RFQ Issue Date: February 12, 2018 SOQ Due Date: March 16, 2018

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1 Request for Qualifications (RFQ) for On-Call Architectural and Engineering Consultant Services at the Norman Y. Mineta San José International Airport SJC City of San José, CA February 12, 2018 The City of San José (City) invites interested consultants to submit a Statement of Qualifications (SOQ) for on-call general architecture and engineering consultant services in support of the Capital Improvement Program (CIP) at the Norman Y. Mineta San José International Airport (SJC and Airport), which may be funded in part by a grant from the Federal Aviation Administration (FAA). RFQ Issue Date: February 12, 2018 SOQ Due Date: March 16, 2018 Contact Information: Norman Y. Mineta San José International Airport Attn: Fai Ali 1701 Airport Boulevard, Suite B-1130 San José, CA Deadline for Questions: February 22, 2018 This Request for Qualifications (RFQ) has been developed in accordance with the City s Consultant Selection General Policies/Requirements (Attachment A) and is intended to encourage participation of well-qualified consultants to provide the professional services and expertise deemed necessary by the City. This RFQ is posted at BidSync ( a third party online platform for the advertisement of government quotes, bids and proposals, and also at (see Business page for link). It is the responsibility of interested consultants (Proposers) to comply with the SOQ submittal requirements presented in Section III of this RFQ in order to be considered for these services.

2 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 2 of 23 I. BACKGROUND The Airport is a medium-hub serving Silicon Valley and much of the greater San Francisco Bay region. SJC is owned and operated by the City of San José and is situated on a 1,000- acre site with two parallel runways and facilities serving commercial air carriers and general aviation. Implementation of an Airport Master Plan is ongoing, with the Master Plan and Airport Layout Plan being periodically updated. Additional information about SJC is available on its website at The Consultant must be able to provide the following consulting engineering services, either through partnered firms or with in-house staff: civil engineering, architectural, electrical engineering, mechanical/plumbing engineering, environmental engineering, cost estimating and/or geotechnical engineering. Tasks will include, but not be limited to, assisting Airport staff with the implementation of the Airport s CIP, and projects such as terminal improvements and modifications, maintenance, rehabilitation, design of existing and/or new airfield, roadway, and parking pavements, and any proposed future development. The Consultant shall perform project related cost estimating work (if any) in compliance with the City s Department of Public Works Project Management Manual Cost Estimating Procedure, Number 103, dated July 10, 2006 (Attachment A) and must be consistent with all FAA requirements, such as Buy-American requirements. The format of the cost estimates shall be as specified by the Airport s Project Team. At a minimum, the format shall include an Executive Summary that summarizes the cost, the type of estimate, states the scope of the project, line item description with quantities and unit costs (organized by Master Format 2010) documents the estimate approval and schedule if applicable. The Consultant shall comply with all appropriate FAA Advisory Circulars (AC s), as may be appropriate, depending on the kind of work required pursuant to an approved Service Order to the Agreement (as defined and discussed further below), including but not limited to FAA AC E Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects. II. SCOPE OF SERVICES Up to two selected consultants will enter into a Master Consultant Agreement, in substantially similar form to that in Attachment B ( Master Consultant Agreement Exemplar ), in order to conduct specialized, as-needed design, engineering, documentation, and construction management/support services to support the Airport s operation and development. Typical tasks may include: A. PLANNING i. Assist in development of project scoping documents ii. iii. iv. Assist with other pre-design activities Assist with facilities/terminal optimization studies Assist with the development of alternatives

3 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 3 of 23 B. ENVIRONMENTAL PLANNING i. Assist with airport environmental resource permits ii. Perform environmental studies iii. Assist in environmental permitting and mitigation iv. Identify sustainability initiatives and strategies C. DESIGN MANAGEMENT SERVICES i. Provide support on FAA grant application, processing, and compliance requirements for associated grants. ii. iii. iv. Provide third party, peer, and quality assurance reviews of design deliverables and Construction Documents. Provide management and administration of professional services contracts (including design build contracts). Provide design oversight and monitor design progress and deliverables and recommend corrective action when required. v. Perform geotechnical investigations or hazmat inspection and testing services as required vi. vii. viii. ix. Support development of project general conditions. Provide contract administration support and coordination with the City s procurement and contracting processes and procedures. Assist in the development of project and program design standards. Support City and Airport Public Information and Community Outreach program with suitable documentation in a variety of media. D. ON-CALL DESIGN SERVICES i. Develop designs and construction documents for miscellaneous and precursor projects including services, but not limited to, those listed below: Environmental Landside design Tenant improvements Jet bridge modifications Airside civil and electrical design (potential Grant eligible projects) Survey Airspace studies

4 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 4 of 23 Stormwater improvements (including post-construction stormwater controls) Cost estimating services Specialty sub-consultant services (i.e. geotechnical, survey, structural engineering, electrical) Access road planning and design Land use planning Community outreach Data collection Forecasting studies GIS Support Way finding and signage E. ARCHITECTURAL SUPPORT SERVICES i. Building Code analyses and detailed Fire and Life Safety reviews. ii. iii. iv. Site and Building Systems design and review including Structural, Mechanical, Plumbing and Electrical. Review and response to Contractor communications including Request for Information and Submittals. Accessibility reviews based on the Americans with Disabilities Act (ADA) and California Building Code (CBC), Title 24. v. Review designs for compliant with CALGreen and LEED standards as needed. vi. vii. Project construction cost estimation and scheduling Architectural rendering graphic of proposed designs F. TECHNOLOGY SUPPORT SERVICES i. Security and Access Control and CCTV Systems ii. Cabling iii. Connectivity iv. End user devices v. Identify technology solutions / applications to achieve desired results vi. IP Camera design and Installation

5 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 5 of 23 G. CONSTRUCTION ADMINISTRATION/MANAGEMENT SERVICES i. Review construction documents for constructability, impact to Airport and City operations, and consistency with project schedule ii. iii. iv. Perform and/or participate in informal and formal Partnering session facilitation between City, its contractors, and stakeholders Review, monitor, and assess Construction Management services provided by others Prepare/review construction work plans (i.e. Construction Safety and Phasing Plans) v. Review construction document standard general conditions vi. vii. viii. ix. Assist in contractor pre-qualification efforts Assist in bid-award process and construction contract negotiations Evaluate bids or cost proposals Assist preparation of contract award documents x. Review and/or prepare construction quality assurance/quality control plans consistent with FAA / TSA requirements xi. xii. xiii. xiv. xv. xvi. xvii. Provide on-site representation, observation, and inspection of construction Prepare inspection and engineer s reports for submission to City or other agency such as the FAA Review pay requests Review contractor reports, as-built, and other construction documentation and ensure information is delivered to and captured in City s record keeping systems Attend job site meetings. Review and communicate information presented Perform project closeout activities. Support dispute and claims resolution analysis and reconciliation efforts Assist with the Safety Management Systems (SMS) process H. STAKEHOLDER ENGAGEMENT i. Perform and/or participate in informal and formal Partnering session facilitation between City, its contractors, and relevant stakeholders. ii. Demonstrate the ability to collaborate with a wide variety of stakeholders experienced at the Airport including Airlines, Tenants, FAA, TSA, CBP and other Regulatory Agencies. Consultant must have expert knowledge of Federal Aviation Regulations and FAA Orders, ACs, and Standard Operation Procedures related to local airspace operation, obstruction standards, and airfield planning and development, Transportation Security Agency requirements, as well as experience in airport/land use geographic information systems, airline operational engineering,

6 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 6 of 23 Airport Layout Plan preparation, graphics techniques for presentation of technical airspace/airfield information, and familiarity with SJC and Bay Area airspace issues. The Airport anticipates that the projects may be funded in part by federal grants from the FAA under the Airport Improvement Program (AIP) and other non-aviation state or federal programs. The Consultant must possess the knowledge and ability to provide guidance and input to the Airport on said programs and ensure the Airport s compliance with all applicable regulations of the FAA and other funding agency s requirements. All tasks will be assigned by designated Airport staff on an as-needed basis. Tasks may vary in scope of effort, be time-critical, and require the presence of the project manager or assistant project manager for meetings or working sessions. Tasks may also require written or verbal presentation of complex information in a concise and minimally-technical manner. III. SOQ SUBMITTAL REQUIREMENTS One (1) bound printed copy of a Statement of Qualifications for City of San Jose Airport Consultant Services for On-Call Architectural and Engineering Services and one (1) digital PDF copy on a USB flash drive shall be prepared and submitted in compliance with the following directions: A. The SOQ shall be a bound document not exceeding a total of thirty (30) pages inclusive of all content. The pages may be printed on both sides. Pages shall be sized 8½ x 11" (oversized pages are allowed if folded to 8½ x 11). Font size shall be no smaller than TimesRoman-11/Arial-10 or equivalent. Do not submit any supplemental materials. B. Include a maximum of 2-3 page signed cover letter summarizing the qualifications of the firm and the proposed project team (including any sub consultants or joint ventures), identifying both a proposed project manager and assistant project manager along with the office/location out of which they are based, and accepting the terms, conditions and insurance requirements set forth in the Exemplar (referenced in Attachment B). Include a brief summary of the firm s staff professionals and technical profile, including the number of personnel by type, title, licenses, area of expertise, and positions. C. Company History: Proposer shall include a description of the business history and number of years in operation, number of employees, when firm was established, principals of firm and any other related information. The Proposer shall include any experience in airport consulting services, specifically in the San José/San Francisco Bay Area. D. Project Manager/Engineer and Project Team Experience: Provide a narrative describing the role of the project manager and assistant project manager to be assigned to SJC. In addition, list all key team members. Provide an organization chart showing the lines of communication, authority and assigned responsibility. For each individual shown on the organization chart, identify their company affiliation and office location, provide a resume and indicate their potential availability and accessibility to fulfill the scope of services beginning June 2018.

7 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 7 of 23 E. Representative Projects: Present a summary description of the most representative projects the proposed key team personnel have conducted or participated in within the last five (5) years. Include project name, client contact person, timeframe of service, and role of key personnel. F. Engineering Experience: Describe the firm s experience with airfield engineering design and construction management (i.e. Runway, Taxiway and Apron design, Roadways, Storm water, Airfield Electrical, etc.), engineering evaluations of existing Airport structures, and modifications to existing utility systems. G. Environmental Experience: Describe the firm's experience with airport environmental resource permits, environmental studies, permitting and mitigation. Include a list of the specific regulatory agencies with whom the firm has worked. H. Architectural Experience: Describe the firm s experience with designing aviation support facilities (i.e. GSE Maintenance, warehouse, aircraft hangars, ARFF buildings, etc.), renovations of existing Airport terminal space, and modifications to existing building systems. I. Location of Firm: The Proposer shall identify the location of the office from which the Project Manager and Assistant Project Manager will operate. Include work product capabilities of that office, personnel permanently assigned to that office and their relationship to the work performed under this contract. J. FAA Experience: List San Francisco Office Airport District Office FAA Grant dollar amounts, airport recipients, airport contacts and telephone numbers for the last five (5) years. Include names of the individuals at the District Office that are most familiar with the referenced grants. K. Grant Experience: Describe the firm's experience with obtaining grants for airports other than FAA and State aviation grants. List the grant source, the grant amount, the contact name and contact phone number L. Why Select Your Firm (2 page maximum): This is your opportunity to provide any additional information about your organization, your staff, special equipment or specialized knowledge that you feel may be important to the selection decision process M. State if the firm is certified DBE or if any of the sub-consultants the firms intends to use are DBE certified. N. Disclosure of Litigation and Disputes: The City may use any of the information provided under this part of the RFQ to determine the qualifications and responsibility of the proposer. The City may reject the proposal based on the information provided. 1. Pending and Past Events. The Proposer must disclose the occurrence of any of the following events that occurred within 5 years before the date of the issuance of this RFQ, that involved the Proposer and/or any parent company, subsidiary, affiliate, partner or principal

8 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 8 of 23 of the Proposer (collectively Related Entities ), and that arose from providing consultant services. Any past or pending claims, settlements, arbitrations, litigation proceedings, or civil actions involving USD$500, or more, whether against or initiated by the Proposer and/or any Related Entities, Any criminal actions, Any current or threatened legal or administrative actions or claims by or against a public entity, Any enforcement action by a federal, state or local regulatory agency, The suspension or revocation of any professional license, and Any liquidated damages, or administrative fines, charges or assessments, that were paid by the Proposer and/or any Related Entities, and that individually exceed USD$500, or cumulatively exceed USD$500, over a 1-year period of time, For any disclosable event, the Proposer must provide the following information, as applicable: The name of the claim, arbitration, litigation, action or event, The court in which the action is pending or occurred, and its case number, and A short description of the event, including the dates of the event(s), and a description of the parties, the dispute, the nature of the proceedings, the amount at issue, any criminal charges, and the resolution of event or the status of the event if it is pending. 2. For Cause Termination The Proposer must disclose whether the Proposer or any Related Entity has been terminated for cause by any client in the 10 years before the date of issuance of this RFQ. For any such event, provide the following information: The name of the other party and the contract, and A short description of the event, including the dates of the event(s), the facts leading to the for cause termination, and the resolution of the matter.

9 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 9 of Disclosure of Clients with Adverse Interests The Proposer must disclose whether it provides services to any client that has a pending or threatened claim, legal or administrative action, arbitration, litigation proceeding, civil action or other dispute (collectively Dispute ) against the City if the services provided the client relate in any manner to the Dispute. For each such client, provide the name of the client and a general description of the scope of services. O. The completed SOQ package shall be submitted to: Norman Y. Mineta San José International Airport Attn: Fai Ali, Associate Engineer 1701 Airport Boulevard, Suite B-1130 San José, CA P. SOQs must be received by 5:00 p.m. PST on March 16, All questions regarding this RFQ must be submitted via the BidSync website ( to the City s designated contact by February 22, :00 p.m. PST. The City will respond to questions through issuance of an RFQ Addendum to be posted by February 28, :00 p.m. PST, on the BidSync website. IV. CONSULTANT SELECTION This is a qualifications-based consultant selection process. A confidential selection panel will review and score the submitted qualifications statements according to the following weighted evaluation criteria to establish a ranked consultant list. Evaluation Criteria Scoring Value A. Experience of the Firm in Airport Engineering and up to 20 points Architectural Work: B. Experience of Project Manager and Assistant Project up to 20 points Manager: C. Experience of Key Project Team Members: up to 15 points D. Experience with FAA grants, Advisory Circulars, up to 15 points Technical Specifications: E. Experience with Stakeholder Engagement: up to 15 points F. SOQ Clarity and other factors: up to 15 points Scores for the SOQ screening shall be out of a total of 100 points. The combined scoring of the selection panel will determine the ranking list. Depending on the number of SOQs received and the scoring values, the highest ranked firms may be invited to interview with

10 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 10 of 23 the selection panel. The interviews would also be scored out of 100. At the conclusion of the selection process, the City may enter into up to two (2) Master Consultant Agreements with the top-ranked firm(s) as determined by the City s review panel scoring of the SOQs and, if necessary, subsequent interviews. The execution of a signed Master Consultant Agreement will be subject to approval by the San José City Council. The Master Consultant Agreement will, upon execution, be valid for a term of up to five (5) years. Total compensation shall not exceed $6,000,000 over the entire term of the agreement for each Agreement. If the Airport enters into a single Agreement, the total compensation shall be $6,000,000. V. SCHEDULE (dates after the SOQ submittal deadline may be refined) RFQ Issued: February 12, 2018 Deadline for Questions: February 22, 2018 (5 p.m. PST) Addendum Posting (if any): February 28, 2018 (5 p.m. PST) SOQ Submittal Deadline: March 16, 2018 (5 p.m. PST) Short List Interviews and Selection: April 2, 2018 April 13, 2018 City Council Action: May 2018 Start Date of Agreement: June / July 2018 VI. COMMUNICATIONS REGARDING THE RFP A. Submitting a Question or Objection Proposer must submit any questions and/or objections to this RFQ to the contact person listed on the cover sheet of the RFQ via BidSync. Contacting any City representative(s) other than the contact person about this RFQ, or contacting the contact person other than by using BidSync, are prohibited and are grounds for disqualification. B. Content of Question or Objection Questions and/or objections must be as specific as possible and must identify the RFQ section number and title at issue. A proposer submitting an objection must describe the objection as specifically as possible and set forth the rationale for the objection. C. Deadline for Submitting a Question and/or Objection Proposer must submit any questions or objections no later than the Deadline for Submitting Questions and/or Objections indicated on the cover sheet of this RFQ. D. City s Issuance of Addenda, Notices and Answers to Questions The City will post all addenda and notices regarding this RFQ on BidSync. The City may provide a written response to any question(s) and/or objection(s) in the form of a single answer or by issuing an addendum.

11 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 11 of 23 E. Proposers are Responsible for Checking BidSync The addenda, notices and answers to questions issued by the City on BidSync become part of this RFQ. Each proposer is responsible for checking BidSync for addenda, notices and answers to questions. In the event a proposer obtains this RFQ through any means other than BidSync, the City will not be responsible for the completeness, accuracy or timeliness of the final RFQ document. F. Relying on Other Written or Oral Statements Prohibited Proposer can rely only on this RFQ and any subsequent addenda, notices and answers issued by the City on BidSync. Proposers cannot rely on any other written or any oral statements of the City or its officers, Directors, employees or agents regarding the RFQ. VII. PROTESTS A. Procedures for Protesting A proposer that submitted Qualifications can protest the consultant rankings only after the City issues the final notice of the rankings. A Consultant that desires to protest the Consultant rankings must submit a written protest addressed as follows: Norman Y. Mineta San José International Airport Attention: Judy Ross, Interim Assistant Director 1701 Airport Boulevard, Suite B-1130 San José, CA The written protest must detail the grounds and factual basis of the protest, and must include all relevant supporting information. B. Time for Submitting Protest A proposer desiring to protest the rankings must submit its written protest no later than ten (10) business days after the date on the final notice of the rankings. The failure to submit a written protest within this time period is a bar to protesting the rankings. C. Grounds for which No Protest is Allowed There is no right to protest based on the following: a. Incomplete (non-responsive) Proposal; b. Late submission of Proposal; or c. A dispute regarding the RFQ requirements and/or specifications that could have been addressed by submitting a question and/or objection in accordance with Section VI. D. Director s Decision The Director or an appropriate designee of the Director will issue a written decision on any protest. The Director, or designee, may base the decision on the written

12 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 12 of 23 protest alone or may informally gather evidence from the proposer filing the protest or any other person having relevant information. VIII. GROUNDS FOR DISQUALIFICATION A. All Proposers are expected to have read and understand the "Procurement and Contract Process Integrity and Conflict of Interest", Section 7 of the Consolidated Open Government and Ethics Provisions adopted on August 26, A complete copy of the Resolution can be found at: Any Proposer who violates the Policy will be subject to disqualification. Generally, the grounds for disqualification include: 1. Contact regarding this procurement with any City official or employee or Evaluation team other than the Procurement Contact from the time of issuance of this solicitation until the end of the protest period. 2. Evidence of collusion, directly or indirectly, among Proposers in regard to the amount, terms, or conditions of this proposal. 3. Influencing any City staff member or evaluation team member throughout the solicitation process, including the development of specifications. 4. Evidence of submitting incorrect information in the response to a solicitation or misrepresent o fail to disclose material facts during the evaluation process. B. In addition to violations of Process Integrity Guidelines, the following conduct may also result in disqualification: 1. Offering gifts or souvenirs, even of minimal value, to City officers or employees. 2. Existence of any lawsuit, unresolved contractual claim or dispute between Proposer and the City. 3. Evidence of Proposer s inability to successfully complete the responsibilities and obligations of the proposal. 4. Proposer s default under any City agreement, resulting in termination of such Agreement. IX. MISCELLANEOUS PROVISIONS 1. City s Right to Terminate Process The City reserves the right to terminate this RFQ at any time. 2. Costs of Preparing Submittal Consultant bears all costs associated with its efforts in responding to this RFQ.

13 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 13 of Gifts Prohibited a. Chapter of the San Jose Municipal Code generally prohibits a City officer or designated employee from accepting any gift(s). The Consultant selected as a result of this procurement will be required to comply with Chapter (See Attachment B Master Consultant Agreement Exemplar.) b. By submitting a response to this RFQ, the Consultant represents that: It is familiar with the requirements of Chapter 12.08, and It has complied with, and throughout the remainder of this procurement will continue to comply with, the requirements of Chapter The Consultant s failure to comply with Chapter at any time during this procurement is a ground for disqualification. 4. Disqualification of Former Employees a. Chapter of the City s Municipal Code generally prohibits a former City officer or designated employee, as defined in Chapter 12.10, from providing services to the City connected with his/her former duties or official responsibilities. The Consultant selected as a result of this procurement will be prohibited from either directly or indirectly using any former City officer or designated employee to perform services in violation of Chapter (See Attachment B Master Consultant Agreement Exemplar.) b. By submitting a response to this RFQ, the Consultant represents that: It is familiar with the requirements of Chapter 12.10, and Its response to this RFP does not contemplate the use of any former City officer or designated employee in violation of Chapter The Consultant s failure to comply with Chapter at any time during this procurement is a ground for disqualification. 5. Unfair Competitive Advantage a. The City seeks to procure consultant services through a competitive, impartial process in which all consultants are treated fairly. A Consultant that has an actual or apparent unfair competitive advantage jeopardizes the integrity of the competitive process. b. A number of different situations can give rise to an actual or apparent unfair competitive advantage. Most commonly, an actual or apparent unfair competitive advantage arises because the Consultant or one of its subconsultants has unequal access to nonpublic information or unique insight into the scope of work. Whether an unfair competitive advantage exists depends on the specific facts of each situation.

14 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 14 of 23 c. The existence of an unfair competitive advantage is a basis for the City to disqualify a Consultant s participation in this RFQ. If the City determines that a Consultant is disqualified because of the existence of an unfair competitive advantage, it will provide the Consultant with a written statement of the facts leading to its conclusion that an unfair competitive advantage exists. The Consultant may protest the determination in accordance with Section VII of this RFQ. Notwithstanding anything to the contrary in Section VII, the Consultant shall submit its written protest no later than 5 business days after the date of the City s letter of disqualification. d. The Consultant represents that before submitting a response to the RFQ it investigated and considered the issue of potential unfair competitive advantage, including considering any sub-consultants it has worked with. By submitting a response to the RFQ, the Consultant further acknowledges that performing the work resulting from this RFQ potentially could be the basis of creating an actual or apparent unfair competitive advantage for any future work. The City strongly advises Consultants to consult with their legal counsel regarding these issues. 6. Conflict of Interest a. Each Consultant submitting a Proposal is responsible for determining whether or not its participation, as well as the participation of any of its subconsultants, in the contract that is the subject of this RFQ constitutes a conflict of interest or a potential conflict of interest. Each Consultant must investigate and manage any potential conflict of interest as part of considering whether to submit a Proposal and when assembling its project team. Each Consultant also is solely responsible for considering what potential conflicts of interest, if any, entering into the contract that is the subject of this RFQ might have on its ability to obtain future contracts for any related, future phases of work. The conflict of interest laws are complicated and determining the existence of a conflict of interest involves a fact intensive analysis of each particular situation. Consultants are strongly advised to consult with their legal counsel with regard to these conflict of interest matters b. The successful Consultant will be required to avoid all conflicts of interest or appearance of conflicts of interest in performing the services. (See, Attachment to Exemplar Consultant Agreement.) The successful Consultant will be required to: Acknowledge that it is familiar with the conflict of interests laws, Certify that it does not know of any facts that constitute a conflict of interest; and Agree to immediately notify the City if it becomes aware of any facts giving rise to a conflict of interest.

15 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 15 of 23 c. Although there are a number of conflict of interest laws and regulations with which Consultants must be familiar, the following are the 2 primary ones. The following descriptions of these 2 conflict of interest laws are very general and are intended to serve only as a starting point in each Consultant s consideration of the issue. Political Reform Act (Government Code Sections ): In general, the Act prohibits public officials from making, participating in making, or using their official position to influence a governmental decision in which they have a financial interest. Under the Act, an individual providing consultant services to the City is deemed to be a public official if the individual either (A) makes certain specified types of governmental decisions, or (B) serves in a staff capacity and in that capacity either (1) participates in making a governmental decision, or (2) performs the same or substantially all the same duties for the City as a City employee who is required to complete a disclosure form under the Act. For more information on this topic, see the California Fair Political Practices Commission s website at If an individual providing consultant services to the City or an individual employee of the selected Consultant is deemed to be a public official, then the individual must fill out and submit to the City a Statement of Economic Interests disclosure form, commonly known as a Form 700. (See, Exemplar Consultant Agreement.) The scope of the required disclosure is tailored to the nature of the work that the individual will be performing. Government Code Section 1090: Section 1090 reflects the common law prohibition against self dealing. Unlike the Political Reform Act, which applies to all government decisions, Section 1090 applies to contracts. In general, it prohibits a government official or employee from entering into a contract that he/she was involved in making. Section 1090 is concerned with financial interests other than those that are remote or minimal. It is generally accepted that Section 1090 applies to consultants who carry out duties commensurate with those of government employees. Moreover, the making of a contract is defined broadly under Section 1090 and would include a consultant s participation in preliminary discussions, negotiations, compromises, reasoning, planning, drawing of plans and specifications, and solicitations for bids. Violating Section 1090 can result in the consultant agreement being void, the Consultant having to disgorge public funds, and the public entity not having to restore the benefits it received. It can also lead to criminal charges.

16 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 16 of 23 d. Given the complexity in determining the existence of a conflict of interest, it is hard to generalize about what facts might, or might not, result in a conflict of interest. Accordingly, the following are intended to be no more than some general guidelines that Consultants should treat solely as a starting point in its analysis. Generally speaking, there is a greater risk for conflicts of interest when a Consultant seeks progressive participation in various phases of a project. This risk is fairly limited when a Consultant seeks a contract related to a project for which the Consultant prepared only general, planning type of documents, such as needs assessment reports, environmental review documents, geotechnical reports, site surveys, and site condition assessments. The following situations would tend to pose a higher risk of a conflict of interest and would merit a closer analysis of the issue by a Consultant: The Consultant is seeking a contract in which it participated in the development of the RFI, RFP, RFP or bid documents. The Consultant is seeking a contract that would involve it reviewing any of its own work performed under another contract. The Consultant is seeking a contract for a project that is part of a program for which the Consultant provides general program management services. The concern would be that, as a general program manager, the Consultant probably would be involved in defining the program, the projects within the program and, therefore, necessarily the resulting contracts. The Consultant is seeking a contract for a project in which it prepared the conceptual report. The concern would be that the conceptual report would generally define the project and contract scope. The Consultant is seeking a contract for a project in which it prepared an alternative analysis report. The concern would be that such a report proposes to decision makers the various alternatives in project scope, cost, schedule and environmental impact. Determining a conflict of interest would require an analysis of the extent of the Consultant s participation in the decision-making process of selecting a preferred alternative. e. The existence of a conflict of interest is a basis for the City to disqualify a Consultant s participation in this RFQ. If the City determines that a Consultant is disqualified because of the existence of a conflict of interest, it will provide the Consultant with a written statement of the facts leading to that conclusion. The Consultant may protest the determination in accordance with Section VII of this RFQ. Notwithstanding anything to the contrary in Section VII, the Consultant shall submit its written protest no later than five (5) business days after the date of the City s letter of disqualification.

17 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 17 of Discrimination It is the City s policy that the selected Consultant shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, actual or perceived gender identity, disability, ethnicity, or national origin, in connection with or related to the performance of City of San José contracts. 8. Public Nature of Submissions All submissions and other correspondence with the City regarding this RFQ become the exclusive property of the City and become public records under the California Public Records Act (California Government Code section 6250 et seq.) All submissions and other correspondence will be subject to the following requirements: a. The City has a substantial interest in not disclosing submissions during the evaluation process. For this reason, the City will not disclose any part of the Qualifications before it issues the Final Notice of rankings. After issuance of the Final Notice of rankings, all submissions will be subject to public disclosure. b. There are a limited number of exceptions to the disclosure requirements under the Public Records Act, such as for trade secret information. The City is not in a position to determine what information in a submission, if any, may be subject to one of these exceptions. Accordingly, if a Consultant believes that any specific portion of its submission is exempt from disclosure under the Public Records Act, the Consultant must mark the portion of the submission as such and state the specific provision in the Act that provides the exemption and the factual basis for claiming the exemption. For example, if a Consultant believes a submission contains trade secret information, the Consultant must plainly mark the information as Trade Secret and refer to the appropriate section of the Public Records Act which provides the exemption for such information and the factual basis for claiming the exemption. c. If a request is made for information in a submission that a Consultant has properly marked as exempt from disclosure under the Public Records Act (e.g. information that the Consultant has marked as Confidential, Trade Secret or Proprietary ), the City will provide the Consultant with reasonable notice of the request and the opportunity to seek protection from disclosure by a court of competent jurisdiction. It will be the Consultant s sole responsibility to seek such protection from a court. d. Any submission that contains language attempting to make all or significant portions of the submission exempt from disclosure or that fails to provide the exemption information required above will be considered a public record in its entirety. Therefore, do not mark your entire submission as confidential, trade secret, or proprietary.

18 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 18 of City Business Tax The successful Consultant will need to comply with the San Jose Municipal Code Chapter 4.76 with respect to payment of the City Business Tax before commencing any work on the project. Contact Finance/Revenue Management at (408) to determine the applicable tax rate(s). 10. Environmentally Preferable Procurement Policy The City has adopted an Environmentally Preferable Procurement (EPP) policy. The goal is to encourage the procurement of products and services that help to minimize the environmental impact resulting from the use and disposal of these products. These products include, but are not limited to, those that contain recycled content, conserve energy or water, minimize waste or reduce the amount of toxic material used and disposed. Computers and other electronics are a growing focus of environmentally preferable purchasing activities due to their high prominence in the waste stream, their numerous hazardous chemical constituents, and their significant energy use. Moreover, when these products are improperly disposed of they can release hazardous substances that pollute the environment. a. In support of this policy, the selected consultant will be required to work with the City to apply this policy where it is feasible to do so. In addition, proposers should address any environmental considerations with their proposal response. b. The entire EPP policy may be found in the City s internet site at the following link: X. AIRPORT SPECIFIC PROCUREMENT PROVISIONS 10.1 Disadvantaged Business Enterprise (DBE) Program: This provision applies to this procurement if any of the services provided by the consultant will be, or might be, AIP funded (see Section 2) General: Because it anticipates being awarded $250,000 or more in AIP funded contracts during the federal fiscal year, the City has an approved DBE program on file with the FAA. A copy of the Airport s FAA-approved federal fiscal year Program and DBE goal methodology is available at Program Goal: Under the DBE program, the City has established an overall DBE participation goal of 6.30% for the Airport for Federal Fiscal Years The City is committed to meeting its overall DBE participation goal from 100% race-neutral participation and 0% through race-conscious measures (contract goals). No contract goal has

19 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 19 of 23 been established for this procurement and no demonstration of good faith efforts is required City Expectations: The City is committed to attracting and enhancing diverse business participation amongst DBEs, minority-owned businesses, women-owned businesses and other small and local businesses in its Airport contracts. The City encourages and expects consultants performing Airport contracts to do the same Become A Certified DBE: The City also encourages minority and women-owned firms that may qualify a DBEs to become certified. Firms interested in applying for DBE certification can learn about certification requirements and apply at Please note that DBE firms must be certified as such before execution of a contract Disadvantaged Business Enterprise Race/Gender Neutral Means The requirements of 49 CFR part 26 apply to the agreement resulting from this procurement. It is the policy of the City to practice nondiscrimination based on race, color, sex, or national origin in the award or performance of the agreement resulting from this procurement. The City encourages participation by all firms qualifying under this solicitation regardless of business size or ownership Notice Of Requirement For Affirmative Action To Ensure Equal Employment Opportunity N/A 10.3 Title VI Solicitation Notice: The City, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 USC 2000d to 2000d-4) and the Regulations, hereby notifies all Proposers that it will affirmatively ensure that any agreement entered into pursuant to this procurement, disadvantaged business enterprises will be afforded full and fair opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award Certification Of Proposer Regarding Debarment: This provision applies to this procurement if any of the services provided by the consultant will be, or might be, AIP funded (see, Section 2.1, entitled Agreement Type/AIP Funding), and the maximum compensation of the resulting agreement will exceed $25,000. By submitting a bid/proposal under this solicitation, the bidder or offeror certifies that neither it nor its principals are presently debarred or suspended by any Federal department or agency from participation in this transaction.

20 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 20 of 23 Furthermore, the successful proposer, by administering each lower tier sub-consultant agreement that exceeds $25,000 as a covered transaction, must verify each lower tier participant of a covered transaction under the project is not presently debarred or otherwise disqualified from participation in this federally assisted project. The successful bidder will accomplish this by: 1. Checking the System for Award Management at website: 2. Collecting a certification statement similar to the Certification of Proposer Regarding Debarment, above. 3. Inserting a clause or condition in the covered transaction with the lower tier contract. If the Federal Aviation Administration later determines that a lower tier participant failed to disclose to a higher tier participant that it was excluded or disqualified at the time it entered the covered transaction, the FAA may pursue any available remedies, including suspension and debarment of the non-compliant participant Federal Fair Labor Standards Act (FLSA) All agreements and sub-agreements that result from this procurement will incorporate by reference the provisions of 29 CFR part 201, the Federal Fair Labor Standards Act (FLSA), with the same force and effect as if given in full text. The FLSA sets minimum wage, overtime pay, recordkeeping, and child labor standards for full and part-time workers. The successful proposer will have full responsibility to monitor compliance to the referenced statute or regulation. The successful proposer will have to address any claims or disputes that arise from this requirement directly with the U.S. Department of Labor Wage and Hour Division Trade Restriction Certification This provision applies to this procurement if any of the services provided by the consultant will be, or might be, AIP funded (see, Section 2.1, entitled Agreement Type/AIP Funding). By submission of an offer, the Offeror certifies that with respect to this solicitation and any resultant contract, the Offeror 1) is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms as published by the Office of the United States Trade Representative (USTR); 2) has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country

21 RFQ SJC On-Call Architectural and Engineering Consultant Services Page 21 of 23 included on the list of countries that discriminate against U.S. firms as published by the USTR; and 3) has not entered into any subcontract for any product to be used on the Federal project that is produced in a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR. This certification concerns a matter within the jurisdiction of an agency of the United States of America and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution under Title 18 USC Section The Offeror/Contractor must provide immediate written notice to the Owner if the Offeror/Contractor learns that its certification or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstances. The Contractor must require subcontractors provide immediate written notice to the Contractor if at any time it learns that its certification was erroneous by reason of changed circumstances. Unless the restrictions of this clause are waived by the Secretary of Transportation in accordance with 49 CFR 30.17, no agreement shall be awarded to an Offeror or subcontractor: 1) who is owned or controlled by one or more citizens or nationals of a foreign country included on the list of countries that discriminate against U.S. firms published by the USTR or 2) whose subcontractors are owned or controlled by one or more citizens or nationals of a foreign country on such USTR list or 3) who incorporates in the public works project any product of a foreign country on such USTR list. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. The Offeror agrees that, if awarded a contract resulting from this solicitation, it will incorporate this provision for certification without modification in all lower tier subcontracts. The Contractor may rely on the certification of a prospective subcontractor that it is not a firm from a foreign country included on the list of countries that discriminate against U.S. firms as published by USTR, unless the Offeror has knowledge that the certification is erroneous. This certification is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration