Attachment 1_RFQ ADA Upgrades.DRAFTTown of Los Gatos
REQUEST FOR QUALIFICATIONS
DESIGN SERVICES FOR ADA RESTROOMS AND HUMAN
RESOURCES (CIP NO. 812-2117) AND ADA UPGRADE
PUBLIC RESTROOMS – ADULT RECREATION BUILDING
(CIP NO. 821-2601); AND ON-CALL ARCHITECTURAL
SERVICES
Date Issued: June 17, 2021
Proposal Deadline:
Tuesday, July 13, 2021 by 4:00 p.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
ADA Upgrades (CIP No. 821-2117 & 2601) and On-Call Architectural Services
TABLE OF CONTENTS
Design Services for ADA Restrooms and Human Resources (CIP No. 812-2117) and ADA
Upgrade Public Restrooms – Adult Recreation Building (CIP No. 821-2601); and On-Call
Architectural Services
A. PURPOSE ................................................................................................................................ 1
B. OVERVIEW ............................................................................................................................. 1
C. MINIMUM QUALIFICATIONS .................................................................................................. 3
D. General Provisions and Requirements ................................................................................... 3
E. Proposed Scope of Services ................................................................................................... 5
F. Other Services ........................................................................................................................ 9
G. Proposal Format and Submission Requirements ................................................................... 9
Submitting the Statement of Qualifications: ............................................................................. 9
Addenda .................................................................................................................................. 12
H. Evaluation Process ............................................................................................................... 12
Statement of Qualification Evaluation Criteria ........................................................................ 12
Oral Interview (if necessary) ................................................................................................... 14
I. Additional Information ........................................................................................................ 14
J. Attachments ........................................................................................................................ 17
THIS FORM MUST BE PRINTED OUT, COMPLETED, AND SUBMITTED WITH THE STATEMENT OF
QUALIFICATION (SOQ) ....................................................................................................................
Attachment 1 – Town Facilities
Attachment 2 – Layout Plans for Civic Center and Adult Recreation Building
Attachment 3 – Conflict of Interest Statement
Attachment 4 – Non-Collusion Declaration
Attachment 5 – References
Attachment 6 – Statement Regarding Insurance Coverage And Workers’ Compensation
Insurance Acknowledgment Certificate
Attachment 7 – Sample Consultant Services Agreement
Request for Qualifications
ADA Upgrades (CIP No. 821-2117 & 2601) and On-Call Architectural Services
Schedule of Activities: The Town reserves the right to amend the schedule below as necessary.
Activity Anticipated Dates
RFQ Release June 17, 2021
Submission Deadline (4:00 p.m.) July 13, 2021
Evaluation July 2021
Consultant Interviews/Presentations (if necessary) August 2021
Contract Negotiation and Award August 2021
Contract Execution and Start of Work September 2021
Town’s Contact: For all questions related to the RFQ, please email the Town’s Contact listed
below:
WooJae Kim
Town Engineer
Parks and Public Works Department
41 Miles Avenue
Los Gatos, CA 95030
wkim@losgatosca.gov
Request for Qualifications
ADA Upgrades (CIP No. 821-2117 & 2601) and On-Call Architectural Services
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Design Services for ADA Restrooms and Human Resources (CIP No. 812-2117) and ADA
Upgrade Public Restrooms – Adult Recreation Building (CIP No. 821-2601); and On-Call
Architectural Services
Proposals Due: Tuesday, July 13, 2021, by 4:00 p.m.
Pre-Proposal Meeting: None scheduled.
Consultants may view and download this Requestion for Qualifications (RFQ) electronically
from the Town’s website at https://www.losgatosca.gov/2258/RFPRFQ. Consultants are
responsible for checking the Town’s website for any updates, questions and answers, 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 Qualifications (SOQs) from qualified
professional consultants (Proposers) capable of providing design services for ADA Restrooms
and Human Resources (CIP No. 812-2117) project involving upgrades to two staff restrooms
and a remodel (tenant improvements) of the Human Resources Department (HR) space located
in the lower level of the Civic Center at 110 E. Main Street. The consultant hired through this
RFQ process would also provide design services for the ADA Upgrade Public Restrooms – Adult
Recreation Building (CIP No. 821-2601) project to upgrade the two public restrooms located
either on the first or second floor of the Los Gatos Adult Recreation Center (ARC) located at 208
E. Main Street.
From SOQs received for this RFQ, the Town may also establish an On-Call Architectural Services
consultant list for future building projects related to ADA upgrades and other improvements to
Town facilities (see Attachment 1).
B. OVERVIEW
The Town is located approximately 50 miles south of San Francisco and at the southern edge of
the Silicon Valley with its jurisdictional area covering 11.5 square miles with a population of
31,439 (2020 estimate). With a Council-Manager form of governance, the Town is governed by
a five-member elected council. The Town employs 160 full- and part-time employees and
provides various programs including public safety, community services, library, museum, parks,
and open space. The Town owns and maintains several facilities for various programs, services,
and activities. List of Town owned facilities are included in Attachment 1.
The Civic Center is a Town facility that houses the Civic Center/Town Hall, Police Administration
Building, New Museum Los Gatos (NUMU), and Friends Bookstore. The lower level of the
facility (sub-grade level) is one large connected floor area with various programmed spaces.
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ADA Upgrades (CIP No. 821-2117 & 2601) and On-Call Architectural Services
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The upper level consists of an above-grade public plaza and three building structures with
separate ingress/egress points. The Town Hall area consists of the Council Chamber and staff
office/public counter space for various Town departments. There are two staff restrooms
located near the HR programmed space (Attachment 2). The goal of the ADA Restrooms and
Human Resources project is to take advantage of some available space around the restrooms to
bring them up to ADA standards as needed and to modify/expand the HR work area, which will
involve adding an office space and a conference room at minimum. The Town has limited as-
built or record drawings for the project area.
Adult Recreation Building is a Town facility leased to Los Gatos-Saratoga (LGS) Community
Education and Recreation, which runs various adult and senior programs there. The building is
a two-story structure with 12,000 square foot of floor area. The upstairs restrooms are beyond
their useful life and are undersized for the current use. The downstair restrooms would need to
be upgraded to meet current ADA standards. With the Town staff taking the lead, further
discussions may be needed with LGS Recreation regarding whether the first or second floor
restrooms would need to be updated as part of the project. The selected consultant may be
involved in the discussion with LGS Recreation to advise the Town regarding ADA standards and
requirements and the feasibility within the project budget.
For both projects, the selected consultant would assist with the determination of building
occupancy types and minimum plumbing fixture counts. The construction budget for ADA
Restrooms and Human Resources (CIP No. 812-2117) project is approximately $500,000. The
construction budget for the ADA Upgrade Public Restrooms – Adult Recreation Building (CIP No.
821-2601) is approximately $200,000. The selected consultant would be expected to design a
project that is feasible within the construction budget and advise the Town on any budget
constraints. ARC project involves $78,979 of Community Development Block Grant funds,
which would need to be expensed by April 2022.
The Town wishes to combine the two projects into one construction document set for the
economy of scale; however, if there is any reason to keep the two projects separate, that
option could be considered
Through this RFQ process, the Town is looking to negotiate a scope of services and execute a
consultant services agreement with a qualified professional firm to provide necessary design
services and construction administration support for the two projects at the Civic Center and
ARC.
In addition, the Town is in the process of updating the ADA Transition Plan. Through the
transition plan efforts, other ADA facility upgrade projects may be identified and prioritized.
From this RFQ process, the Town may consider establishing an On-Call Architectural Services
consultant list of qualified architectural firms to work on future facility upgrade projects.
Similar to other Town’s on-call professional consultant lists, an On-Call Architectural Services
consultant list would be maintained for a minimum of three to five years, and consultant
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services agreements would be negotiated and executed on an as-needed basis for each future
architectural project, in compliance with the Town’s procurement policy.
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. Minimum three years of experience providing design services and preparing
construction documents for ADA upgrade projects, preferably for public agencies.
2. A design team with expertise in architecture, mechanical/electrical/plumbing (MEP)
design, lighting, energy-efficiency, and cost analysis especially related to building
renovation/rehabilitation projects.
3. Availability and willingness to frequently travel to the Town for site visits and
meetings with Town staff.
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 the Labor
Code, especially sections 1725.5 and 1771.1, and the Proposer shall provide such proof
of registration to the Town.
D. General Provisions and Requirements
Following general provisions and requirements would be incorporated as part of the general
scope of services for the Town’s consultant services agreement:
1. Questions related to the contract administration matters should be directed to the
Town’s Contact or project manager.
2. Throughout the design phase, the consultant’s project manager shall provide bi-weekly
updates to the Town’s project manager at minimum. Updates can be in a form of a
report, meeting, or telephone conference.
3. 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 services in a
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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.
4. Consultant shall assist with the project management/coordination to fulfill project tasks.
5. Consultant shall prepare technical documents in compliance with the latest applicable
codes, rules, regulations, and guidelines.
6. Consultant shall manage, coordinate, and review work submitted by the project’s sub-
consultants for accuracy and conflicts with other disciplines.
7. Consultant shall not proceed further with next phases or tasks until each design
submittals and cost estimates are reconciled within the project and construction budget
and until authorized by the Town.
8. Consultant shall verify that all information submitted to the Town is up to the
professional standards and satisfaction.
9. Town does not warrant the accuracy or completeness of its documents. Consultant
shall verify all information to consultant’s professional satisfaction and note and report
any discrepancies observed in the course of professional activities covered by the
services.
10. Consultant shall provide design coordination of structural system, mechanical, HVAC,
plumbing, fire protection, data/voice raceway, audio/visual technology, electrical,
lighting, telecommunications, alarm, and other systems, for proper location, clearance
and space requirements in order to reduce potential conflicts between these systems.
11. Consultant shall be responsible for design services related to built-in fixtures and
furnishings including layout, design details, specifications, and estimates.
12. Consultant shall make recommendations and assist with the selection of moveable
furniture, fixtures, and equipment (FF&E) for functionality and space planning.
13. Consultant shall design and incorporate backbone infrastructure systems and space
required to accommodate the installation of FF&E. FF&E shall be schematically shown
on design plans to be “provided by others”.
14. Generally, systems or products that are proprietary, licensed, or require periodic
payments for continued use, are not acceptable. Exceptions may be allowed for certain
software and other items, where the consultant has provided reasonable information
that indicates the use is necessary and cost-effective to the Town.
15. Consultant shall neatly list submittals required in the Specifications, organized in
categories, indicating: the item, at least one acceptable manufacturer or material
supplier, and references to the item mentioned in the Construction Documents, and
other pertinent comments or information. Quantities will be indicated in the drawings.
16. Green Infrastructure and Sustainability: The consultant shall include sustainability
features into the design of the project and consider measures that will improve energy
efficiency, water conservation, storm water quality control, and occupant health.
17. Work shall be done in an electronic format, appropriate to the work product, including
(AutoCAD) drawings, plans, elevations, sections, diagrams, details, etc., (Word)
specifications, reports, and other narrative, (PowerPoint) presentations, (Excel)
Spreadsheets, (Project) schedules, and other appropriate digital electronic formats.
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18. Deliverables will be submitted in electronic format (PDF) and in native document
formats such as Word, Excel, AutoCAD, etc. unless otherwise specified. Large files will
be transferred through cloud services approved by the Town.
E. Proposed Scope of Services
The following tasks illustrate the general proposed scope of services required of the design
services for the ADA Restrooms and Human Resources (CIP No. 812-2117) and ADA Upgrade
Public Restrooms – Adult Recreation Building (CIP No. 821-2601) projects:
Task A - Project Management and Coordination:
1. Two Kick-off Meetings: Separate Kick-off Meetings for each project with key members
and decision makers of the Town, ARC, and consultant team to discuss backgrounds,
goals, scope, expectations, schedule, and budget.
2. Meet with the Town’s project manage on a regular basis (minimum every two weeks) to
provide updates on the progress.
3. Assist the Town in developing a work plan to complete projects in a timely manner
within grant funding deadlines. Identify detailed tasks for design services, outreach, and
approval process. For discussions with the Town, identify critical and challenging issues
to address in order to successfully complete projects within schedules and budgets.
4. Develop a project schedule incorporating tasks, deliverable timelines, the Town’s review
periods, public bidding process, construction, etc. for the Town’s review and approval.
5. Support the Town’s project manager with project management responsibilities and
coordination of various project components to successfully complete the projects in a
timely manner. All work and deliverables should be through the Town’s project
manager. Notify and inform the Town’s project manager of any information gathered
from other Town staff, external agencies, or public members related to projects.
6. Assure accuracy and quality of all services and deliverables to the Town.
Deliverables:
1. Minutes of meetings.
2. Project Schedule.
Task B - Review of Existing Documents and Conditions:
1. Gather and 0btain existing documents (e.g. as-built drawings, program, and other
reports) to review. Develop a list of questions and clarifications, if any, for discussions
with the Town and ARC staff.
2. Conduct site visits to confirm/survey information and existing conditions. Document
any discrepancies with existing documents and notify the Town’s project manager.
Compile findings as necessary to report to the Town. Advise the Town of any potential
hazardous materials to test or abate within work areas.
Deliverables:
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1. A memorandum or report on existing conditions, survey, and findings with a list of
questions for the Town.
Task C - Schematic Design Documents:
1. Work with the Town’s Building Division as necessary to determine the building
occupancy type and plumbing fixture counts for different areas involved in projects.
2. Fulfill energy code and other Title 24 requirements.
3. Interview appropriate Town and ARC staff to update and confirm programs and space
needs for HR space and for restrooms as necessary.
4. Assist the HR staff in identifying any FF&E needs and space planning.
5. Determine any temporary facility needs during the construction phase and advise the
Town accordingly. Temporary facility costs would need to be included in cost estimates.
6. Develop at minimum two (2) viable and feasible concept layout plans for each project
area with sufficient information to present to the Town for review and consideration.
Provide rough order of magnitude (ROM) cost estimates for each option to confirm
feasibility within construction budgets. ROM cost estimates shall factor in market
conditions, temporary facilities needed, hazardous materials abatement, and
construction contingencies. Assist the Town decide on one preferred option for each
project area to further develop design.
7. Develop Schematic Design (SD) Documents for the preferred concept designs for each
project area. SD Documents shall include plans, specifications, and estimates (PS&E)
appropriate for 30% design level and other pertinent information for the project.
8. Identify and show improvements or upgrades required to structural, mechanical,
electrical, and plumbing items.
9. SD Documents shall include, but not limited to, the following:
a. PS&E necessary to establish the final scope and cost of the projects.
b. Layout plans, elevations views and sections that reflect architectural details,
materials, dimensions, and more on Town’s 24”x36” titleblock.
c. Specifications in a format approved by the Town and appropriate with the
Town’s standard general and special provisions.
d. Detailed cost estimate in a format approved by the Town.
10. Submit SD Documents to the Town for review and comments. If necessary, meet with
Town staff go over the design documents.
11. Refine SD Documents based on comments received from the Town’s project manager
before moving forward with next design steps.
Deliverables:
1. Minutes of meetings.
2. Draft program and space needs assessments.
3. Minimum two (2) concept design alternatives with ROM cost estimates for each project
location.
4. SD Documents of the one preferred alternative for both projects.
Task E - Construction Documents (90% and 100%):
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1. Before developing 90% CDs, meet with key members, decision makers of the Town and
ARC, and the consultant team to discuss the status of the projects, goals, scope,
expectations, schedule, and budget. Further refine design documents per comments
received through the Town’s project manager as necessary.
2. 90% CDs to include the following PS&E, but not limited to:
a. Title Sheet
b. Construction notes
c. Building Code analysis and calculations
d. Bid alternates
e. Demolition Plan.
f. Site plan for path of travel, if necessary
g. Architectural, MEP, and Structural Plans as required.
h. Floor Plans with the following minimum plans and details as necessary:
i. Building footprint.
ii. MEP and Fire systems and their requirements reflected and indicated
on plans.
iii. Internal partitions and types indicated.
iv. Door swings indicated.
v. Adequate internal and external dimensions.
vi. Floor, slab, and level elevations.
vii. Typical door types.
viii. Typical partition types.
ix. Building core element with dimensions.
i. Enlarged Plans - Typical to provide interior elevations of enlarged plan areas with
surfaces delineated.
j. Sections with at minimum the following plans and details:
x. Wall Sections - Full height sections conveying building configuration.
xi. Interior Elevations - Typical and special spaces, interfaced with, and
cross-referenced to, floor and reflected ceiling plans.
xii. Reflected Ceiling Plans - Typical and special spaces. Integrated plans
reflecting structural, mechanical, and electrical impacts including
lighting, skylights, HVAC grilles, exposed structure, etc.
xiii. Room, door, and window or storefront schedules.
k. Structural Drawings detailing non-typical framing scheme where required.
l. Mechanical / Plumbing / Electrical/Fire Prevention/Information
Technology/Communication/Security systems with details, as necessary.
m. FF&E general layout plan, as necessary.
n. Logistic plans with construction staging and parking locations
o. Specifications to include Town’s General Provisions and Construction Contract
template for the specifications
p. Construction cost estimate and a project schedule including lead times for
permits
3. Meet and confer with the Town’s Building Division for initial review.
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4. Submit 90% CDs for review and comments by the Town. Meet with the Town and ARC
staff as necessary.
5. Address comments received from the Town’s project manager and proceed with the
preparation of 100% CDs.
6. Submit 100% CDs for building plan check. Address Building Division comments to secure
building permits. The Town will be responsible for permit fees.
7. Assist the Town with the preparation construction bid package for public bid process.
Deliverables:
1. Summary of meetings/meeting minutes.
2. 90% and 100% CDs.
3. 100% CDs for building permit submittal (electronic submittal).
4. Public construction bid package with 100% CDs incorporating all plan check comments.
Submit AutoCAD and PDF files of the Final Construction Documents. PDF files shall be
stamped and sign.
5. Detail cost estimates and updated project schedule.
Task F - Bid/Award and Construction Administration Support Services:
1. Assist Town staff in obtaining approval from the Town Council to bid the CDs.
2. The Town shall coordinate the public bid process.
3. Assist the Town during bid phase to solicit bids from qualified contractors, attend pre-
bid meetings, address requests for information, prepare addendums if required, and
assist with the evaluation of bids.
4. If the lowest responsible bid for the base scope of the CDs exceeds the construction
budget by more than 5%, the consultant shall assist the Town to value engineer the CDs
to incorporate necessary cost saving measures and obtain necessary approvals from the
Town and stakeholders for a rebid. Value engineering, if needed, shall be conditioned
as part of the consultant’s base scope of services at no additional cost to the Town.
5. Once a bid is accepted and approved by the Town, compile any addendums and changes
to the bid package and provide the Town with a conformed CDs set labeled “conformed
set for construction”.
6. During construction, the consultant will attend the pre-construction meeting and
periodic site observations (monthly at minimum), observe construction progress,
respond to Requests for Information and substitution requests, address design changes,
and review submittals and shop drawings. The consultant will also assist the Town in the
preparation of design/engineering bulletins, change orders related to design issues, and
substantial completion and final completion certificates.
7. Assist the Town with review of contractor pay applications and requests for change
orders.
8. Assist the Town with any commissioning process and closeout of the project for
occupancy.
9. For the project closeout, furnish the Town with editable files in original formats (Word,
AutoCAD, etc.) and PDF files of Record Documents incorporating all changes and
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discoveries made during construction. Record Documents shall include PS&E and other
project documents with as-built conditions and information provided by the Contractor.
Deliverables:
1. Summary of meetings/meeting minutes.
2. As applicable and not limited to, addendums, evaluation of bids, value engineered CDs,
etc.
3. Conformed set for construction in editable original format and PDF files.
4. As applicable and not limited to, construction progress reports, response to RFIs and
substitution requests, review of submittals, design/engineering bulletins, design change
orders, and substantial completion punch list.
5. Record Documents incorporating as-built information from the contractor in editable
original format and in PDF files.
6. Project closeout documents.
F. Other Services
Proposers shall list other specific services that they can provide as related to the projects. 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.
The following design services may be included as Additional Services with contract
amendments per terms described in the consultant services agreement:
1. Additional design alternatives.
2. Additional meetings.
3. Additional deliverables.
4. Bifurcating construction bid sets by tasks or projects.
5. Assist Town staff in developing temporary relocation plans or tenant improvement plans
as necessary.
6. Other pertinent analysis and studies related to projects.
7. On-call architectural services for future Town facility projects.
G. Proposal Format and Submission Requirements
Submitting the Statement of Qualifications:
The SOQs must be received by the Town no later than Tuesday, July 13, 2021 by 4:00 pm. The
Town requires that SOQs be submitted electronically via email or file sharing sites. The SOQ
shall be clearly marked for “Town of Los Gatos - Design Services for ADA Restrooms and
Human Resources (CIP No. 812-2117) and ADA Upgrade Public Restrooms – Adult Recreation
Building (CIP No. 821-2601); and On-Call Architectural Services RFQ” and emailed to:
Request for Qualifications
ADA Upgrades (CIP No. 821-2117 & 2601) and On-Call Architectural Services
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WooJae Kim
Town Engineer
Town of Los Gatos–Parks and Public Works
wkim@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 (no maximum page limit unless otherwise
noted):
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 7 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. Also, state if the
Proposer is interested in being considered for the Town’s On-Call Architectural Services
consultant list.
Certification Forms – Complete and sign the following certification forms:
Attachment 3–Conflict of Interest Statement
Attachment 4–Non-Collusion Declaration
Attachment 6–Statement Regarding Insurance Coverage and Workers’
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
appropriate. Indicate how your firm/team would approach the project and what
specialized services or unique insights your team would bring to the project. This scope
of services shall be considered a draft. The consultant selected shall discuss and finalize
the tasks with the Town and a final version of the plan shall be incorporated into the
contract.
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 for public agencies. Discuss
the firm’s ability to meet schedules and ability to control costs.
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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 5) – 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
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 Proposal/Schedule – Submit preliminary fee proposal/schedule for
various services provided by the Proposer. The preliminary fee proposal/schedule shall
include anticipated tasks itemized by estimated time and hourly rates of key personnel.
Include other potential services recommended by the Proposer.
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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 Friday, July
9, 2021. A Proposer shall submit any questions or requests for clarification to the Town’s
Contact by Thursday, July 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 the 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.
Town staff will evaluate each SOQ meeting the qualification requirements set forth in this RFQ.
After the review of the SOQs, 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.
Statement of Qualification 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.
Request for Qualifications
ADA Upgrades (CIP No. 821-2117 & 2601) and On-Call Architectural Services
Page 13 of 18
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. 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. 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 of at least three (3) projects the Proposer has previously
managed in the past five (5) years.
Request for Qualifications
ADA Upgrades (CIP No. 821-2117 & 2601) and On-Call Architectural Services
Page 14 of 18
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 7). 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 June 17, 2021
Deadline for Submitting Questions July 8, 2021
Submission Deadline (4:00 p.m.) July 13, 2021
Evaluation July 2021
Consultant Interviews/Presentations (if necessary) August 2021
Contract Negotiation and Award August 2021
Contract Execution and Start of Work September 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.
Request for Qualifications
ADA Upgrades (CIP No. 821-2117 & 2601) and On-Call Architectural Services
Page 15 of 18
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:
WooJae Kim
Parks and Public Works Department
Town of Los Gatos
41 Miles Avenue, Los Gatos CA 95030
wkim@losgatosca.gov
(408) 399-5773
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
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.
Request for Qualifications
ADA Upgrades (CIP No. 821-2117 & 2601) and On-Call Architectural Services
Page 16 of 18
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
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
SOQ. 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’s 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.
Request for Qualifications
ADA Upgrades (CIP No. 821-2117 & 2601) and On-Call Architectural Services
Page 17 of 18
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.
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 Qualification:
Attachment 1 – Town Facilities
Attachment 2 – Layout Plans for Civic Center and Adult Recreation Building
Attachment 3 – Conflict of Interest Statement
Attachment 4 – Non-Collusion Declaration
Attachment 5 – References
Attachment 6 – Statement Regarding Insurance Coverage And Workers’ Compensation
Insurance Acknowledgment Certificate
Request for Qualifications
ADA Upgrades (CIP No. 821-2117 & 2601) and On-Call Architectural Services
Page 18 of 18
Attachment 7 – Sample Consultant Services Agreement
ATTACHMENT 1 – TOWN FACILTIES
TOWN OF LOS GATOS - FACILITY LIST
Facility Name Facilities Within Address Area (S.F.)Notes
Public Programs, Services, or
Activities
1 Civic Center Plaza
110 East Main
Street
Built 1964. 2 buildings located within
the Civic Center: Town Hall and Police
Department Headquarters. NUMU and
Bookstore also in the Civic Center
complex.
Town Hall 17,815
Council Chambers and various
Town Departments
Police Department
Headquarters 5,585 Public counter
2
New Museum Los Gatos
(NUMU)
106 E. Main
Street 12,511 Museum connected to Town Hall
Leased to Los Gatos Museum
Association
3 Friends Bookstore
110 E. Main
Street Within Civic Center
4 Los Gatos Library 100 Villa Avenue 29,500 Built 2012.
5
Adult Recreation Center-LGS
Recreation
208 E. Main
Street 12,000 Nickname: ARC. Leased to LGS Recreation
6 Youth Recreation Center
123 East Main
Street 6,479 Nickname: YRC Leased to LGS Recreation
7 Forbes Mill Museum 75 Church Street 2,450 Est. 1854 Old museum
8 Venue
4 New York
Avenue 3,757 Located within Los Gatos High School Town owned; Unused currently.
9
Parks and Public Works
Service Center 41 Miles Avenue
Est. 1977. White House, Engineering
Building, Maintenance Building, and
Equipment Building.
White House 2,734 Moved and renovated 1991
Public counter and meeting
room.
Engineering Building 4,800
Public counter and meeting
room.
Maintenance Building 1,716
Equipment Building 4,741
10 Police Operations Building
15900 Los Gatos
Boulevard 12,760 Nickname: POB
11 Tait Museum 213 Tait Avenue 3,400 ex-museum and former LG fire station
12
Lot #4 Underground Parking
Garage Grays Lane 57,546 built 1992. Below Lot #4
Park Restrooms Address Area (S.F.)Notes
1 Balzer Field-Restroom Building 41 Miles Avenue 600
Located next to Balzer Field. Concession
building attached. Rest room open
during park hours.
2
Belgatos Park-Restroom
Building 330 Belgatos Road 608
Built 1977. Located in Belgatos Park.
Rest room open during park hours.
3
Blossom Hill Park-Restroom
Building 16300 Blossom Hill Roa 924
Located in Blosson Hill Park. Concession
building attached. Rest room open
during park hours.
4
Creekside Sports Park-
Restroom/Snack Shack
Building 930 University Avenue 850
Located in Creekside Sports Park.
Concession building attached. Rest room
open during park hours.
5
Oak Meadow Park-Restroom
Building 233 Blossom Hill Road 930
Located in Oakl Madow Park. Rest room
open during park hours.
ATTACHMENT 2 – LAYOUT PLAN FOR CIVIC CENTER
RLOWER LEVEL FLOOR PLAN
LOBBY
COUNCIL CHAMBERS
Ramp
DnMaintenance
Room
Employee
Lounge
Janitor's
Closet
Building
Inspectors
Men's
Restroom
Women's
Restroom
Service
Corridor
Dias
RetentionComm.
Equip.
Up
Retention
Corridor
Ramp UpRamp UpRamp UpLanding
Landing
PlanterMen's
Restroom
Women's
Restroom
Corridor
Janitor's
ClosetVestibule Vestibule
Vestibule Vestibule
Service
Corridor
Main
Mechanical
Room
High
Voltage
Room
High
Voltage
Room
Hall
Hall
Women's Locker
Room
Men's
Locker
Room
Locker
Bathroom
Parking
Control
Ammo
Closet
Report
Writing
Room
Investigation
Room
Office
Office
Patrol
Seargent
Evidence
Room
Evidence
Storage
Mechanical
Room
Up
Office
PLANNING DEPARTMENT
Office
Office
Office
Office
Office
Office
FINANCE
Waiting
Mechanical
Room
Open
Office
Elect.
Up
Up
POLICE DEPARTMENT
Conference
Room
PL1
PL2
PL3
PL4
CC1
CC2 CC3
BD2
PD1
PD2
CC4 CC5 BD1
CC8
CC7
CC6
PD3
PD4
3068HISTORY MUSEUMElectricalClosetJanitor's
Closet
Elevator #1
Machine
Rm
Vestibule
Women's
Restroom
Men's
Restroom
Office Office
Elevator #1
Conference
Room
Museum Office Education Lab Copy
Room
Mechanical
Room
Mech
Filtration Airway Airway
Elevator #2
Machine
Rm
Display Area
Collection
Storage
Room
Elevator #2
Staff Room
Break Room
ART MUSEUM
Display Area
Duct
Dn
PLAZA
Elevator #2
Dn
Dn
Ramp DnPlanter Bathroom
Captain's
Office
Office
Dispatch
Chief's Office
Dn
Open Office
ADMINISTRATION
Office
Vault
Office Office
WaitingPatio
Terrace
Office
Area
Dn
Dn
POLICE
DEPARTMENT
Manager's
Office
Server
Room
Duplicating
& Acc'ts.
Duct
Space
Asst. Manager's
Office
Attorney's
Office
Office
Balcony
Office
Open Office
Server
Room
Office
Closet
Closet
WaitingRamp
Dn
Dn
Dn
Drainage
Grating
Drainage
Grating
RETAIL
Friends of Library
DnPlanter
Planter
PlanterLanding LandingLandingRamp Dn
Ramp Dn
Dn
UPPER LEVEL FLOOR PLAN
Elevator #1
Men's
Restroom
Vestibule
HallwayUnisex
Rest.
Women's
Restroom
Janitor's
Closet
CIVIC CENTER FLOOR PLANS
NORTH
LEGEND
ATTORNEY'S OFFICE
CLERK'S OFFICE
COMMON AREAS
COUNCIL CHAMBERS
FINANCE DEPARTMENT
NUMU
POLICE DEPARTMENT
TOWN MANAGER'S OFFICE
COMMUNITY DEVELOPMENT DEPARTMENT
DEPARTMENT AREA (IN SQ. FT.)
SCALE: 1/16"=1'
428
522
7153
2063
917
10769
5585
2382
3866
TOTAL AREA 35911
FRIENDS OF LIBRARY 1742
HUMAN RESOURCES 483
ATTACHMENT 3 – CONFLICT OF INTEREST STATEMENT
THIS FORM MUST BE PRINTED OUT, COMPLETED, AND SUBMITTED WITH THE STATEMENT OF
QUALIFICATION (SOQ)
Design Services for ADA Restrooms and Human Resources (CIP No. 812-2117) and ADA
Upgrade Public Restrooms – Adult Recreation Building (CIP No. 821-2601); and On-Call
Architectural 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 Proposal, the 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 Proposals 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
Proposal for the same work unless alternate Proposals 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 Proposals from participants in such collusion.
Proposers shall submit as part of their Proposal 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 4 – NON-COLLUSION DECLARATION
THIS FORM MUST BE PRINTED OUT, COMPLETED, AND SUBMITTED WITH THE STATEMENT OF
QUALIFICATION (SOQ)
Design Services for ADA Restrooms and Human Resources (CIP No. 812-2117) and ADA
Upgrade Public Restrooms – Adult Recreation Building (CIP No. 821-2601); and On-Call
Architectural 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 Proposal.
The Proposal is not made in the interest of, or on behalf of, any undisclosed person,
partnership, company, association, organization, or corporation. The Proposal 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 Proposal. The Respondent has not directly or
indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a
sham Proposal, or to refrain from responding. All statements contained in the Proposal 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 5 – REFERENCES
THIS FORM MUST BE PRINTED OUT, COMPLETED, AND SUBMITTED WITH THE STATEMENT OF
QUALIFICATION (SOQ)
Design Services for ADA Restrooms and Human Resources (CIP No. 812-2117) and ADA
Upgrade Public Restrooms – Adult Recreation Building (CIP No. 821-2601); and On-Call
Architectural 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 Address
______________________________ ____________________________________
Contact Name Contact Title
______________________________ ____________________________________
Contact Telephone Contact Email Address ______________________________ ____________________________________
Contract Date Contract Amount
________________________________________________________________________
________________________________________________________________________
Description of services performed including project cost estimates and actual costs.
2. ______________________________ ____________________________________
Name of Agency Address
______________________________ ____________________________________
Contact Name Contact Title ______________________________ ____________________________________
Contact Telephone Contact Email Address
______________________________ ____________________________________
Contract Date Contract Amount
________________________________________________________________________
________________________________________________________________________
Description of services performed including project cost estimates and actual costs.
3. ______________________________ ____________________________________
Name of Agency Address ______________________________ ____________________________________
Contact Name Contact Title
______________________________ ____________________________________
Contact Telephone Contact Email Address
______________________________ ____________________________________
Contract Date 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 6 – STATEMENT REGARDING INSURANCE COVERAGE AND
WORKERS’ COMPENSATION INSURANCE ACKNOWLEDGMENT CERTIFICATE
THIS FORM MUST BE PRINTED OUT, COMPLETED, AND SUBMITTED WITH THE STATEMENT OF
QUALIFICATION (SOQ)
Design Services for ADA Restrooms and Human Resources (CIP No. 812-2117) and ADA
Upgrade Public Restrooms – Adult Recreation Building (CIP No. 821-2601); and On-Call
Architectural 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 Workers’ 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
workers’ 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 7 – SAMPLE CONSULTANT SERVICES AGREEMENT
Agreement for Consultant Services
Page 1 of 8
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on ____________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 Town desires to engage Consultant to provide design services for ADA Restrooms and
Human Resources (CIP No. 812-2117) and ADA Upgrade Public Restrooms – Adult
Recreation Building (CIP No. 821-2601).
1.2 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), 2021, 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
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the Consultant shall not make any of the these documents or information available to any
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 as described in Exhibit A. 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
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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
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.
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iii. Consultant shall provide to the Town all certificates of insurance, with
original endorsements effecting coverage. Consultant agrees that all
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.
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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,
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.
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The contractor is also required to have a copy of the applicable wage
determination posted and/or available at each jobsite.
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
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$25,000 for construction alternation, demolition or repair work, registration is
not required.
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