REQUEST FOR PROPOSAL (RFP)

26-RFP-035

SECONDARY SEDIMENTATION BASINS UPGRADE - FLIGHTS &

CHAINS PURCHASE, DELIVERY & INSTALLATION SUPPORT

West County Wastewater

2910 Hilltop Drive

Richmond, CA 94806

RELEASE DATE: August 18, 2026

DEADLINE FOR QUESTIONS: August 25, 2026

RESPONSE DEADLINE: September 8, 2026, 3:00 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)

Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support

1. Notice Inviting Proposals

2. Instructions to Proposers

3. Scope of Work

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 Goods and Services Agreement

B - Form 1, Proposal Cover Form

C - Form 2, Reference Form

D - Form 3, Price Proposal Form

E - Form 4, Levine Act Statement

F - Final Chains & Flights Equipment Procurement Documents

Request for Proposal (RFP) #26-RFP-035 Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support

1. Notice Inviting Proposals

1.1. Summary

Notice Inviting Proposals

West County Wastewater District ("WCW") is seeking proposals from qualified vendors to Furnish all labor, equipment, materials and services necessary to design, fabricate, test and deliver two sets of chain and flight clarifier equipment including motors, control panels, and associated appurtenances for a complete chain and flight system, as specified for the construction of West County Wastewater Project No #24PP505, Chain and

Flight Equipment Procurement Project in conformance with the approved Contract Documents (the

"Project"). ("Goods"), as further detailed in Section 3, Scope of Work and Attachment F, Final Chain & Flight

Equipment Procurement Document. The delivery of the goods and installation/commissioning support services are collectively referred to as the "Work" If approved by WCW's Board of Directors, or designee, the successful Proposer will execute a Purchase Order in the form of Attachment A.

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, "Secondary Sedimentation Basins Upgrade - Flights &

Chains Purchase, Delivery & Installation Support", 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.

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.

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support

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

Mohammed Masoud

Project Manager

Email: mmasoud@wcwd.org

Phone: (510) 407-9563

Department:

Infrastructure and Planning

1.4. Timeline

RFP Issued August 18, 2026

Questions and Requests for Approved

Equals Due

August 25, 2026, 3:00pm

WCW's Response to Questions/Requests for Approved Equals

September 1, 2026, 3:00pm

Proposal Submission Deadline September 8, 2026, 3:00pm

Interviews (if required) September 9, 2026

Vendor Selection Date (tentative) September 10, 2026 mailto:mmasoud@wcwd.org tel:(510)407-9563

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support

2. Instructions to Proposers

2.1. eProcurement Portal Registration

WCW will receive proposals from vendors for Secondary Sedimentation Basins Upgrade - Flights &

Chains Purchase, Delivery & Installation Support 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, Requests for Approved Equals, 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.

In order to establish a basis of quality, certain materials, processes, type of machinery and equipment, or kinds of materials may be specified on the plans or herein, either by description of process, or by designating a manufacturer by name, or by referring to a brand of product designation, or by specifying a kind of material. It is not the intent of this RFP to exclude other processes, equipment, or materials of equal value, utility, or merit, which are approved by WCW.

Identification of a specific brand name or specific types of components and/or equipment in these specifications will not relieve the Proposer from its responsibility to furnish the end product in accordance with the warranty and contractual requirements. The Proposer is responsible for notifying

WCW of any inappropriate brand names, or types of components and/or equipment that may be called for in this RFP, and to propose a suitable substitute for consideration. Unless otherwise specifically provided in the RFP, reference to any equipment, material, article or patented process by trade name, make or catalog number will be regarded as establishing a standard of quality and will not be construed as limiting competition. A Proposer may, at its option, use any equipment, material, article, or process which, in the judgment of WCW, is equal to that identified. To do so, a Proposer will furnish, at its own expense, all test results, technical data and background information required by WCW in making the determination as to whether the proposed equipment, material or article or process, in the judgment of

WCW, is equal to that designated.

Requests for Approved Equals must be submitted to WCW's e-Procurement Portal by no later than the date and time listed in the Solicitation Schedule.

Any Request for Approved Equal must be fully supported with technical data, test results, or other pertinent information as evidence that the substitute offered is equal to or better than the specification requirement. In addition, any test requirements in the specifications that pertain to an item under consideration for Approved Equal must be submitted with the Request for Approved Equal. Safety Data

Sheets ("SDS") in searchable approved Occupational Safety and Health Administration (OSHA) format must accompany all products submitted for review under this provision, if applicable.

https://procurement.opengov.com/signup

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support

WCW will be the sole judge as to the comparative quality and suitability of alternative equipment, articles, material or process, and its decision will be final. The submission of a proposal following a

“denial” response from WCW to any Request for Approved Equal, will constitute a Proposer’s acknowledgment and acceptance of all specifications contained in the RFP.

Failure of WCW to respond within the time limit will be deemed to be a denial of the request. In the event that a request for an approved equal is granted, an addendum detailing the approved equal is provided via WCW's e-Procurement Portal. Proposers that accessed the RFP will be notified of the issuance of any addenda.

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 via

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.

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support

3. Scope of Work

The following Scope of Work outlines the Goods to be provided by the successful Proposer.

3.1. Description of Work

The selected vendor shall be responsible for the following:

• Obtaining all permits and providing all necessary materials, supplies, equipment, services and personnel, to adequately carry out or complete the Project.

• Supply of complete submittal for chain and flight equipment associated with Sedimentation

Basins (SSB’s) 1 and 2.

• Supply of chain and flight clarifier equipment per the requirements of Attachment F Chain &

Flight Equipment Procurement Document, including the motors, control panels, and all other required systems and components associated with a complete chain & flight system for SSB 1 and 2.

• The delivery of the various systems, installation assistance, site start-up and commissioning assistance, taxes, training, warranties, and all other elements per the drawings and specifications.

• All other Work as shown and specified in this RFP.

• All Work must conform with the technical specifications and drawings in Attachment, F, Chain &

Flight Equipment Procurement Document.

3.2. Delivery of Goods

Delivery Location and Schedule.

The Vendor shall furnish, package, transport, and deliver the Goods F.O.B. Destination to WCW at 2377

Garden Tract Road, Richmond, CA 94801. Delivery shall be made [Monday through Friday [JV1] between

09:00 am and 05:00 pm. The Vendor shall coordinate all delivery activities with WCW and shall provide

WCW with a minimum of 14 calendar days advance written notice prior to shipment of the Goods and at least 72 hours notice prior to delivery of the Goods.

Vendor Responsibilities.

The Vendor is responsible for packaging and protecting the Goods from damage during shipment, unloading, storage, and handling. The Goods delivered must be suitable for inspection and installation, in accordance with the requirements of this Agreement. The Vendor must provide packing lists, bills of lading, shipping documentation, and equipment identification tags for all delivered items.

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support

Delivery Inspection and Acceptance.

Upon delivery of the Goods to WCW, WCW and the Vendor will jointly inspect the Goods to verify completeness and identify any visible damage or deficiencies. If the shipment is complete and the

Parties do not identify any visible damage or deficiencies in the Goods, WCW may provide written confirmation of its acceptance of the delivery of the Goods ("Delivery Acceptance"). If, upon the delivery inspection, any Goods are found to be missing, damaged, defective, or otherwise nonconforming, the

Vendor will promptly replace the missing Goods at no cost to WCW. Issuance of Delivery Acceptance by

WCW shall not relieve the Vendor of responsibility for latent defects, shipping damage not readily apparent during delivery inspection, warranty obligations, or compliance with other Agreement requirements.

Storage Recommendation.

Prior to shipment of the Goods, the Vendor shall provide a written recommendation for storage, handling, lifting, environmental protection, and preservation of all Goods delivered to WCW, including any special storage conditions for the Goods.

3.3. Field Service for Equipment Handover

The selected Vendor shall provide qualified factory-trained personnel to perform an on-site equipment handover to WCW's designated installation contractor for the replacement of the Goods for Secondary

Sedimentation Basins 1 & 2 at the West County Wastewater District Water Quality Resource Recovery

Plant (WQRRP), Richmond, California.

In addition to the obligations in Attachment F Chains & Flights Procurement Document, the Vendor's responsibilities shall include but not limited to:

Delivery Verification and Inspection o Attend the project site following delivery of the equipment.

o Verify that all supplied equipment, components, hardware, accessories, and documentation have been received in good condition and are complete in accordance with the approved submittals and bill of materials.

o Identify any missing, damaged, or nonconforming items and provide recommendations for corrective actions.

Equipment Handover o Conduct a formal handover of the supplied equipment to WCW's selected installation contractor.

o Review storage, handling, lifting, and protection requirements to ensure proper preservation of the equipment prior to installation.

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support o Provide guidance regarding identification and organization of parts, chains, flights, sprockets, shafts, wear strips, hardware, and any other system components.

Pre-Installation Meeting o Participate in a pre-installation meeting with WCW staff, the Engineer (if applicable), and the installation contractor.

o Review installation requirements, recommended installation sequence, tolerances, alignment requirements, safety considerations, and manufacturer recommendations.

o Address questions regarding installation procedures and system configuration.

3.4. Installation Support Services

The Vendor shall provide technical support during installation of the Goods by WCW's selected installation contractor. In addition to the obligations in Attachment F, Chains & Flights Equipment

Procurement Document, the Vendor's support services shall include but are not limited to:

A. On-Site Technical Assistance o Provide qualified factory-authorized technical representatives to visit the site as required during key stages of installation.

o Observe installation activities and provide recommendations to help ensure the equipment is installed in accordance with the manufacturer's requirements and accepted industry practices.

A. Installation Review o Review alignment, chain tensioning, flight installation, sprocket installation, tracking, wear surfaces, and other critical installation parameters.

o Identify any observed installation issues and provide written recommendations for corrective actions.

B. Remote Support o Provide telephone, email, and virtual technical support throughout the installation period at no additional cost to WCW.

o Respond to requests for technical assistance within one (1) business day.

C. Field Service Reports o Following each site visit, provide a written field service report documenting observations, recommendations, deficiencies identified, and corrective actions required.

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support

3.5. Commissioning And Final Acceptance of Work

Upon completion of installation, the Vendor shall provide commissioning support services, including field services to support startup and operational verification of the flights and chain system. In addition to the obligation in Attachment F, Chains & Flights Equipment Procurement Document, the Vendor's commissioning, startup and operational support services will include, but not limited to:

• Verification that the installation generally conforms to the manufacturer's requirements.

• Assistance with chain tension adjustment, alignment verification, tracking inspection, and operational checks.

• Observation of initial system operation and confirmation that the equipment is operating as intended.

• Training of WCW operations and maintenance personnel regarding routine operation, inspection, adjustment, maintenance, and troubleshooting procedures.

• Submission of a final field service report summarizing startup activities and recommendations.

Upon conclusion of the commissioning activities, WCW may issue Final Acceptance of the Work in accordance with the Agreement.

3.6. Warranty Requirements

Warranty of Goods.

• The Vendor shall furnish WCW with its standard and manufacturer warranties on defects in workmanship and material applicable to the Goods furnished hereunder. All warranties express or implied, shall commence upon Final Acceptance of the Installation work by WCW's appointed installation contractor and shall continue for 24 months. All items delivered to WCW are to be the latest, most current model available. All necessary repairs, renewals, changes, adjustments or modifications due to defective materials or workmanship occurring within the manufacturer’s standard warranty period shall immediately be corrected by the Vendor at its expense and with a minimum of inconvenience to WCW. Any Goods repaired or replaced under warranty shall be warranted for an additional 12 months from the date of repair or replacement, or for the remainder of the original warranty period, whichever is longer.

• Vendor hereby warrants that all Goods, materials, components, and accessories furnished shall meet the requirements and conditions of the Scope of Work; are new and of good quality; shall be fit for the purposes intended and fulfill its design functions; be free of all patent and latent defects in design, materials, and workmanship; and perform satisfactorily. It is understood and agreed that by acceptance of this warranty and the acceptance of Goods, materials, or supplies to be manufactured or assembled pursuant to the Scope of Work, WCW does not waive any warranty, either expressed or implied, in Sections 2312 to 2317, inclusive, of the Commercial

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support

Code of the State of California or any products liability of the Vendor as determined by any applicable decision of a court of the State of California or of the United States.

• Vendor hereby warrants that the Goods have been manufactured in accordance with industry standards and the manufacturer's specifications.

• Vendor hereby warrants that the flights and chains system will operate safety and reliably under the operations conditions of Secondary Sedimentation Basins No. 1 and No. 2 when properly installed and operated in accordance with the manufacturer's recommendations.

• Vendor shall warrant to WCW, its successors and assigns, that the title to the Goods, upon passing to WCW, or to its successors or assigns, is free from all liens and encumbrances.

• The warranty in this Section will cover the Goods and all of its components and parts, including, but not limited to: chains, flights, sprockets, shafts, bearings, wear strips, corner wheels and return rollers, attachments and hardware, fasteners, coating and corrosion protection systems, and any other components provided as part of the chain and flight system.

Warranty of Services.

Vendor warrants that its services will be performed in accordance with the standards of practices of comparable specialized equipment delivery and installation support firms at the time the services are rendered. In addition, Vendor will provide such specific warranties as may be set forth in Exhibits A and

B, as agreed upon by the Parties.

Warranty Remedies.

In the event that any Goods or Work provided by the Vendor hereunder are deficient because of

Vendor's or subcontractor's failure to perform said Work in accordance with the warranty standards set forth in this Section 7, WCW will report such deficiencies in writing to the Vendor within a reasonable time. WCW thereafter will have:

i. The right to have Vendor re-perform such Work at the Vendor's expense;

ii. The right to have such Work done by others and the costs thereof charged to and collected from the Vendor if, within 30 days after written notice to the Vendor requiring such re-performance, Vendor fails to give satisfactory evidence to WCW that it has undertaken said re-performance; or

iii. The right to terminate the Agreement for default.

iv. The Vendor shall respond to warranty claims within two business days and provide a corrective action plan within five business days after WCW's notification. Vendor will be responsible for all errors and omissions and is expected to pay for the reperformance of any Work as a result of errors and omissions.

Warranty Documentation.

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support

Prior to shipment of the Goods, the Vendor shall provide WCW with the following warranty documentation: written warranty certificate; Manufacturer's warranty terms and conditions; contact information for warranty service; and Vendor's recommended maintenance requirements necessary to maintain warranty coverage.

Survival.

This above requirements survive the termination or expiration of the Agreement.

3.7. Delivery Milestones

ilestone Description Required Completion Date

1 Contract Award / Notice to Proceed

(Estimated)

To Be Determined

2 Submission of Shop Drawings and Product Data Within thirty (30) calendar days of

Notice to Proceed

3 WCW Review and Approval of Submittals Within 15 calendar days of receipt of submission.

4 Delivery of Flights and Chains Equipment for

Secondary Sedimentation Basin No. 1 (SSB-01) to WQRRP

January 25, 2027

5 On-Site Equipment Handover Meeting for SSB-

Within fourteen (14) calendar days following delivery, or as coordinated with WCW

6 Delivery of Flights and Chains Equipment for

Secondary Sedimentation Basin No. 2 (SSB-02) to WQRRP

June 25, 2027

7 On-Site Equipment Handover Meeting for SSB-

Within fourteen (14) calendar days following delivery, or as coordinated with WCW

8 Installation Support Services As requested by WCW during installation activities

9 Startup and Commissioning Support Upon completion of installation and prior to final acceptance

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support

The Vendor shall plan manufacturing and procurement activities to ensure that all equipment and materials associated with SSB-01 are delivered to the designated location at the WQRRP no later than

January 25, 2027, and all equipment and materials associated with SSB-02 are delivered no later than

June 25, 2027.

3.8. Payment Terms

The following are the payment terms which are going to be followed:

Payment Milestone Percentage

WCW Approval of Shop Drawings and Submittals 10%

Delivery of SSB-01 Equipment 30%

Delivery of SSB-02 Equipment 30%

Completion of Equipment Handover and Installation Support 10%

Final Acceptance of Work 20%

Total 100%

3.9. Precedence Over Attachment F for Delivery, Payment, and Bid Item Provisions

Sections 3.7 (Delivery Milestones) and 3.8 (Payment Terms) of this RFP, and the corresponding provisions of the Agreement, establish the delivery and payment schedules applicable to this Project.

Sections 1.2 (Milestone Schedule) and 1.3 (Payment Schedule) of Attachment F, Chain and Flight

Equipment Procurement Documents, do not apply to this Project and are superseded by Sections 3.5 and 3.6 of this RFP. Additionally, Proposers are instructed to disregard the bid items in Sections 1.4-1.6 of Section 01 29 76 of Attachment F, and instead base their proposals on the items listed in Form 3, Cost

Proposal Form.

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support

4. Proposal Contents and Requirements

4.1. Proposal Content

Submission of a proposal indicates acceptance by a vendor of the conditions contained in this RFP unless clearly and specifically noted in the proposal submitted and confirmed in the Purchase Order between

WCW and the vendor selected.

Proposals must have a consistent font type and size of text; and must be limited to 100 or less letter-size pages, single space, single column, excluding Proposal Cover Form, Letter of Introduction, Table of

Contents, 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 vendor and summarize its qualifications.

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, each Proposer must provide information about its company so that WCW can evaluate the vendor'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 specialized equipment delivery and installation support services;

2. Be capable of providing the desired Goods and performing the Work as delineated in the

Scope of Work, substantially with its own staff;

3. Have knowledge and understanding of applicable regulations and codes and be familiar with local conditions relating to the production and delivery of the Goods; and

4. Have appropriate professional licenses required to produce and deliver the Goods and perform the Work.

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support

The proposal must include a description of the vendor's qualifications to provide the Goods and perform the work, the experience of the vendor, and recently contracts for goods that are similar in nature to the

Goods.

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

F. 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.

G. Project Approach and Methodology

1. Describe the proposed approach to meet the objectives of the Work, including the delivery schedule, and any other relevant information about the proposed Goods and management of the contract.

2. Identify any and all of the Work for which Proposer intends to subcontract. A Proposer intending to use any subcontractors to perform work must do so in accordance with the requirements of the Agreement. Any and all subcontractors must be identified in the proposal for approval by WCW prior to contract award. The Proposer must obtain written approval by WCW if it intends to use additional subcontractors that were not approved prior to contract award.

3. Describe how Proposer will manage WCW's Agreement and its ability to provide the Goods outlined in this RFP, including any training if necessary. The Proposer must demonstrate a high level of expertise in production and delivery of the Goods. Identify the Proposer's team and reporting responsibilities..

4. Briefly describe Proposer’s accounting system and cite its experience with public agency contracts. Describe the financial controls in place to ensure high quality invoices and reports. Describe the reporting structure and roles and responsibilities of staff working in the accounting department.

5. Provide copies of the applicable warranties, including manufacturers warranties, for the

Goods.

6. Describe Proposer's service day requirements, including:

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support

• The number of site visits included.

• The duration of each site visit.

• Availability and response times for technical support.

H. Proposed Compensation (Form 3): All pricing information must be uploaded using the Price

Proposal Form.Form 3. Proposers are instructed to include a lump sum price for each payment milestone, any additional daily rates for field service personnel, and the proposed travel, lodging, and miscellaneous expenses.

I. Proposed Project Timeline: Specify an approximate project timeline.

H. preliminary project schedule identifying:

▪ Submittal preparation and review periods.

▪ Manufacturing lead times.

▪ Major fabrication milestones.

▪ Planned Shipment Date.

▪ Estimated delivery dates for SSB-01 and SSB-02 (no later than the delivery dates specified in the Scope of Work).

▪ Field service and handover activities, in accordance with the Scope of Work.

▪ Startup and commissioning support activities, in accordance with the Scope of Work.

Proposals demonstrating a high degree of confidence in meeting or exceeding the required delivery milestones, supported by realistic schedules and relevant experience, may receive higher scores.

H. Exceptions to Agreement: Submittal of a proposal is deemed to be the Proposer's acceptance of the terms set forth in this RFP and the Agreement unless the Proposer includes with its proposal, in writing, any modifications requested to the RFP and/or 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, OpenGov Procurement. No exceptions will be considered after the deadline for the submittal of proposals.

I. 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.

J. Licenses and Certifications: List any relevant licenses and/or certifications and the name of the issuing entity.

K. 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

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support specific areas of responsibility (including administrative, technical, and financial) for each member of the joint venture must be outlined.

4.2. Conflict of Interest

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 Work 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.

4.3. 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.

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support

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 Approved Equals

All questions and Requests for Approved Equals related to this RFP must be submitted in writing via

WCW's eProcurement Portal 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 a Agreement, to pay any costs incurred in the preparation or presentation of a proposal, nor to procure or contract for any Goods. 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 Goods.

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 https://procurement.opengov.com/portal/wcwd

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support 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. Proposal Evaluation Process

The Proposers' 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 below and assigned points per criteria as indicated in Section 6, Evaluation Criteria.

5.10. Interviews

Following the initial review and screening of 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.

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support

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 work in a similar environment;

record of delivering the goods on schedule;

strength and stability of the vendor, as demonstrated by financial statements;

demonstrated communications quality and success; references, including WCW's prior experience with the Proposer.

Points Based 20 (20% of Total)

2. Project Approach and Methodology

Approach to the Scope of Work as noted in

Part 3, Scope of Work; description of how

Proposer will manage WCW's Agreement and its ability to provide the Goods outlined in this

RFP, including meeting the delivery schedule;

Proposer's team and reporting responsibilities;

Proposers accounting system.

Points Based 20 (20% of Total)

3. Reasonableness of Proposed Prices

This portion of the proposal will be evaluated based on reasonableness of the proposed Price

Proposal Form as submitted on the Price

Proposal Form, Form 3.

Prices will be compared to prices WCW or other comparable public agencies have paid for similar Goods, and in accordance with what is considered to be the industry’s standard and customary prices for the Work. Proposed costs will also be compared to any independent cost estimates.

Points Based 30 (30% of Total)

4. Commitment to Delivery Milestones

Proposals demonstrating a high degree of confidence in meeting or exceeding the required delivery milestones, supported by realistic schedules and relevant experience, may receive higher scores.

Points Based 30 (30% of Total)

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support

7. Revised Proposals, Interviews and Negotiations

7.1. Revised Proposals, Interviews and Negotiations

WCW reserves the right to negotiate with any individual(s) or qualified vendor(s), to request revised proposals, to visit the Proposer(s)' site(s), 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 vendors 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 may accept the proposal, or may negotiate with the highest-ranked vendors, the terms and conditions of the Agreement and/or the vendor's price proposal. At this time, WCW may elect to request revised proposals and/or BAFOs from all of the vendor(s) remaining in the competitive range. At its sole discretion, WCW may also reject all proposals. WCW also may award a 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 Agreement on WCW’s provided form as set forth in Attachment A 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

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support 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.

Title: Secondary Sedimentation Basins Upgrade - Flights & Chains Purchase, Delivery & Installation Support

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…