RFQ #2026-35

Respondents are responsible for reviewing all addenda before submitting. Acknowledge receipt of this addendum on the Addendum/Addenda Acknowledgement Form (Attachment 6). Addendum #2 does not change the submittal due date, the questions deadline, or the evaluation criteria.

Authority Corrections and Clarifications

Reference: Attachment 1 — I. General Specifications.

Further clarification: The Authority currently has a pond that sits unused due to inadequate infrastructure, and will need development, grading and drainage, and construction support with the necessary permits, so that it may be used going forward and be kept in compliance for future use and the monitoring that comes with it. The Authority understands monitoring is not usually performed by A&E firms.

The requirements currently needed for this first deliverable project are:

Site planning:

1. Structural Engineering (Site Development), Civil engineering;
2. Mechanical, Electrical engineering (Utility infrastructure);
3. Grading and Drainage, Landscape Architecture;
4. Construction support and oversight (project scheduling, general coordination, etc.);
5. Construction Cost estimating.

Phases of Services:

1. Schematic Design (Preliminary floor plans, site plans, etc.);
2. Design Development Phase (system integration, dimensional refinement, cost alignment);
3. Construction support;
4. Project specific analysis of codes, ordinances and permitting needed for pond upgrade construction.

Questions and Answers

Question 1:

1. Is the Housing Authority looking to develop a roster of as-needed firms for two different types of services, architectural AND engineering services?
2. Or only engineering firms?
3. Considering the first deliverable appears more focused on engineering requirements, is the Housing Authority looking for the consultant to submit a full team to include architectural and engineering firms on the same team?

Answer:

1. Yes, the Housing Authority is soliciting for both Architect and Engineer services. Professional as-needed services will be contracted for both areas of expertise.
2. At this time the Authority is soliciting for both Architect and Engineering firms. A firm may provide one professional service or both.
3. While beneficial, no, this is not required. With both an architect firm and an engineer firm contracted, no one specific firm needs to provide both.

End of Addendum #2.

Respondents are responsible for reviewing all addenda before submitting. Acknowledge receipt of this addendum on the Addendum/Addenda Acknowledgement Form (Attachment 6). Addendum #1 does not change the submittal due date, the questions deadline, or the scope of services.

The Authority issued the following corrections and clarifications to RFQ #2026-35. All corrections are reflected in the text on this page.

Correction 1 — HUD-51915 attachment number in the TAB 6 diagram

Reference: Section 3 — Submission Requirements, diagram of TAB order, page 5 of 13, “TAB 6”.

As printed: HUD-51915: Model Form of Agreement between Owner and Design Professional (Attachment 11).

Corrected to read as listed on Attachment 2 (Submittal Instructions and Requirements): HUD-51915: Model Form of Agreement between Owner and Design Professional (Attachment 12) — Must be signed.

Correction 2 — Managerial Capacity point value

Reference: Section 10 — Summary of Evaluation Criteria, page 12 of 13.

As printed: “Managerial Capacity: (20 Points Maximum)”.

Corrected to read: “Managerial Capacity: (25 Points Maximum)”.

Correction 3 — HUD Form 51915 reference in the Scope of Services

Reference: Attachment 1 — Scope of Services, Section III — HUD Form 51915, page 2 of 7.

As printed: “HUD-51915 included as Attachment 11”.

Corrected to read: “HUD-51915 included as Attachment 12”.

The addendum PDF also includes corrected replacement pages for page 5 of 13, page 12 of 13, and Attachment 1 page 2 of 7. Please insert them into your copy of the solicitation as needed for your records. End of Addendum #1.

The Housing Authority of the County of Merced (Authority) is soliciting quotes from interested, qualified, insured, registered entities to provide professional architectural and engineering services, on an as-needed basis, and as further detailed herein, specializing in water-retaining structures (Wastewater Systems, Ponds, Tanks, Reservoirs).

The Authority is soliciting this Request for Qualifications to award a contract to a firm(s) to provide architectural and engineering services (A/E) for various projects. The Authority reserves the right to complete an award to one firm only or to complete an award to multiple firms. If an award is made to more than one firm, such awards will be based on the Authority’s opinion that a firm can offer the Authority greater value for a certain service. Currently, the Authority has an immediate need for work pertaining to wastewater pond upgrades. It is the intention of the Authority to execute an initial one-year (1-year) contract with two (2) two-year (2-year) optional extensions.

Respondents will document past performance of providing the required services by submitting all required documentation as listed on “Submittal Instructions & Requirements” (Attachment 2). Evaluation and contract award will be made to the proposer(s) that is best qualified to provide the services described in this RFQ based upon the evaluation criteria listed within.

This RFQ is being issued, as well as any addenda, by the Authority. The contact person for the Authority is:

Evelyn Chavira, Director of Procurement
405 U Street, Merced, CA. 95341
Telephone: (209) 386-4147
Email: evelync@merced-pha.com

Due Date for Submittals: Thursday, September 24, 2026 by 4:00 P.M. (PST)

1. Contact with Authority Staff, Board Members and/or Residents: Under no circumstances may any Authority Board Member or any Authority staff member other than the contact person specified within this RFQ be contacted during this RFQ process by any entity intending to submit a response to this RFQ. Failure to comply with this request will result in disqualification. All questions shall be in writing and directed to the contact person as listed within this solicitation.
2. Interpretations/Questions: During the period between issuance of this RFQ and the submittal due date, no oral interpretation of the RFQ’s requirements will be given to any prospective respondent. Requests for interpretation must be made in writing and submitted and received no later than Wednesday, September 16, 2026 at 10:00 A.M. PST; questions received after this time will not be responded to. Interpretations and/or questions must be submitted to Evelyn Chavira via email: evelync@merced-pha.com or Fax: (209) 722-0106.
3. Addendum and Update Procedures: During the period of advertisement for this RFQ, the Authority may wish to amend, add to, or delete from the contents of this RFQ. In such situations, the Authority will issue an Addendum to the RFQ setting forth the nature of the modification(s) and post the notice on the Authority website www.merced-pha.com and the Public Purchase website www.publicpurchase.com (opens in new tab). Additionally, the Authority will email, fax, or send via regular U.S. Postal Service Mail, upon written request, to any interested parties. It shall be the responsibility of each Respondent to ensure that they have any and all Addendum relative to this RFQ.

See Attachment 1 — Scope of Services/Deliverables, reproduced in full below.

1. Submittals may be submitted in person, by mail, or by other delivery service (i.e., FedEx, California Overnight, United Parcel Service (UPS), etc.). RFQ submittals must be delivered to the Authority at the Main Office, 405 U Street, Merced, CA. 95341, by or prior to Thursday, September 24, 2026 at 4:00 P.M. (PST).
2. It is the responsibility of the Respondent to ensure on-time delivery. RFQ submittals will address the Scope of Work requirements and be submitted with one (1) original including wet signatures and three (3) additional copies.
3. RFQ submittals will be assembled in the order described below and as outlined in “Submittal Instructions and Requirements” (Attachment 2) and delivered in a sealed envelope or box clearly marked with the respondent’s/firm’s name and including the following:

   REQUEST FOR QUALIFICATIONS #2026-35
   As-Needed Architect and Engineering Services

1. Late submittals will not be reviewed or considered for award. Late submittals will be filed and kept for procurement records. For any questions you may contact Evelyn Chavira at (209) 386-4147.
2. Facsimile copies or emails will not be accepted. All RFQ submittals will become the property of the Authority upon submission.
3. All RFQ submittals must be submitted in accordance with the conditions and instructions provided herein.
4. All RFQ submittals must remain open for acceptance for 90 days from the due date.
5. The RFQ submittals shall be bound in a manner that the Authority can easily remove the binding or remove pages to make copies, then easily return the submittal to its original condition — please do not staple.
6. All RFQ submittals shall be submitted in an 8½″ x 11″ format, preferably in a 3-ring binder or similar format.
7. Larger size pages or inserts may be used provided they fold into 8½″ x 11″.
8. The front cover of the submittal should bear the name and number of the RFQ, date of submittal, Respondent’s name(s), address, phone & fax numbers, and email address(es).
9. Provide all required certifications and HUD forms, and all other required documents as outlined within this RFQ. All forms that require a signature or initials must bear an original signature or initial on at least one (1) submittal.
10. All copies of the submittal must be identical in content and organization.
11. The RFQ submittals, including copies, shall be organized into sections and tabbed for ease of review according to the format below.

Required Tab Organization

• TAB 1 Submittal Instructions & Requirements (Attachment 2)
  Sealed Proposal Cost Form (Attachment 3) — will only be opened upon successful award of contract
• TAB 2 Profile of Firm Form (Attachment 4)
  Form of Non-Collusive Affidavit (Attachment 5)
  Addendum/Addenda Acknowledgement Form (Attachment 6)
• TAB 3 Architect/Engineer Project Experience — convey capacity to meet all requirements of the RFQ
  Managerial Capacity (with organizational chart if possible)
  Financial Viability, including declared earnings for the past 3 months
• TAB 4 Demonstrated Successful Past Performance
  Three (3) references — include company/agency name, mailing address, contact person, telephone and email address, and a brief description of services performed
• TAB 5 Contractor/Sub-Contractor Information with Business Enterprise Verification (Attachment 7)
  Section 3 Certification for Business Concerns Seeking Business Preference (Attachment 8) — must be completed or marked N/A
• TAB 6 HUD-5369-C: Certifications and Representations of Offerors — Non-Construction Contract (Attachment 10)
  HUD-51915: Model Form of Agreement Between Owner and Design Professional (Attachment 12) — must be signed
• TAB 7 Optional — brochures or other material that may be helpful in evaluating your firm; other information

Non-Responsive RFQ Submittals: All RFQ submittals will be reviewed for responsiveness to the material requirements of the solicitation. A submittal that is not materially responsive will not be eligible for further consideration for award of the Contract, and the respondent shall receive notice of the non-award of its submittal.

1. Acceptance of Submittal: RFQ submittals must be signed and received, in completed form, at the Authority prior to the submittal due date and time. RFQ submittals submitted after the designated due date and time will not be accepted for any reason and will be returned unopened to the sender.
2. Time for Reviewing RFQ Submittals: RFQ submittals received prior to the due date and time will be securely kept and remain unopened. RFQ submittals received after the due date and time will not be considered. All RFQ submittals properly received will be evaluated by an Authority Evaluation Committee appointed by the Executive Director.
3. Withdrawal of RFQ Submittals: RFQ submittals may be withdrawn by written notice or facsimile transmission received at any time prior to award, provided that the withdrawal request has the signature of the authorized representative.
4. Award of Contract(s): Contract shall be awarded to the Respondent whose submittal best meets the needs of the Authority. The Respondent to whom award is made will be notified at the earliest practical date.
5. HUD Debarment and Suspension List: Contract shall not be awarded to a contractor which has been debarred, suspended, or otherwise deemed ineligible for participation, in accordance with Federal regulations (24 CFR Part 24 and 24 CFR Part 85) and in accordance with State of California law.
6. No Claim Against the Authority: A Respondent shall not obtain, by submitting a submittal in response to this RFQ, any claim against the Authority or the Authority’s property by reason of all or any part of any of the following: any aspect of this RFQ; the selection process; the rejection of any or all offers; the acceptance of any offer; entering into any agreements or the failure to enter into any agreements; any statement, representations, acts, or omissions of the Authority or any person or entity on its behalf; the exercise of any discretion set forth in or concerning any of the foregoing; and any other matters arising out of the foregoing. The Authority shall not incur any costs nor provide reimbursement for any preparation of a response to this solicitation.
7. Best Available Data: All information contained in this RFQ is the best data available to the Authority at the time the RFQ was prepared. The information given in the RFQ is not intended as a representation having binding legal effect. This information is furnished for the convenience of the Respondents, and the Authority assumes no liability for any errors or omissions.
8. Licenses: The Respondents will be required to obtain and maintain all required licenses necessary to conduct business in the City of Merced, if required, and the State of California. All licenses must be kept up-to-date for the duration of this contract. Copies of all required licenses must be submitted at or prior to contract signing.
9. Respondent Responsibilities: Each Respondent is presumed by the Authority to have thoroughly studied this RFQ and to be familiar with the contents, locations, nature of request, etc. covered by the RFQ. Any failure to completely understand this RFQ is the responsibility of the Respondent.
10. Release of Information: Information submitted in response to this RFQ will not be released by the Authority during the submittal evaluation process or prior to a contract award.
11. Proprietary Information: If a respondent does not desire certain proprietary information in their response disclosed, the respondent is required to identify all proprietary information in the response, which identification shall be submitted concurrently with the response. If the respondent fails to identify proprietary information, it agrees by submission of its response that those sections shall be deemed nonproprietary and may be made available upon public request after a contract award.
12. Indemnification: Contractor shall indemnify and defend the Authority, its officers, officials, employees, volunteers, agents, and assigns and hold it harmless from and against any and all claims, demands, liability, damage, costs, expenses, awards, fines, judgements, and attorney fees arising out of or in any way connected with the performance of this Contract. Indemnity shall apply to any acts, omissions, willful misconduct, or negligent conduct, whether active or passive, unless liability is caused solely by the negligent or willful misconduct of the Authority. Contractor will, on request and at its own expense, defend any action, suit, or proceeding arising hereunder and shall reimburse and pay the Authority for any loss, cost, damage, or expense, including attorney fees (including those of in-house counsel) suffered by it hereunder.

1. Rights: Any prospective or actual proposer or contractor who is allegedly aggrieved in connection with the solicitation of a submittal or award of a contract shall have the right to protest. Such right only applies to serious violation of the Authority procurement policy. Any protest of an award or proposed award must be filed in writing within ten (10) days from the date of the official award notification and must be received by 5:00 p.m.
2. Definition: An alleged aggrieved “protestant” is a prospective proposer or contractor who wishes the Authority to correct the alleged inequitable condition or situation.
3. Eligibility: To be eligible to file a protest with the Authority pertaining to an RFQ or contract, the alleged aggrieved protestant must have been involved in the RFQ process in some manner as a prospective proposer (i.e., recipient of the RFQ documents) when the alleged situation occurred. The Authority has no obligation to consider a protest filed by any party that does not meet these criteria.
4. Procedure: Any actual or prospective contractor may protest the solicitation or award of a contract for material violation of the Authority’s procurement policy. Any protest against an Authority solicitation must be received before the due date for receipt of RFQ submittals, and any protest against the award of a contract must be received within ten (10) calendar days after contract award or the protest will not be considered.
   1. All protests must be in writing and submitted to the Contracting Officer, Executive Director, or his/her designee for a written decision.
   2. The Contracting Officer, Executive Director, or his/her designee will review and issue a written decision and findings to the Protester or Protesters within thirty (30) business days from receipt of the written protest.
   3. This decision is then appealable to the Authority Board of Commissioners within five (5) business days of receipt of the written decision.
   4. Appeals which are not filed in a timely manner will not be considered and the decision will become final.
   5. All appeals will be appropriately marked and sent to the address listed below:

      APPEAL OF RFQ #2026-35 As-Needed Architect and Engineering Services
      Housing Authority of the County of Merced
      ATTN: Executive Director
      405 U Street, Merced, CA. 95341

1. The Authority reserves the right to accept or reject any or all RFQ submittals, to take exception to these RFQ specifications, or to waive any formalities or to terminate the RFQ process at any time, if deemed by the Authority to be in its best interests.
2. The Authority reserves the right to reject and not consider any submittal that does not meet the requirements of this RFQ, including but not necessarily limited to incomplete submittals and/or RFQ submittals offering alternate or non-requested services. Respondents may be excluded from further consideration for failure to fully comply with the specifications of this RFQ.
3. The Authority reserves the right not to award a contract pursuant to this RFQ.
4. The Authority reserves the right to reject the submittal of any Respondent who has previously failed to perform properly or to complete on time a contract of similar nature, or who is not in a position to perform the contract.
5. The Authority reserves the right to terminate a contract awarded pursuant to this RFQ at any time for its convenience upon 10 days written notice to the successful Respondent(s).
6. The Authority reserves the right to determine the days, hours, and locations that the successful Respondent(s) shall provide the services called for in this RFQ.
7. The Authority reserves the right to retain all RFQ submittals submitted and not to permit withdrawal for a period of 60 days subsequent to the deadline for receiving RFQ submittals without the written consent of the Authority’s Executive Director.
8. The Authority reserves the right to negotiate the fees proposed by the Respondent entity.
9. The Authority shall have no obligation to compensate any Respondent for any costs incurred in responding to this RFQ.
10. The Authority shall reserve the right at any time during the RFQ or contract process to prohibit any further participation by a Respondent or reject any submittal submitted that does not conform to any of the requirements detailed herein.

The Build America, Buy America (BABA) Act was enacted on November 15, 2021, as part of the Infrastructure Investment and Jobs Act (IIJA) (Pub. L. No. 117-58), also known as the Bipartisan Infrastructure Law. BABA establishes a domestic content procurement preference known as the “Buy America Preference” (BAP) for Federal infrastructure spending. The BAP requires that all iron, steel, manufactured products, and construction materials used in infrastructure projects funded with Federal financial assistance must be produced in the United States, per the Community and Development Notice: CPD-2023-12. In accordance with these guidelines, the Authority must comply with the requirements of the Build America, Buy America (BABA) Act, 41 USC 8301 note, and all applicable rules and notices, as may be amended, and as applicable to this project. Pursuant to Title 2, CFR Chapter 1, Part 184, materials used are subject to BABA requirements, unless exempted by a waiver. Contractor must make every effort to ensure any applicable material used for this project is produced in the United States according to the BABA guidelines.

RFQ submittals received in response to this solicitation shall be evaluated based on the evaluation factors set forth in the RFQ. Factors not specified in the RFQ shall not be considered. Contract shall be awarded to the responsible firm whose qualifications best meet the needs of the Authority and are most advantageous to the Authority.

1. RFQ submittals will be evaluated and scored. Scoring will be based on predetermined qualification criteria; the available points associated with each area of consideration are outlined in “Section 9 — Evaluation Criteria”.
2. If, after the initial evaluation of RFQ submittals, there is a clear winner, a contract may be awarded at that time. If further consideration is needed, negotiations/discussions may be entered into.
3. The Authority reserves the right to make no award or decline to enter into negotiations should it believe that no Respondents to this RFQ will be capable of delivering the necessary level of services.
4. The Evaluation Committee will evaluate the merits of RFQ submittals received in accordance with the evaluation factors stated in the RFQ and formulate a recommendation. However, while a numerical rating system may be used to assist the Evaluation Committee in selecting the competitive range (if necessary) and making an award recommendation decision, the award decision is ultimately a business decision that will reflect an integrated assessment of the relative merits of the submittal using the factors and their relative weights disclosed in the RFQ.

The following factors will be utilized by the Authority to evaluate each submittal received. Award of points for each listed factor will be based upon the detailed information that the firm submits within their submittal.

• 25 PointsCapacity to Meet All Requirements
• 25 PointsManagerial Capacity
• 25 PointsDemonstrated Successful Past Performance
• 25 PointsIncludes Three (3) References
• 100 PointsSubtotal
• 5 PointsAdditional — Business Enterprise Verification (SBE/DBE/MBE/WBE)
• 5 PointsAdditional — Section 3 Certification for Business Concerns Participation
• 110 PointsMaximum Points Possible

Architect/Engineer Project Experience (25 Points Maximum)

• (18–25) Submittal demonstrates a strong capacity to meet all requirements specified in the RFQ.
• (12–17) Submittal demonstrates a solid capacity to meet all of the requirements specified in the RFQ.
• (6–11) Submittal demonstrates fair capacity to meet all requirements specified in the RFQ.
• (0–5) Submittal does not demonstrate capacity to meet all requirements specified in the RFQ.

Managerial Capacity

• (18–25) Submittal demonstrates excellent staffing levels with appropriate qualifications. Demonstrates ability to maintain staffing levels and appropriate equipment/materials. RFQ includes an excellent Management Plan and reasonable schedule. (Over 10 years of experience)
• (12–17) Submittal demonstrates sufficient staffing levels with appropriate qualifications. Appears to have the ability to maintain staffing levels and appropriate equipment/materials. Management Plan is good. (5–10 years of experience)
• (6–11) Submittal demonstrates fair staffing levels with fair qualifications. May have the ability to maintain staffing levels and appropriate equipment/materials. Management Plan is fair. (Less than 5 years)
• (0–5) Submittal does not demonstrate sufficient staffing levels with appropriate qualifications. May not have the ability to maintain staffing levels and appropriate equipment/materials for the work required. Management Plan is not adequate.

Demonstrated Successful Past Performance (25 Points Maximum)

• (18–25) Submittal demonstrates a complete and comprehensive track record of successfully completing projects substantially similar and provides an adequate list of verifiable references.
• (12–17) Submittal demonstrates a good track record of successfully completing projects substantially similar to that required and provides an adequate list of verifiable references.
• (6–11) Submittal demonstrates a fair track record of successfully completing projects substantially similar and provides a fair list of verifiable references.
• (0–5) Submittal does not demonstrate an adequate track record of successfully completing projects substantially similar and does not include an adequate list of verifiable references.

Includes Three (3) References (25 Points Maximum)

• (21–25) Respondent lists three (3) previous clients with detailed projects and all references give an excellent response on quality of service.
• (15–20) Respondent lists three (3) previous clients with no details on projects, and references do not have a favorable response on quality of service or do not respond to contact.
• (10–15) Respondent lists two (2) previous clients with detailed projects and all references give an excellent response on quality of service.
• (5–10) Respondent lists two (2) previous clients with no details on projects, and references do not have a favorable response on quality of service or do not respond to contact.
• (0–5) Respondent lists one (1) previous client with detailed projects and all references give an excellent response on quality of service.

Additional Points Possible (10 Points Maximum)

• (5) Preference #1: SBE/DBE/MBE/WBE Preference.
• (5) Preference #2: Section 3 Certification for Business Concerns Seeking Section 3 Business Preference in Contracting and Demonstration of Capability.

The following attachments are included in the solicitation packet PDF. Items required as part of a responsive submittal are noted with (*).

• Attachment 1:Scope of Services
• Attachment 2: *Submittal Instructions & Requirements
• Attachment 3: *Sealed Proposal Cost Form (submitted in a separate sealed envelope)
• Attachment 4: *Profile of Firm Form
• Attachment 5: *Form of Non-Collusive Affidavit
• Attachment 6: *Addendum/Addenda Acknowledgement
• Attachment 7: *Contractor/Sub-Contractor Information with Business Enterprise Verification
• Attachment 8: *Section 3 Certification for Business Concerns Seeking Business Preference (must be completed or marked N/A)
• Attachment 9:HUD-5369-B: Instructions to Offerors, Non-Construction
• Attachment 10: *HUD-5369-C: Certifications and Representations of Offerors — Non-Construction Contract
• Attachment 11:HUD-5370-C: General Conditions for Non-Construction Contracts, Section I (With or Without Maintenance Work)
• Attachment 12: *HUD-51915: Model Form of Agreement Between Owner and Design Professional (must be signed)
• Attachment 13:Authority Insurance Requirements for Consultants

The Housing Authority of the County of Merced (Authority) is soliciting quotes from interested, qualified, licensed, insured, and registered entities to provide professional architectural and engineering services, on an as-needed basis, and as further detailed herein, specializing in water-retaining structures (Wastewater Systems, Ponds, Tanks, Reservoirs).

The selected A/E firm(s) will provide an indefinite quantity of professional architectural and engineering services on an as-needed basis as requested for the duration of the awarded contract. It is the intention of the Authority to execute an initial one-year (1-year) contract with two (2) two-year (2-year) optional extensions. The Authority reserves the right to complete an award to one firm only or to complete an award to multiple firms.

An initial sample “scope of deliverables” follows. Procurement of said services shall be in accordance with State and Federal regulations applicable to Community Development Block Grant (CDBG) Program projects. Firms interested in being considered for this project will submit a thorough statement of qualifications showcasing their past performance on architectural and engineering projects with an emphasis on wastewater systems and ponds.

I. General Specifications

Site planning: structural, mechanical, electrical, and civil engineering; landscaping; cost estimating; construction contract administration; and construction oversight.

Phases of services: Schematic Design/Preliminary Study; Design Development Phase; Bidding, Construction and Contract Document Phase; Bidding and Award Phase; Construction Phase; and Post Completion/Warranty Phase.

Clarified by Addendum #2 (August 25, 2026): the Authority has detailed the site planning disciplines and phases of services required for the first deliverable project — the unused pond that needs development, grading and drainage, and construction support with the necessary permits.

II. Project Request Negotiations

Should more than one (1) firm be awarded a contract, when the Authority has need of A/E work, the Authority staff overseeing the project will contact the 1st-ranked awarded firm to ascertain whether that firm is available to do the work within the reasonable time frame the Authority has established for that work. If the firm is available within the Authority’s requirements, the Authority shall then, in conformance with all procurement requirements, attempt to negotiate a reasonable cost with the available firm. If such negotiation cannot be successfully concluded within ten (10) business days, the Authority shall retain the right to suspend negotiations with that firm and proceed to the 2nd-ranked firm.

PLEASE NOTE: Once the Authority has ended negotiations with the 1st-ranked firm, the Authority shall not again enter into negotiations with that firm pertaining to the current project request (however, this shall not cause that firm to lose its place as the 1st-ranked firm for any following project requests).

If the 2nd-ranked awarded firm is not available or the Authority is not able to successfully reach a negotiated cost with the 2nd-ranked firm, the Authority will proceed to the next-ranked awarded firm and repeat the same negotiation process. This process may be repeated by the Authority with ensuing ranked firms until the Authority has successfully negotiated a reasonable cost for the current requested project.

III. HUD Form 51915

Each Respondent must review the “Model Form of Agreement Between Owner and Design Professional” (HUD-51915), included as Attachment 12. Each Respondent must sign the professional service contract and return it to the Authority as part of its submittal. By signing a Model Form of Agreement contract, if the Authority accepts and signs the Agreement, the Agreement shall be binding on both parties. Any and all services performed must comply with all applicable Federal regulations including, but not limited to, Handicap Accessibility (Section 504), the Americans with Disabilities Act (ADA), Uniform Federal Accessibility Standards (UFAS), Davis-Bacon wage requirements, Environmental requirements, the Build America/Buy America Act (BABA), and Federal procurement requirements. In addition, all services must be performed in compliance with applicable laws, regulations, and local building code requirements and ordinances.

IV. Non-Responsive RFQ Submittals

All RFQ submittals will be reviewed for responsiveness to the material requirements of the solicitation. A submittal that is not materially responsive will not be eligible for further consideration for award of the Contract, and the Respondent shall receive notice of the non-award of its submittal.

Scope of Deliverables — Pond Evaluation for Compliance and Emergency Preparedness: Authority Migrant Center

Contractor will determine what upgrades will be needed for continued compliance and emergency preparedness. Contractor will create and submit a report on all found issues to the Authority, with recommendations on what is needed to bring the issues up to code to increase the ability for ponds to run from existing 6-month usage to year-round continuous usage. In addition, the contractor will adhere to generally accepted industry practices and comply with all federal, state, and local building codes, laws, regulations, and ordinances that bear on the performance of the work. It is the sole responsibility of the contractor to examine and inspect the wastewater pond in its entirety to provide a complete and accurate proposal for necessary repairs to ensure compliance with current regulations and to support emergency use of the center in case of natural disasters.

The scope of work is not all-inclusive. This scope is an example of current needs and may be expanded upon after successful award of the Qualifications contract and based on the awarded contractor’s recommendations following evaluation of the pond.

I. Description of Properties

1. The Migrant Center is comprised of forty-nine (49) residential rental units, two (2) staff units, one (1) daycare center, and an on-site laundry facility. The Center operates for approximately one hundred eighty (180) days out of the year. Additionally, the Center has one (1) fully operable pond and two/three (2/3) non-operating ponds.

II. Scope of Work

In general, the Contractor will conduct a detailed site visit at the Migrant Center and inspect the existing wastewater pond system.

1. On-site evaluation of existing pond system:
   1. Contractor will conduct a detailed site visit and inspection of ponds on site, focusing on physical integrity, signs of wear or damage, and capacity capability. This will include any ponds not currently in use.
   2. Review of the Migrant Center’s wastewater pond system, including any ponds not currently in use. Contractor will analyze with consideration of what requirements are needed for compliance with:
      1. Existing codes; or
      2. Maintaining compliance; and
      3. Evaluating whether ponds are flood resilient and overall pond resilience for emergency situations, with a report; and
      4. Creating a detailed report that will allow creation of a scope of work that will include all work, material, supporting components, etc. needed in order to put into operation a second, fully operable and compliant pond at the Migrant Center.
   3. Identify and rank potential risks, including structural integrity concerns, safety hazards, etc., providing a prioritized list of improvements to mitigate these risks. This will include any ponds not currently in use.
   4. Other related and/or miscellaneous work, as needed.
2. Plant assessment monitoring, including but not limited to:
   1. Assess common issues, e.g., overflow risk, algae, debris buildup, pest issues, fencing/signage, and damage caused by local or foreign animals.
   2. Contractor will create a maintenance plan for future monitoring of the pond system plant environment.
   3. Analyze and evaluate the pond’s performance in handling nutrient levels, oxygen depletion, and other wastewater-related risks.
3. Recommendations for required monitoring and/or other reports to the regulating agency/agencies:
   1. Review and assess compliance with local, state, and federal environmental regulations regarding wastewater management, safety standards, and operational requirements.
   2. Contractor will provide a prioritized list of improvements for both immediate and long-term solutions. The improvement list shall include recommendations for enhancing flood protections, optimizing nutrient management, and improving overall pond resilience to emergencies.
   3. Evaluate maintenance practices, including debris control and erosion damage.
   4. Assess and/or recommend influent flow meter calibration practices; create a plan as needed.
   5. Contractor will create a maintenance plan for future monitoring of the pond system.
   6. Analyze the pond’s design and operational efficiency, considering factors such as current inflow, outflow, treatment capacity, and seasonal changes.
   7. Provide a sample of a monthly monitoring analysis of each system to the Authority.
4. Estimated Costs Reports:
   1. The contractor will provide a detailed cost estimate. The cost estimate will include recommended improvements by urgency, safety, pond performance, and design evaluation.
   2. Contractor will submit a finalized report including a comprehensive report of all of the above-mentioned items, including background information, existing conditions, design evaluations, recommended improvements, and costs.

III. General Specifications

1. Generally accepted industry standards must be adhered to and work performed in a workmanlike manner.
2. Contractor will be required and responsible for obtaining, maintaining, and paying for all city and/or county business licenses and related connection or other fees. Copies of licenses must be submitted to the Authority prior to issuance of the Notice to Proceed. Failure to maintain these licenses in a current status during the term of the contract will constitute a material breach thereof.
3. It is the sole responsibility of the contractor to obtain permits as needed. If the Contractor is unsure whether permits are needed or needs additional information, the Contractor MUST visit the County of Merced Building and Safety Division office at 2222 M Street, Merced, CA, or call (209) 385-7477.
4. Contractor will be required and responsible for paying any and all related and required fees and costs, including but not limited to impact fees, architectural and/or engineering costs, environmental testing costs, etc., associated with the work.
5. All work must be performed according to industry standards, procedures, and methods normally accepted in the industry and in compliance with all current federal, state, and local laws, codes, ordinances, and regulations. If such compliance is impossible for reasons beyond its control, the Contractor will immediately notify the Authority of that fact and the reasons therefore. Additional costs by the Contractor cannot be assumed and must be pre-approved by the Authority prior to performance of work.
6. Any removal of material not approved by the Authority will be at the Contractor’s sole cost for its lawful disposal, replacement, labor to install, as well as any design costs, fees, and charges related to its approval.
7. Contractor will be responsible for the repair and/or replacement of any damaged areas made in the course of the work being performed. Damaged areas include, but are not limited to, existing, adjacent, and/or adjoining structures, walls, roofs, ceilings, floors, fences, and/or landscape. All repairs and/or patches must match existing materials, must meet industry standards, and must be compatible with the design and quality of the existing, adjacent, and/or adjoining materials.
8. Contractor is solely responsible for calling 811 before performing any digging on Authority property. Any disasters or damage to property as a result of the contractor’s failure to call 811 and receive notification from utility companies on underground line locations shall be considered a breach of contract. All monetary damages will be assumed by the contractor.
9. Contractor shall minimize dust from any construction activities and conform to the requirements of the San Joaquin Valley Unified Air Pollution Control District.
10. The Contractor must comply with all laws, ordinances, rules, and regulations applicable to the work. The Contractor will provide adequate protection for all persons and all Authority personnel within the working area or approaches thereto and will furnish and erect temporary barricades where necessary.
11. Contractor will supply all safety or warning signs, equipment, plastic covers, barricades, and any other specialty items that may be required. The Contractor, its employees, subcontractors, or other representatives have no tenancy and shall be admitted to the grounds only for the proper execution of the work under this contract.
12. Contractor’s employees shall wear identification (uniform, shirt, caps, etc.) while performing duties.
13. All work shall be inspected and signed off by the Authority’s Authorized Representative before the work is deemed complete. No payment will be made until all work is completed to the satisfaction of the Authority and is deemed complete.

IV. Travel Costs/Expenses

The Authority shall not pay the contractor nor reimburse the contractor for any travel, meals, lodging, or incidental expenses incurred in the performance of the project or related to the awarded contract. All such costs are deemed included in the submitted fixed contract price.

V. Build America, Buy America Requirements

The Build America, Buy America (BABA) Act was enacted on November 15, 2021, as part of the Infrastructure Investment and Jobs Act (IIJA) (Pub. L. No. 117-58), also known as the Bipartisan Infrastructure Law. BABA establishes a domestic content procurement preference known as the “Buy America Preference” (BAP) for Federal infrastructure spending. The BAP requires that all iron, steel, manufactured products, and construction materials used in infrastructure projects funded with Federal financial assistance must be produced in the United States, per the Community and Development Notice: CPD-2023-12. Pursuant to Title 2, CFR Chapter 1, Part 184, materials used are subject to BABA requirements, unless exempted by a waiver. Contractor shall make every effort to ensure any applicable material used for this project is produced in the United States according to the BABA guidelines and requirements.

VI. Drug-Free Workplace

The Authority maintains a drug-free workplace, which applies to contracted work on all Authority properties. Contractors, Subcontractors, and/or their employees shall not engage in the use of illegal drugs. This includes the illegal use of prescription drugs and/or alcoholic beverages on the job, at the workplace, on Authority properties, or reporting to work for the Authority under the influence of any of the above.

1. Medical Marijuana: The use and/or possession of medical marijuana is strictly prohibited on Authority property and will result in termination of the contract. Federal law supersedes State laws that legalize medical marijuana related conduct.

VII. Smoke-Free Workplace

The Authority maintains a smoke-free workplace, which applies to contracted work on all Authority properties. Contractors, Subcontractors, and/or their employees shall not smoke on any Authority property. Smoking is prohibited within twenty-five feet (25’) of buildings and outdoor areas, including but not limited to residential buildings, entry ways, walkways, grassed areas, play areas, parking lots, and private vehicles parked on Authority property. Smoking materials (i.e., cigarette butts, matches, etc.) shall not be disposed of in gutters, on walkways, in streets, on driveways, in common areas, or any other areas on Authority property. Smoking materials include, but are not limited to, inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe, or other lighted smoking device for burning tobacco or any other plant, or vapor cigarettes, vapor pens, or similar devices.

VIII. Prevailing Wage Determination — California Department of Industrial Relations (DIR)

The Authority maintains four Migrant Centers which are regulated by the State; as such, any project or individual work performed for the Migrant Centers in an amount of $1,000.00 or more is subject to and requires compliance with the general prevailing wage determinations made by the Director of the Department of Industrial Relations pursuant to California Labor Code Part 7, Chapter 1, Article 2, Sections 1770, 1773, and 1773.1. The effective date of each determination is ten (10) days after the issue date (8 CCR § 16000). The general determinations are issued twice a year (February 22 and August 22) and go into effect ten days thereafter.

For Commercial Building, Highway, Heavy Construction, and Dredging Projects, INDEX 2026-01 General Prevailing Wage Journeyman Rates applies. DIR wage determination: Northern California basic trade journeyman rates; Determination Craft: Building/Construction Inspector and Field Soils and Material Tester; Determination #: NC-63-3-9-2025-1, Group 2 Construction Inspector; Issue Date: August 22, 2025. The DIR craft determination will be used for Migrant Center units. You may obtain a current wage determination by visiting: https://www.dir.ca.gov/oprl/2025-2/PWD/Determinations/Northern/NC-063-3-9.pdf (opens in new tab)

Wage shall be locked in upon award of the contract. Attention is called to the Notice of Requirement for Affirmative Action to ensure Equal Employment Opportunity (Executive Order #14026) and payment of not less than prevailing salaries and wages, as set forth in the specifications, pursuant to Section 16(2) of the United States Housing Act, as amended.