Bid Notice.pdf

REQUEST FOR PROPOSAL (RFP)

26-RFP-024

ON-CALL DISTRICT ENGINEER-EQUIVALENT SERVICES FOR

INFRASTRUCTURE AND PLANNING

West County Wastewater

2910 Hilltop Drive

Richmond, CA 94806

RELEASE DATE: July 13, 2026

DEADLINE FOR QUESTIONS: August 10, 2026

RESPONSE DEADLINE: September 3, 2026, 5:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/wcwd https://procurement.opengov.com/portal/%7bproject.government.code%7d

West County Wastewater

REQUEST FOR PROPOSAL (RFP)

On-Call District Engineer-Equivalent Services for Infrastructure and

Planning

1. Notice Inviting Proposals

2. Instructions to Proposers

3. Scope of Services

4. Proposal Contents and Requirements

5. Solicitation Process

6. Evaluation Criteria

7. Revised Proposals, Interviews and Negotiations

8. Contractual Requirements

9. Proposal Content Checklist

Attachments:

A - Sample-On-Call_AE_Services_Agreement

B - Task Order Procedures

C - Form_1-Proposal_Cover_Form_

D - Form 2-Reference Form

E - Form_3-Cost_Proposal_Form_

F - Form 4-Levine Act Statement

Request for Proposal (RFP) #26-RFP-024 Title: On-Call District Engineer-Equivalent Services for Infrastructure and Planning

1. Notice Inviting Proposals

1.1. Summary

Notice Inviting Proposals

West County Wastewater District ("WCW") is seeking proposals from qualified firms to provide on-call engineering consulting services for WCW's Infrastructure and Planning Department ("Services"), as further detailed in Section 3, Scope of Services. The selected Consultant shall act as WCW’s primary technical engineering advisor and shall perform professional engineering services under the direction of the General Manager or designee. Services will be provided on an on-call, task-order basis and shall include administrative oversight, strategic leadership, technical review, mentorship, emergency response, and capital project support in compliance with all applicable federal, state, and local regulations. If approved by WCW's Board of Directors, the successful Proposer will execute an agreement in the form of Attachment A for a three (3)-year base term with up to two (2) one-year option terms.

The project scope, content of proposal, and selection process are summarized in this Request for

Proposals ("RFP"). WCW intends to adhere to the solicitation schedule shown in the Timeline below, which is subject to change at WCW's sole discretion.

Solicitation Schedule

The complete Solicitation Schedule for this Project, "On-Call District Engineer-Equivalent Services for

Infrastructure and Planning" is stated in the Timeline section below.

All proposals must be submitted through WCW's eProcurement Portal, OpenGov Procurement, in accordance with the solicitation schedule. All Questions must be submitted in writing through OpenGov

Procurement by clicking the Question/Answer Tab. All Questions submitted and answers provided will be electronically distributed to Proposers through OpenGov Procurement, pursuant to the solicitation schedule in the Timeline below.

Proposals will not be accepted after the proposal submission deadline. An incomplete proposal or a proposal that does not conform to the requirements may not be considered, in WCW's sole discretion.

Issuance of this RFP does not obligate WCW to award a contract. WCW is not liable for any of Proposer’s costs to prepare and submit a proposal. WCW may award all or parts of this contract to several

Proposers, select no Proposers, and/or to re-solicit proposals. By submitting a proposal, the Proposer agrees that it has read and understands all requirements and conditions of this RFP.

Submission of a proposal constitutes a firm offer to WCW for 180 days from the deadline. Submission of a proposal indicates an intent to be bound to the conditions contained in this RFP unless a clear exception request is included in the proposal. Questions regarding this RFP are to be submitted and answered through WCW's eProcurement Portal.

Task Order Performance Period

It is the intent of WCW to enter into one (1) Agreement for Services (“Agreement”) with the highest-ranked Proposer to serve as the on-call service provider. Task Orders (“TOs”) for specific projects or services during the Agreement term will be issued to the on-call Consultant in accordance with the procedures set forth in Attachment B, “Task Order Procedures,” of this RFP.

If approved by WCW’s Board of Directors or designee, the successful Proposer will execute an on-call

Agreement for a three (3)-year base term with up to two (2) one-year option terms. TOs will be issued as needed on a Specified Rate of Compensation (SRC) basis.

1.2. Background

WCW provides wastewater collection and treatment services to approximately 100,000 residents. WCW is a political subdivision of the State of California and operates as an independent special district. WCW's current political boundaries are comprised of the City of San Pablo, a portion of the City of Richmond, a portion of the City of Pinole, and some unincorporated areas within western Contra Costa County.

WCW's system includes 249 miles of gravity sewer pipelines, 17 lift stations, 6 miles of pressurized force mains, and a water quality resource recovery plant with a National Pollutant Discharge Elimination

System (NPDES) permitted capacity of 12.5 million gallons per day.

1.3. Contact Information

Natalie Alvarez

Senior Management Analyst

Email: nalvarez@wcwd.org

Phone: (510) 685-0489

Department:

Infrastructure and Planning

1.4. Timeline

RFP Issued July 13, 2026

Questions and Requests for Clarifications

("RFCs") Due

August 10, 2026, 5:00pm

WCW's Response to Questions/RFCs August 13, 2026, 5:00pm

Proposal Submission Deadline September 3, 2026, 5:00pm

Interviews (if required) September 16, 2026

Consultant Selection Date (tentative) November 19, 2026 mailto:nalvarez@wcwd.org tel:(510)685-0489

2. Instructions to Proposers

2.1. eProcurement Portal Registration

WCW will receive proposals from firms for On-Call District Engineer-Equivalent Services for

Infrastructure and Planning by the date and time listed in the solicitation schedule. To submit a proposal, Proposers must create a free account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup. Once Proposers have completed account registration, return to the link above and click on "Submit Response," and follow the instructions to submit the electronic proposal. Proposals submitted after the date and time listed in the solicitation schedule or by any other means will be returned unopened and will not be considered.

2.2. Questions and Addenda

All questions related to this RFP must be submitted in writing via the OpenGov Procurement

Question/Answer Tab, on or before the date and time listed in the solicitation schedule. All questions submitted and answers provided will be electronically distributed to all Proposers that have registered on OpenGov Procurement.

WCW reserves the right to amend this RFP at any time. Any amendments to or interpretations of the

RFP must be described in written Addenda. It is the Proposers' responsibility to monitor OpenGov

Procurement on a regular basis. Only signed Addenda, issued by WCW's authorized personnel, are binding. Proposers must acknowledge the receipt of each individual Addendum in their proposals through WCW's eProcurement Portal. Proposer’s failure to acknowledge in its proposal receipt of

Addenda, may, at WCW's sole option, cause the proposal to be rejected.

If WCW determines that the Addenda may require significant changes in the preparation of proposals, the deadline for submitting the proposals may be postponed by the number of days that WCW determines will allow Proposers sufficient time to revise their proposals. Any new due date will be included in the Addenda.

https://procurement.opengov.com/signup

3. Scope of Services

3.1. Scope of Services

The successful Proposer's tasks may include, but are not limited to:

1. General Scope and Advisory Role

• Primary Advisory Capacity: The Consultant shall serve as WCW's primary technical engineering advisor. In this capacity, the Consultant will provide independent, definitive technical guidance, strategic foresight, and authoritative engineering recommendations to the General Manager or designee (Director) regarding engineering matters related to WCW's wastewater collection, treatment, and disposal systems as well as other technical areas of operating such facilities.

• Professional Engineering Services: All work performed under this SOW shall constitute

"professional engineering services." The Consultant shall be strictly accountable for the accuracy, completeness, and engineering soundness of all plans, specifications, reports, and technical memoranda produced.

2. Administrative & Licensing

• Licensing & Sealing: The Lead District Engineer and all engineers-of-record must hold a valid

Professional Engineer (PE) license in the State of California throughout the duration of the

Agreement. As part of delivering professional engineering services, the Consultant shall sign and uniformly affix their professional engineering seal to all final drawings, specifications, technical reports, and calculations prepared for WCW.

• On-Site Presence: The Consultant shall provide a consistent physical presence at WCW's facilities. This includes, at a minimum, attendance at Infrastructure, Operations & Environmental

Committee meetings, Board of Directors meetings (in person unless virtual participation is approved by the Director), and regular “office hours" for staff mentorship as requested by the

Director.

• Responsible Charge: The Consultant shall function in "Responsible Charge" of WCW’s engineering work as defined by the California Professional Engineers Act (Business and

Professions Code Sections 6700 et seq.), assuming full professional liability and oversight for all technical engineering decisions made on behalf of WCW under this Agreement.

• WCW Software & Systems: The Consultant must be able to use and, where appropriate, prepare deliverables compatible with WCW-implemented software and systems, including

Trimble Unity Construct, Laserfiche, ArcGIS, Cityworks, SCADA, iCompass, and Autodesk.

3. Strategic Leadership & Director Support

• Agency Representation: Act as WCW's technical representative and advocate in interactions with regulatory agencies (e.g., Regional Water Quality Control Board), neighboring jurisdictions, developers, and the public, presenting complex engineering concepts clearly and professionally.

• Initiative Updates: Provide a monthly summary of progress on all active Task Orders and division initiatives.

• Policy & Process: Evaluate current standard operating procedures (SOPs) and recommend modifications to improve departmental efficiency and ensure adherence to current engineering best practices.

• Financial Planning: Assist in the development of the 10-year Capital Improvement Plan

(CIP) and the engineering portion of the biennial budget, providing authoritative cost-benefit analyses for proposed infrastructure investments.

• Deliverables: Monthly Status Reports, draft Board memoranda, and updated CIP project lists.

4. Optional (As-Requested) Mentorship & Staff Development

• Technical Training (Optional): Upon WCW's request and subject to Task Order authorization, provide 1-on-1 mentorship to junior engineering and support staff, focusing on technical engineering assignments, project management, plan review, and regulatory compliance.

• Performance Support (Optional): Upon request by WCW and subject to Task Order authorization, offer recommendations regarding staff technical competencies and suggest external training or certifications to address identified skill gaps.

5. Planning & Technical Assistance

• Development Review: Perform technical "Plan Checks" for sewer main extensions, residential, commercial, and industrial connections, and for Water Quality and Resource Recovery Plant

(WQRRP) treatment projects to ensure compliance with WCW's Standard Details and sound professional engineering principles.

• System Analysis: Evaluate hydraulic modeling data for the collection system to determine the impact of new developments, annexations, and proposed changes to the existing collection system.

• Solicitation and Task Order Review: Review solicitations and Task Orders and provide feedback and proposed adjustments to ensure clear conveyance of intent and receipt of deliverables.

• Standards Maintenance: Review and update the sewer lateral specifications, WCW Standard

Specifications and Drawings (AutoCAD format) to match current industry best practices and evolving regulatory requirements.

• Regulatory Compliance: Support WCW’s compliance with NPDES permits, WDRs (Waste

Discharge Requirements), and the Sewer System Management Plan (SSMP)

• Statutory & Environmental Compliance (General): Review engineering activities to ensure compliance with environmental standards (e.g., CEQA), safety orders, and local/state/federal laws.

• Technical Evaluation Memoranda: Upon request, provide written technical evaluations and recommendations regarding WCW infrastructure, operations, and capital projects in the form of an official memorandum suitable for WCW decision-making and Board/management consideration. These memoranda shall represent the Consultant’s formal professional engineering opinion.

• Oversight and Peer Review: Upon request, Consultant may be required to oversee the implementation of engineering projects or peer review work performed by other WCW consultants and staff.

6. Capital Portfolio Support

• Cost Estimating: Develop Engineer’s Opinions of Probable Cost for CIP projects. Estimates must include a narrative justifying cost escalations based on current local market conditions and bid results.

• Time Estimating: Develop timeline estimates for CIP projects. Estimates must include a narrative justifying durations for planning, design, construction and closeout.

• Construction Administration: Provide technical review of RFIs (Requests for Information), submittals, and material substitutions.

• Change Order Management: Evaluate contractor-initiated change order requests for technical necessity and cost reasonableness.

• Easements & Land Use: Advice regarding easement matters (acquisition and/or quitclaiming).

7. Emergency Response & Incident Support

• On-Call Support: Be available for immediate consultation during catastrophic equipment failures or sanitary sewer overflows (SSOs).

• Evaluation: Assist in identifying the root cause of emergency events and provide a "Post-

Incident Report" with recommendations for permanent repair or mitigation.

4. Proposal Contents and Requirements

4.1. Proposal Content

Submission of a proposal indicates acceptance by the firm of the conditions contained in this

RFP unless clearly and specifically noted in the proposal submitted and confirmed in the

Agreement between WCW and the firm selected.

Proposals must have a consistent font type and size of text; and must be limited to 60 or less letter-size pages, single space, single column, excluding Proposal Cover Form, Letter of

Introduction, Table of Contents, two-page resumes of key personnel, and other required attachments and forms.

In order to be accepted for evaluation, Proposers should provide the requested information in a concise, well-organized manner and must follow the prescribed format as outlined below.

Proposers must submit a proposal which includes the following information:

A. Proposal Cover Form (Form 1)

B. Letter of Introduction: The Letter of Introduction, which must be on company letterhead and signed by an authorized individual, must introduce the firm and summarize its qualifications; identify its proposed key personnel to be assigned to perform the Services, and summarize the main qualifications of the proposed team.

Proposers must also state in writing that they agree to be bound by their proposal for

180 days from the Proposal Submission Deadline.

C. Table of Contents: Proposals must include a Table of Contents displaying the organization of the proposal being submitted.

D. Qualifications and Experience: In order to be considered for award of an Agreement, each Proposer must provide information about its company so that WCW can evaluate the firm's stability and ability to support the commitments set forth in response to the

RFP. To be considered minimally qualified for award, Proposers must:

1. Have (through themselves, their team members or their sub-consultants) at least five (5) years of experience providing on-call District Engineer-equivalent services;

2. Be capable of providing the desired Services as delineated in the Scope of Services, substantially with its own staff;

3. Have knowledge and understanding of applicable regulations and codes and be familiar with local conditions relating to the project scope and Services;

4. Have a quality assurance system in place that adequately addresses the checking of analyses and calculations, drawings, specifications, cost estimates, reports and other supporting documentation for work product delivered in-house and by subconsultants; and

5. Have appropriate professional licenses required to perform the Services. The Lead

District Engineer and all engineers-of-record must hold a valid Professional Engineer

(PE) license in the State of California.

The proposal must include a description of the firm's qualifications to provide the Services, the experience of the firm, and recently completed projects that are similar in nature to the

Services. Proposer must provide sufficient information to demonstrate its experience in wastewater collection systems, wastewater process engineering, capital improvement plan development, hydraulic modeling, and other elements in the scope of services.

E. Team Members: A description of the Proposer’s team, including names and qualifications of key personnel, the proposed Lead Engineer, the proposed Project

Manager (if different from the Lead Engineer), and sub-consultants, and an organization chart showing how the team will work together. Each Proposer must submit resumes of key personnel. If the Proposer is a multi-firm team, describe the organizational arrangement and roles and responsibilities between the firms. Work that subcontractors will perform, if any, should be indicated on a task basis. This information must provide sufficient evidence to demonstrate that proposed key personnel have the skills, qualifications, and experience to successfully complete the Services as further described in this RFP. Proposers must describe the depth and quality of previous experience and the number of years of all proposed key personnel have provided similar services.

F. References (Form 2): List at least three other special districts or municipalities, or similar organizations, for which the Proposer has provided similar Services in the past five years. Do not include WCW as a reference. If, however, Proposer has provided services to WCW, WCW may consider that experience in its evaluation.

G. Financial Qualifications: Each Proposer must possess sufficient financial strength, resources and capabilities to support and enable the work to be performed and to complete the Agreement in a satisfactory manner, as measured by Proposer’s financial statements (Income Statements and Balance Sheets, only) for the previous three (3) years. Financial statements must be prepared in accordance with generally accepted accounting principles of the jurisdiction in which the Proposer is located, and must be audited by an independent certified public accountant. At WCW’s discretion, WCW may reject Proposers who are involved in current or pending bankruptcy proceedings.

H. Approach to Providing Services: Provide a description of the proposed approach to meet the objectives of the Services and any other relevant information about the

Services. Identify they key personnel and staff, including subconsultants, who will be directly engaged in the performance of the work under the Agreement; and outline the

Proposer's team's capacity to successfully perform the desired services and include the following:

1. Organization chart showing the proposed team composition.

2. Describe Proposer's approach to training and developing WCW's employees.

3. Describe Proposer's commitment to being onsite at WCW's facilities and its local presence, as required by the Scope of Services.

4. Describe Proposer's emergency response protocols, including the speed of its emergency response.

5. Identification of any and all of the services listed in the Scope of Services for which

Proposer intends to subcontract, including the intended subconsultant's name, location, key personnel, and their qualifications. A Proposer intending to use any subconsultants to perform Services must do so in accordance with the requirements of this RFP. Any and all subconsultants must be listed in the proposal and approved by WCW prior to contract award. The Consultant must have prior written approval by WCW if it intends to use additional subconsultant(s) that were not approved prior to contract award.

6. Describe Proposer's understanding of and approach to providing the Services under the on-call structure, including addressing the following:

a. TO Development and Procedures

Describe in detail the process by which Proposer will prepare a TO Proposal in response to a TO Proposal Request.

b. TO Management Plan and Procedures

Describe how Proposer will ensure that the quality of task management and work product, either from the firm or subconsultant, is within criteria set forth by WCW. Describe at a minimum the approach to TO quality, strategy development, data analysis, subconsultant management, quality control of deliverables, schedule, budget compliance, staff management, and invoice preparation.

I. Proposed Compensation (Form 3): All pricing, cost and rate information must be uploaded using the Cost Proposal Form, Form 3. Proposers must complete and submit a

Labor Rates Form for their firm and each proposed subconsultant. In the event that the execution of the contract is executed in a subsequent fiscal year from the fiscal year of the proposal submission, successful Proposer(s) may request WCW approval of an adjustment in the proposed labor rates for the new fiscal year, up to a 3.5% increase.

On an annual basis, no later than 60 days before the start of a succeeding Agreement year, the successful Proposer may, upon written request, adjust prospectively its labor rates. Increases in future labor rates shall be limited, if requested, to the most recent

Consumer Price Index for All Urban Consumers (CPI-U) for the San

Francisco/Oakland/Hayward, CA area available to WCW, or up to a maximum of 3.5 percent escalation, whichever is lower. The effective date of the CPI-U adjustment, if any, will commence the first day of the second and/or subsequent year(s) of the

Agreement. Upon written approval by WCW, the negotiated changes shall remain in effect for the subsequent Agreement year. If the successful Proposer does not submit a request at least 60 days before the start of the succeeding Agreement year, the successful Proposer waives any CPI-U increase for that year.

o Proposer must list all reasonably foreseeable personnel required in the performance of this work, except those considered as overhead. Proposer must identify the names, positions/titles, actual direct labor hourly rates, direct cost rates, exclusive of any burden or mark-ups for all proposed staff and subconsultant staff on the Cost

Proposal Form.

o Proposers must also use the Cost Proposal Form to submit Overhead Cost Rates for home office and WCW-furnished field office. In each case, Proposer must identify cost elements contained within its overhead rate pools or provide audit reports that provide this information. If it is Proposer’s normal practice to show employee fringe benefits as a separate overhead rate on direct labor, then such practice must be incorporated in the rates submitted. Proposer must submit a copy of its, and its proposed subconsultants, most recent audit reports (not older than 18 months) of

Proposer’s direct and indirect rates. The audit must have been conducted by the federal government, a certified public accountant, or independent auditor.

Proposers must identify the audit entity, contact name, phone number, and furnish copies of findings. Where audit reports are not available due to the size of a firm, other substantiation acceptable to WCW must be provided. WCW will have the final decision in deciding what is acceptable.

o Proposers must also use the Cost Proposal Form to submit proposed maximum fees

(profit) as a percentage of the overhead burdened direct cost for labor. A fee proposed by a subconsultant must not exceed that of the Proposer.

o Proposers must indicate on the Cost Proposal Form its reimbursable expenses for transportation and subsistence costs. Reimbursement for such costs will not exceed the rates as specified in the approved Cost Proposal Form.

Cost proposals/labor rates will remain sealed and confidential until opened in accordance with

Section 7.1.

J. Exceptions to Sample Agreement: Submittal of a proposal is deemed to be the

Proposer's acceptance of the terms set forth in this RFP and the Sample Agreement unless the Proposer includes with its proposal, in writing, any modifications requested to the RFP and/or Sample Agreement. Proposers may have the ability submit any such exceptions when responding to the proposal by clicking the Green "Draft Response"

Button on WCW's eProcurement Portal. No exceptions will be considered after the deadline for the submittal of proposals.

K. Insurance: Proposers must demonstrate their ability to obtain insurance coverage that meets the minimum requirements of this RFP, as evidenced by a letter, or a certificate, from an underwriter confirming that the Proposer can be insured for the required amounts.

L. Licenses and Certifications: List any relevant licenses and/or certifications and the name of the issuing entity. The Lead District Engineer and all engineers-of-record must hold a valid Professional Engineer (PE) license in the State of California.

M. Joint Venture (If Applicable): If the Proposer is a joint venture, an executed copy of the

Joint Venture Agreement must be included with the proposal. The organizational arrangement and specific areas of responsibility (including administrative, technical, and financial) for each member of the joint venture must be outlined.

4.2. Architectural and Engineering Cost Proposals/Labor Rates

Cost proposals/labor rates will remain sealed and confidential until opened in accordance with Section

7.1, Revised Proposals, Interviews and Negotiations.

4.3. Conflict of Interest

WCW has awarded contracts to four consultants for On-Call Engineering Services pursuant to 23-RFP-

013. The duties and services of these firms do not include preparing or assisting WCW with preparing any portion of this RFP or the resulting Agreement. WCW will at all times retain responsibility for public contracting, including for any TOs issued under the Agreement awarded pursuant to this RFP. Therefore, the four consultants awarded contracts for On-Call Engineering Services pursuant to 23-RFP-013 are not precluded from proposing for the Services under this RFP.

By submitting a proposal, the Proposer represents and warrants that no director, officer or employee of

WCW is in any manner interested directly or indirectly in the proposal or in the Agreement that may be made under it or in any expected profits to arise therefrom, as set out in California Government Code

§1090. The Proposer warrants and represents that it presently has no financial interest and agrees that it will not acquire any financial interest which would present a conflict of interest under California

Government Code §§ 1090 et seq. or §§ 87100 et seq. during the performance of Services under the

Agreement. The Proposer further covenants that it will not knowingly employ any person having such an interest in the performance of the Agreement. Violation of this provision may result in the Agreement being deemed void and unenforceable.

Proposer must provide a list in its proposal of its current contracts that involve work with WCW, including its relationship to WCW and a brief description of its work under the contract. Proposer must identify any potential conflicts that may compromise its delivery of unbiased work product.

The successful Proposer's duties and services under this Agreement do not include preparing or assisting

WCW with any portion of WCW's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with WCW. WCW will at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. The successful Proposer's participation in the planning, discussions, or drawing of project plans or specifications will be limited to conceptual, preliminary, or initial plans or specifications. The successful Proposer will cooperate with WCW to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by the successful Proposer for this project.

4.4. Levine Act

The Levine Act (Government Code Section 84308) is part of the California Political Reform Act of 1974.

The Levine Act prohibits any WCW Board Member from participating in or influencing the decision on awarding a contract with WCW to anyone who has contributed $500.00 or more to the Board Member within the previous twelve months. The Levine Act also requires a member of the WCW Board who has received such a contribution to disclose the contribution on the record of the proceeding. In addition, WCW Board Members are prohibited from soliciting or accepting a contribution from a party applying for a contract while the matter of awarding the contract is pending before WCW or for twelve months following the date a final decision concerning the contract has been made.

Proposer must complete and submit with their proposal the California Levine Act Statement, Form 4.

5. Solicitation Process

5.1. Solicitation Schedule

WCW intends to adhere to the solicitation schedule. However, the stated schedule may be amended at

WCW’s sole discretion.

5.2. Submission of Questions, and Requests for Clarification

All questions and RFCs related to this RFP must be submitted in writing via the OpenGov Procurement

Question/Answer Tab, on or before the date and time listed in the solicitation schedule.

5.3. Submission of Proposals

Proposers must submit their proposal by uploading to WCW's eProcurement Portal by the Proposal

Submission Deadline set forth in the solicitation schedule.

5.4. Cost of Proposal Development

This RFP does not commit WCW to enter into an Agreement, to pay any costs incurred in the preparation or presentation of a proposal, nor to procure or contract for any Services. The Proposer waives any claim against WCW for costs incurred in preparing a proposal and responding to this RFP.

5.5. Validity of Proposals

Submission of a proposal constitutes a firm offer to WCW for 180 days from the Proposal Submission

Deadline set forth in the solicitation schedule.

5.6. Withdrawal of Proposals

Proposers may withdraw their proposal via WCW's eProcurement Portal prior to the Proposal

Submission Deadline set forth in the solicitation schedule. The withdrawal of a proposal does not prejudice the right of a Proposer to submit another proposal by the Proposal Submission Deadline.

After the Proposal Submission Deadline, a proposal may be withdrawn only if WCW fails to award the

Agreement within the proposal validity period prescribed above in Section 5.5, Validity of Proposals, or any agreed-upon extension thereof.

5.7. Evaluation of Proposals and Selection Process

Proposals will be screened to ensure Proposers' responsiveness to the requirements of the RFP and its responsibility. A proposal will be considered responsive only if it complies in all material respects to the requirements of the RFP. WCW intends to award a contract to the highest ranked, most qualified, responsible Proposer that submits a responsive proposal for provision of the Services.

WCW may reject as non-responsive any proposal that does not include the required documents referenced herein. However, WCW reserves the right to request additional information and clarifications during the evaluation and selection process from any or all Proposers regarding their proposals.

5.8. Selection Committee

A Selection Committee ("Committee"), which will include members of staff and possibly one or more outside experts, will review the technical proposals submitted and rank them according to the weighted criteria of each category as set forth in the process below. WCW reserves the right to request additional information and clarifications during the evaluation and selection process from any or all Proposers regarding their proposals.

The Committee's composite scores for all steps of the evaluation process will comprise the official record for the proposal evaluation process; individual evaluation records will not be available for public inspection at any point during or after the evaluation process. By submitting a proposal, Proposers agree to be bound by these terms and will not later challenge said terms.

5.9. Technical Proposal Evaluation Process

The Proposers' technical proposal will be evaluated utilizing the criteria identified below. In ranking proposals, WCW will consider the proposal material submitted, oral interviews (if any are held) and any other relevant information about a given Proposer (i.e. references). WCW will not assume that a

Proposer possesses any capability unless such a capability is established by the submitted proposal.

Proposals will be evaluated using the Evaluation Criteria described in Section 6 and assigned points per criteria indicated in Section 6, Evaluation Criteria.

5.10. Interviews

Following the initial review and screening of technical proposals, one or more Proposers may be invited to participate in the next step of the selection process. This step may include the submission of additional information, as described in this RFP, and/or participation in an oral interview. If WCW conducts interviews, it will do so with those Proposers found to be within the “competitive range.”

Attendees at an interview should be restricted to those individuals who will have direct involvement with provision of the services. WCW expects that, at a minimum, the proposed Project Manager will attend the oral interview; other key personnel may also attend. Please refer to the solicitation schedule in the Invitation for tentative interview dates.

6. Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Qualifications and Experience

Prior experience history and qualifications of the Proposer, and the proposed team, in providing like services in a similar environment; record of completing work on schedule; strength and stability of the firm, as demonstrated by financial statements;

demonstrated communications quality and success; references, including WCW's prior experience with the Proposer; demonstrated depth experience in wastewater collection systems, wastewater process engineering, CIP development, and hydraulic modeling.

Points Based 40 (40% of Total)

2. Team Members

The professional, technical and managerial qualifications and experience of personnel named in the proposal, including the proposed

Lead Engineer; previous relevant experience which demonstrates capability to successfully manage work; years of experience; extent of experience applicable to this work; experience in key staff positions; experience in successfully managing work schedules and controlling costs; qualifications of principals and associates; team organization.

Points Based 30 (30% of Total)

3. Project Approach and Methodology

Approach to the Scope of Services as noted in

Part 3, Scope of Services; proposal demonstrates clear understanding of service requirements and addresses all proposal requirements adequately, including the required submissions; plan for staff training and development; commitment to frequent onsite presence; emergency response protocols, including speed of emergency response.

Points Based 30 (30% of Total)

7. Revised Proposals, Interviews and Negotiations

7.1. Revised Proposals, Interviews and Negotiations

WCW reserves the right to negotiate with any individuals or qualified firms, to request revised proposals, to visit the Proposers' site, to interview or not, or to request best and final offers (“BAFOs”) if it is in the best interest of WCW to do so. During this step, the Committee will evaluate Financial

Statements and Audit Reports submitted by Proposers in the competitive range. Upon completion of this step in the selection process, the Committee will re-rank the firms remaining in the competitive range, in accordance with the evaluation criteria set forth above.

WCW also reserves the right to further reduce the competitive range at any time during this step of the evaluation and selection process and WCW may hold simultaneous discussions with those Proposers that remain in the competitive range. Proposers who are no longer in the competitive range, and will therefore not continue to the final step of the selection and evaluation process, will be notified as soon as it is practicable.

WCW will open the cost proposal from the highest-ranked firm only and it may accept the proposal or negotiate the cost and exceptions taken to the Sample Agreement, if any. If negotiations are unsuccessful, WCW will terminate the negotiations with that firm and may initiate negotiations with the next highest ranked firm. If negotiations with this firm are also unsuccessful, WCW may repeat the negotiation process with the next highest ranked firm or, at its sole discretion, WCW may reject all remaining proposals. WCW, however, may award an Agreement without conducting interviews or negotiations.

7.2. Contract Award

The Committee will make a recommendation of award of contract, if any, to WCW’s Board of Directors, or designee. All Proposers will be notified of the recommended award in writing. No Agreement will be in force until a written authorization to proceed is issued by WCW.

The successful Proposer, to whom award is made, must execute a written Contract on WCW’s provided form as set forth in Attachment A, Sample Agreement, within 15 calendar days after Proposer receives the form of Agreement for execution.

7.3. Protest Procedures

1) Protests Based Upon Restrictive Specifications or Alleged Improprieties in the Solicitation

Procedure. Protests based upon restrictive specifications or alleged improprieties in the solicitation procedure which are apparent or reasonably should have been discovered by the proposer prior to the

Proposal Submission Deadline, must be filed, in writing, with Director of Administrative Services (with cc: to the Deputy General Manager) no later than five calendar days prior to the proposal submission deadline set forth in the solicitation schedule. The protest must comply with the following procedures:

1) include a complete statement of the basis for the protest, 2) state the facts and refer to the specific portions of the document or the specific statutes that form the basis for the protest, and 3) include the name, address, and telephone number of the person representing the protesting party.

WCW will review and respond to any timely protest based on restrictive specifications or alleged improprieties in the solicitation procedures with a written determination prior to the Proposal

Submission Deadline. This determination and original protest will be sent to the proposers who received a solicitation. WCW is not required to hold an administrative hearing to consider a timely protest, but may do so at the discretion of the General Manager.

2) Protests Based Upon the Recommendation for Contract Award. Protests based upon the recommendation for contract award must be submitted, in writing, to the Director of Administrative

Services (with cc: Deputy General Manager) no later than 5:00 p.m. on the fifth business day following the date of the recommendation of contract award. The protest must comply with the following procedures: 1) include a complete statement of the basis for the protest, 2) the written protest must state the facts and refer to the specific portions of the document or the specific statutes that form the basis for the protest, 3) the protest must include the name, address, and telephone number of the person representing the protesting party, 4) the party filing the protest must concurrently transmit a copy of the protest to the successful proposer, and 5) the party filing the protest must have submitted a proposal. A subcontractor of a party submitting a proposal may not submit a protest.

WCW will review and respond to any timely protests based on the recommendation of contract award with a written determination prior to formal award of the contract. WCW is not required to hold an administrative hearing to consider a timely protest, but may do so at the discretion of the General

Manager.

3) Failure to comply with all of the requirements of these protest procedures shall constitute a waiver of any right to further pursue the protest, including the filing of a challenge of the award pursuant to the

California Public Contract Code, the filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.

4) The protest procedures shall not limit WCW's right to reject any and all proposals.

7.4. Ex-Parte Communications

Proposers and Proposers’ representatives must communicate in the manner set forth in this RFP. All such communication must be directed to the authorized WCW personnel named in this RFP until after a

Notice of Award has been issued by WCW. There must be no communication with any officer, director, employee, or agent of WCW, except as may be reasonably necessary to carry out the procedures specified in this RFP.

Proposers and Proposers’ representatives may not communicate with WCW’s Board members except in writing and if the communication is made public. Nothing herein prohibits Proposers and their representatives from making oral statements or presentations in public to one or more representatives of WCW during a public meeting.

7.5. Confidentiality

A. Confidentiality and Waiver of Claims

1. The California Public Records Act (Cal. Govt. Code Sections 7920.000 et seq.) ("CPRA") mandates public access to government records. Therefore, unless the information is exempt from disclosure by law, the content of the proposal, as well as any other written communication between WCW and the Proposer, is a public record that must be made available to the public.

2. If the Proposer believes any communication contains information exempt from disclosure under the CPRA, including trade secrets or other proprietary information that the Proposer believes would cause substantial injury to the Proposer’s competitive position if disclosed, the Proposer must request that WCW withhold from disclosure the exempt information by submitting:

a. an unredacted copy of the proposal marking each page containing such exempt information as confidential; and

b. a redacted copy of the proposal that redacts the purportedly exempt information; and

c. a separate "confidentiality index including: the section and page number of the proposal where the information is located; and an explanation of why the information is exempt from disclosure under the CPRA.

3. If Proposer only submits an unredacted copy of the proposal, then by submitting the proposal, Proposer:

a. consents to the release of the unredacted version of the proposal; and

b. waives all claims against WCW, its directors, officers, employees and agents, for the disclosure of such information.

4. If Proposer submits an unredacted copy of the proposal, redacted copy of the proposal, and a separate confidentiality index, in accordance with Section 7.5(A)(2) of this RFP, then by submitting a proposal, Proposer:

a. consents to the release of the redacted version of the proposal; and

b. consents to the release of any portion of its proposal not included in the confidentiality index; and

c. waives all claims against WCW, its directors, officers, employees and agents, for the disclosure of such information.

5. If the Proposer does not include a confidentiality index in its proposal, WCW will have no obligation to withhold any information from disclosure and may release the information sought without liability to WCW.

6. In the event of conflicts between the redacted version, the confidentiality index, and confidentiality designations in the body of the proposal, the redacted version prevails.

7. A Proposer may not designate its entire proposal as confidential. WCW will not honor such designations and will disclose submittals so designated to the public without liability to

WCW.

B. Confidentiality Indemnity

1. Upon receipt of a request pursuant to the CPRA seeking proposal material relating to this

RFP, WCW may provide the redacted version of the proposal, or may withhold material designated in the confidentiality index that is exempt from disclosure. If WCW determines that information in the confidentiality index is not exempt from disclosure, WCW will give reasonable notice to the Proposer prior to releasing any material listed in the confidentiality index.

2. By submitting a proposal, Proposer agrees to indemnify, defend, and hold harmless WCW, its directors, officers, employees and agents, from any and against all damages (including but not limited to attorneys’ fees that may be awarded to the party requesting the Proposer information), and pay any and all cost and expenses, including attorneys' fees, related to the withholding of the information included in the confidentiality index or in the redacted version of the proposal. If Proposer fails to accept a tender of a defense, WCW reserves the right to resolve all claims at its sole discretion, without limiting any rights stated herein.

7.6. Waiver

By submitting a proposal, the Proposer represents and warrants that it has sufficiently informed itself in all matters affecting the performance of the Services or the furnishing of labor, supplies, material, or equipment called for in the Agreement; that Proposer has checked its proposal for errors and omissions;

that the prices stated in its proposal are correct and as intended by it and are a complete and correct statement of its prices for performing the Services or furnishing the labor, supplies, materials, or equipment required by the Agreement.

7.7. WCW's Rights

WCW reserves the right to cancel the procurement in whole or in part, at its sole discretion, at any time before the Agreement is fully executed and approved on behalf of WCW. This RFP does not commit

WCW to award an Agreement, to pay any costs incurred in the preparation of the proposal for this request, or to procure or contract for the Services. WCW reserves the right to modify or cancel in whole or in part this RFP, to reject any and all proposals, to accept the proposal it considers most favorable to

WCW’s interest in its sole discretion, and to waive irregularities or informalities in any proposal or in the proposal procedures. WCW further reserves the right to reject all proposals and seek new proposals when WCW considers such procedure to be in its best interest.

If there is any evidence indicating that two or more Proposers are in collusion to restrict competition or are otherwise engaged in anti-competitive practices, the proposals of all such Proposers shall be rejected, and such evidence may be a cause for disqualification of the participants in any future solicitations undertaken by WCW.

8. Contractual Requirements

8.1. Agreement

The selected Proposer for the provision of the Services will be required to execute an Agreement with

WCW describing the Scope of Services to be performed, compensation, insurance requirements, and other pertinent provisions. This agreement must follow the Sample Agreement.

All Proposers are directed to review all of the terms and conditions set forth in the Sample Agreement, particularly the indemnification and insurance requirements.

Submittal of a proposal must be deemed acceptance of all of the terms set forth in this RFP and the

Sample Agreement unless the Proposer(s) includes with its proposal, in writing, any modifications requested to the RFP and/or Sample Agreement.

All requests for exceptions must be submitted through WCW's eProcurement Portal, separately identified, and delineated for each task, or other item, and must be submitted with each proposal.

Proposers will have the ability submit any said exceptions when responding to the proposal when clicking the Green "Draft Response" Button. WCW reserves the right to request further clarification of any requested exception during negotiations and to exclude unacceptable exception(s). No exceptions may be requested after the deadline for the submittal of proposals.

8.2. Insurance and Indemnification Requirements

Proposers are instructed to carefully review the indemnification and insurance provisions set forth in the

Sample Agreement in the attachments section, and provide evidence of Proposer’s acceptance and ability to comply. Proposers must submit evidence of ability to provide insurance and meet the stated insurance requirements of WCW. Said evidence will be in the form of a current Certificate of Liability

Insurance or a letter from Proposer’s insurance agent or broker certifying that such insurance requirements can be obtained. If the certificate does not cover the requirements as specified in Sample

Agreement, verification of availability of required insurance must otherwise be provided.

9. Proposal Content Checklist

9.1. Proposal Cover Form*

Upload the completed Proposal Cover Form, Form 1.

*Response required

9.2. Technical Proposal*

Please upload your proposal including all required contents in a…