D - RFP for Design Build Entity Draft — Cupertino City Council, February 4, 2025 (part 2 of 2)

ALAMEDA & CONTRA COSTA COUNTIES
Rates Fringes

PIPEFITTER
CONTRA COSTA COUNTY.........$ 74.00 47.45

PLUMBER, PIPEFITTER,

STEAMFITTER
ALAMEDA COUNTY..............$ 74.00 47.45
---------------------------------------------------------------- PLUM0355-004 07/01/2024

ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA,

MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE COUNTIES:

Rates Fringes
Underground Utility Worker
/Landscape Fitter...........$ 34.51 18.30
---------------------------------------------------------------- PLUM0393-001 07/01/2021

SAN BENITO AND SANTA CLARA COUNTIES
Rates Fringes
PLUMBER/PIPEFITTER...............$ 68.76 46.63 ---------------------------------------------------------------- PLUM0442-001 07/01/2024

CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE

COUNTIES
Rates Fringes
PLUMBER & STEAMFITTER............$ 54.05 36.99 ---------------------------------------------------------------- PLUM0467-001 07/01/2024
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SAN MATEO COUNTY
Rates Fringes
Plumber/Pipefitter/Steamfitter...$ 83.75 40.65 ---------------------------------------------------------------- ROOF0027-002 01/01/2024

FRESNO, KINGS, AND MADERA COUNTIES
Rates Fringes
ROOFER...........................$ 42.51 16.11 FOOTNOTE: Work with pitch, pitch base of pitch impregnated products or any material containing coal tar pitch, on any building old or new, where both asphalt and pitchers are used in the application of a built-up roof or tear off:
$2.00 per hour additional.
---------------------------------------------------------------- ROOF0040-002 08/01/2024
SAN FRANCISCO & SAN MATEO COUNTIES:

Rates Fringes
ROOFER...........................$ 55.30 22.97 ---------------------------------------------------------------- ROOF0081-001 08/01/2023
ALAMEDA AND CONTRA COSTA COUNTIES:

Rates Fringes
Roofer...........................$ 52.47 22.31 ---------------------------------------------------------------- ROOF0081-004 08/01/2024

CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes
ROOFER...........................$ 49.65 22.19 ---------------------------------------------------------------- ROOF0095-002 08/01/2023
MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES:

Rates Fringes
ROOFER
Bitumastic, Enameler, Coal
Tar, Pitch and Mastic
worker......................$ 57.17 21.51
Journeyman..................$ 53.17 21.51
Kettle person (2 kettles)...$ 55.17 21.51
---------------------------------------------------------------- SFCA0483-001 08/01/2024

ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES:
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Rates Fringes
SPRINKLER FITTER (FIRE)..........$ 79.13 38.51 ---------------------------------------------------------------- SFCA0669-011 01/01/2024

CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY,

SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes
SPRINKLER FITTER.................$ 44.32 27.83 ---------------------------------------------------------------- SHEE0104-001 07/01/2020
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, SANTA CLARA
AREA 2: MONTEREY & SAN BENITO
AREA 3: SANTA CRUZ
Rates Fringes

SHEET METAL WORKER
AREA 1:

Mechanical Contracts
under $200,000.............$ 55.92 45.29
All Other Work.............$ 64.06 46.83
AREA 2......................$ 52.90 36.44
AREA 3......................$ 55.16 34.18
---------------------------------------------------------------- SHEE0104-003 07/01/2021
CALAVERAS AND SAN JOAQUIN COUNTIES:

Rates Fringes
SHEET METAL WORKER...............$ 44.34 39.22 ---------------------------------------------------------------- SHEE0104-005 07/01/2021
MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes
SHEET METAL WORKER (Excluding
metal deck and siding)...........$ 41.28 45.41 ---------------------------------------------------------------- SHEE0104-007 07/01/2021
FRESNO, KINGS, AND MADERA COUNTIES:

Rates Fringes
SHEET METAL WORKER...............$ 44.07 40.79 ---------------------------------------------------------------- SHEE0104-015 07/01/2020

ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES:
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Rates Fringes
SHEET METAL WORKER (Metal
Decking and Siding only).........$ 44.45 35.55 ---------------------------------------------------------------- SHEE0104-018 07/01/2020

CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES:

Rates Fringes
Sheet metal worker (Metal
decking and siding only).........$ 44.45 35.55 ---------------------------------------------------------------- TEAM0094-001 07/01/2024
Rates Fringes
Truck drivers:

GROUP 1.....................$ 41.54 33.25
GROUP 2.....................$ 41.84 33.25
GROUP 3.....................$ 42.14 33.25
GROUP 4.....................$ 42.49 33.25
GROUP 5.....................$ 42.84 33.25
FOOTNOTES:

Articulated dump truck; Bulk cement spreader (with or without auger); Dumpcrete truck; Skid truck (debris box); Dry
pre-batch concrete mix trucks; Dumpster or similar type; Slurry truck: Use dump truck yardage rate.

Heater planer; Asphalt burner; Scarifier burner; Industrial lift truck (mechanical tailgate); Utility and clean-up
truck: Use appropriate rate for the power unit or the
equipment utilized.

TRUCK DRIVER CLASSIFICATIONS
GROUP 1: Dump trucks, under 6 yds.; Single unit flat rack (2- axle unit); Nipper truck (when flat rack truck is used
appropriate flat rack shall apply); Concrete pump truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump machine; Fork lift and lift jitneys; Fuel and/or grease truck driver or fuel person; Snow buggy; Steam cleaning; Bus or personhaul driver; Escort or pilot car driver; Pickup truck; Teamster oiler/greaser and/or serviceperson; Hook tender (including loading and
unloading); Team driver; Tool room attendant (refineries) GROUP 2: Dump trucks, 6 yds. and under 8 yds.; Transit
mixers, through 10 yds.; Water trucks, under 7,000 gals.; Jetting trucks, under 7,000 gals.; Single-unit flat rack (3-axle unit); Highbed heavy duty transport; Scissor truck; Rubber-tired muck car (not self-loaded); Rubber-tired truck jumbo; Winch truck and ""A"" frame drivers; Combination winch truck with hoist; Road oil truck or bootperson;
Buggymobile; Ross, Hyster and similar straddle carriers; Small rubber-tired tractor
GROUP 3: Dump trucks, 8 yds. and including 24 yds.; Transit mixers, over 10 yds.; Water trucks, 7,000 gals. and over; 11/13/24, 4:32 PM SAM.gov
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Jetting trucks, 7,000 gals. and over; Vacuum trucks under 7500 gals. Trucks towing tilt bed or flat bed pull
trailers; Lowbed heavy duty transport; Heavy duty transport tiller person; Self- propelled street sweeper with
self-contained refuse bin; Boom truck - hydro-lift or
Swedish type extension or retracting crane; P.B. or similar type self-loading truck; Tire repairperson; Combination bootperson and road oiler; Dry distribution truck (A
bootperson when employed on such equipment, shall receive the rate specified for the classification of road oil
trucks or bootperson); Ammonia nitrate distributor, driver and mixer; Snow Go and/or plow
GROUP 4: Dump trucks, over 25 yds. and under 65 yds.; Water pulls - DW 10's, 20's, 21's and other similar equipment when pulling Aqua/pak or water tank trailers; Helicopter pilots (when transporting men and materials); Lowbedk Heavy Duty Transport up to including 7 axles; DW10's, 20's, 21's and other similar Cat type, Terra Cobra, LeTourneau Pulls, Tournorocker, Euclid and similar type equipment when
pulling fuel and/or grease tank trailers or other
miscellaneous trailers; Vacuum Trucks 7500 gals and over and truck repairman
GROUP 5: Dump trucks, 65 yds. and over; Holland hauler; Low bed Heavy Duty Transport over 7 axles
---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing
operation to which welding is incidental.
================================================================ ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.20) or 13658 ($12.90). Please see the Note at the top of the wage
determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party.

Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year.

Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at
https://www.dol.gov/agencies/whd/government-contracts.

Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses 11/13/24, 4:32 PM SAM.gov
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(29CFR 5.5 (a) (1) (iii)).
---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate).

Union Rate Identifiers
A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example:

PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this
classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014.

Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate.

Survey Rate Identifiers
Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average
calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier.

Survey wage rates are not updated and remain in effect until a new survey is conducted.

Union Average Rate Identifiers
Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those
classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010
08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date 11/13/24, 4:32 PM SAM.gov
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for the classifications and rates under that identifier.

A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based.

State Adopted Rate Identifiers
Classifications listed under the ""SA"" identifier indicate that the prevailing wage rate set by a state (or local) government was adopted under 29 C.F.R � 1.3(g)-(h). Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 01/03/2024 reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted.
----------------------------------------------------------------

WAGE DETERMINATION APPEALS PROCESS

1.) Has there been an initial decision in the matter? This can be:
* an existing published wage determination
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a position on a wage determination matter
* a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour National Office because National Office has responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed.

With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to:

Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210

2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:

Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210
The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 11/13/24, 4:32 PM SAM.gov
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3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to:

Administrative Review Board
U.S. Department of Labor
200 Constitution Avenue, N.W.

Washington, DC 20210

4.) All decisions by the Administrative Review Board are final. ================================================================ END OF GENERAL DECISION"

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Cupertino Photovoltaic Systems Design and Installation Project APPENDIX B Project 2025-02 Page 88

APPENDIX B

EXEMPLAR INSURANCE REQUIREMENTS

DBE will procure and maintain for the duration of t he Project, and for five years following the completion of the Project, insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the perf ormance of the design-build services hereunder by DBE, its agents, representatives, empl oyees, subconsultants, or subcontractors.

(A) Minimum Scope and Limit of Insurance . Coverage will be at least as broad as the minimum limits set forth below. If DBE maintains br oader coverage and/or higher limits than the minimums shown below, City will be entitle d to the broader coverage and/or higher limits maintained by DBE. Any available insu rance proceeds in excess of the specified minimum limits of insurance and coverage will be available to the City. City reserves the right to modify these insurance requir ements based on DBE’s prior experience, insurer, coverage, and considering the nature of the risk involved in the design-build services and other circumstances. DBE should discuss these requirements with its insurer and the designated representative.

(1) Commercial General Liability (CGL) . Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, writte n on a comprehensive general liability form, and must include coverage f or liability arising from DBE’s or any contractor's or subcontractor’s acts or omissions, including DBE’s protected coverage, blanket contractual, products a nd completed operations, with limits of at least $8,000,000 per occurrence. The CGL policy must protect against any and all liability for personal injury, death, property damage or destruction, and personal and advertising injury. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this Project/location (ISO CG 25 03 or 25 04) or the gen eral aggregate limit shall be $16,000,000, which is twice the required occurrence limit.

(i) It shall be a requirement under this Contract t hat any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits will be made available to the Additional Insured and will be (1) the minimum coverage/limits specified in this Contract; or (2) the broader cove rage and maximum limits of coverage of any insurance policy, whichever is greater.

(ii) Additional Insured coverage under DBE’s policy shall be “primary and non-contributory,” will not seek contribution from City’s insurance/self-insurance, and will be at least as b road as ISO CG 20 01 04

13. (iii) The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy DRAFT CONTRACT: APPENDIX B

Cupertino Photovoltaic Systems Design and Installation Project APPENDIX B Project 2025-02 Page 89
complies with the requirements set forth in this Co ntract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary an d non-contributory basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured.

(2) Automobile Liability . ISO Form CA 00 01 covering any auto (Code 1), or if DBE has no owned autos, then hired autos (Code 8) a nd non-owned autos (Code 9), with limit no less than $5,000,000 per accident for bodily injury and property damage.

(3) Workers’ Compensation . As required by the State of California, with statutory limits, and Employer’s Liability Insurance of no le ss than $1,000,000 per accident for bodily injury or disease, or as otherwise required by statute. If DBE is self- insured, DBE must provide a Certificate of Permissi on to Self-Insure, duly authorized by the DIR.

(4) Professional Liability . Professional liability to cover all services performed by design professionals, with limits no less than $5,0 00,000 per occurrence or claim, and $5,000,000 aggregate.

(5) Builder’s Risk . Course of Construction insurance utilizing an “Al l Risk” (Special Perils) coverage form, with limits equal to the completed value of the Project and no coinsurance penalty provisions.

(6) Pollution and/or Asbestos Legal Liability . DBEs’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omission s with limits no less than $2,000,000 per occurrence or claim, and $4,000,000 policy aggregate.

☐ N/A if box checked (Project does not involve environmental hazards) .

(B) Self-Insured Retentions . Self-insured retentions must be declared to and a pproved by City. At City’s option, either: (1) DBE will cau se the insurer to reduce or eliminate self- insured retentions as respects City, its officers, officials, employees, and volunteers; or (2) DBE will provide a financial guarantee satisfactory to City guaranteeing payment of losses and related investigations, claim administra tion, and defense expenses. The policy language will provide, or be endorsed to provide, t hat the self-insured retention may be satisfied by either the named insured or the City.

(C) Other Insurance Provisions . The insurance policies are to contain, or be end orsed to contain, the following provisions:

(1) Additional Insured Status . The City of Cupertino, its City Council, officer s, officials, employees, agents, servants and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of the design-build services performed by or on behalf of DBE including materials, parts, or equipment furnished. Endorsement of CGL c overage must be at least as

Cupertino Photovoltaic Systems Design and Installation Project APPENDIX B Project 2025-02 Page 90
broad as ISO Form CG 20 10 for ongoing operations a nd CG 20 37 for completed operations.

(2) Primary Coverage . For any claims related to this Project, DBE’s insurance coverage must be “primary and non-contributory” and at least as broad as ISO CG 20 01 04 13 with respect to City, its officers, officials, employees and volunteers, and must not seek contribution from Cit y’s insurance. If the limits of insurance are satisfied in part by Umbrella/Excess Insurance, the Umbrella/Excess Insurance must contain or be endors ed to contain a provision that such coverage will also apply on a “primary and non-contributory” basis for the benefit of City.

(3) Notice of Cancellation . Each insurance policy required must provide that coverage will not be canceled, except with notice t o the City. Each certificate of insurance must state that the coverage afforded by the policy is in force and will not be reduced, cancelled or allowed to expire with out at least 30 days advance written notice to City, unless due to non-payment of premiums, in which case ten days advance written notice must be provided to City. Such notice must be sent to City via certified mail and addressed to the attention of the City Manager.

(4) Builder’s Risk . DBE may submit Builder’s Risk insurance in the f orm of Course of Construction coverage, which shall name t he City as a loss payee, as its interest may appear. Policy limits must be per occurrence and for all-risk coverage on a 100% completed value basis on the ins urable portion of the Project, with no coinsurance penalties, and for the benefit of City. If the Project does not involve new or major reconstruction, City may elect in its sole discretion to accept an Installation Floater policy instead of Builder’s Risk. For such projects, the Property Installation Floater shall include improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment, and shall provide property damage coverage for any building, structure, machin ery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

(5) Waiver of Subrogation . Each required policy must include an endorsement providing that the carrier agrees to waive any righ t of subrogation it may have against City. DBE agrees to waive rights of subroga tion which any insurer of DBE may acquire from DBE by virtue of the payment o f any loss. DBE agrees to obtain any endorsement that may be necessary to aff ect this waiver of subrogation. The Workers’ Compensation policy must be endorsed with a waiver of subrogation in favor of the City for all work performed by the DBE, its employees, agents and subcontractors.

(6) Acceptability of Insurers . Insurance must be issued by insurers acceptable to City and licensed to do business in the State of Ca lifornia, and each insurer must have an A.M. Best’s financial strength rating of “A -” or better and a financial size rating of “VII” or better.

Cupertino Photovoltaic Systems Design and Installation Project APPENDIX B Project 2025-02 Page 91

(7) Verification of Coverage . DBE will furnish the City with original certific ates and amendatory endorsements, or copies of the appli cable insurance language, effecting coverage required by this Contract. All certificates and endorsements are to be received and approved by the City before performing the design-build services. The City reserves the right to require co mplete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

(8) Subcontractors . DBE will require and verify that all subcontract ors maintain insurance meeting all the requirements stated herei n, and DBE will ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors will provide coverage with a form at least as broad as CG 20 38 04 13.

(9) Claims Made Policies . If any coverage required is written on a claims- made coverage form:

(i) The retroactive date must be shown, and this da te must be before the execution date of the Contract or the beginning of the design-build services.

(ii) Insurance must be maintained and evidence of i nsurance must be provided for at least five years after completion of the design-build services.

(iii) If coverage is canceled or non-renewed, and n ot replaced with another claims-made policy form with a retroactive date prior to the Effective Date of the contract, or start of design-build services, the DBE must purchase extended reporting period coverage fo r a minimum of five years after completion of the design-build services.

(iv) A copy of the claims reporting requirements mu st be submitted to the City for review.

(v) If the Services involve lead-based paint or asb estos identification/remediation, the DBE’s Pollution Liability policy must not contain lead-ba sed paint or asbestos exclusions. If the Services involve mold identification/remediation, the DBE’s Pollution Liability policy must not contain a mold exclusion, and the definition of “pollution” m ust include microbial matter, including mold

A B C D E F G H I J K L M
Facility kWh kWh Cost cost per
kWh
(ave.)
PV systems
kWH
generation
PV systems
annual
savings*
PV systems
annual
electrical
bill**
PV systems
lifecycle
savings***
Constrn
Cost: PV
only
Constrn
Cost: EVCS
only
Constrn. Cost
(PV + EV)
IRA funding
(40% of PV
only)
City Funding Payback
Period
(years)
****
formula A/B B - E H + I H * 40% J - K
Library (1932850108) 1,048,978 $322,517 $0.31 621,477 $189,074 $133,443 $10,847,040 $3,803,000 $300,000 $4,103,000 $1,521,200 $2,581,800 11.33 BBF (114315284) 110,428 $32,539 $0.29 110,948 $38,253 -$5,714 $1,563,642 $956,000 $100,000 $1,056,000 $382,400 $673,600 14.08 Quinlan Community Center
(0116367009-116367840) 383,109 $121,336 $0.32 453,795 $154,217 -$32,881 $7,272,774 $2,343,000 $150,000 $2,493,000 $867,200 $1,625,800 9.21 Sports Center (0116367009-
116971849) 329,369 $108,143 $0.33 322,104 $93,047 $15,096 $4,434,018 $1,815,000 $150,000 $1,965,000 $726,000 $1,239,000 11.11 Community Hall (0116367009-
116367449) 114,600 $39,810 $0.35 66,784 $29,441 $10,369 $1,315,345 $377,000 $0 $377,000 $150,800 $226,200 7.15 $624,345 $504,032 $120,313 $25,432,819 $9,294,000 $700,000 $9,994,000 $3,647,600 $6,346,400 10.66 decreased by: 504,032 with 20% contingency $11,992,800
Four sites, WITHOUT BBF
Library (1932850108) 1,048,978 $322,517 $0.31 621,477 $189,074 $133,443 $10,847,040 $3,803,000 $300,000 $4,103,000 $1,521,200 $2,581,800 11.33 Quinlan Community Center
(0116367009-116367840) 383,109 $121,336 $0.32 453,795 $154,217 -$32,881 $7,272,774 $2,343,000 $150,000 $2,493,000 $867,200 $1,625,800 9.21 Sports Center (0116367009-
116971849) 329,369 $108,143 $0.33 322,104 $93,047 $15,096 $4,434,018 $1,815,000 $150,000 $1,965,000 $726,000 $1,239,000 11.11 Community Hall (0116367009-
116367449) 114,600 $39,810 $0.35 66,784 $29,441 $10,369 $1,315,345 $377,000 $0 $377,000 $150,800 $226,200 7.15 $591,805 $465,779 $126,026 $23,869,177 $8,338,000 $600,000 $8,938,000 $3,265,200 $5,672,800 9.98 decreased by: 465,779 with 20% contingency $10,725,600
Three sites, WITHOUT BBF and Library
Quinlan Community Center
(0116367009-116367840) 383,109 $121,336 $0.32 453,795 $154,217 -$32,881 $7,272,774 $2,343,000 $150,000 $2,493,000 $867,200 $1,625,800 9.21 Sports Center (0116367009-
116971849) 329,369 $108,143 $0.33 322,104 $93,047 $15,096 $4,434,018 $1,815,000 $150,000 $1,965,000 $726,000 $1,239,000 11.11 Community Hall (0116367009-
116367449) 114,600 $39,810 $0.35 66,784 $29,441 $10,369 $1,315,345 $377,000 $0 $377,000 $150,800 $226,200 7.15 $269,289 $276,705 -$7,416 $13,022,137 $4,535,000 $300,000 $4,835,000 $1,744,000 $3,091,000 9.46 decreased by: 276,705 with 20% contingency $5,802,000
Four sites, WITHOUT LIBRARY
BBF (114315284) 110,428 $32,539 $0.29 110,948 $38,253 -$5,714 $1,563,642 $956,000 $100,000 $1,056,000 $382,400 $673,600 14.08 Quinlan Community Center
(0116367009-116367840) 383,109 $121,336 $0.32 453,795 $154,217 -$32,881 $7,272,774 $2,343,000 $150,000 $2,493,000 $867,200 $1,625,800 9.21 Sports Center (0116367009-
116971849) 329,369 $108,143 $0.33 322,104 $93,047 $15,096 $4,434,018 $1,815,000 $150,000 $1,965,000 $726,000 $1,239,000 11.11 Community Hall (0116367009-
116367449) 114,600 $39,810 $0.35 66,784 $29,441 $10,369 $1,315,345 $377,000 $0 $377,000 $150,800 $226,200 7.15 $301,828 $314,958 -$13,130 $14,585,779 $5,491,000 $400,000 $5,891,000 $2,126,400 $3,764,600 10.28 decreased by: 314,958 with 20% contingency $7,069,200
CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT • APPENDIX D - PRELIMINARY COST/SAVINGS *Annual savings includes 5% utility escalation over a 1.5 year construction period, Year 1
**The costs (B) are offset by the kWh savings (E), resulting in lowered electrical bill (F)
***Lifecycle Savings (30yrs) includes: 5% utility escalation, 0.5% module degradation, 30 years, NEM3 Included
****Discounted cashflow methodology includes: 5% utility escalation,

0.5% module degradation, 30 years, NEM3 Included
11/14/2024

CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT

APPENDIX E

REFERENCE MATERIALS – Links to further information for each Facility:

Drawings and other documents for each site:
• RFP - Existing Facility docs_Reference

Cupertino Library and Community Hall (Civic Center)
• 2020 Library Expansion Project: h&ps://www.cupertino.org/our-city/departments/publi c- works/capital-improvement-program-projects/library- expansion-project • 2018 Civic Center Master Plan Archive: h&ps://www.cupertino.org/our-city/departments/publi c- works/capital-improvement-program-projects/civic-ce nter-master-plan-archive • Rental Info page: h&ps://www.cupertino.org/our-city/departments/parks -recreation/reservations- permits/indoor-facilities/community-hall
• SCCLD Cupertino Library page:
h&ps://sccld.org/locations/cupertino/?_gl=1*1nu2sg5 *_ga*NjMyMDUzOTMxLjE3Mjk1MjU4MzU. *_ga_G99DMMNG39*MTczMTU2NDIwMS4yLjEuMTczMTU2NDIyNS4wLjAuMA..*_ga_C5XQ HLX1NN*MTczMTU2NDIwMS4yLjEuMTczMTU2NDIzMy4wLjAuMA..*_ga_C79ES1D7Q4*MTc yOTUyNTgzNC4zLjEuMTcyOTUyNjAyOC4wLjAuMA ..

Cupertino Sports Center
• Recreation Info page: h&ps://www.cupertino.org/our-city/departments/parks - recreation/cupertino-sports-center

Blackberry Farm:
• Recreation Info page:
h&ps://www.cupertino.org/our-city/departments/parks -recreation/outdoor- activities/blackberry-farm

Quinlan Community Center:
• Rental Info page:
h&ps://www.cupertino.org/our-city/departments/parks -recreation/reservations- permits/indoor-facilities/quinlan-community-center
• Memorial Park Speciﬁc Plan: h&ps://engagecupertino.org/memorial-park-speciﬁc-pl an

This project:
• h&ps://www.cupertino.org/our-city/departments/publi c-works/capital-improvement-program- projects/photovoltaic-systems-design-and-installati on-project

General:
• Property Information Map (Cupertino):
h&ps://map.gridics.com/us/ca/cupertino
• More City Maps: h&ps://www.cupertino.org/online-services/open-gover nment-data/city-maps • FEMA maps: h&ps://msc.fema.gov/portal/advanceSearch

Page 1 ends

City of Cupertino Photovoltaic Systems Design and I nstallation Project RFP for Design-Build Entities – Appendix F

CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLAT ION PROJECT

APPENDIX F

PRICE PROPOSAL FORM
Directions: Complete and execute a Price Proposal Form as indicated and attach as Part B to the Proposal. The proposed Contract Price for the Services (as those terms are defined in Article 1 of the General Conditions of the Design-Build Contract Documents), must be fully inclusive of all costs, direct and indirect, including, but not limited to, labor, materials, equipment, overhead, permits, licenses, insurance, bonds, taxes, profit, etc.

A. Price Proposal: Provide the proposed Contract Price to design and build the Project with no reduction in the minimum requirements, including performance criteria, set forth in the RFP and Bridging Documents. If the Proposer has suggestions for efficiencies, value engineering organizational improvements that have cost benefits, etc., please attach separate sheet[s] to describe and price the proposals.

B. Proposer Commitment. If selected by the City, the Proposer agrees to provide the Design Services and Construction Services for the Project for the total Contract Price set forth below, as witnessed by the signature(s) below. Each individual signing below warrants that he or she is authorized to do so by the party that he or she represents. (Include a notarized affidavit attesting to the authenticity of each signature. If DBE is a partnership or joint venture, all general partners or members must sign the Price Proposal form.)

Item SITE Design
Services
Construction
Services
General
Conditions 1
Total 2
1 Blackberry Farm
Recreation and Pool facility

2 Quinlan Community Center
3 Cupertino Sports Center
4 Community Hall
5 Cupertino Library
Totals
Notes:

1. Attach separate sheet showing breakdown of "genera l conditions" costs.

2. Attach separate sheet with any proposals for itemiz ed cost savings.

Page 2 ends

City of Cupertino Photovoltaic Systems Design and I nstallation Project RFP for Design-Build Entities – Appendix F

PROPOSER/DESIGN-BUILD ENTITY

(Legal Name of Proposer/DBE)

Signature:

Date:

Name & Title:

Signature:

Date:

Name & Title:

City of Cupertino Photovoltaic Systems Design and I nstallation Project RFP for Design-Build Entities – Appendix G

CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLAT ION PROJECT

APPENDIX G

NON-COLLUSION DECLARATION

TO BE EXECUTED BY PROPOSER AND SUBMITTED WITH PROPOSAL

The undersigned declares:

I am the [title] of
[business name], the party making the foregoing Proposal.

The Proposal is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Proposal is genuine and not collusive or sham. Proposer has not directly or indirectly induced or solicited any other Proposer to put in a false or sham Proposal. The Proposer has not directly or indirectly colluded, conspired, connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or to refrain from submitting a Proposal. The Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Price Proposal of the Proposer or any other Proposer, or to fix any overhead, profit, or cost element of the Price Proposal, or of that of any other Proposer. All statements contained in the Proposal are true. The Proposer has not, directly or indirectly, submitted his or her Price Proposal or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof, to effectuate a collusive or sham Proposal, and has not paid and will not pay, any person or entity for such purpose.

This declaration is intended to comply with California Public Contract Code § 7106.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date]
[City]
[State]
Signature
[print name]

• END OF NON-COLLUSION DECLARATION •

City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 1

CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT

APPENDIX H

DBE Questionnaire

Part A: General Information

DBE Business Name: _______________________________________________ (“DBE”)

Check One: ___ Corporation (State of incorporation : ___________________) ___ Partnership
___ Sole Proprietorship
___ Joint Venture of: _____________________________ ____ ___ Other: ________________________________________ __

Main Office Address and
Phone

Local Office Address and
Phone

Website Address
Contact Name and Title
Contact Phone and Email
Bidder’s California
Contractor’s License
Number(s)

Bidder’s DIR Registration
Number

Part B: DBE Experience

1 How many years has each of the entities of the DB E been in business under the present business name? (in years)

2 Has the GC entity completed projects similar in t ype and size to this Project as a general contractor? (yes or no)

City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 2
3 Has the DBE completed projects similar in type an d size to this Project as this DBE? (yes or no)

4 Has DBE or any of its team ever been disqualified from a bid on grounds that it is not responsible, or otherwise disqualified or debarred from bidding under state or
federal law? (yes or no)

If yes, provide additional information on a separate
sheet regarding the disqualification or debarment,
including the name and address of the agency or
owner of the project, the type and size of the project, the reasons that DBE was disqualified or debarred,
and the month and year in which the disqualification
or debarment occurred.

4 Has DBE or any of its team ever been terminated for cause, alleged default, or legal violation from a
construction project, either as a general contractor or as a subcontractor? (yes or no)

If yes, provide additional information on a separate
sheet regarding the termination, including the name
and address of the agency or owner of the subject
project, the type and size of the project, whether
Bidder was under contract as a general contractor or
a subcontractor, the reasons that DBE was
terminated, and the month and year in which the
termination occurred.

5 Provide information about Bidder’s past projects
performed as general contractor as follows:
a. Three most recently completed public works
projects within the last three years
b. Three largest completed projects within the last
three years
c. Any project which is similar to this Project
including scope and character of the work.

City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 3
Part C: Project Experience
Provide information on at least three projects that are similar in scope and character to this project. Two of the projects must be public sector projects. (Use separate sheets if required )

PROJECT #1
A Project name
B Project location
C Project description:

D Cl ient/ Owner (name, address, email, and
phone number

E Prime contractor, if applicable (name,
address, email, and phone number

F Architect or engineer (name, email, and
phone number

G Project and/or construction manager (name,
email, and phone number

H Scope of work performed (as general
contractor or as subcontractor

I Initial contract price $
J Final contract price (including change
orders);
$
K Original scheduled completion date
L Actual date of completion
M Time extensions granted (number of days)
N Number and amount of stop notices or
mechanic’s liens filed

O Amount of any liquidated damages
assessed against Bidder

P Nature and resolution of any project-
related claim, lawsuit, mediation, or
arbitration involving Bidder

Q Other Notes

City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 4
PROJECT #2
A Project name
B Project location
C Project description :

D Client/Owner (name, address, email, and
phone number

E Prime contractor, if applicable (name,
address, email, and phone number

F Architect or engineer (name, email, and
phone number

G Project and/or construction manager (name,
email, and phone number

H Scope of work performed (as general
contractor or as subcontractor

O Amount of any liquidated damages
assessed against Bidder

P Nature and resolution of any project-
related claim, lawsuit, mediation, or
arbitration involving Bidder

Q Other Notes

City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 5
PROJECT #3
A Project name
B Project location
C Project description :

D Client/Owner (name, address, email, and
phone number

E Prime contractor, if applicable (name,
address, email, and phone number

F Architect or engineer (name, email, and
phone number

G Project and/or construction manager (name,
email, and phone number

H Scope of work performed (as general
contractor or as subcontractor

O Amount of any liquidated damages
assessed against Bidder

P Nature and resolution of any project-
related claim, lawsuit, mediation, or
arbitration involving Bidder

Q Other Notes

City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 6

Part D: Safety

1. Provide DBE’s Experience Modiﬁcation Rate (EMR) for the last three years:

Year EMR

2. 2. Complete the following, based on information provided in DBE’s CalOSHA Form 300 or Form 300A, Annual Summary of Work-Related Illnesses and Injuries, from the most recent past calendar year:

2.1 Number of lost workday cases

2.2 Number of medical treatment cases

2.3 Number of deaths

3. Has the DBE ever been cited, ﬁned, or prosecuted by any local, state, or federal agency, including OSHA, CalOSHA, or EPA, for violation of any law, regulation, or requirements pertaining to health and safety?
Yes or No?
If yes, provide additional information on a separate sheet regarding each such citation, ﬁne, or prosecution, including the name and address of the agency or owner of the project, the type and size of the project, the reasons for and nature of the citation, ﬁne, or prosecution, and the month and year in which the incident giving rise to the citation, ﬁne, or prosecution occurred.

4. Name, title, and email for person responsible for DBE’s safety program:

City of Cupertino Photovoltaic Systems Design and Installation Project RFP for Design-Build Entities – Appendix H Page 7
Part E: Verification

In signing this document, I, the undersigned, declare that I am duly authorized to sign and submit this DBE Questionnaire on behalf of the named DBE, and that all responses and information set forth in this DBE Questionnaire and accompanying attachments are, to the best of my knowledge, true, accurate and complete as of the date of submission. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Signature: ______________________________ Date: __ ______________

By: _______________________________________________________________ Name and Title

END OF BIDDER’S QUESTIONNAIRE

CUPERTINO PHOTOVOLTAIC SYSTEMS DESIGN AND INSTALLATION PROJECT

APPENDIX I

RFP RATING SHEET

Sect. Criteria (from Section 8 of the RFP) Max.

Points
Reviewer’s Notes Rating
1 Price 50
2 Schedule 30
3 Technical Design Expertise 15
4 Construction and Procurement Expertise 25
5 Proposed Design Approach 20
6 Proposed Procurement Approach 10
7 Proposed Construction Approach 15
8 Life-Cycle Costs Over 30 or More Years 5
9 Presentation 25
10 Responsiveness 5

Total 200

For Reference: a list of the required Proposal Contents:

A. Cover Le6er
B. Price Proposal Form
C. Schedule
D. Technical Design Expertise
E. Construction and Procurement Expertise
F. Design Approach
G. Procurement Approach
H. Construction Approach
I. Life-Cycle Costs
J. DBE Questionnaire
K. Non-Collusion Declaration
L. Exceptions

RFP ADDENDA

ADDENDUM NO. 1
Issued: December 4, 2024

Photovoltaics Systems Design and Installation Project

RFP
Submittals dues December 19, 2pm PST

TO ALL PROSPECTIVE FIRMS:

This addendum is issued to modify and/or clarify the previously issued RFP documents. You must indicate receipt of this addendum within the Proposal of your submittal. Failure to do so may cause rejection of your submittal.

QUESTIONS/CLARIFICATIONS
The following questions have been received by the City. The City response is below each question.

1. Files :

There have been some issues accessing the folders for the RFP materials and the RFP reference files. To improve access, the folders to a new location:

PV RFP 2024:
https://cupertinogov-
my.sharepoint.com/:f:/g/personal/susanm_cupertino_org/Etg1U4jCEvFBk4bcEo0GacYB naWxRr190Wck-Q6sztshVg?e=fdhLrw

There are two folders within:
a. “PV project RFP_for DBEs” - The RFP itself and all the attachments. b. “RFP - Existing Facility Docs_Reference” - drawings (etc) that we have on file for each facility.
**If proposers cannot access these files, please let the RFP administrator know.

2. Presentations . Once we receive your proposals, we typically have each firm give a presentation. The RFP says January 3, but we’re revising that to January 6 to give everyone a chance to return from the holiday vacation. Please hold 1-5pm on Monday, January 6, in your calendars for your presentations.

3. Site Visits . The Thursday 12/05 meeting is virtual/online and is meant to be a Q&A session for the most part (invite resent with tentative agenda). The City staff (CIP and PW Facilities) will be available for a site walk on Thursday December 12 at 10am, and will last approximately 2hours. Please meet in front of Community Hall (10350 Torre Avenue, Cupertino 95014). We will visit three project sites.

4. Scope revision. At the December 3 City Council meeting, Council approved proceeding with the implementation of the photovoltaic systems at three sites (not five):
• Community Hall
• Cupertino Sports Center
• Quinlan Community Center
Your proposals (scope and fee) should only include the three sites listed above.

Cupertino Library and Blackberry Farm sites’ scope is now deleted from the project and should not be included in the proposal.

The official minutes will not be published until after the next Council meeting, but the draft minutes are copied below, for your reference:

MOTION: Fruen moved and Chao seconded the recommended action to approve the Capital Improvement Programs Photovoltaic Systems Design and Installation Project conceptual design for three City of Cupertino facilities: Community Hall, Cupertino Sports Center, and Quinlan Community Center. Moore made a friendly amendment that any trees that are removed will be replaced by a 24” box size tree which is climate appropriate or California native, and those trees would be placed within City properties. (Fruen and Chao accepted the friendly amendment). The amended motion carried with the following vote: Ayes:

Mohan, Fruen, Chao, and Moore. Noes: None. Abstain: None. Absent: Wei.

APPROVED BY:

Chad Mosley
Director of Public Works

ADDENDUM NO. 2
Issued: December 18, 2024

Photovoltaics Systems Design and Installation Project

RFP
Submittals due December 27 , 10am PST

TO ALL PROSPECTIVE FIRMS:

QUESTIONS/CLARIFICATIONS
The following questions have been received by the City. The City response is below each question. Questions/Answers 1 – 4 were included in Addendum #1.

5. Q: Who will be responsible for removing the saplings on the north side of the parking lot at Quinlan?
A: The younger trees on the north edge of the Quinlan back parking lot (see images below, approximately 14 trees) were planted by PW staff a couple of years ago. They went in as 24” box trees. The scope of work should include the removal (or relocation) of these trees, and the replacement of these trees by a matching number of 24” box trees. Species of the replacements will be “climate appropriate or California native” (following the City Council directive) but also adherent to the City standards for tree species in an ‘understory’ location. The City’s Street Tree List is under review but will be issued in the Spring of 2025. That list will be a helpful directive for species specifications.

Cupertino Municipal Code (CMC) 14.18.150 has a list of Protected trees that require a tree removal permit.

6. Q: For trees that will be removed is there a specification as to the depth of stump grinding required?
A: The City does not have a specification for this, but for this project we are asking that the stump to be removed to a depth of 24” or remove the entire stump.

7. Q: Does the City have a preferred roofer or any roof warranties? A: The roofs at all three locations are no longer under warranty. The project scope of work will directly affect the roofs at Quinlan Community Center (terracotta clay tile roofing) and Community Hall (standing seam metal roofing). The two roofers PW has used in the recent past are listed below. [These vendors may not be optimum for the types of roofs at these locations.] Dan Lajeunesse
Sr. Field Advisor / Bay Area Market Lead
Tremco Roofing & Building Maintenance
M. 408.910.2083
[email protected]
San Jose, CA
www.tremcoroofing.com
DONE RIGHT, INC.
1129 Longfellow Avenue
Campbell, CA 95008
PH. (408) 377-8777
FAX (408) 377-5502

8. Q: The proposed system size for the Sports Complex is larger than what can be supported by the existing transformer. Has there been communication with PG&E to upgrade the transformer? Who would be responsible to coordinate with PG&E for the transformer upgrade? A: The successful DBE will be responsible for coordinating all services required with PG&E. As part of the PG&E interconnection process, the Utility does an initial review of the proposed

array in context of the existing utility service. The outcome of that review was an assertion that mitigation is not required.

The single line diagram (SLD) from the existing drawings (see snippet below and link at the end of this answer) indicate a transformer smaller than 277/480v. However, the transformer shown below appears to be a City-owned transformer downstream of the incoming utility feed utilized to supply lower-voltage loads on site. Photos from visiting the site during the conceptual design phase show the site service to be 277/480V. This transformer is shown at 480V on the primary side, which is compatible with a 277/480V service.

The PDF file “Sports Center Tennis Court Lighting 2009 lores” was added to the Sports Center folder of the Reference drawings:
https://cupertinogov-
my.sharepoint.com/my?id=%2Fpersonal%2Fsusanm%5Fcupertino%5Forg%2FDocuments%2FPV%20 RFP%202024&sortField=Modified&isAscending=false&ga=1
or
PV RFP 2024

9. Q: The “Buy American” specification is something that increases cost and lead time. Is the funding for this project attached to Buy American? Will alternative materials be considered? If an alternative is presented how many points will be deducted from Item 6 of the evaluation factors?
Q: What flexibility will be offered regarding domestic content? This could impact the overall schedule.

A: Successful participation in the “Buy American” program will allow for a 10% increase on the rebate possible from the Inflation Reduction Act direct pay program, which may amount to as much as ~$500,000. The City finds that rebate quite attractive. However, other means and methods may positively affect the project costs to the City. An overall expertise and comprehensive approach to the procurement, especially in light of the schedule requirements, is quite important. The points for “Proposed Procurement Approach” within the Evaluation Factors (as noted in the RFP) are not as prescriptive as implied here, and the City is most interested in a DBE who exhibits expertise and schedule-awareness in the procurement process and details proposed within it.

10. Q: With our site walk taking place on 12-12-2024 and proposals being due one week later on 12- 19-2024. We would request the bid date be extended to 12-27-2024. Some site conditions require additional considerations.

We are revising the schedule, including the due date and presentations. The Schedule from Section 4 of the RFP is included below and the revised dates are in red text.

ACTIVITY DATE and TIME
RFP distributed to shortlisted DBEs Thursday, Novem ber 14 2024 Informational Meeting Thursday, December 5, 2024,
11AM PST
Site Visit – Community Hall, Sports Center, Quinlan Community Center Thursday, December 12, 2024, 10AM PST
Deadline for RFP questions/objections Thursday, December 19, 2024, 2PM PST
Proposal Submittal Deadline Friday, December 27, 2024, 10AM PST
Preliminary Review of Proposals by Evaluation Panel January 2 – January 8, 2025 Private Presentation of Responsive Proposals Thursday, January 9, 2025 Private Discussions and/or Negotiations (City option) January 10-21, 2025 City Council award of Design-Build Contract February 4, 2025 Notice of Intent to Award issued ~January 23, 2025
Notice to Proceed with Design Services (anticipated) February 5, 2025 The following project phases will be scheduled/anticipated by the DBE and should be included in the proposal.

Design Development (DD) and Construction Documents (CD) Phases for each site :
• DD drawings and specifications
• CD drawings and specifications
• Permit Applications, Reviews and Issuance

[DBE]
Notice to Proceed with Construction Services for each site [DBE] Construction Mobilization including submittals for each site [DBE] Construction (durations and milestones for each site) [DBE] Final Completion April 1, 2026

11. Q: Syserco had prior knowledge, time and engineering to develop this project. Does this create an advantage to their score from the rating score 3-7?
A: Syserco did develop the conceptual design as indicated in the Bridging documents. The City does not see this as an advantage in the RFP evaluation process.

12. Q: The current sample contract has areas we may take some exception to. Will we be able to negotiate mutually agreeable terms and modify the sample contract prior to award? A: The standard terms and conditions of the City’s contracts are not typically negotiated. Other terms and conditions may be reviewed with City staff and our City Attorney’s Office.

APPROVED BY:

Susan Michael
CIP Manager, Public Works

_____________

ADDENDUM NO. 3
Issued: December 24, 2024

Photovoltaics Systems Design and Installation Project

RFP
Submittals due December 27 , 10am PST

TO ALL PROSPECTIVE FIRMS:

QUESTIONS/CLARIFICATIONS
The following questions have been received by the City. The City response is below each question. Questions/Answers 1 – 4 were included in Addendum #1. Questions 5 - 12 were included in Addendum #2. Additional information is provided on #11 and #12 in this addendum.

11. Q: Syserco had prior knowledge, time and engineering to develop this project. Does this create an advantage to their score from the rating score 3-7?
A: (12/18/24 response) Syserco did develop the conceptual design as indicated in the Bridging documents. The City does not see this as an advantage in the RFP evaluation process.

A: (12/24/24 additional information ): Please know that Syserco was purposefully not involved in developing the RFP, and their work on the bridging documents was limited to align with allowances in State law. Also, any information they have provided is made available to all potential DBE’s in accordance with State law.

12. Q: The current sample contract has areas we may take some exception to. Will we be able to negotiate mutually agreeable terms and modify the sample contract prior to award? A: (12/18/24 response) The standard terms and conditions of the City’s contracts are not typically negotiated. Other terms and conditions may be reviewed with City staff and our City Attorney’s Office.

A: (12/24/24 additional information ): we state in Section 9 that we 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 or additional information…” In Section 2, C. we state, “The City will not consider requests to modify the form of the Design-Build Contract, General Conditions, or bond forms.”
It is important to clarify that any questions on the forms or contract negotiated terms are only applicable as it relates to the project approach for any vendor, and not the contract form itself.

13. Q: Is there any particular format, or content that your team would like to see presented during the interview? We are wondering if there are any guidelines you’d like us to follow? Or, should we not prepare a presentation and just be prepared for Q&A? A: For the presentation/interviews/discussions on January 9 th , please be prepared with a short presentation to introduce your team and outline the highlights of your proposal. We will follow that with a discussion on, and questions pertaining to, your proposal.

14. Q: The price proposal form is requesting 2 signatures with a notarized affidavit. This may be a challenge with the holiday. We will have an officer’s signature on the price proposal but may not have 2 officers and the notarized affidavit. Will it be acceptable to provide these documents at a later date?
A: The notarized affidavit should be emailed by 2pm on Tuesday January 7 th .

APPROVED BY:

Susan Michael
CIP Manager, Public Works

_____________

Cupertino City CouncilFebruary 4, 2025

Cupertino City Council
February 4, 2025