED WITH THE STATEMENT OF
INTEREST (SOQ)
ON‐CALL MATERIALS TESTING AND SPECIAL INSPECTION SERVICES
PROPOSER HEREBY CERTIFIES that the Proposer has reviewed and understands the insurance coverage
requirements specified in the RFQ. Should the Proposer be awarded the contract for the Services,
Proposer further certifies that the Proposer can meet the specified requirements for insurance,
including insurance coverage of the subcontractors, and agrees to name the Town as additional
insured for the Services specified.
By certifying this form, the Proposer also understands the Worker’s Compensation insurance
requirement per the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code, which
require every employer to be insured against liability for worker's
compensation or to undertake self‐insurance in accordance with the
provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
_____________________________________________
Name of Proposer (Person, Firm, or Corporation)
_____________________________________________
Signature of Proposer's Authorized Representative
_____________________________________________
Name & Title of Authorized Representative
____________________
Date of Signing
ATTACHMENT 6 – SAMPLE CONSULTANT SERVICES AGREEMENT
[ATTACHED BEHIND THIS PAGE]
Agreement for Consultant Services
Page 1 of 8
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on (DATE) by and between TOWN OF LOS GATOS, a
California municipal corporation, (“Town”) Name of Consultant, (“Consultant”), whose address is
(Address). This Agreement is made with reference to the following facts.
I.RECITALS
1.1 The Town desires to engage Consultant to provide On‐Call Materials Testing and Special
Inspection services for the Town.
1.2 The Consultant represents and affirms that it is willing to perform the desired work
pursuant to this Agreement.
1.3 Consultant warrants it possesses the distinct professional skills, qualifications, experience,
and resources necessary to timely perform the services described in this Agreement.
Consultant acknowledges Town has relied upon these warranties to retain Consultant.
II.AGREEMENTS
2.1 Scope of Services. Consultant shall provide services as described in that certain Proposal
sent to the Town on (DATE), 2020, which is hereby incorporated by reference and attached
as Exhibit A.
2.2 Term and Time of Performance. This contract will remain in effect from date of execution
to XXX.
2.3 Compliance with Laws. The Consultant shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Consultant
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Consultant to practice its
profession. Consultant shall maintain a Town of Los Gatos business license pursuant to
Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
2.5 Information/Report Handling. All documents furnished to Consultant by the Town and all
reports and supportive data prepared by the Consultant under this Agreement are the
Town’s property and shall be delivered to the Town upon the completion of Consultant's
services or at the Town's written request. All reports, information, data, and exhibits
prepared or assembled by Consultant in connection with the performance of its services
pursuant to this Agreement are confidential until released by the Town to the public, and
the Consultant shall not make any of the these documents or information available to any
Agreement for Consultant Services
Page 2 of 8
individual or organization not employed by the Consultant or the Town without the
written consent of the Town before such release. The Town acknowledges that the
reports to be prepared by the Consultant pursuant to this Agreement are for the purpose
of evaluating a defined project, and Town's use of the information contained in the reports
prepared by the Consultant in connection with other projects shall be solely at Town's risk,
unless Consultant expressly consents to such use in writing. Town further agrees that it
will not appropriate any methodology or technique of Consultant which is and has been
confirmed in writing by Consultant to be a trade secret of Consultant.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed
$XXX, inclusive of all costs. Payment shall be based upon Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the
service and shall be accompanied by a detailed explanation of the work performed by
whom at what rate and on what date. Also, plans, specifications, documents or other
pertinent materials shall be submitted for Town review, even if only in partial or draft
form.
Payment shall be net thirty (30) days. All invoices and statements to the Town shall be
addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031‐0655
2.8 Availability of Records. Consultant shall maintain the records supporting this billing for not
less than three years following completion of the work under this Agreement. Consultant
shall make these records available to authorized personnel of the Town at the Consultant's
offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to the Consultant. No portion of these services shall be assigned or
subcontracted without the written consent of the Town.
2.10 Independent Contractor. It is understood that the Consultant, in the performance of the
work and services agreed to be performed, shall act as and be an independent contractor
and not an agent or employee of the Town. As an independent contractor he/she shall not
obtain any rights to retirement benefits or other benefits which accrue to Town
employee(s). With prior written consent, the Consultant may perform some obligations
under this Agreement by subcontracting but may not delegate ultimate responsibility for
performance or assign or transfer interests under this Agreement. Consultant agrees to
testify in any litigation brought regarding the subject of the work to be performed under
this Agreement. Consultant shall be compensated for its costs and expenses in preparing
Agreement for Consultant Services
Page 3 of 8
for, traveling to, and testifying in such matters at its then current hourly rates of
compensation, unless such litigation is brought by Consultant or is based on allegations of
Consultant's negligent performance or wrongdoing.
2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely
to the Town. The Consultant has and shall not obtain any holding or interest within the
Town of Los Gatos. Consultant has no business holdings or agreements with any individual
member of the Staff or management of the Town or its representatives nor shall it enter
into any such holdings or agreements. In addition, Consultant warrants that it does not
presently and shall not acquire any direct or indirect interest adverse to those of the Town
in the subject of this Agreement, and it shall immediately disassociate itself from such an
interest, should it discover it has done so and shall, at the Town's sole discretion, divest
itself of such interest. Consultant shall not knowingly and shall take reasonable steps to
ensure that it does not employ a person having such an interest in this performance of this
Agreement. If after employment of a person, Consultant discovers it has employed a
person with a direct or indirect interest that would conflict with its performance of this
Agreement, Consultant shall promptly notify Town of this employment relationship, and
shall, at the Town's sole discretion, sever any such employment relationship.
2.12 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate
against persons employed or seeking employment with them on the basis of age, sex,
color, race, marital status, sexual orientation, ancestry, physical or mental disability,
national origin, religion, or medical condition, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her firm to an
amount not less than: one million dollars ($1,000,000) combined single
limit per occurrence for bodily injury, personal injury and property damage.
ii. Consultant agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff to
an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
iii. Consultant shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Consultant agrees that all
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certificates and endorsements are to be received and approved by the
Town before work commences.
iv. Consultant agrees to have and maintain, for the duration of the contract,
professional liability insurance in amounts not less than $1,000,000 which is
sufficient to insure Consultant for professional errors or omissions in the
performance of the particular scope of work under this agreement.
General Liability:
i. The Town, its officers, officials, employees and volunteers are to be covered
as insured as respects: liability arising out of activities performed by or on
behalf of the Consultant; products and completed operations of Consultant,
premises owned or used by the Consultant. This requirement does not
apply to the professional liability insurance required for professional errors
and omissions.
ii. The Consultant's insurance coverage shall be primary insurance as respects
the Town, its officers, officials, employees and volunteers. Any insurance or
self‐insurances maintained by the Town, its officers, officials, employees or
volunteers shall be excess of the Consultant's insurance and shall not
contribute with it.
iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the Town, its officers, officials, employees or
volunteers.
iv. The Consultant's insurance shall apply separately to each insured against
whom a claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to the Town. Current certification of such insurance shall be kept on file at all
times during the term of this agreement with the Town Clerk.
3.3 Workers’ Compensation. In addition to these policies, Consultant shall have and maintain
Workers' Compensation insurance as required by California law and shall provide evidence
of such policy to the Town before beginning services under this Agreement. Further,
Consultant shall ensure that all subcontractors employed by Consultant provide the
required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend
the Town its officers, agent, employees and volunteers from all damages, liabilities,
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penalties, costs, or expenses in law or equity that may at any time arise or be set up
because of damages to property or personal injury received by reason of, or in the course
of performing work which may be occasioned by a willful or negligent act or omissions of
the Consultant, or any of the Consultant's officers, employees, or agents or any
subconsultant.
IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of
a subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. The Town and the Consultant shall have the right to terminate
this agreement with or without cause by giving not less than fifteen days (15) written
notice of termination. In the event of termination, the Consultant shall deliver to the
Town all plans, files, documents, reports, performed to date by the Consultant. In the
event of such termination, Town shall pay Consultant an amount that bears the same ratio
to the maximum contract price as the work delivered to the Town bears to completed
services contemplated under this Agreement, unless such termination is made for cause,
in which event, compensation, if any, shall be adjusted in light of the particular facts and
circumstances involved in such termination.
4.4 Prevailing Wages. This project is subject to the requirements of Section 1720 et seq.
of the California Labor Code requiring the payment of prevailing wages, the training of
apprentices and compliance with other applicable requirements. Contractors and all
subcontractors who perform work on the project are required to comply with these
requirements. Prevailing wages apply to all projects over $1,000 which are defined as
a “public work” by the State of California. This includes: construction, demolition,
repair, alteration, maintenance and the installation of photovoltaic systems under a
Power Purchase Agreement when certain conditions are met under Labor Code
Section 1720.6. This include service and warranty work on public buildings and
structures.
4.4.1 The applicable California prevailing wage rate can be found at www.dir.ca.gov
and are on file with the Town of Los Gatos Parks and Public Works
Department, which shall be available to any interested party upon request.
The contractor is also required to have a copy of the applicable wage
determination posted and/or available at each jobsite.
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4.4.2 Specifically, contractors are reminded of the need for compliance with Labor
Code Section 1774‐1775 (the payment of prevailing wages and documentation
of such), Section 1776 (the keeping and submission of accurate certified
payrolls) and 1777.5 in the employment of apprentices on public works
projects. Further, overtime, weekend and holiday pay, and shift pay must be
paid pursuant to applicable Labor Code section.
4.4.3 The public entity for which work is being performed or the California
Department of Industrial Relations may impose penalties upon contractors
and subcontractors for failure to comply with prevailing wage requirements.
These penalties are up to $200 per day per worker for each wage violations
identified; $100 per day per worker for failure to provide the required
paperwork and documentation requested within a 10‐day window; and $25
per day per worker for any overtime violation.
4.4.4 As a condition to receiving progress payments, final payment and payment of
retention on any and all projects on which the payment of prevailing wages is
required, the contractor agrees to present to the TOWN, along with its
request for payment, all applicable and necessary certified payrolls (for itself
and all applicable subcontractors) for the time period covering such payment
request. The term “certified payroll” shall include all required documentation
to comply with the mandates set forth in Labor Code Section 1720 et seq, as
well as any additional documentation requested by the Agency or its designee
including, but not limited to: certified payroll, fringe benefit statements and
backup documentation such as monthly benefit statements, employee
timecards, copies of wage statements and cancelled checks, proof of training
contributions (CAC2 if applicable), and apprenticeship forms such as DAS‐140
and DAS‐142.
4.4.5 In addition to submitting the certified payrolls and related documentation to
the TOWN, the contractor and all subcontractors shall be required to submit
certified payroll and related documents electronically to the California
Department of Industrial Relations. Failure to submit payrolls to the DIR when
mandated by the project parameters shall also result in the withholding of
progress, retention and final payment.
4.4.6 No contractor or subcontractor may be listed on a bid proposal for a 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)].
4.4.7 No contractor or subcontractor may be awarded a contract for public work on
a public works project, unless registered with the Department of Industrial
Relations pursuant to Labor Code section 1725.5. Contractors MUST be a
registered “public works contractor” with the DIR AT THE TIME OF BID. Where
the prime contract is less than $15,000 for maintenance work or less than
$25,000 for construction alternation, demolition or repair work, registration is
not required.
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4.4.8 Should any contractor or subcontractors not be a registered public works
contractor and perform work on the project, Contractor agrees to fully
indemnify the TOWN for any fines assessed by the California Department of
Industrial Relations against the TOWN for such violation, including all staff
costs and attorney’s fee relating to such fine.
4.4.9 The TOWN shall withhold any portion of a payment; including the entire
payment amount, until certified payroll forms and related documentation are
properly submitted, reviewed and found to be in full compliance. In the
event that certified payroll forms do not comply with the requirements of
Labor Code Section 1720 et seq., the TOWN may continue to hold sufficient
funds to cover estimated wages and penalties under the contract.
4.5 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by the Town and the Consultant.
4.6 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
4.7 Notices. Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
Town of Los Gatos
Attn: Town Clerk
110 E. Main Street
Los Gatos, CA 95030
(Consultant)
(Address)
or personally delivered to Consultant to such address or such other address as Consultant
designates in writing to Town.
4.8 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the
terms and conditions of this Agreement in respect of the Products or Services and any
attachments to this Agreement, then the terms and conditions of this Agreement shall
prevail over attachments or other writings.
4.9 Entire Agreement. This Agreement, including all Exhibits, constitutes the complete and
exclusive statement of the Agreement between the Town and Consultant. No terms,
conditions, understandings or agreements purporting to modify or vary this Agreement,
unless hereafter made in writing and signed by the party to be bound, shall be binding on
either party.
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IN WITNESS WHEREOF, the Town and Consultant have executed this Agreement.
Town of Los Gatos by:
Laurel Prevetti, Town Manager
Recommended by:
Matt Morley
Director of Parks and Public Works
Consultant, by:
Printed Name and Title
Approved as to Form:
Robert Schultz, Town Attorney
Attest:
Shelley Neis, MMC, CPMC, Town Clerk