CC 10-01-2024 Item No. 9 Photovoltaic Systems Design and Installation CIP Project_Supplemental Report
CITY COUNCIL STAFF REPORT
SUPPLEMENTAL 1
Meeting: October 1, 2024
Agenda Item #9
Subject
Approve a design-build project delivery method for the Photovoltaic Systems Design
and Installation Capital Improvement Program project.
Recommended Action
1. Authorize the City Manager to undertake a design-build project delivery method
for the Photovoltaic Systems Design and Installation Capital Improvement
Program Project; and
2. Adopt Resolution No. 24-XXX approving the procurement of a design-build
contract for the Photovoltaic Systems Design and Installation Capital
Improvement Program Project.
Background:
Q1: When I was on the CUSD Board and the board was asked to adopt the
new design-build process which is not based on low bid, but best on best
values, we were informed of a list of criteria where contractors will be scored
on to determine "best value". I did not find such information in the staff report
or the resolution. Please provide information on how best-value would be
determined. (Chao)
Staff response: The process and evaluation terms have not been completely determined
at this time. However, the design-build Request for Proposal (RFP) process used for
the Library would be the precedent for the current project procurement. The RFP from
the Cupertino Library Expansion project is Attachment D. The evaluation factors are
enumerated starting on page 16.
Staff are in the process of evaluating the procurement process for this project.
Q2: The staff report states that "Design-build is a project delivery method that
can save time and money." But the normal design-bid-build process, which
takes the lowest bid, is supposed to save money, right? The best-value
approach might be more costly, but perhaps a better contractor. So, we may or
may not save money. Could you clarify the confusion? (Chao)
Staff response: Design-build can save money and time by reducing inefficiencies of
schedule and allowing for direct, transparent, and ongoing negotiation with the
contractor. The design-bid-build process can save money by awarding the contract to
the lowest qualified bidder. However, there is a risk that the lowest qualified bidder
compromises quality or scope via the bid pricing to secure the bid and then later
increases cost by submitting unexpected change orders.
Q3: The staff report states "The City must connect the proposed photovoltaic
systems to the electrical grid by April 15, 2026, to take advantage of the NEM
2.0 rates, which provide 75 – 80% greater compensation than NEM 3 rates for
electricity. The savings in utility costs are projected to be $500,000 annually".
In case the proposed photovoltaic systems are not connected in time by April
15, 2028, what is the annual savings? Less than $500,000 or not savings at all?
(Chao)
Staff response: If the schedule noted above cannot be met, the project should be re-
evaluated for cost/benefit. The difference in annual savings has not been fully
calculated but is estimated to be 80% less.
Q4: The staff report only provides the advantage of the design-no-bid process,
but there is no mention of the disadvantages. For the Council to make
informed decisions, we do have to weight both the pros and cons of a design.
Could you please provide the missing side? What's the disadvantage of the
design-no-bid process? (Chao)
Staff response: Presumably, the intent here is to ask for more information on the
disadvantages of the design-build process. The design-build process has some notable
drawbacks, such as:
• No guarantees of savings in cost or schedule: while it is possible to increase
efficiency in cost and schedule, it is not a given due to the number of variables
on a project.
• Increased costs: Without a competitive lowest-qualified bidder process for
awarding the contract, it is possible that the City is not receiving the lowest
price.
• Restricted flexibility for changes: Significant modifications can be expensive,
time-consuming, and disruptive to the project timeline.
• Possible trade-offs in design quality: Since one entity handles both design and
construction, there may be a greater emphasis on cost and efficiency rather
than on the quality of the design itself. [This is less of a concern when
aesthetics is not a significant project driver.]
Q5: Perhaps, I do not understand the complexity of the Photovoltaic Systems.
The staff reports states "Design-build can reduce risk created by design or
construction changes while saving time during design, scope development,
and cost estimates." The Photovoltaic Systems is just "a collection of solar
panels that use sunlight to generate electricity." How complex can that be? The
design should be pretty standard too, So, I don't really understand why you
need the flexibility of the design-build process, which is usually used for a
larger project, which might have many design options, like the library
expansion project? (Chao)
Staff response: This is a large project, encompassing up to five City facilities. The
design-build process allows for less flexibility on design options (see above). However,
some additional advantages of the design-build process for this specific project are
outlined below:
• Unforeseen conditions, such as geotechnical, structural, or utility related
issues, can typically be addressed quicker with a design-build contract, as
third-party entities are not included in the project revision process.
• The technology of the equipment is constantly evolving, and it may be
beneficial to the owner to finalize installation with more advanced/superior
equipment that may not have been available when original design was
completed. Also, solar modules are constantly subject to shifting availability
as new module models and wattages come onto the market (and older one's
stop being produced), and performing a detailed electrical design based on
specific modules well in advance of the project's procurement and
construction phases presents significant risk of alterations being needed.
• Alterations under a design-bid-build model impose an appreciable risk of
delay, as the project engineer would need to be reengaged to review and
update the electrical design to accommodate module changes.
• When considering site access and coordination: When installing the solar
carports, parking lots need to be made accessible and this can become a very
fluid process, often requiring contractors to be flexible because of occasional
limitations to site access. During a design-build process, the ongoing
collaboration with the entire design-build team allows for this flexibility.
Under the design-bid-build model, all these schedules need to be determined
ahead of time so that the implementation contractor can “bid” according to the
set schedule. Any changes made by the owner will result in change orders.
This does not happen under the design-build model.
Q6: The staff report states "The savings in utility costs are projected to be
$500,000 annually, and $17.8 million over a 30-year lifespan." and the cost of
the project is $6,300,000. If I put $6.3M into an account earning 3% interest a
year, after 30 years it would grow to $15.3M. It seems the savings of $17.8M
means we are saving only $2.5M over 30 years? Is that large enough savings
over 30 years? (I understand that we may get grant funding. I still wish to
understand how the cost of installation justifies the savings.) (Chao)
Staff response: The overall cost and benefit of the project-at-large is not germane to the
current agenda item. Cost/savings analysis may be pursued at the upcoming Council
and community meetings.
The City's Climate Action Plan (CAP) has explicit goals for the commercial sector to
reduce natural gas usage (BE-3) and support resiliency by encouraging commercial
battery storage and solar panel installations (BE-7). This project would (a) model
these goals for our community, (b) save money, (c) improve the local air-quality and
(d) can serve as the basis of a future microgrid plan providing local power resilience in
the case of emergencies.
Attachments Provided with Original Staff Report:
A. Draft Resolution
B. Public Contract Code Extracts
C. FY 2024-25 CIP Project Narrative Excerpt
Attachments Provided with Supplemental 1:
D. RFP from Cupertino Library Expansion Project
CITY OF CUPERTINO
REQUEST FOR PROPOSALS
OF DESIGN-BUILD ENTITIES
FOR THE
CUPERTINO LIBRARY EXPANSION PROJECT
RFP Issue Date:
June 19, 2020
Proposal Submittal Deadline:
Wednesday, July 29, 2020 at 5:00 PM
ELECTRONIC SUBMITTAL ONLY
CITY HALL * 10300 TORRE AVENUE
CUPERTINO, CA 95014-3255
ATTACHMENT D
City of Cupertino Library Expansion Project
RFP for Design-Build Entities
TABLE OF CONTENTS
1. THE CUPERTINO LIBRARY ............................................................................................... 1
2. THE PROJECT ....................................................................................................................... 1
A. Summary Description. ................................................................................................... 1
B. The Design-Build Documents. ..................................................................................... 2
C. Definitions. ...................................................................................................................... 3
D. Additional Information ................................................................................................. 3
E. Additional Considerations ........................................................................................... 4
3. OVERVIEW OF REQUEST FOR PROPOSALS ................................................................. 4
A. Design-Build Procurement ........................................................................................... 4
B. “Best Value.” ................................................................................................................... 5
C. Limitations and Reservation of Rights ........................................................................ 5
D. Informational Meeting .................................................................................................. 5
E. Questions or Objections ................................................................................................ 5
F. Investigation ....................................................................................................................... 6
G. Stipend ............................................................................................................................. 6
H. Proposals ......................................................................................................................... 6
4. ESTIMATED COST ............................................................................................................... 7
5. PLANNED SCHEDULE ....................................................................................................... 7
6. LABOR AND PREVAILING WAGE REQUIREMENTS ................................................. 8
A. Prevailing Wage Requirements ................................................................................... 8
B. Skilled and Trained Workforce .................................................................................... 8
7. BONDS AND INSURANCE ................................................................................................ 8
8. PROPOSAL CONTENTS ..................................................................................................... 9
A. Cover Letter .................................................................................................................... 9
B. Price Proposal Form ....................................................................................................... 9
C. Technical Design Expertise ........................................................................................... 9
D. Construction Expertise ................................................................................................ 10
City of Cupertino Library Expansion Project
RFP for Design-Build Entities
E. Schedule ........................................................................................................................ 10
F. Design Approach ............................................................................................................. 11
G. Life-Cycle Costs ............................................................................................................ 11
H. Construction Approach ............................................................................................... 12
I. Stipend Agreement .......................................................................................................... 12
J. Non-Collusion Declaration ............................................................................................ 12
K. Exceptions ..................................................................................................................... 12
9. PROPOSAL SUBMISSION ................................................................................................. 13
A. Submittal Instructions ................................................................................................. 13
B. Public Records Exceptions and Responsibility ........................................................ 13
C. Proposer Certifications ................................................................................................ 14
10. EVALUATION OF PROPOSALS .................................................................................. 15
A. Evaluation Panel .......................................................................................................... 16
B. Review and Evaluation ............................................................................................... 16
C. Evaluation Factors ....................................................................................................... 16
D. Private Meetings with Responsive Proposers .......................................................... 18
E. Disclosure of Proposals ............................................................................................... 19
11. AWARD ............................................................................................................................ 19
12. PROTEST PROCEDURES ............................................................................................... 20
13. DISCLAIMERS AND RESERVATION OF RIGHTS .................................................. 20
A. Disclaimers .................................................................................................................... 20
B. Reservation of Rights ................................................................................................... 20
14. APPENDICES TO RFP .................................................................................................... 21
City of Cupertino Library Expansion Project
RFP for Design-Build Entities Page 1
CITY OF CUPERTINO
REQUEST FOR PROPOSALS
FROM
SHORT-LISTED DESIGN-BUILD ENTITIES
FOR THE
CUPERTINO LIBRARY EXPANSION PROJECT
The City of Cupertino (“City”) invites each of the short-listed design-build entities
(“DBEs”) to submit a proposal (“Proposal”) in response to this Request for Proposals
(“RFP”) for design-build delivery of the Cupertino Library Expansion Project (“Project”).
1. THE CUPERTINO LIBRARY
Completed in 2004, the Cupertino Library (“Library”) is part of the Santa Clara County
Library District (“District”), and is located at 10800 Torre Avenue, Cupertino, California
95014, as part of the Cupertino Civic Center complex. Additional information about the
Library may be found online at: https://sccld.org/locations/CU/.
The Library was visited by over 904,000 people in fiscal year 2018/2019. Due to the
ongoing popularity of the Library, expansion of the Library has been a goal of the City
since 2012. At 54,000 total square feet, the existing Library is the second largest library in
the District. It contains over 330,000 volumes and has a circulation of 2.5 million items.
However, the Library does not have a dedicated program room and does not currently
have enough seating during peak periods.
2. THE PROJECT
A. Summary Description. The Project involves expansion of the existing Library,
including demolition of the existing 1,175 square foot single-story Children’s Book Area
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and replacing it with a new 5,626 square foot two-story addition that will connect to the
existing Library structure. Essential Project elements include:
• creation of a new multi-purpose Program Room with 130-seat minimum audience
capacity with presentation space;
• spillover seating;
• flexible space (room can be divided and used for multiple programs
simultaneously);
• kitchenette;
• gender neutral restrooms on each floor;
• supplemental storage; and
• janitorial closet.
Additional Project objectives include:
• design and construction of the Project within the City’s cost estimate and planned
schedule for the Project, as set forth in Sections 4 and 5, respectively, below;
• relatively low life-cycle costs for a period of 15 or more years;
• highly energy efficient and sustainable; and
• highly durable finishes.
The Project will proceed in two phases, a Design Phase and a Construction Phase, each
of which will be initiated with a separate Notice to Proceed. The Notice to Proceed with
Construction Services will not be issued until the City has approved the construction
design documents developed during the Design Phase.
B. The Design-Build Documents. The Project must be designed and built consistent
with the design and program requirements developed by EHDD Architecture (“EHDD”)
for the City pursuant to Public Contract Code section 22164(a), dated June 4, 2020 (the
“Bridging Documents”), which are included as Appendix 1 hereto and incorporated
herein. Additional information regarding the scope and authority of the Bridging
Documents is set forth in the document entitled, Authority of the Bridging Documents,
included as Appendix 2 hereto and incorporated herein. A copy of the form for the
design-build contract, including the Design-Build Contract, General Conditions, Special
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Conditions, and required bond forms (collectively, the “Design-Build Contract
Documents”), are included as Appendix 3 hereto and incorporated herein. The Bridging
Documents and Design-Build Contract Documents are referenced collectively herein as
the “Design-Build Documents.” The City will not consider requests to modify the form
of the Design-Build Contract, General Conditions, or bond forms. The Project must be
designed and constructed in conformance with the Design-Build Documents, and in
compliance with all applicable local, state, and federal laws, regulations, rules, codes,
ordinances, permits, orders, and the like enacted or imposed by or under the auspices of
any governmental entity with jurisdiction over the Project or any portion of the Project
(“Laws”), including, but not limited to applicable local, state, and federal orders
pertaining to the coronavirus pandemic, as further specified in the Special Conditions to
the Design-Build Contract Documents.
C. Definitions. All capitalized terms that are used in this RFP that are not otherwise
defined herein have the same meanings provided for those terms in Article 1 of the
General Conditions.
D. Additional Information.
1. Record Drawings. A copy of the record drawings for the current Library
building, dated November 29, 2004, are included as Appendix 4 hereto, and
provided for additional reference and background information.
2. Geotechnical Report. A copy of the geotechnical report prepared by
Treadwell & Rollo dated May 29, 2002 and revised on November 4, 2002
(“Geotechnical Report”), is included as Appendix 5 hereto, and provided for
additional reference and background information.
3. City Website. Additional information about the Project, may be found on the
City’s website at: https://www.cupertino.org/our-city/departments/public-
works/city-construction-projects-capital-improvement-projects/library-
expansion-project.
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E. Additional Considerations. Additional considerations for design and
construction of the Project include the following:
• a constrained site, impacted parking, and small staging area;
• congested parking lot adjacent to the site;
• continued operation of the Library during construction, as feasible;
• connecting to existing building on two sides and two stories;
• utility relocations;
• temporary relocation of the Story Room during construction;
• seismic bracing of existing structure after demolition and during construction;
• steel structural system with piers or piles required;
• HVAC system must tie in with existing building;
• extensive electrical distribution, greater than code minimum;
• masonry exterior to match existing; and
• high quality windows and doors to match existing.
3. OVERVIEW OF REQUEST FOR PROPOSALS
A. Design-Build Procurement. The City intends to use design-build procurement
for the Project, pursuant to California Public Contract Code sections 22160 et seq. The
City previously issued a Request for Qualifications (“RFQ”) on May 12, 2020. This RFP
invites each of the responding DBEs that have been short-listed by the City following the
RFQ process pursuant to Public Contract Code section 22164(b) (individually a
“Proposer,” and collectively, “Proposers”), to submit a Proposal for design and
construction of the Project in accordance with the requirements of this RFP and the
Design-Build Documents. The City will only accept Proposals from the short-listed
Proposers, listed as follows, each of whom will be provided with electronic access to this
RFP and the appendices hereto:
• Gilbane Building Company with Group 4 Architecture
• Gonsalves & Stronck Construction with Noll & Tam Architects
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• Rodan Builders with SVA Architects
• Swinerton with Steinberg Hart
B. “Best Value.” The Design-Build Contract for the Project will be awarded, if at all,
on a “best value” basis, as determined by the City, acting in its sole discretion, and as
further specified in this RFP, including the Evaluation Factors set forth in Section 10,
below. By submitting a Proposal, a Proposer agrees that if it is selected as providing the
“best value,” it will enter into the contract with the City based on the Design-Build
Contract Documents.
C. Limitations and Reservation of Rights. This RFP is not a formal request for bids
nor an offer by the City to contract with a Proposer. The City reserves the right to amend
this RFP by addenda, which may include, but is not limited to, changes to the Design-
Build Documents or changes to the planned schedule set forth in Section 5, below,
including an extension of the deadline for submitting or evaluating the Proposals. The
City reserves the right, at all times, acting in its sole discretion, to cancel, postpone or
modify the Project or RFP procurement in the City’s best interest. The City reserves the
right, at any time, to reject any or all Proposals in whole or in part. Except as specified
herein with respect to the stipend, as set forth in subsection 3.G, below, each Proposer is
solely responsible for the expenses it incurs to respond to this RFP, including, but not
limited to, site investigation. Additional disclaimers and reservations of rights are set
forth in Section 13, below.
D. Informational Meeting. The short-listed Proposers are invited to participate in an
informational meeting via videoconference (Zoom) with representatives of the City on
June 23, 2020, at 1:00 PM for review of the Project and Proposal requirements. Proposers
are encouraged to attend. The City may elect to issue an addendum to this RFP following
the informational meeting. Login information for the videoconference will be provided
to each of the short-listed DBEs.
E. Questions or Objections. Questions regarding this RFP, the Design-Build
Documents or objections to the RFP process may only be submitted in writing via email
addressed to the City’s CIP Program Manager, Michael Zimmermann, at
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michaelz@cupertino.org. All questions or objections must be received by 5:00 PM on July
14, 2020, subject to amendment by addendum. Questions or objections must be specific
and must reference the applicable provisions(s) in the RFP by section number. Any
questions or objections that are not submitted within the time and manner specified will
be deemed waived. Written responses will be provided in addenda to this RFP
distributed by email to all short-listed DBEs. The City will not be bound by the oral
representations of any City employees, officials, or representatives. Each Proposer is
solely responsible for ensuring that it has received and reviewed each addendum before
submitting its Proposal.
F. Investigation. Proposers are solely responsible for conducting all appropriate site
investigation at their sole cost prior to submitting Proposals. Proposers that wish to
undertake any invasive testing or wish to access the existing Library must contact the
City in advance to make the necessary arrangements, which may include indemnifying
the City against any liability arising from such access and will require compliance with
all applicable social distancing protocols in light of the continuing pandemic. Each
Proposer should thoroughly review the Design-Build Documents, the Project site, and
any reference documents made available by the City.
G. Stipend. Each short-listed Proposer that submits a responsive Proposal, as
determined by the City, but that is not selected by the City for award of the Design-Build
Contract, will receive a stipend of $10,000 following award of the Design-Build Contract
or termination of the RFP process, whichever occurs first. The purpose of the stipend is
to encourage high quality, competitive Proposals, including preliminary design
documents. A Proposer will not be eligible for a stipend if it submits a late or
nonresponsive Proposal or withdraws from the RFP process. In addition, eligibility for
the stipend will be conditioned on execution of the Stipend Agreement included in
Appendix 7.
H. Proposals. The Proposals and attachments thereto, including design or
construction ideas and concepts, will become the property of the City upon submission
and City reserves the right to incorporate any such ideas and concepts in the final
construction documents for the Project.
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4. ESTIMATED COST
The City estimates that the Project will cost $6,500,000 to design and construct.
5. PLANNED SCHEDULE
The following schedule is provided for general planning, including tentative dates
(denoted with an asterisk [*]), based on currently available information. All dates and
durations are subject to revision as the procurement process and Project proceed. All
times are Pacific Time.
ACTIVITY DATE TIME
RFP distributed to shortlisted DBEs 6/19/2020
Informational Meeting 6/23/2020 TBD
Deadline for RFP questions/objections 7/14/2020 5:00 PM
Proposal Submittal Deadline 7/29/2020 5:00 PM
Preliminary Review of Proposals by Evaluation Panel 7/30-8/2/20
Private Presentation of Responsive Proposals 8/3-5/2020* TBD
Private Discussions and/or Negotiations (City option) 8/6-10/2020*
Notice of Intent to Award issued 8/10/2020*
Selected Proposer executes Contract 8/14/2020
City Council award of Design-Build Contract 8/18/2020
DBE Submits Insurance Documentation By 8/25/20
Notice to Proceed with Design Services (anticipated) 8/31/2020*
Design Development Phase Submittals (desirable by) 10/12/2020*
Demolition Constr. Documents Submittal (desirable by) 10/13/2020*
DBE Submittal for Demolition Permit (desirable by) 10/13/2020*
Construction Documents Phase Submittals (desirable by) 1/11/2021*
DBE Submittal for Construction Permit (desirable by) 1/11/2021*
Demolition Begins(desirable by) 2/9/2021*
Certificate of Occupancy issued 12/21/2021
Library FF&E Move-in Begins 12/21/2021*
Final Completion 12/27/2021
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6. LABOR AND PREVAILING WAGE REQUIREMENTS
A. Prevailing Wage Requirements. All contractors and subcontractors performing
work on the Project must be registered with the Department of Industrial Relations
(“DIR”) to perform public construction. Construction of the Project will be subject to
prevailing wage requirements for each craft, classification or type of worker needed to
perform the work, including employer payments for health and welfare, pension,
vacation, apprenticeship and similar purposes. These prevailing rates are available online
at http://www.dir.ca.gov/DLSR and on file at the City’s offices. DBE and each contractor
or subcontractor performing work on the Project which is subject to prevailing wage
requirements (as set forth in Labor Code section 1720 et seq.) must pay no less than the
specified rates to all workers employed to provide such work for the Project. The schedule
of per diem wages is based upon a working day of eight hours. The rate for holiday and
overtime work must be at least time and one-half. The Design-Build Contract will be
subject to compliance monitoring and enforcement by the DIR pursuant to Labor Code
section 1771.4. Detailed prevailing wage requirements are included in the Design-Build
Contract Documents.
B. Skilled and Trained Workforce. The selected DBE must ensure that the general
contractor and subcontractors at every tier will use a skilled and trained workforce to
perform all work on the Project that falls within an apprenticeable occupation in the
building and construction trades, in accordance with Public Contract Code section 2600
et seq.
7. BONDS AND INSURANCE
Pursuant to Public Contract Code section 22165, the DBE will be required to provide a
payment bond and a performance bond, each in the amount of 100% of the Construction
Services cost. Bond requirements are further specified in Article 4 of the General
Conditions, and the DBE must use the bond forms provided with the Design-Build
Contract Documents. The DBE or its Design Professional(s) will also be required to
provide professional liability (errors and omissions) insurance for the Design Services for
the Project as further specified in the Design-Build Contract Documents.
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8. PROPOSAL CONTENTS
Each Proposal must be submitted in compliance with the requirements of this RFP. The
City may, acting in its sole discretion, elect to reject any Proposal that it determines to be
nonresponsive. The City also reserves the right, but not the obligation, to waive any
immaterial irregularities. Each Proposal is limited to forty (40) pages. Clarity and brevity
are preferable to volume. Each Proposal must contain the following, organized as Parts
A through K, with no additional material (e.g., generic marketing brochures), in order to
ensure a fair, competitive process:
A. Cover Letter. Part A of the Proposal must be a cover letter containing a summary
of the Proposal, and binding confirmation that the Proposer certifies and agrees to the
terms and conditions set forth in this RFP, including, but not limited to, the certifications
set forth in subsection 9.C below. The cover letter, as well as each of the separate forms
that must be executed and included with the Proposal, as further specified below, must
be executed by an individual or individuals who are authorized to bind the Proposer to
the terms of the Proposal, and the individual(s) signing on behalf of the Proposer must
be clearly identified by name and title. If the Proposer is a corporation, signatures from
two officers of the corporation are required as further specified in California Corporation
Code section 313.
B. Price Proposal Form. Part B must include the completed and executed Price
Proposal Form, which is included in Appendix 6 hereto. Complete and execute the Price
Proposal Form as indicated, consistent with the execution requirements set forth in
subsection 8.A, above.
C. Technical Design Expertise. Part C must provide information regarding the
technical design expertise of the Proposer and members of the Proposer’s Design-Build
Team as it relates to this Project, including, but not limited to, the Design Professional(s)
and their subconsultants. Describe how any in-house expertise within each member of
the DBE Team providing Design Services may be implemented on this Project. Submit a
table showing the planned staffing assigned to the Design Phase, including a list of all
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individuals assigned to perform Design Services directly on the Project with each
individual’s name, job classification, existing employees or employees to be hired or non-
employees (independent consultants), the hours each individual is assigned to the Project
during the Design Phase, and total hours expected to be expended during the Design
Phase. Identify any proposed changes to Proposer’s previously submitted Statement of
Qualifications (“SOQ”), including, but not limited to, any proposed changes to proposed
DBE Team members and key personnel. Note: The City reserves the right to reject any
proposed substitutions of team members, subcontractors, or key personnel which were listed in the
SOQ, including the right to disqualify any short-listed Proposer for material changes to its SOQ
in this regard which are unacceptable to the City.
D. Construction Expertise. Part D must provide information regarding the
construction expertise of the Proposer and members of the Proposer’s Design-Build Team
as it relates to this Project, including, but not limited to, the general contractor; the
electrical, mechanical, and plumbing subcontractors; and any other subcontractors that
the Proposer intends to use for the Project. Describe how any in-house expertise within
each member of the DBE Team providing Construction Services may be implemented on
this Project. Submit a table showing the planned staffing assigned to the site management
during the Construction Phase, including a list of all individuals assigned to perform
work directly on the Project with each individual’s name, job classification, existing
employees or employees to be hired or non-employees (independent consultants), the
hours each individual is assigned to the Project during the Construction Phase, and the
total hours expected to be expended during the Construction Phase. Identify any
proposed changes to Proposer’s previously submitted SOQ, including, but not limited to,
any proposed changes to proposed DBE Team members and key personnel. Note: The City
reserves the right to reject any proposed substitutions of team members, subcontractors, or key
personnel which were listed in the SOQ, including the right to disqualify any short-listed Proposer
for material changes to its SOQ in this regard which are unacceptable to the City.
E. Schedule. Part E must include a realistic and achievable proposed schedule for
design (including design review by the City and Fire Marshal), permitting, and
construction of the Project, including the proposed schedule for issuance of occupancy
permits. The schedule should be accompanied by a summary narrative that explains the
Proposer's approach to timely delivery of the Project. The schedule must take into
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consideration anticipated weather days; time for City review of submittals (including
time for resubmission) during the Design Phase and the Construction Phase; lead times
for ordering materials and equipment; and the planned date for Final Completion (as
defined in Article 1 of the General Conditions in the Design-Build Contract Documents)
by the date specified in Section 5, above. Identify any recommendations to ensure timely
or early completion of the Project, if any, including any changes to sequencing or
durations reflected in the planned schedule provided in Section 5, above. Identify any
variations from the City’s planned schedule provided in Section 5, above.
F. Design Approach. Part F must describe the Proposer’s planned approach to
design of the Project, consistent with the Bridging Documents.
1. Summarize the proposed design approach, attaching preliminary design
documents depicting the overall design concept in a form the best conveys
Proposer’s design ideas (e.g. diagrams, floor plans, elevations, sections, details,
site improvements, landscaping, mechanical, electrical, and/or concept material).
2. Describe how the design approach will implement the program
requirements and performance criteria set forth in the Bridging Documents.
3. Describe how the design approach will exceed the program requirements
and performance criteria set forth in the Bridging Documents, including, but not
limited to, approaches to reducing annual operating costs and any value-added
enhancements, including, but not limited to, green building strategies.
4. Describe any proposed value engineering modifications to the Bridging
Documents that are recommended for construction cost savings, operation costs
and efficiency, energy savings, or improving life-cycle costs.
G. Life-Cycle Costs. Part G must describe the anticipated life-cycle costs of the
proposed design over 15 years or more, with a life-cycle cost analysis ("LCCA") to address
anticipated maintenance, service, utilities, and system/component replacement costs for
the following: energy systems, mechanical systems, electrical systems, structural systems,
building envelope, and site improvements.
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H. Construction Approach. Part H must describe the Proposer’s approach to
ensuring safe, on-time and efficient construction in compliance with the Design-Build
Documents, the planned schedule, and applicable Laws. Include a work plan that
generally addresses, at a minimum, the following elements: the overall management
plan; quality assurance and quality control plan; subcontractor qualification criteria and
standards; integration and coordination of design and construction; City reviews;
jurisdictional approvals; cost control plan; packaging and phasing, if any; safety plan;
preliminary construction logistics plan, shown in progressive phases, indicating locations
proposed for trailers, fences, storage areas, etc.; commissioning plan (the City will hire a
third party to commission the building); and measures to mitigate unforeseen conditions
(e.g. level of manpower resources that Proposer will apply in the first three months
following the Notice to Proceed with Design Services to mitigate unforeseen conditions;
assurance that scoping documents and existing conditions are fully examined,
understood, and coordinated with design efforts; satisfying jurisdictional requirements
for the Project).
I. Stipend Agreement. Part I must include the completed and executed Stipend
Agreement, which is included in Appendix 7 hereto. Complete and execute the Stipend
Agreement as indicated, consistent with the execution requirements set forth in
subsection 8.A, above.
J. Non-Collusion Declaration. Part J must include the completed and executed Non-
Collusion Declaration, which is included in Appendix 8 hereto. Complete and execute
the Non-Collusion Declaration as indicated, consistent with the execution requirements
set forth in subsection 8.A, above.
K. Exceptions. Part K must specifically identify and explain any exceptions, if
any, to the Bridging Documents. State if no exceptions are taken. Note: The City
reserves the right to reject any exceptions that the City determines are not in the City’s
best interest or to reject a Proposal as non-responsive based on exceptions that are
unacceptable to the City as inconsistent with the Project objectives as set forth in the
Bridging Documents and expressed herein.
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9. PROPOSAL SUBMISSION
A. Submittal Instructions. Proposals must be received by the City no later than 5:00
PM on July 29, 2020, subject to amendment via addendum (“Proposal Submittal
Deadline”). Each responding DBE must upload an electronic copy of its Proposal and
attachments (in Adobe PDF format, accompanied by editable native format copy of any
spreadsheets in the PDF) via the City’s online portal for its Department of Public Works
in the “Business Opportunities” portion of the City’s website at:
https://apps.cupertino.org/bidmanagement/index.aspx
Late submittals may be disregarded as nonresponsive. Submitting an electronic
document via the portal may take more time than anticipated depending on the file size.
Please allow adequate time to complete the online submission before the Proposal
Submittal Deadline. Proposal submissions which are in progress at the time of the
Proposal Submittal Deadline will be automatically rejected by the system, which will not
allow any submissions following the Proposal Submittal Deadline. Neither paper copies
nor data storage devices (e.g., thumb drives) will be accepted. Any request to withdraw
a submitted Proposal must be submitted via email addressed to the City’s CIP Program
Manager, Michael Zimmermann, at michaelz@cupertino.org, before the Proposal
Submittal Deadline.
B. Public Records Exceptions and Responsibility. If a Proposer believes that any
portion(s) of its Proposal are exempt from disclosure under the California Public Records
Act (Govt. Code section 6250) (the “CPRA”), it is the Proposer’s responsibility to (1)
identify the portion(s) that it believes to be exempt from disclosure, clearly and with
specificity; (2) for each such portion, identify the applicable exemption in the CPRA; and
(3) clearly state the factual basis for applying the exemption as specified. By submitting
an Proposal, Proposer agrees that it is Proposer’s sole responsibility to respond to any
legal challenge for disclosure of its Proposal in whole or in part, and DBE agrees that it
will indemnify, defend, and hold City harmless against any such CPRA challenge with
respect to the contents of its Proposal.
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C. Proposer Certifications. By submitting a Proposal, each Proposer further certifies
and agrees to each of the following:
1. Statements and Representations. DBE certifies that all statements and
representations made in its Proposal, or incorporated by reference, are true,
correct, and materially complete.
2. Proposal. DBE agrees that its Proposal will remain valid for at least 90 days
following the Proposal Submittal Deadline.
3. Design Standards. Except as expressly and clearly specified in its Proposal,
DBE certifies that its proposed design will meet or exceed the minimum standards
and performance criteria set forth in the Bridging Documents.
4. Planned Project Schedule. DBE certifies its ability and intent to meet the
Project schedule submitted with its Proposal, consistent with the scheduling
requirements and milestones set forth in the Design-Build Documents.
5. Qualifications. DBE certifies that all information that it submitted to the
City in its SOQ remains true, complete, and correct unless otherwise expressly and
clearly stated in its Proposal.
6. Financial Ability. DBE certifies that it is not aware of any facts that would
materially impair its financial ability to perform the Services for the Project and
that it has sufficient liquid assets to pay its debts as and when they fall due.
7. Design-Build Documents. DBE certifies that it fully understands and has no
questions regarding any of the Bridging Documents, and if selected by the City for
the Project, agrees to execute the Design-Build Contract based on the form
provided with the Design-Build Contract Documents, without exceptions.
8. Licenses. DBE certifies that for the duration of the procurement process, it
will possess and maintain in good standing all licenses that it is required to hold
under applicable Laws in order to perform Services for the Project.
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9. Conflict of Interest. DBE, including any employees of DBE, any member
of the design-build team, or any other person relative to the services to be provided
for the Project, certifies that it does not have a prohibited conflict of interest, as
further set forth in Section 7 of the RFQ, and agrees to disclose to the City any
actual, apparent, direct or indirect, or potential conflicts of interest that may exist
with respect to DBE, any employees of DBE, any member of the design-build team,
or any other person relative to the services to be provided for the Project, as
required by Section 7 of the RFQ.
10. Non-Discrimination. DBE certifies that it will not discriminate in its hiring
or employment practices because of age, sex, race, color, ancestry, national origin,
religious creed, physical handicap, medical condition, marital status, or sexual
orientation, in accordance with section 12940 of the California Government Code,
and that it will comply with all anti-discrimination Laws, including, but not
limited to, the California Fair Employment and Housing Act (Gov. Code § 12900
et seq.).
11. Iran Contracting Act. DBE certifies it is not identified on a list created
pursuant to subdivision (b) of Public Contract Code section 2203, under the Iran
Contracting Act of 2010.
12. Immigration Reform and Control Act. DBE certifies that it is in full
compliance with the provisions of the Immigration Reform and Control Act of
1986, as well as any similar provision of applicable Laws setting forth
proscriptions or penalties relating to the employment or hiring of undocumented
aliens.
10. EVALUATION OF PROPOSALS
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A. Evaluation Panel. The Proposals will be reviewed and evaluated by a panel
including City staff and its construction management consultant (“Evaluation Panel”).
The Evaluation Panel will have the option of consulting with a separate Advisory Panel
that will include EHDD and City representatives with specialized knowledge of the
Project needs and requirements. The Evaluation Panel may consult with the Advisory
Panel on an as-needed basis with respect to technical issues, including interpretation of
the Design-Build Documents.
B. Review and Evaluation. Proposals will be reviewed based on factors set forth in
subsection 10.C, below. Pursuant to Public Contract Code Section 22164(d), the City
reserves the right to request Proposal revisions and to hold discussions and negotiations
with responsive Proposers. The City reserves the right, but assumes no obligation, to
request clarifying information from any DBE following submission of a Proposal if it
determines that further clarification is necessary to evaluate the Proposal. When the
evaluation process is completed, including the private meetings referenced in subsection
10.D, below, the Proposals will be ranked based on total scores to identify the Proposal
that provides the best value to the City. The Proposal with the highest score at the
conclusion of the review and evaluation process will be recommended for award of the
Design-Build Contract.
C. Evaluation Factors. The significant factors that the City will consider in evaluating
Proposals, and the approach to scoring each factor, are as follows (collectively, the
“Evaluation Factors”):
1. Price (0-50 points): The City’s preference is to award the Design-Build Contract
for the Project, if at all, to a Proposer who can promise timely design-build delivery
of the Project pursuant to the planned Schedule in Section 5, within the City’s cost
estimate, as set forth in Section 4, and meeting or exceeding the minimum
requirements, including performance criteria, set forth in the RFP and Bridging
Documents. However, the City may be willing to consider some reductions in
those minimum requirements in order to achieve cost savings for the public.
Accordingly, the Evaluation Panel will preliminarily rank Proposals based on
Price Proposal A submissions, in the manner set forth below, but the City reserves
the right to re-evaluate the Proposals based on Price Proposal B submissions, in
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the manner set forth below, if one or more of the Price Proposal A submissions
exceeds the City’s Project estimate of $6,500,000.
• Price Proposal A (0-50 points): The lowest price submitted for Price Proposal
A will be scored at 50 points and each higher Price Proposal A will be scored
at a proportionately lower score. The lower the price, the higher the score.
In the case of a tie for the Total Contract Price, the Proposal with the lowest
price for Construction Services will be given the higher score.
• Price Proposal B (0-25 points): If one or more of the Price Proposal A
submissions exceeds the City’s Project estimate of $6,500,000, the Price
Proposal B submissions will be considered and scored as follows: (1) up to
10 points for providing the lowest price, which each higher price scored
proportionately lower, and (2) up to 15 points for providing the best value
to the City in terms of preserving the overall Project objectives, including
aesthetic appearance, functionality, quality, life-cycle costs, and timely
completion.
2. Technical Design Expertise (0-15 points): The Evaluation Panel will evaluate
technical design expertise set forth in Part C of the Proposal in relation to the
Project objectives.
3. Construction Expertise (0-25 points): The Evaluation Panel will evaluate
construction expertise set forth in Part D of the Proposal in relation to the Project
objectives.
4. Schedule (0-30 points): The Evaluation Panel will evaluate Part E of each
Proposal in relation to the Project objectives.
5. Proposed Design Approach (0-30 points): The Evaluation Panel will evaluate
Proposer’s proposed design approach for the Project as set forth in Part F of the
Proposal in relation to the Project objectives, including consideration of the
quality, utility, clarity, and aesthetics of the proposed design concept in relation to
the Bridging Documents; the manner in which the design approach will exceed
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the program requirements and performance criteria set forth in the Bridging
Documents; and any recommended value engineering.
6. Life-Cycle Costs Over 15 or More Years (0-5 points): The Evaluation Panel will
evaluate Proposer’s LCCA submitted as Part G of the Proposal.
7. Proposed Construction Approach (0-15 points): The Evaluation Panel will
evaluate Proposer’s proposed construction approach for the Project as set forth in
Part H of the Proposal, including consideration of Proposer’s approach to ensuring
safe, on-time and cost-effective construction in compliance with the Design-Build
Documents, the planned schedule, and applicable Laws.
8. Presentation (0-25 points): The private presentation to the Evaluation Panel
by each responsive Proposer, as set forth in subsection 10.D, below, will be
comparatively evaluated based on each Proposer’s demonstrated understanding
of the City’s objectives for the Project, the Proposer’s proposed solutions and
approaches to the Project, and the Proposer’s ability to communicate effectively.
9. Responsiveness (0-5 points): The Evaluation Panel will evaluate each
Proposal for responsiveness to this RFP, including compliance with the
requirements set forth in Sections 8 and 9 of this RFP and consideration of any
exceptions (or lack thereof) set forth in Part K of the Proposal.
D. Private Meetings with Responsive Proposers. Following initial review of the
Proposals, each responsive Proposer will be invited to participate in one or more private
and confidential videoconference meetings (via Zoom) with the Evaluation Panel.
Additionally, the Advisory Panel may also attend these meetings, but responsibility for
scoring the Proposals, including the presentations, will be limited to the Evaluation Panel.
The purpose of the initial meetings will be to afford each responsive Proposer the
opportunity to fully present its Proposal to ensure that the Evaluation Panel is fully
apprised of all salient information, and to respond to any questions that members of the
Evaluation Panel may have regarding the Proposal. The City anticipates that the
Evaluation Panel will schedule one or more follow-up private meetings with one or more
of the responsive Proposers for purposes of further discussion or negotiations as
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authorized by Public Contract Code section 22164(d)(4). Each Proposer is encouraged to
have all key members of its Design-Build Team participate in the private meetings,
including, at a minimum, the lead architect and the project manager for the general
contractor.
1. Notification. Each Proposer that submits a timely, responsive Proposal will
be notified in writing when it is invited to present its Proposal to the Evaluation
Panel. The written notice may specify required attendees and time limits for the
presentation.
2. Confidentiality. In order to ensure that any discussions or negotiations are
conducted in good faith, the presentations will be conducted privately to ensure
fair competition among the Proposers and protection of Proposer work product.
In addition, the Evaluation Panel will maintain as confidential during the RFP
process any draft designs or ideas presented during the private meetings.
E. Disclosure of Proposals. Proposals will be downloaded and reviewed privately
to assure confidentiality and avoid disclosure of the contents to competing Proposers
prior to and during the City’s review, evaluation and negotiation processes. All Proposals
and materials submitted to the City in response to this RFP will remain the property of
the City, and with the exception of information clearly identified as financial or
proprietary, all Proposals will be subject to public disclosure under the CPRA when the
City has concluded negotiations with the selected Proposer.
11. AWARD
The City will award the Design-Build Contract, if at all, to the responsible DBE that is
determined by the City Council, acting in its sole discretion, to offer the best value to the
public. The City will issue a Notice of Intent to Award to the DBE whose Proposal is
determined by the Evaluation Panel to offer the best value (the “Selected DBE”), before
the City Council takes action to authorize award of the Design-Build Contract. City staff
will provide the Selected DBE with a completed copy of the Design-Build Contract based
on the Selected DBE’s Proposal and any subsequently negotiated terms. Within ten
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calendar days following issuance of the Notice of Intent to Award, the Selected DBE must
submit the executed Design-Build Contract and submit all required insurance
certifications and endorsements to the City.
12. PROTEST PROCEDURES
Any protest challenging the City’s Notice of Intent to Award to the Selected DBE must
be submitted no later than 5:00 PM, on the third business day following issuance of the
Notice of Intent to Award. The protest must be submitted in writing via email addressed
to the City’s CIP Program Manager, Michael Zimmermann, at michaelz@cupertino.org,
and must clearly specify the basis for the protest. The protest will be reviewed by the
Director of Public Works in consultation with the City Attorney’s Office, and their
determination on the protest is final. No public hearing will be held on the protest. Time
being of the essence, the City reserves the right to proceed with the design-build
procurement process notwithstanding any pending protest or legal challenge.
13. DISCLAIMERS AND RESERVATION OF RIGHTS
A. Disclaimers. This RFP is not a formal request for bids nor an offer by the City to
contract with a DBE responding to this RFP. Upon receipt, each Proposal becomes the
sole property of the City and will not be returned to the DBE.
B. Reservation of Rights. The City reserves, in its sole discretion, the right to reject
any and all Proposals, and the right (but not the obligation) to waive any immaterial
irregularities in a Proposal or the submission of a Proposal. The City reserves the right to
amend this RFP by addenda, including, but not limited to, the Proposal Submittal
Deadline. City may modify or waive any of the criteria or procedures specified in this
RFP, subject to the limitations of law. The City reserves the right to decline to award the
Design-Build Contract to any Proposer; the right to initiate a new RFQ or RFP process;
the right to delay, modify, suspend or cancel the Project or the design-build procurement
process at any time, including the right to switch to conventional design-bid-build
delivery, all based on the City’s best interests and at the City’s sole discretion. The City
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reserves the right, at any time, to reject any Proposal that is determined to contain false,
misleading, or materially incomplete information. The City reserves the right to eliminate
a Proposer from the list of short-listed DBEs if it is determined that the qualifications of
the DBE were misrepresented during the RFQ stage of the procurement process.
14. APPENDICES TO RFP
The following appendices are included with this RFP:
Appendix 1 – Bridging Documents
Appendix 2 – Authority of Bridging Documents
Appendix 3 – Design-Build Contract Documents
Appendix 4 – Record Drawings of Existing Library
Appendix 5 – Geotechnical Report
Appendix 6 – Price Proposal Form
Appendix 7 – Stipend Agreement
Appendix 8 – Non-Collusion Declaration