Flood_Adaptation_Strategy_for_State_Route_4_through_the_San_Joaquin_Delta_River.pdf

REQUEST FOR PROPOSAL

2025-RFP-012

FLOOD ADAPTATION STRATEGY FOR STATE ROUTE 4 THROUGH

THE SAN JOAQUIN DELTA RIVER

San Joaquin Council of Governments

555 E Weber Avenue

Stockton, CA 95202-2804

RELEASE DATE: June 19, 2025

DEADLINE FOR QUESTIONS: July 8, 2025

RESPONSE DEADLINE: July 29, 2025, 4:00 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

Flood Adaptation Strategy for State Route 4 through the San Joaquin

Delta River

I. Notification II. Introduction

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

V. Instructions to Firms

VI. Selection Process/Contract Award VII. Evaluation Criteria

VIII. Standard Terms and Conditions IX. Bid Protest X. Vendor Submission

Attachments:

AA - SJCOG Regional Resiliency Implementation Plan - Adaptation Guidance Final

BB - Sample Contract

Request For Proposal #2025-RFP-012 Title: Flood Adaptation Strategy for State Route 4 through the San Joaquin Delta River

1. Notification

To: All Interested Firms

From: Kim Anderson, Deputy Director of Planning

Date: Thursday, June 19, 2025

Subject: Flood Adaptation Strategy for State Route 4 through the San Joaquin Delta River

San Joaquin Council of Governments (SJCOG) is soliciting proposals from consulting firms to provide professional services in developing the Flood Adaptation Strategy for State Route 4 through the San

Joaquin Delta River. This study is in partnership with the California Department of Transportation

(Caltrans).

Firms interested in providing the services described in the enclosed Request for Proposals (RFP) must submit a proposal by Tuesday, July 29, 2025 at 4:00 pm to the Council's e-Procurement Portal .

Bidders shall submit all inquiries regarding this bid via the SJCOG e-Procurement Portal. 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

The San Joaquin Council of Governments (SJCOG), in partnership with Caltrans District 10, proposes a study to develop a Flood Adaptation Strategy (FAS) for State Route 4 (SR-4) through the San Joaquin

Delta River. SR-4 is at high flood risk as it (1) runs through FEMA’s 100-year floodplain (2) serves as a goods movement connector and commuter route (3) and acts as an evacuation route for San Joaquin

River Delta residents. The proposed FAS will assess flood impact, including the impact a flood event on the San Joaquin River Delta will have on evacuation routing, and generate a list of priority flood-resilient capital improvement projects that SJCOG, in partnership with Caltrans District 10, could program on SR-

4.

The FAS was identified as a Priority Adaptation Strategy in the agency’s 2022 Regional Resiliency

Implementation Plan and Adaptation Guidance and aligns with state and federal climate and transportation priorities. The purpose of the proposed FAS, therefore, is to build on the 2022 Regional

Resiliency Implementation Plan and Adaptation Guidance and develop a data-driven investment strategy for SR-4 as it experiences increasing flood risk. The proposed strategy will improve and enhance the resiliency of our regional transportation network to a flood event by ensuring the network can more easily absorb, recover from, and adapt to a flooding event. In addition to promoting climate and infrastructure resilience, the proposed strategy will also address public safety, economic resilience, and cost-savings, in the region with a focus that will provide public benefits by (1) minimizing injuries and fatalities as the SR-4 will be able to better support evacuation and emergency response (2) ensuring the continuous flow of people, goods, and services on the regional transportation network during a flood event (3) and reducing maintenance and repair costs on this transportation asset.

Proposals should include information demonstrating the consultant’s understanding of the project, expertise and past performance conducting similar projects and project team as outlined in this solicitation. The top-ranking consulting firm, after evaluations are conducted by the evaluation panel, will enter contract negotiations with SJCOG.

The Project cost estimate to complete the work as outlined in the RFP is $325,000. SJCOG anticipates the Project work will be completed within 12 months of receiving a notice to proceed.

2.2. Background

The proposed Flood Adaptation Strategy (FAS) is a result of on-going collaboration and partnership between SJCOG and Caltrans. As a metropolitan planning organization and regional transportation planning agency, SJCOG collaborates with Caltrans to develop goals, objectives, plans, and policies to create a reliable and sustainable regional transportation network. This FAS will be a joint effort to protect SR-4 against current and future flood risks and ensure the continued safety and reliability of the regional transportation network.

In 2020, SJCOG conducted a Climate Adaptation and Resiliency Study to identify current risks and vulnerabilities in the San Joaquin County’s regional transportation network. The study used the best available greenhouse gas emissions projections and climate stressor data to examine the projected impacts each climate stressor, including flooding, would have on the region and its critical transportation assets. This assessment revealed the Project Area, SR-4 between eastern Contra Costa

County and western San Joaquin County, is the region’s most critical and vulnerable transportation asset to sea level rise and riverine flooding. The Project Area currently runs through FEMA’s 100-year floodplain. As climate change intensifies, the risk of a flood is likely to increase due to rising sea levels and extreme precipitation.

The Project Area is a two-lane rural road in California’s Central Valley surrounded by the rivers of the

San Joaquin Delta and farmlands and intersects an SB535 Disadvantaged Community, or a community that is highly burdened by pollution and poverty. The community ranks in the 93rd percentile of

California census tracts with high pollution, poor health outcomes, and poverty. This community also ranks at the 76th percentile for linguistic isolation, or the percentage of limited speaking households.

The primary objective of the FAS is to build climate and infrastructure resilience in the region by protecting the Project Area against current and future flood risks and ensuring the continued safety and reliability of the regional transportation network. The FAS will meet this objective by including flood-resilient implementation strategies that will improve and/or promote:

• Air Quality by allowing drivers to continue to use the SR-4 during a flood event. Closure of SR-4 would force drivers to add more VMTs to get to their destinations, which adds to the production of harmful air pollutants.

• Economic Resiliency by ensuring the continuous flow of people, goods, and services on SR-4 during a flood event.

• Environmental Sustainability by ensuring that the Delta’s ecosystem is protected.

• Public Health and Safety by minimizing injuries and fatalities during a flood event.

• Workforce Development by creating jobs in construction and road maintenance.

To accomplish this, SJCOG and Caltrans will engage with a diverse set of external stakeholders and the public to obtain input on flood-resilient implementation strategies.

2.3. Timeline

Release Project Date June 19, 2025

Question Submission Deadline July 8, 2025, 4:00pm

Response Submission Deadline July 29, 2025, 4:00pm

Complete Evaluation Review for Proposal-

Recommend Award to Top-Ranking

Consultant

August 14, 2025

SJCOG Board approval of Professional

Services Agreement

August 28, 2025

Execute Contract & Issue Notice to Proceed September 2025

3. Scope of Work

3.1. Scope of Work Requirements

The general Scope of Services outlined below is provided as a guide. Consultants are encouraged to provide a detailed scope and deliverable to reflect the method and procedure which they intend to use to deliver the goals of the project.

Consultants should suggest changes to the scope of work or desired approach, as needed to achieve the project objectives. Additional services to further the goals of this Project should be identified in their scope as optional services.

All services performed in response to this RFP will be in conformance with all applicable Federal and

State standards, regulations, policies, and procedures. Consultants submitting qualifications may compose a team that includes sub-consultants with additional expertise; however, the prime consultant shall be responsible for delivery of all work products. SJCOG anticipates the Project work will be completed within 12 months of a notice to proceed from SJCOG.

The consultant shall continuously provide, throughout the term of their contract, the qualified personnel proposed to perform the required services.

Task 1.0 - Project Administration

Task 1.1: Identify a project manager who will direct, monitor, manage and oversee the efficient delivery of services performed by consultant staff and sub-consultants to assure conformance with all applicable

Federal, State and Local regulations and quality control requirements, budgets, and schedules.

Task 1.2: Management and oversight of project and deliverables, including kick off meeting, preparing, agendas/minutes, updating schedule, milestones, project critical path, submitting invoices and progress reports.

Task 1.3: Coordinate bi-weekly check-in meetings with SJCOG staff to go over project progress, schedule and action items.

Task 2.0 – Existing Conditions

Task 2.1: This task will involve the consultant conducting a literature review, performing a site visit, and developing an existing conditions analysis that builds on SJCOG’s 2020 Climate Adaptation and

Resilience Study, which determined that the project area was highly vulnerable to flooding. The consultant will use maps, photos, and other graphic content to create a visually appealing and digestible report.

Other previous studies and current initiatives may include:

• 2022 Regional Transportation Plan/Sustainable Communities Strategy, San Joaquin Council of

Governments

• 2022 Regional Resiliency Implementation Plan and Adaptation Guidance Report, San Joaquin

Council of Governments

• 2021 Climate Action Plan for Transportation Infrastructure, California State Transportation

Agency

• 2021 California Climate Adaptation Strategy

• 2019 Strategic Plan, San Joaquin Area Flood Control Agency

• 2024 Adaptation Plan, Delta Stewardship Council

• Review of similar studies for Contra Costa County transportation planning agencies to ensure consistency in planning across county boundaries.

Task 1.2: Prepare an Existing Conditions Report based on the scope in Task 2.1.

Task 3.0 – Stakeholder and Public Engagement

The consultant will seek input from local stakeholders and community residents on flood-resilient implementation strategies to ensure the final adaptation strategy (1) aligns with and supports existing climate and environmental sustainability efforts in the Delta region and (2) addresses the needs and concerns of the region’s most underserved communities.

Stakeholder engagement is critical to the success of this Project. The Consultant shall utilize relevant and comprehensive strategies to receive feedback from as many residents in the community as feasible. It is expected the Consultant will have an ongoing dialogue with the stakeholders for the duration of the

Project. The Consultant shall lead all community engagement events required in this RFP in consultation with SJCOG.

Stakeholders may include:

• Local and state regulatory agencies, including the Delta Stewardship Council, San Joaquin Area

Flood Agency, San Joaquin County Office of Emergency Services, Contra Costa County, and

Caltrans District 4

• Existing climate initiatives in the region, including the San Joaquin Regional Climate

Collaborative

• Other stakeholders who may be positively and/or negatively impacted by the proposed adaptation strategies, including Delta region residents, landowners, businesses, and environmental advocates

Task 3.1: The Consultant shall propose and implement a Public Engagement Plan to include:

A. at minimum three (3) community events (note if any events are virtual)

B. focus meetings with key stakeholders/owner agencies

C. a schedule to accomplish the community engagement tasks

D. provide a hosted two-way communication portal for public input and response

E. document all public feedback and responses

F. outreach shall include multiple methods of communication to ensure participation from stakeholders

Task 3.2: The Consultant shall provide a summary and documentation of all public engagement activities, results, and feedback for the activities performed under Task 3.1.

All public outreach materials will require SJCOG’s review and approval before its release.

Task 4.0 - Analysis

The consultant will have to (1) assess the sensitivity and adaptative capacity of SR-4 (2) evaluate the consequences failing to prepare for a flood event will have on the project area, including evacuation routing, and (3) identify, evaluate, and prioritize adaptation strategies that SJCOG and Caltrans can program to allow SR-4 to withstand and recover from a flood event. Each adaptation strategy will be evaluated using a cost-benefit analysis and will incorporate the needs and concerns collected from stakeholders and the public.

This task involves a high-level analysis of the sensitivity and adaptive capacity of SR-4 and the consequences failing to prepare for a flood event will have on the project area, including evacuation routing. The analysis will rely on existing data and evacuation planning efforts in both Contra Costa and

San Joaquin Counties and include recommendations for additional mapping or analyses as required for later project level alternatives analysis.

Task 4.1: Collect and review existing data and mapping to conduct planning level analyses of potential consequences of flood related events to infrastructure and evacuation routing.

Task 4.2: Develop high-level strategies, plans, and potential projects or groups of projects recommended to mitigate potential effects, including various reports, plans, maps, visual renderings, additional graphic content, and recommendations on how desired outcomes of allowing SR-4 to withstand and recover from a flood event may be achieved.

Task 4.3: Package recommended strategies into a set of proposed project alternatives. Each proposed planning-level alternative will be evaluated using a cost-benefit analysis and will incorporate the needs and concerns collected in Task 3. Stakeholders and Public Engagement. The results will inform later project level analyses.

Task 4.4: Prepare and coordinate a Draft Alternatives Analysis review

Task 4.5: Prepare and recommend a Final Alternatives Analysis based on reviews from Task 4.4

Task 5.0: Draft and Final Plan

Task 5.1: The consultant will develop a Draft Plan that summarizes findings from the existing conditions report, stakeholder and public engagement, and alternative analysis and lists flood-resilient implementation strategies, costs, and potential funding opportunities. The Draft Plan will be shared for public comment including review from project stakeholders, including, among others, the San Joaquin

Regional Climate Collaborative and the Delta Stewardship Council.

Task 5.2: The consultant will gather public feedback from the Draft Plan and incorporate this into the

Final Plan. The Final Plan will be used by project partners as a guide to identify future funding opportunities for implementing proposed strategies.

Task 5.3: The consultant will prepare presentation materials and related support documentation to assist staff for potential presentations for SJCOG standing committees and the SJCOG Board.

4. Proposal Submittal Format and Content:

Proposals shall be concise, well-organized, and demonstrate the consultant’s qualifications and experience relating to the proposed project. The Consultant Selection Committee will screen all proposals submitted in response to this request. The Consultant Selection Committee reserves the right to make a final selection for recommendation to the Board of Directors.

In order to simplify the review process and maximize the degree of comparative analysis, the proposal should be organized in the manner stated below:

A. Cover Letter

The cover letter shall be addressed to the following and must, at a minimum, contain the information listed:

Ms. Kim Anderson, Deputy Director of Planning

San Joaquin Council of Governments

555 E. Weber Avenue

Stockton, California 95202

A. A brief summary of the consultant’s profile, qualifications and capabilities.

B. Proposer’s legal name and corporate structure

C. Primary contact information, including name, address, phone, website, and email

D. Proposed subconsultants (if applicable).

E. The project manager with their phone number and email address.

F. Acknowledgement of receipt of all addenda (if applicable).

G. A statement attesting that all information submitted with the proposal is true and correct.

H. Statement indicating the proposal will remain valid for at least 120 days.

I. The signature of a company officer empowered to bind the proposer to the provisions of this

RFP and any contract awarded pursuant to it.

B. Approach and Understanding

Include your firm’s approach to addressing the identified scope of services, your understanding of the project’s scope, key issues, and relevancy of this project. Provide additional information that may support the following:

o The firm’s best practices that sets you apart from other similar firms o Recommendation and approach on enhancing project outcomes o Highlight local experience that may benefit the firm’s qualification for the project

C. Project Team Qualifications and Demonstrated Ability

The consultant shall establish the ability to satisfactorily perform the required work by reasons of experience in performing work of a similar nature as outlined in the Scope of Work. The following items should be included:

A. Summary of the project team’s recent and related experience and expertise. The proposed relationships among all key personnel and sub-consultants should be identified.

B. Provide information on the consultant’s experience related to the Project’s scope of work, resources, and the ability to successfully complete the work. Indicate the consultant’s understanding of the issues and challenges unique to the project and offer insight into how the consultant will meet these situations.

C. Provide availability of key team members. Include resumes of key team members only.

Consultant’s project manager and identified key staff shall remain throughout the project unless approved otherwise by SJCOG.

D. Provide three (3) relevant projects within the last five (5) years similar to the scope of work as outlined in this RFP that has been completed by the consultant’s assigned project manager.

Provide client name, contact person, and current phone number and e-mail address. Reference projects should include a brief description of what services the consultant’s firm/project manager provided on the project, the year when services were completed, and key personnel assigned to the project. References will be contacted as part of the selection process for the firm being recommended for the contract award.

D. Work Plan

The work plan shall address all the items of work described in this RFP and include a milestone schedule that identifies the key items of work. The plan should be simple, easy to read and follow, and address the objectives and specifications listed in the Scope of Services section. The work plan shall be presented in the proposal such that it can be easily incorporated into the Professional Services

Agreement as Exhibit A, Scope of Work.

The work plan shall include:

A. A description of how each key task will be performed and include enough detail to demonstrate a clear understanding of the project.

B. Identify the deliverables.

C. Include a staffing plan that identifies team members by task and lists the amount of time each team member can devote to the project.

D. Describe any supplemental tasks deemed necessary or recommended, which will enhance the outcome, reduce cost, or expedite delivery.

E. Include a project schedule listing item of work/tasks as outlined in the scope of work. The schedule should be detailed enough to provide information on milestones, critical paths, and general start/end dates. 11” x 17” size paper will be acceptable for the schedule.

E. Cost

The proposed costs shall be summarized by tasks, the services provided by the consultant, and the product of each task. Where work is to be performed by a sub-consultant, this should be identified. The proposed cost schedule shall clearly show the grand total and all optional items. An 11” x 17” size paper will be acceptable and should consider the following:

A. Costs shall be paid by actual cost-plus-fixed fee. The consultant performs the services stated in the contract for an agreed amount as compensation, including a net fee or profit.

B. Cost proposal must identify classifications to be billed, hourly billing rate and hours. Labor costs must be broken down to direct and indirect, other direct, and fee.

C. All key personnel must be identified in the cost proposal.

D. Cost proposal must include other direct costs and supporting calculations.

E. The determination of the amount of the fixed fee/profit shall take into account the size, complexity, duration, and degree of risk involved in the work.

F. Statements

The Consultant shall include the following:

A. A statement to the effect that the proposal shall remain valid for a period of no less than 120 calendar days from the date of submittal.

B. A statement to the effect that the Consultant has examined and is familiar with the RFP, its terms and conditions and accepts and will comply with the requirements, terms and conditions as outlined.

C. A statement outlining concurrence or concerns with any and all provisions of the SJCOG

Contract Agreement (See Attachment A).

Contract Term:

The contract term shall be for a duration of when the scope of services is completed according to the schedule provided by the consultant and approved by SJCOG.

Work Location:

Work will primarily be performed remotely with the expectation of in-person attendance for various activities, meetings, and events on an as needed at the discretion of SJCOG.

Solicitation Disclaimer:

All proposals will become the property of SJCOG upon submission. Cost of preparing, submitting, and presenting a Proposal is at the sole expense of the offeror. SJCOG has the right to reject any or all of the

Proposal received as a result of this request. Solicitation of proposals in no way obligates SJCOG to contract with any firm or individual. The decision to contract is at the discretion of SJCOG.

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 SJCOG e-Procurement Portal. 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

Tuesday, July 29, 2025 and 4:00 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 120 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 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 120‐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.

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

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. 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.

5.10. 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

6.1. Selection Process

Proposals will be judged exclusively on the criteria listed in "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.

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. Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Approach and Understanding of the Work

Describes familiarity of project and demonstrates understanding of work completed to date and project objectives moving forward.

The Proposed Team are adequate and appropriate disciplines for project success with the overall organization of the team meeting the project needs.

Recommendation and approach on enhancing project outcomes.

Project Team has experience and is familiar with the region/local environment.

Points Based 15 (15% of Total)

2. Project Team Qualifications and

Demonstrated Ability

Relevant experience, specific qualifications, and technical expertise of the firm and sub-consultants to conduct the work as outlined in the scope of services.

Roles of key individuals proposed have relevant experience for their role in the project and are appropriately staffed.

Project experiences (3 examples) showcase similarity to this project scope and represents experiences of the project manager and or project team.

Points Based 25 (25% of Total)

3. Work Plan

The proposed scope of services is appropriate for all phases of the work.

Listed recommendations and supplemental tasks which will enhance project outcome.

Deliverables are appropriate and achievable to schedule.

Proposer has a system or process for managing cost and budget.

The schedule serves as a project timeline, stating all major milestones and required submittals for project management, review, and compliance with local/federal laws.

The schedule addresses all knowable phases of the project, in accordance with the general requirements of this RFP.

Points Based 30 (30% of Total)

4. Cost

Proposal clearly defines the requested information as listed in the RFP.

Proposed cost appears reasonable to the scope of work detailed in the proposal.

Points Based 30 (30% of Total)

8. Standard Terms and Conditions

8.1. 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."

Prompt Payment: Attention is directed to Section 7108.5 of the California Business and Professions

Code, which requires a prime consultant or subconsultant to pay any subconsultant not later than 7 days of receipt of each progress payment, unless otherwise agreed to in writing. In addition, Federal

Regulation (49 CFR 26.29) requires a prime consultant or subconsultant to pay a subconsultant no later than 30 days after receipt of each payment, unless any delay or postponement of payment among the parties takes place only for good cause and with the prior written approval of the agency. Section 7108.5 of the California Business and Professions Code also contains enforcement actions and penalties. These requirements apply to both DBE and non-DBE subconsultants.

8.2. 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, including 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. The 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 the project manager via email.

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

Governments.

8.3. 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.

8.4. 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

8.5. Local, State and Federal Requirements

All local, state and federal requirements apply to this solicitation. Proposal will include costs for consulting, planning, design and development. Total cost shall not include direct costs such as advertising, direct mail, media buys, promotional items and incentives. Modifications/extensions to the contract budget, timeline, and scope may be considered contingent upon on funding availability and satisfactory performance by contractor.

8.6. 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.

8.7. 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.

8.8. 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.

8.9. 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.

9. Bid Protest

9.1. 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.

9.2. 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.

9.3. 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.

9.4. 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.

9.5. 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.

9.6. 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.

9.7. 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.

9.8. 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.

9.9. 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.

10. Vendor Submission

10.1. Confirm*

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

☐ Yes

☐ No

*Response required

10.2. Upload Proposal *

*Response required

10.3. 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.

10.4. Upload copy of insurance *

*Response required