Congestion_Relief_Alternative_for_SR99.pdf

REQUEST FOR PROPOSAL

2026-RFP-009

CONGESTION RELIEF ALTERNATIVE FOR SR99

RELEASE DATE: April 16, 2026

DEADLINE FOR QUESTIONS: April 29, 2026

RESPONSE DEADLINE: June 3, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/sjcog https://secure.procurenow.com/portal/%7bproject.government.code%7d

San Joaquin Council of Governments

REQUEST FOR PROPOSAL

Congestion Relief Alternative for SR99

I. Notification II. Introduction

III. Scope of Work IV. Proposal Submittal Format and Content:

V. Instructions to Firms

VI. Selection Process/Contract Award VII. Standard Terms and Conditions

VIII. Bid Protest IX. Vendor Submission

Attachments:

A - ATTACHMENT A- Ripon Circulation Memo 2020-12-20

B - ATTACHMENT B - Evaluation Criteria

C - ATTACHMENT C - Federal Provision.

D - ATTACHMENT D - Federal Forms.

Request For Proposal 2026-RFP-009 Title: Congestion Relief Alternative for SR99

1. Notification

To: All Interested Firms

From: Ryan Niblock, Programming and Project Management

Date: Thursday, April 16, 2026

Subject: Congestion Relief Alternative for SR99

San Joaquin Council of Governments (SJCOG) Request for Proposals (RFP) to evaluate Near-, Mid- and

Long-Term Congestion Relief Alternatives for State Route 120 and SR 99 that will alleviate Cut-Through

Traffic in the City of Ripon

Firms interested in providing the services described in the enclosed RFP must submit a proposal by

Wednesday, June 3, 2026 at 2:00 pm to the Council's e-Procurement Portal.

Bidders shall submit all inquiries regarding this bid via email to Gwen Owens at Owens@sjcog.org.

Please note the deadline for submitting inquiries. All answers to inquiries will be posted on SJCOG e-

Procurement Portal. Bidders are encouraged to click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the bidder to check the website for answers to inquiries.

2. Introduction

2.1. Summary

SJCOG, in partnership with the City of Ripon, San Joaquin County, Stanislaus County, and California

Department of Transportation (Caltrans), is soliciting proposals from qualified consulting firms to evaluate and develop implementable near-, mid- and long-term solutions to address recurring cut-through traffic congestion in the City of Ripon. This congestion is caused by vehicles exiting the state highway system to bypass congestion on SR 99 and SR 120.

Significant congestion on SR 120 and SR 99, combined with the widespread use of navigation applications such as Waze and Google Maps, routinely diverts regional commuter traffic through the

City of Ripon. As traffic is dynamically routed to the fastest available path, local streets are increasingly used as cut-through routes. The local streets were not designed to accommodate sustained regional traffic volumes, resulting in localized congestion and community impacts.

Mark Thomas was previously retained to evaluate near-term mitigation measures, Attachment A;

however, as documented in prior studies, those measures were not well suited to addressing ongoing commuter diversion. Also, a persistent challenge with any localized mitigation strategy is that it may provide temporary relief in one location by merely shifting traffic issues to other locations.

This RFP seeks to identify solutions that are practical, effective, and capable of advancing toward implementation.

mailto:Owens@sjcog.org

The study will begin after the completion of the SR 99/120 Connector Project Phase 1A, which is anticipated to be completed in summer 2026.

This study will address congestion relief strategies across multiple time horizons:

o Near-term (0–2 years) o Mid-term (2–7 years) o Long-term (beyond 7 years)

A key alternative requiring particular emphasis is the evaluation of a regional transportation bypass that would provide an alternative route for through-traffic, particularly long-distance commuters and freight movement. This bypass would allow vehicles to avoid the most congested segment of SR 99 between

Austin Road interchange in Manteca and Main Street interchange in Ripon.

The conceptual regional transportation bypass includes the following corridor alignment:

• A new SR 99 interchange, developed in coordination with the City of Manteca, located between the Jack Tone Interchange and the SR99/120 Interchange.

• The City of Ripon’s proposed Ripon Olive Avenue Expressway, which would allow southbound travel to a proposed Stanislaus River crossing. The Olive Avenue Expressway is included in the

City of Ripon’s General Plan and currently located within unincorporated San Joaquin County.

• An extension of the bypass corridor through Stanislaus County to reconnect with SR 99. No planning has been conducted to date for this portion of the corridor.

While the Olive Avenue Expressway is identified as a key long-term component of the City of Ripon’s

General Plan, the study must examine alternative or complementary strategies, with the Olive Avenue

Expressway bypass as an essential lynchpin that can provide meaningful congestion relief within each time horizon previously identified. The study must also include evaluation of a corridor solution for travel over the Stanislaus River and potential impacts to key roadways in Stanislaus County.

While this RFP presents a generalized scope, proposing firms are encouraged to propose innovative, creative, and/or alternative approaches if there is a “better way” to examine the problem and develop solutions.

The selected consultant will enter into a contract with SJCOG. An example contract is provided as

Attachment B.

2.2. Background

SR 99 and SR 120 are critical regional corridors serving commuters, goods movement, and local traffic. Over the past several years, increasing traffic volumes have resulted in recurring congestion during peak travel periods. When congestion occurs on SR 99 and SR 120, many drivers rely on navigation applications or local knowledge to seek alternate routes. As a result, traffic diverts from the state highway system onto local streets within Ripon. These local roadways were not designed to accommodate high volumes of regional cut-through traffic. The resulting impacts to the City of Ripon include:

o Longer emergency response times o Reduced safety for pedestrians, bicyclists and local drivers o Increased law enforcement demands for traffic control and vehicle code enforcement o Accelerated roadway wear and maintenance needs o Increased noise and air pollution in residential neighborhoods

Caltrans does not currently have plans to address this congestion through capacity-increasing improvements on the mainline system. As a result, the issue is being addressed by regional and local partners, with SJCOG taking a lead role while coordinating with Caltrans.

SJCOG is leading the 99/120 Interchange Project, which is being delivered in phases. The first phase termed Phase 1A is currently under construction and is anticipated to be completed in summer

2026. Phase 1A includes:

• Replacement of the Austin Road overcrossing

• Widening SR120 connector ramp to southbound SR99

• Improvements to local streets

Despite these improvements, congestion on the state highway system - and the resulting cut-through traffic through Ripon - is expected to persist.

In 2020, Mark Thomas prepared the Regional Cut-Through Mitigation Memo, which identified 12 potential measures ranging from signal timing modifications to auxiliary lanes and bridge widening.

While some measures can be implemented locally with minimal impact, larger-scale solutions require regional coordination with Caltrans. Even then, long-term benefits are constrained by right-of-way limitations along SR 99.

The City of Ripon’s General Plan identifies the Olive Avenue Expressway interchange with SR 99, a future expressway, and an ultimate Stanislaus River crossing into an adjacent county as the long-term solution to relieve regional cut-through traffic. This planned facility is intended to function as a regional bypass and reduce congestion on local streets.

As stated previously, the study will commence following completion of the SR 99/120 Phase 1A construction. The exact time (to start the study) will be submitted by the consultant (within the proposal) based upon their recommendation on the best time to gather the traffic data.

2.3. Contact Information

Gwen Owens

Manager

555E Weber Street

Stockton, CA 95202-2804

Email: owens@sjcog.org

Phone: (209) 674-3489 mailto:owens@sjcog.org tel:(209)674-3489

Department:

Programming and Project Management

Department Head:

Ryan Niblock

Deputy Director

2.4. Timeline

Release Date April 16, 2026

Question Submission Deadline April 29, 2026, 5:00pm

Pre-Proposal Meeting (Non-Mandatory) May 7, 2026, 3:30pm

Join Zoom Meeting https://sjcog.zoom.us/j/84524441455pwd=0bxuf1

VfXgCIs41sjqZYEVImrDbGJS.1

Meeting ID: 845 2444 1455

Passcode: 462238

Responses provided May 11, 2026

Proposal Submission Deadline June 3, 2026, 2:00pm

Contract Execution August 2026

3. Scope of Work

3.1. Study Purpose and Objectives

The purpose of this study is to identify, evaluate, and advance congestion relief solutions that meaningfully mitigate cut-through traffic in the City of Ripon that are feasible, implementable, and scalable across near-, mid-, and long-term horizons. The participating agencies seek a consultant team that can translate analysis and innovative ideas into actionable outcomes and position the region for future funding opportunities. Solutions that simply transfer cut-through traffic issues to another location are not acceptable. Any proposed solution must avoid causing impacts to other unincorporated residential communities or cities within San Joaquin or Stanislaus counties.

Consultants are encouraged to propose innovative and nontraditional approaches that go beyond conventional traffic management strategies, provided they are practical and implementable within the identified timeframes. Consultants can integrate this as part of the scope of work or propose the innovation as an “add on” to the traditional scope of work as an option to choose.

https://sjcog.zoom.us/j/84524441455pwd=0bxuf1VfXgCIs41sjqZYEVImrDbGJS.1 https://sjcog.zoom.us/j/84524441455pwd=0bxuf1VfXgCIs41sjqZYEVImrDbGJS.1

3.2. Scope of Work

The scope shall include, but not be limited to, the following tasks:

a. Project Initiation and Coordination

i. Kickoff meeting and ongoing coordination with SJCOG, City of Ripon, Caltrans, San Joaquin

County, and Stanislaus County.

ii. Regular progress meetings and monthly status reports.

b. Existing Conditions Review

i. Review of prior studies, including the 2020 Regional Cut-Through Mitigation Memo and the

Ripon General Plan Circulation Element.

ii. Collection and analysis of updated traffic data following completion of SR 99/120 Phase 1A construction. All traffic data collection shall occur only after Phase 1A construction is complete

(anticipated summer 2026) and after school is back in session to ensure representative weekday traffic conditions.

ii. Site reconnaissance of Main Street, Olive Avenue, West Ripon Road, and relevant regional corridors.

iv. Use Big Data to evaluate the origin and destination of traffic cutting through the City of Ripon to identify suitable alternatives that reduce reliance on Ripon as a cut-through route.

c. Development of Interim Improvements (Near- and Mid-Term)

i. Identify implementable near- and mid-term congestion mitigation measures.

ii. Evaluate and develop a range of feasible strategies to address regional cut-through traffic, including but not limited to operational, geometric, policy, and system-level solutions.

Approaches may encompass roadway and network operations, access management, traffic control strategies, corridor and network modifications, demand and traveler-information strategies, and other innovative or nontraditional concepts that can be reasonably advanced toward implementation.

iii. Prepare conceptual designs, planning-level cost estimates, and implementation considerations.

d. Coordinate with the City of Ripon, San Joaquin County, Stanislaus County, Caltrans, and StanCOG to understand how planned and potential future improvements, as well as private development, may influence possible solutions to address cut-through traffic in the City of Ripon. Examples include:

i. Hart Road as a future interchange at SR-132

ii. Caltrans’ solicitation of a consultant for the Managed Lane System Plan

iii. StanCOG’s consideration of managed lanes from county line to county line

iv. The North County Corridor in northern Stanislaus County

e. Development of Long-Term Improvements (PID-Level Analysis)

i. Evaluate long-term regional solutions, including but not limited to:

1. Future regional transportation bypass of SR 99 via a future Olive Avenue Interchange on

SR 99 located between Jack Tone Road Interchange and 99/120 Interchange, the future

Olive Avenue Expressway, future Stanislaus River Crossing, and corridor through Stanislaus

County that reconnects to SR 99.

2. SR 99 auxiliary lane or bridge widening concepts.

ii. Other consultant-proposed alternatives.

1. Prepare an alternatives analysis using screening criteria such as safety, congestion relief effectiveness, cost, constructability, environmental impacts, right-of-way needs, and consistency with local and regional plans.

2. Recommend a preferred alternative and prepare a Project Initiation Document (PID) equivalent document.

f. Stakeholder and Public Engagement

i. Coordinate with participating agencies throughout the study.

ii. Conduct targeted public and stakeholder outreach with Ripon residents, businesses, unincorporated stakeholders, and regional partners, as necessary.

iii. Incorporate feedback into the evaluation and refinement of alternatives.

g. Cost Estimation and Implementation Phasing

i. Develop planning-level cost estimates for near-, mid- and long-term improvements.

ii. Identify implementation phasing strategies and link recommendations to potential funding opportunities.

h. Final Deliverables

i. Near- and mid-term Improvements conceptual design and environmental documentation.

ii. Long-Term Improvement PID or PID-equivalent document.

iii. Final report summarizing methodology, findings, recommendations, and next steps.

3.3. Project Budget

The total not-to-exceed budget for this study is $500,000. Proposals shall demonstrate a clear and realistic approach to completing the scope of work within the available budget.

4. Proposal Submittal Format and Content:

Proposals must include:

• Cover Letter, including any requested contract exceptions.

• Project Understanding and Technical Approach, including differentiation from competing proposals.

• Detailed Scope of Work and Deliverables, providing a clear outline that defines the scope and level of effort deliverable within the identified budget.

• Project Schedule (anticipated duration of approximately 18 months).

• Project Team, including roles, qualifications, and key staff resumes.

• Relevant Experience, including similar congestion mitigation studies and Caltrans PID efforts.

• Cost Proposal, itemized by task.

• Proposal page limit: 20 pages, excluding cover, resumes, cost proposal, and schedule.

5. Instructions to Firms

All submittals must include the following (no page limit but please be concise):

5.1. Submitting Questions and Receiving Responses

Proposers shall submit all inquiries regarding this proposal via email to Gwen Owens at

Owens@sjcog.org Please note the deadline for submitting inquiries. All answers to inquiries will be posted on SJCOG e-Procurement Portal. Proposers may also click “Follow” on this bid to receive an email notification when answers are posted. It is the responsibility of the proposer to check the website for answers to inquiries.

5.2. Proposal Submittal Process

Submission of Proposal/Period of Acceptance: Proposals may be received up to but not later than

Wednesday, June 3, 2026 and 2:00 pm via SJCOG e-Procurement Portal. The SJCOG's e-Procurement

Portal Clock is the official clock for the determination of all deadline dates and times. Without exception, responses will not be accepted after the submission deadline regardless of any technical difficulties such as poor internet connections or submission issues. SJCOG strongly recommends completing your response well ahead of the deadline.

All proposals will remain valid for a period of 90 days following the final date of submission. All proposals will become the sole property of SJCOG and a part of its official records without obligation on the part of SJCOG. This RFP is not to be construed as a contract of commitment on the part of SJCOG.

SJCOG reserves the right to reject all proposals, to seek additional information from each proposer, or to issue another RFP if deemed appropriate.

5.3. Examination of RFP Document

The proposer shall be solely responsible for examining, with appropriate care, the RFP, including any addenda issued during the proposal period. The proposer shall also be responsible for informing itself with respect to any and all conditions that may in any way affect the amount or nature of the proposal mailto:Owens@sjcog.org https://procurement.opengov.com/portal/sjcog or the performance of the work in the event the proposer is selected. Failure of the proposer to examine and inform itself in this manner shall be at the proposer’s own risk and no relief for error or omission shall be given.

5.4. Signing of Proposal/Authorization to Negotiate

The proposal shall be signed by an official authorized to bind the proposer and shall contain a statement to the effect the proposal is a firm offer for a 90‐day period. The proposal shall provide the following:

name, title, address, and telephone number of individuals with authority to negotiate and contractually bind the company.

5.5. Modification or Withdrawals of Proposals

Any proposal received before the date and time specified above for receipt of proposals may be withdrawn or modified by un-submitting the proposal and making any necessary adjustments. To be considered, however, the modified proposal must be received by the proposal due date and time specified previously.

All verbal modifications to these conditions or provisions are ineffective for proposal evaluation purposes. Only written changes issued by proposers to SJCOG are authorized and binding.

5.6. Rejection of Proposals

Failure to meet the requirements for the RFP will be cause for rejection of the proposal. SJCOG may reject any proposal if it is conditional, incomplete, or contains irregularities or inordinately high‐cost rates. SJCOG may waive an immaterial deviation in a proposal. Waiver of an immaterial deviation shall in no way modify the Request for Proposals document or excuse the proposer from full compliance with the contract requirements if the proposer is awarded the contract.

5.7. Addenda Notification and Acknowledgement

Firms are required to register for an account via SJCOG e-Procurement Portal hosted by OpenGov

Procurement. Once firm has completed registration, you will receive addenda notifications to your email by clicking “Follow” on this project. Ultimately, it is the sole responsibility of each firm to periodically check the site for any addenda at Portal.

SJCOG reserves the right to amend the RFP by addendum or to waive minor irregularities. If necessary, the submittal deadline will be extended to allow proposers additional time to respond to the RFP addendum.

5.8. Ineligible Bidders

Each consultant must certify that it is not included on the U.S. Comptroller General’s Consolidated List of

Persons or Firms Currently Debarred for Violations of Various Public Contracts Incorporating Labor

Standards Provisions.

5.9. System for Award Management (SAM)

The System for Award Management (SAM) is the official U.S. Government system that consolidated the capabilities of Central Contractor Registration / Federal Agency Registration (CCR/FedReg), Online

Representations and Certifications Application (ORCA), and Excluded Parties List System (EPLS). Firms submitting proposals must be registered on the SAM website at https://sam.gov/search prior to award.

5.10. SJCOG Rights

SJCOG may investigate the qualifications of any proposer under consideration, require confirmation of information furnished by a proposer, and require additional evidence of qualifications to perform the work described in the RFP. SJCOG reserves the right to:

Reject any or all of the proposals if it deems such action is in the public interest;

• Issue subsequent Requests for Proposals;

• Cancel the entire Requests for Proposal;

• Remedy technical errors in the Request for Proposals process;

• Appoint an evaluation committee to review the proposals;

• Seek the assistance of outside technical experts in proposal evaluation;

• Approve or disapprove the use of particular subconsultants;

• Establish a short list of proposers eligible for interviews after review of written proposals;

• Negotiate with some, all, or none of the respondents to the RFP;

• Solicit best and final offers from all or some of the proposers;

• Accept an offer other than the lowest price offer; and

• Waive informalities and irregularities in proposals and the bid process.

This RFP does not commit SJCOG to enter into a contract, nor does it obligate SJCOG to pay for any costs incurred in the preparation and submission of proposals or in anticipation of a contract. All proposals will be subject to public disclosure as required by the California Public Records Act.

SJCOG reserves the right to investigate the qualifications of all firms under consideration to confirm any part of the information furnished by a proposer, or to require other evidence of managerial, financial, or other capabilities that are considered necessary for the successful performance of the contract.

5.11. Proposer Objections

A proposer may object to any of the terms or provisions set forth in the RFP’s Scope of Work or to the selection of a particular proposer on the grounds that SJCOG’s procedures, the provisions of this RFP, or applicable provisions of federal, state, or local law have been violated or inaccurately or inappropriately applied by submitting a written explanation of the basis for the objection. Any objections or clarifications regarding the RFP must be submitted no later than 5 business days after RFP release date.

6. Selection Process/Contract Award https://sam.gov/search

6.1. Selection Process

Proposals will be judged exclusively on the criteria listed in "Attachment B Evaluation Criteria."

Consultant qualifications will be evaluated by a selection committee consisting of staff from SJCOG and various representatives of its member jurisdictions and agencies as determined necessary. The Selection

Committee will evaluate the proposals based on the outlined content requirements described below.

Each member of the Selection Panel will use the same evaluation criteria and categories to score the proposals.

The top-ranking consulting firm, after evaluations are conducted by the Selection Panel, will be recommended for award of contract by the SJCOG Board. Negotiations with the top-ranking firm with be initiated after approval from the SJCOG Board. If for any reason negotiations are unsuccessful, the second ranking consultant firm will be recommended for award, and negotiations will begin with that firm.

SJCOG reserves the right to select a consultant based solely on written proposals or to conduct interviews with shortlisted firms.

6.2. Contract Award

The actual award of the contract will be by the San Joaquin Council of Governments. Proposal opening does not constitute the awarding of a contract. The contract is not in force until it is awarded and executed by the Board identified SJCOG designees.

7. Standard Terms and Conditions

7.1. Insurance Requirements

Without limiting SJCOG’s right to obtain indemnification from the consultant or any third parties, the selected consultant, at its sole expense, shall maintain in full force and affect the following insurance policies throughout the term of the contract.

Comprehensive general liability insurance with coverage of not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. Comprehensive general liability insurance policies shall name SJCOG, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under the terms of the contract are concerned. Such coverage for additional insured shall apply as primary insurance or self-insurance and any other insurance, maintained by SJCOG, its officers, agents, and employees, shall be given excess only and not contributing with insurance provided under the Consultant’s policies herein.

Comprehensive automobile liability insurance with limits for bodily injury of not less than $25,000 per person, $250,000 per accident and for property damages of not less than $50,000, or such coverage with a combined single limit of $250,000. Professional liability insurance of at least $1,000,000 is required. Worker’s compensation insurance is also required by law.

This insurance shall not be canceled or changed without a minimum of thirty (30) days advance written notice given to SJCOG. The selected consultant shall provide certification of said insurance to SJCOG within twenty-one (21) days of the date of the execution of the contract. Such certification shall show, to SJCOG’s satisfaction, that such insurance coverage’s have been obtained and are in full force; that

SJCOG, its officers, agents, and employees will not be responsible for any premiums on the policies; that as and if required such insurance names SJCOG, its officers, agents and employees individually and collectively as additional insured (comprehensive and general liability only), but only insofar as the operations under the contract are concerned, that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by SJCOG , its officer, agents, and employees, shall be excess only and not contributing with insurance provided under the consultant’s policies herein; and that this insurance shall not be canceled or changed without a minimum of thirty (30) days advance, written notice given to SJCOG.

In the event the selected consultant fails to keep in effect at all times insurance coverage as herein provided, SJCOG may, in addition to other remedies it may have, suspend or terminate the contract upon the occurrence of such event.

Contract Assurance: DBE regulations require the following contract assurance statement in every DOT-assisted contract and subcontract: "The consultant or subconsultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of DOT-assisted contracts.

Failure by the consultant to carry out these requirements is a material breach of this contract, which may result in the termination of this contract, or such other remedy as recipient deems appropriate."

7.2. Conflict of Interest

The prospective consultant shall disclose any financial, business, or other relationship with SJCOG that may have an outcome on the selection.

The selected Consultant will not be prevented from participating in future projects to the extent that no direct conflict of interest exists at the time. Consultants responsible for a project’s design may not participate in construction management/construction inspection of the project. The determination of a conflict of interest, direct or incidental, shall be at the sole discretion of SJCOG.

7.3. Contract Administration

General contract administration shall include the following:

A. Changes to scope shall be communicated in writing via email by both parties

B. Contractor shall notify SJCOG team of any changes to project management team in advance

C. Contractor shall not exceed project budgets unless approved by SJCOG in advance

7.4. Local, State and Federal Requirements

All local, state and federal requirements apply to this solicitation. Consultant shall demonstrate familiarity of providing services for federally funded projects and has clear understanding of requirements/needs to facilitate the project through Caltrans Local Assistance and Local Assistance

Procedures Manual.

7.5. Nondiscrimination

The Authority will never exclude any person from participation in, deny any person the benefit of, or otherwise discriminate against anyone in connection with the award and performance of any contract covered by 49 CFR, Part 26 on the basis of race, color, sex, or national origin. The Authority will not, directly or through contractual or other arrangements, use criteria or methods of administration that have the effect of defeating or substantially impairing the accomplishment of the objectives of the

Caltrans DBE Program Plan with respect to individuals of a particular race, color, sex, or national origin.

7.6. Title VI of the Civil Rights Act of 1964

The selected consultant agrees to comply with all the requirements imposed by Title VI of the Civil

Rights Act of 1964 (49 USC 2000d), and the regulations of the U.S. Department of Transportation issued there under in 49 CFR Part 21.

7.7. Invoicing/Payment Structure

Contractor shall invoice SJCOG every month for services performed during the month’s period.

Supporting documentation on all expenses is required AND a narrative in the form of a progress report describing work activities accomplished. SJCOG project manager shall evaluate the quality of the service performed and determined if satisfactory based on project scope. Contractor shall be paid following the receipt and approval of each invoice by SJCOG, all of which shall occur within 30 days of presentation.

Invoices shall be structured by scope category, include description of tasks with associated product/service developed, number of hours and associated amount and total cost.

All costs charged to this agreement by the contractor shall be supported by properly executed payrolls, time records, invoices, and vouchers, evidencing in proper detail the nature and propriety of the charges. These records shall be maintained by contractor for three years after SJCOG makes final payment under this agreement and shall be made available upon the request of SJCOG. Contractor shall also comply with Title 49, Code of Federal Regulations, Part 18, (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments) in the procurement of services, supplies or equipment. All invoices shall be sent to project manager via email.

The contractor and the contractor’s team are not employees of the San Joaquin Council of

Governments.

7.8. Project Management

General project management roles and responsibilities shall be the following:

A. Contractor shall initiate project development meetings or call to discuss status of projects based on agreed upon schedule by contractor and SJCOG. Contractor shall prepare and provide summary of meeting and action items

B. Contractor shall develop memo for each project outlining estimated budget, scope and timeline prior to task launch

C. Changes to scope shall be communicated in writing via email by both parties

D. Contractor shall notify SJCOG team of any changes to project management team in advance

E. Contractor shall not exceed project budgets unless approved by SJCOG in advance

7.9. Negotiations an Engagement

Following the approval by SJCOG Board for award of contract, the selected top-ranking consultant will participate in contract negotiations with SJCOG staff. The final contract and Scope of Services will be negotiated. Consultants are encouraged to include in their proposal any comments relating to the Scope of Services and/or the terms and conditions of SJCOG’s standard contract. In addition, consultants are reminded that any comments regarding the Terms and Conditions of SJCOG’s standard contract must be noted in the proposal. SJCOG reserves the right to disqualify any firm that does not provide written discussions of any disagreements it has relative to SJCOG’s Terms and Conditions. SJCOG does not anticipate making any substantive changes to its Terms and Conditions.

7.10. Confidential Information/Public Record

All responses become property of SJCOG. All responses, including the accepted proposal and any subsequent contract, become public records per the requirements of the California Government Code, Sections 6250 -6270, “California Public Records Act”. Proprietary material must be clearly marked as such. Pricing and service elements of the successful proposal are not considered proprietary information.

SJCOG will treat all information submitted in a proposal as available for public inspection once SJCOG has selected a contractor. If you believe that you have a legally justifiable basis under the California

Public Records Act (Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your proposal, you must identify any such information, together with the legal basis of your claim in your proposal, and present such information separately (see "Confidential" section in Vendor Submissions) as part of your response package.

The final determination as to whether SJCOG will assert your claim of confidentiality on your behalf shall be at the sole discretion of the SJCOG. If SJCOG makes a determination that your information does not meet the criteria for confidentiality, you will be notified as such. Any information deemed to be non-confidential shall be considered public record.

8. Bid Protest

8.1. Standing for Protest

A. Only a proposer who has actually submitted a responsive proposal is eligible to submit a protest.

Subcontractors are not eligible to submit protests. A proposer may not rely on the protest submitted by another proposer but must timely pursue its own protest.

B. The protesting proposer must submit a non-refundable fee in the amount of five hundred dollars ($500.00). This fee must be submitted to SJCOG no later than the respective protest deadline defined below.

8.2. Grounds for Protest.

Protests shall be based only upon the following grounds:

A. SJCOG failed to follow the procedures and adhere to the requirements set forth in the Request for Proposal or Addendum thereto.

B. The Protestor alleges misconduct by SJCOG officials or evaluation team members.

8.3. Time for Filing a Protest

A. Any protest must be in writing and received by SJCOG at 555 East Weber Avenue, Stockton, CA

95202 before 5:00 p.m. no later than two (2) business days following the date the SJCOG Board awards the Contract.

B. For purposes of this Protest Procedure, a “business day” means a day that SJCOG is open for normal business, and excludes weekends and holidays observed by SJCOG.

8.4. Required Form of Protest

A. The protest must contain a complete statement of the basis for the protest and all supporting documentation. Material submitted after the applicable protest deadline will not be considered.

The protest must refer to the specific grounds of protest set forth above upon which the protest is based and include the form of relief requested. The protest must include the name, address, email address, and telephone number of the person representing the protesting proposer if different from the protesting proposer.

B. Public Records. All materials submitted relative to this RFP/RFQ will be kept confidential until such time as an award of Contract is made. At such time, all materials submitted must be made available to the public. All information contained in the proposal may be subject to the

California Public Records Act (Government Code sections 6250 et seq.), and the information’s use and disclosure are governed by this Act. Any information deemed confidential or proprietary should be clearly identified by the proposer as such. Such information may then be protected and treated with confidentiality to the extent permitted by state law.

8.5. Protest Resolution Process

A. The Executive Director will designate staff to investigate disputed factual allegations, if any, contained in the timely filed protest.

B. The designated staff will prepare a Proposed Decision with assistance from SJCOG General

Counsel as soon as possible. The Proposed Decision should contain a summary of the protest, an evaluation of the protest, and a recommendation as to whether the protest should be allowed or denied. The Proposed Decision will only address the issues raised in the protest. The

Proposed Decision shall be submitted to the Executive Director for approval.

C. If the Proposed Decision is approved by the Executive Director, the Proposed Decision is then transmitted to the SJCOG Board Members.

D. If a Member of the Board does not request full Board consideration of the protest within five (5) calendar days of receiving the Proposed Decision, the Proposed Decision becomes the Final

Decision of SJCOG and is mailed to the protestor and the proposer to whom award was authorized.

8.6. Exclusive Remedy.

The procedure and time limits set forth in this Section are mandatory and are the proposer’s sole and exclusive remedy in the event of protest. A proposer’s failure to comply with these procedures will constitute a waiver of any right to further pursue a protest, including filing a Government Code Claim or initiation of legal proceedings.

8.7. Right to Reject all Proposals.

The proposer’s filing of a protest shall not preclude SJCOG from rejecting all proposals and re-advertising a Request for Proposals. Rejecting all proposals shall render a protest moot and terminate all protest proceedings.

8.8. Right to an Award.

The SJCOG Board of Directors reserves the right to award the Contract to the proposer it has determined to be the responsive responsible proposer, and to issue a notice to proceed with the services notwithstanding any pending or continuing challenge to its determination.

8.9. Effect on Contracts.

The failure of an SJCOG employee or department to comply with the provisions stated in this Protest

Procedure shall in no way affect the validity of any contract entered into by SJCOG.

9. Vendor Submission

9.1. Confirm*

Did you read through and confirm that you met all of the proposal requirements?

☐ Yes

☐ No

*Response required

9.2. Upload Proposal *

*Response required

9.3. Confidential

This section is ONLY if:

If you believe that you have a legally justifiable basis under the California Public Records Act

(Government Section 6250 et. seq.) for protecting the confidentiality of any information contained within your proposal, you must identify any information, together with the legal basis of your claim in your proposal, and present such information separately.

9.4. Upload copy of insurance *

*Response required