LEAD_PROGRAM_STAFF_AUGMENTATION_(Addendum_#2_Revision).pdf

2024-RFP-076

LEAD PROGRAM STAFF AUGMENTATION

City of Cleveland

Department of Public Utilities

601 Lakeside Ave

Cleveland, OH 44114

RELEASE DATE: September 13, 2024

DEADLINE FOR QUESTIONS: October 14, 2024

RESPONSE DEADLINE: October 22, 2024, 12:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/clevelandoh

City of Cleveland

LEAD PROGRAM STAFF AUGMENTATION

I. LIST OF ABBREVIATIONS

II. SCOPE OF SERVICES, PROJECT SCHEDULE AND

DELIVERABLES

III. PROPOSAL EVALUATION AND SELECTION CRITERIA

IV. PROPOSAL SUBMITTALS/REQUIRED CITY FORMS

V. PROPOSAL CONTENTS

VI. THE CITY’S RIGHTS AND REQUIREMENTS

VII. EQUAL OPPORTUNITY REQUIREMENTS

VIII. OFFICE OF EQUAL OPPORTUNITY (OEO) FORMS

Attachments:

A - Cover Letter_Lead Program Staff Augmentation

B - Appendix A_Sample Agreement

C - Appendix B_Staff Proximity Table and Questions

D - Appendix C_Fee Tables

E - Appendix D_Reimbursables Policy

F - Ordinance No. 1068-2022

G - Ordinance No. 1278-2023

#2024-RFP-076

Title: LEAD PROGRAM STAFF AUGMENTATION

1. LIST OF ABBREVIATIONS

A/E Architect/Engineer

BoD Basis of Design

CTC Conformed to Contract

CSB Cleveland – Area Small Business

CSI Construction Specifications Institute

CWD Cleveland Water Department (aka Division of Water) DDM Detailed Design Memorandum

DP Design Professional firm or its representatives DPU Department of Public Utilities

EEO Equal Employment Opportunity

EV Earned Value

FBE Female Business Enterprise

HVAC Heating, Ventilation, and Air Conditioning MBE Minority Business Enterprise

NTP Notice to Proceed

OEO Office of Equal Opportunity

RFI Request for Information

RFP Request for Proposal

TM Technical Memorandum

TRFP Task Request for Proposal

2. SCOPE OF SERVICES, PROJECT SCHEDULE AND

DELIVERABLES

2.1. LIST OF ABBREVIATIONS

BIL$ Bipartisan Infrastructure Legislation Funding

CSB Cleveland – Area Small Business

CSI Construction Specifications Institute

CWD Cleveland Water Department (aka Division of Water)

DP Design Professional firm or its representatives

DPU Department of Public Utilities

EEO Equal Employment Opportunity

LSL Lead Service Line(s)

LSLR Lead Service Line Replacement(s)

NTP Notice to Proceed

OEO Office of Equal Opportunity

RFP Request for Proposal

(Refer to Appendix A, Sample Agreement for definition of specific contract-related terms.)

2.2. INTRODUCTION AND BACKGROUND

The City of Cleveland (City), Division of Water (CWD), through its Director of Public Utilities (Director), is soliciting proposals from qualified firms interested in providing professional services for its Lead Service

Line Replacement (LSLR) Program. It is necessary that the consultant has considerable experience in providing planning and construction assistance services as outlined, with priority given to staff with experience in water distribution systems.

CWD is a major regional utility, which supplies water to more than 1.5 million residents in Cuyahoga, Medina, Summit, Geauga, and Lake counties. CWD services approximately 430,000 retail accounts in

Cleveland and communities including direct service, master meter, and emergency back-up water. The communities include cities, villages, townships and water districts. Of these, 39 have signed the Restated

Water Main Agreement (RWMA) giving CWD ownership of the distribution system assets.

The water system consists of 10 hydraulic districts that cover an area of 640 square miles and include 5,400 miles of water mains. Each district operates under a different hydraulic grade. Within each district, pressure regulated sub-zones may exist. The water system contains treatment plants, pump stations, reservoirs, elevated towers, water mains, etc. The distribution system is recorded on paper-based mapping systems and on a geographic information system (GIS), with GIS being the system of record for the LSLR Program.

CWD needs the services of a firm to assist CWD staff who manage and implement the Lead Service Line

Replacement (LSLR) Program. It is expected that the selected consulting firm may need to acquire the services of sub-consultants specializing in various disciplines in order to successfully complete the contract tasks. A list of services and disciplines is included in Section 2, Scope of Services.

Tasks will require services such as field staff inspection and construction monitoring, customer communication, office work, and database tracking. Activities for all tasks shall be coordinated by the consulting firm with CWD’s LSLR Contract Manager or their designee.

The contract fee shall be based on compensation for approximately 150,000 hours of work to be performed plus other direct expenses (reimbursables). The firm shall specify its fee for services of various labor categories as described in the included Fee Table.

The City reserves the right to reject any or all proposals or portions of them, to waive irregularities, informalities, and technicalities, to re-issue or to proceed to obtain the service(s) desired otherwise, at any time or in any manner considered in the City’s best interests. The Director may, at their sole discretion, modify or amend any provision of this notice or the RFP.

2.3. SCOPE OF SERVICES

This list of potential services is intended to provide a general overview of the work anticipated to be performed under this contract. The purpose of this contract is to assist CWD’s LSLR Program staff in the implementation of the CWD program to replace lead service lines (LSLs) in our direct service distribution area in accordance with state and federal laws and regulations. Lead water service connections may exist from the public water main up to the point of premise plumbing, which is generally indicated by the main shut off valve in a building. The service connections are shared in ownership with the curb stop in the road right of way (treelawn) generally dividing ownership between the City and the customer. Under the LSLR

Program, city-owned and customer-owned water service connections made with lead pipe will be replaced with copper services. In accordance with federal law, customers’ galvanized steel services that “are, were or could have ever been” downstream of a LSL are considered to be “lead” and are also replaced with copper.

CWD permitted lead to be used for both city-owned and customer-owned service connections installed from 1856-1953. Lead may have been used for connections that were 1-inch inside diameter (ID) or smaller.

In CWD’s system, lead was never known to be used for connections larger than 1-inch ID due to lead’s weight and the way pipes were made. CWD banned the use of lead for new water service connection installs beginning in 1954.

CWD has been replacing city-owned LSLs during most water main replacement and repair projects since

1953. Additionally, during cleaning and lining projects, clogged city-owned service connections were replaced with copper. In October 2018, Cleveland Water began replacing customer-owned lead services with copper (free of charge) when the city-owned portion was disturbed. Additionally, when a customer notifies CWD that they are replacing the customer-owned portion of a service line CWD will replace the city-owned portion with copper at the same time if our portion is lead. In July 2021, CWD began the system-wide replacement of all LSLs at all state-licensed childcares in our service area. In February 2022, CWD began treating galvanized steel customer services that “are, were or could have ever been” connected to a city-owned lead service as if the galvanized was lead and replacing them when the city-owned is disturbed.

In August 2023, CWD began implementing the system-wide LSLR Program with Bipartisan Infrastructure

Legislation funding (BIL$). To note, for the rest of this paper, when “LSL” or “lead” is used in association with customer-owned material, both lead and galvanized steel requiring replacement per the Lead and

Copper Rule Revisions and the proposed Lead and Copper Rule Improvements (LCRR/LCRI) is implied.

Currently CWD is using BIL$ passed through the Ohio EPA’s Drinking Water Assistance Fund (DWAF) via an Ohio Water Development Authority (OWDA) loan to finance the LSLR Program Work. For LSLR

Program Years 1 and 2, CWD nominated and received BIL$ for projects to replace ~4,100 connections per year. Year 1 Work started in August 2023. Year 2 Work began in Q2 2024. For Year 3, CWD nominated projects for LSLR at more than 10,000 locations. It is anticipated that future years’ replacement will align with proposed Year 3 Work. The scope of this project includes providing field construction liaisons and office support services for LSLR Program Work.

Field Construction Liaisons

Up to approximately 20 Field Construction Liaisons per day will be needed. The number needed per day will depend on the number of LSLRs scheduled per day and the locations of those replacements. At least

12 per day, and up to approximately 20, will be needed as CWD ramps up to the number of LSLRs required yearly to achieve proposed federal law. Field Construction Liaisons will be responsible for inspecting contractor-performed LSLR work as it progresses and ensuring contractors are following LSLR Program specs and CWD/OSHA safety standards. These staff will also serve as the community liaisons to answer residents’ questions about LSLR work, deliver notifications about upcoming LSLR work, participate in neighborhood meetings with CWD LSLR Program staff, enter customers’ homes/buildings to verify customer-owned service line material, help locate property owners, and obtain authorization for customer-owned service line replacements. This work will include distributing water pitcher filter kits, water sample kits, education materials and answering customers’ questions about these items and the LSLR process. The work will include properly operating hydrants and valves, taking water samples from hydrants, and performing other tasks related to preparing, documenting and reviewing LSLR work, and communicating about the LSLR Program. Work will be documented in CWD’s work management system (currently

Cityworks) and other methods as assigned. Working hours will generally be Monday to Friday, between the hours of 7 a.m. to 5 p.m. Work may also be required during evenings, weekends and some holidays with some work days being shorter or longer than a traditional 8-hour work day. These positions will primarily be remote fieldwork, with location assignments distributed by email to staff each morning. In general, a field staff will be paired with a contractor/foreman(s) while that contractor works on a street segment to replace all LSLs. One Field Construction Liaison will be expected to cover multiple LSLRs per day when in the field. At times Field Construction Liaisons may be required to work at a provided work station at a CWD facility in the preparation and review of LSLR work. Limited travel to and from CWD buildings may be required to pick up supplies such as filter kits, water sample kits and customer education materials. Field Construction Liaisons will be required to attend periodic in-person meetings (generally quarterly) and/or online meetings/trainings as deemed necessary. Field Construction Liaisons will need to provide their own transportation, along with their own tablet or other electronic device(s) in order to take photographs/videos and upload such documentation into CWDs work management system. These positions will report directly to CWD’s LSLR Program management staff. It is expected that Field Construction

Liaisons will have/maintain an OSHA10 Certification with an OSHA30 Certification preferred.

LSLR Program Support

One to four professional services staff positions may be needed to assist with customer notifications and communications, and tracking of this information as required by state and federal law. The work will include creating mail merge documents, printing letters, preparing customer mailings, answering phones and responding to customers’ questions using prepared talking points, responding to emails using prepared email templates, creating and reviewing work orders, adding PDFs and photos of permits and customer-replacement agreements to work orders, helping maintain the inventory of LSLR-related educational materials, locating contact information for property owners, and obtaining authorization for customer-owned service line replacements. The positions will report directly to CWD’s LSLR Program management staff and be expected to work primarily in-office at a CWD facility using a CWD provided workstation.

While more than 95% of the work will be in an office setting, these staff will be expected to participate in field-training so they can observe the LSLR process in order to be able to better respond to customers’ questions. As needed, they will need to be able to participate in neighborhood meetings with CWD LSLR

Program staff, enter customers’ homes/buildings to verify customer-owned service line material, and distribute pre-construction notices and other LSLR-related literature. Working hours will generally be

Monday to Friday, between the hours of 7 a.m. and 5 p.m. Work may also be required during evenings, weekends and some holidays with some workdays being shorter or longer than a traditional 8-hour work day.

The City reserves the right to modify the scope of services at any time before execution of a contract to add, delete, or otherwise amend any item(s), as it deems necessary, in its sole judgment, and in the best interest of the City.

2.4. PROJECT SCHEDULE AND DELIVERABLES

It is expected that a contract shall be signed with the selected firm by Q1 2025. As soon as funding is in place the NTP will be issued with the onboarding/training of professional services staff as follows: at least

12 field staff to occur immediately thereafter and concurrently. The training of office support staff and additional field staff (as needed) will follow. The LSLR contract will be kept open until all funds in the contract are exhausted.

All Work shall conform to CWD standards. On a daily and ongoing basis, documentation of completed work shall be submitted to CWD as requested. CWD reserves the right to modify the list of deliverables at any time to add, delete, or otherwise amend any report or other deliverable, as it deems necessary, in its sole judgment, and in the best interest of CWD.

DPU intends to award one or more contracts, with a contract term of three years, with one, one-year option to renew upon issuance of Notice to Proceed.

2.5. PROPOSAL REQUIREMENTS

Proposal Submission

A. Each proposer shall submit its proposal in the number, form, and manner, and by the date and time and at the location required as instructed in these specifications and recorded in the OpenGov portal.

1. Each proposer shall provide all information requested in this RFP. The proposer must organize its proposal package to address each of the elements in this RFP in the order listed in the section, Proposal Contents. The proposer should carefully read all instructions and requirements and furnish all information requested. If a proposal does not comply with all terms, conditions, and requirements for submittal, the City may consider it unacceptable and may reject it without further consideration.

2. The City wishes to promote the greatest feasible use of recycled and environmentally sustainable products and minimize waste in its operations. To that end, all proposals should comply with the following guidelines: Unless absolutely necessary, copies should minimize or eliminate use of non-recyclable or non-reusable materials. Materials should be in a format permitting easy removal and recycling of paper. A proposer should, to the extent possible, use products consisting of or containing recycled content in its proposal including, but not limited to, folders, binders, clips, envelopes, boxes, etc. Do not submit any or a greater number of samples, attachments or documents not specifically requested.

3. If you find discrepancies or omissions in this RFP or if the intended meaning of any part of this

RFP is unclear or in doubt, send a written request for clarification via OpenGov.

B. The City’s Rights and Requirements

1. The Director, at his/her sole discretion, may require any Proposer to augment or supplement its proposal or to meet with the City’s designated representatives for interview or presentation to further describe the Proposer’s qualifications and capabilities. The requested information, interview, meeting, or presentation shall be submitted or conducted, as appropriate, at a time and place the Director specifies.

2. The City reserves the right, at its sole discretion, to reject any proposal that is incomplete or unresponsive to the requests or requirements of this RFP. The City reserves the right to reject any or all proposals and to waive and accept any informality or discrepancy in the proposal or the process as may be in the City’s best interest.

3. Proposal as a Public Record

Under the laws of the State of Ohio, all parts of a proposal, other than trade secret or proprietary information and the fee proposal, may be considered a public record which, if properly requested, the City must make available to the requester for inspection and copying. Therefore, to protect trade secret or proprietary information, the Proposer should clearly mark each page - but only that page - of its proposal that contains that information.

The City will notify the proposer if such information in its proposal is requested, but cannot, however, guarantee the confidentiality of any proprietary or otherwise sensitive information in or with the proposal. Blanket marking of the entire proposal as

“proprietary” or “trade secret” will not protect an entire proposal and is not acceptable.

4. Cleveland Area Business Code

Requirements. During performance of this Agreement, Contractor shall comply with all applicable requirements of the Cleveland Area Business Code, Chapter 187 of the Codified

Ordinances of Cleveland, Ohio, 1976 (“C.O.”), and any Regulations promulgated under the Code, which Code and Regulations are incorporated into and made part of this RFP by this reference as fully as if rewritten in it or attached. Specifically, compliance under any resulting agreement shall include, but not be limited to, the Contractor’s:

A. Compliance with its proposal representations regarding CSB, MBE, and/or FBE participation in performance of the Agreement;

B. Compliance and cooperation with Project Monitors, whether from the Mayor’s

Office of Equal Opportunity (the “OEO”) or the contracting department;

C. Accurate, complete, and on-time submission of all reports, forms, and documents including, but not limited to, employment reports, certified payrolls, monitoring forms, and other information the Director of the OEO may require, whether in printed or electronic form, to ascertain and verify Contractor’s compliance; and

D. Attendance at and participation in all required project meetings, including OEO compliance meetings, and progress meetings called by the contracting department director(s) at key intervals during performance of the contract services (e.g. 25% completion, 50% completion, 75% completion).

Failure to Comply. When determining the contractor’s future eligibility for a City contract, the City shall consider a contractor’s failure to comply with the representations of its proposal and the requirements under the Code as a failure to faithfully perform a contract.

A. Under the Cleveland Area Business Code, the City of Cleveland is firmly committed to assisting Minority Business Enterprises (MBEs), Female Business

Enterprises (FBEs), and Cleveland- area small businesses (CSBs) by providing and enhancing economic opportunities to participate in City contracts. The successful proposer for a contract will be a firm that shares that commitment. Accordingly, a proposer is strongly encouraged to utilize the services of qualified MBE/FBE/CSB sub-consultants that are certified by the Mayor’s Office of Equal Opportunity (the “OEO”) in its proposal.

B. The standard subcontracting goal for professional services contracts is 10%

Cleveland Area Small Business (“CSB”) subcontractor participation. Please review the attached Office of Equal Opportunity documents to ascertain the goal for the proposed contract. Proposers are required to make a good-faith effort to subcontract portions of the work to certified MBE, FBE, and CSB firms, consistent with the subcontracting goal(s) applicable to this RFP.

C. To document its good-faith effort to utilize certified MBE, FBE and CSB sub-consultants, each proposer must complete Schedules 1 through 4 found in the Cleveland

Area Business Code - Notice to Bidders and Schedules. These schedules identify the

Proposer’s proposed use of MBE, FBE and CSB sub-consultants on the project, which evidences the proposer’s good-faith effort to obtain the participation of certified sub-consultants. The Proposer shall submit the completed forms with its proposal and they will be forwarded to the City’s Office of Equal Opportunity for evaluation. Failure to submit complete schedules may result in the rejection of a proposal.

D. Proposers may obtain a listing of firms certified by the OEO as CSBs, MBEs and

FBEs by checking the City’s website at cleveland.diversitycompliance.com, where you will find a selection for CSB/MBE/FBE Registry.

E. Proposers are responsible for obtaining the most current list and for contacting potential CSB/MBE/FBE sub-consultants. The City assumes no responsibility for matching prime consultants with qualified, certified MBE, FBE, and/or CSB sub-consultants.

F. The City Office of Equal Opportunity will monitor participation of MBE, FBE, and/or CSB sub-consultants throughout the duration of the engagement or project. The successful proposer, as contractor, will be responsible for providing the OEO with all information necessary to facilitate this monitoring.

G. The Cleveland Area Business Code, any Regulations promulgated under the Code, and the OEO Notice to Bidders & Schedules are, by this reference, incorporated in and made part of this solicitation and any resulting contract as fully as if written in it or attached.

H. The successful proposer, as contractor, will be required to comply with all terms, conditions, and requirements imposed on a “contractor” in the following Equal

Opportunity Clause, Section 187.22(b) of the Cleveland Codified Ordinances, and shall make the Clause part of every subcontract or agreement entered into for services or goods and binding on all persons and firms with which the proposer may deal, as follows: No

Contractor shall discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status. Contractors shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status. As used in this chapter, “treated” means and includes without limitation the following: recruited whether by advertising or other means; compensated, whether in the form of rates of pay or other forms of compensation; selected for training, including apprenticeship, promoted, upgraded, demoted, transferred, laid off and terminated. Contractors shall post in conspicuous places available to employees and applicants for employment, notices to be provided by the hiring representative of contractors setting forth the provisions of this nondiscrimination clause.

I. Within 60 calendar days after entering into a contract, the successful Proposer, as

Contractor, shall file a written affirmative action program with the OEO containing standards and procedures and representations assuring that the Contractor affords all qualified employees and applicants for employment equal opportunities in the

Contractor’s recruitment, selection, and advancement processes.

5. Term of Proposal’s Effectiveness By submission of a proposal, the Proposer agrees that its proposal will remain effective and eligible for acceptance by the City until the earlier of the execution of a final contract or 180 calendar days after the proposal submission deadline (the

“Proposal Expiration Date”).

6. Execution of a Contract The Successful Proposer shall, within ten (10) business days after receipt of a contract prepared by the City Director of Law, exclusive of Saturdays, Sundays and holidays, execute and return the contract to the City together with evidence of proper insurance and intent to conform to all requirements of the contract attached hereto or which are a part hereof and all applicable federal, state and local laws and ordinances prior to or at the time of execution of the contract.

7. “Short-listing” The City reserves the right to select a limited number (a “short list”) of

Proposers to make an oral presentation of their qualifications, proposed services, and capabilities. The City will notify the Proposers selected for oral presentations in writing.

8. Proposer’s Familiarity with RFP; Responsibility for Proposal By submission of a proposal, the Proposer acknowledges that it is aware of and understands all requirements, provisions, and conditions in and of this RFP and that its failure to become familiar with all the requirements, provisions, conditions, and information either in this RFP or disseminated either at a pre-proposal conference or by addendum issued prior to the proposal submission deadline, and all circumstances and conditions affecting performance of the services to be rendered by the successful proposer will not relieve it from responsibility for all parts of its Proposal and, if selected for contract, its complete performance of the contract in compliance with its terms.

Proposer acknowledges that the City has no responsibility for any conclusions or interpretations made by Proposer on the basis of information made available by the City. The City does not guarantee the accuracy of any information provided and Proposer expressly waives any right to a claim against the City arising from or based upon any incorrect, inaccurate, or incomplete information or information not otherwise conforming to represented or actual conditions.

C. Interpretation

The City is not responsible for any explanation, clarification, interpretation, representation or approval made concerning this RFP or a Proposal or given in any manner, except by written addendum. The City will mail, e-mail, or otherwise deliver one copy of each addendum issued, if any, to each individual or firm that requested and received a RFP. Any addendum is a part of and incorporated in this RFP as fully as if originally written herein.

2.6. QUALIFICATION FOR PROPOSAL

Each prime proposer, regardless of the form of its business entity, must meet the following requirements.

Failure to meet all requirements may be cause for rejection of a proposal. If proposer is a partnership or a joint venture, at least one general partner or constituent member must meet the requirements. Each proposer must:

A. Provide evidence that there is experience in providing requested services.

B. Be authorized to conduct business in the State of Ohio, County of Cuyahoga and the City of

Cleveland.

C. Possess or demonstrate that it qualifies for all applicable licenses, certificates, permits, or other authorizations required by any governmental authority, including the City, having jurisdiction over the operations of the successful proposer and the proposed services.

D. Submit with its proposal at least three written, verifiable, references dated within the last three months from clients for which the proposer has rendered services substantially similar to those sought by this RFP, and recommending proposer for selection for such services. City of Cleveland employees may not be used as references.

E. Insurance: The Successful Proposer, at its expense, shall at all times during the term of the contract resulting from this RFP, maintain the following insurance coverage. The insurance company(ies) providing the required insurance shall be authorized by the Ohio Department of Insurance to do business in Ohio and rated “A” or above by A. M. Best Company or equivalent. The Successful

Proposer, as contractor, shall provide a copy of the policy or policies and any necessary endorsements, or a substitute for them satisfactory to and approved by the Director of Law, evidencing the required insurances upon execution of the contract.

1. Professional liability insurance with limits of not less than $2,000,000.00 for the prime and

$1,000,000 for a sub-consultant for each occurrence shall be maintained for not less than two

(2) years after satisfactory completion and written acceptance of the services under the contract.

2. Workers’ compensation and employer’s liability insurance as provided under the laws of the

State of Ohio.

3. Statutory unemployment insurance protection for all of its employees.

4. Such other insurance coverage(s) as the City may reasonably require.

5. The City will not negotiate the “Limits of Liability.”

F. Corporate Status: When filling the forms supplied in Appendix C, the firm must clarify the following:

1. If a corporation, provide the state of incorporation, and the full name, title, and experience of each high-level corporate officer. If the proposer is not an Ohio corporation, please state whether or not the proposer is qualified to do business in the State of Ohio as a foreign corporation. A foreign corporation must provide evidence, prior to execution of a contract, that is qualified to do business in the State of Ohio or it must register with the Ohio Secretary of

State.

2. If the proposer is a sole proprietorship, state the name of the proprietor doing business.

3. If a partnership, state the full name, address and other occupation, if any, of each partner;

whether the partner is a general or limited partner, and whether active or passive; state each partner’s experience and the proportionate share of the business owned by each partner.

4. If a joint venture, state the name of each firm participating in the joint venture and each principal officer of each firm; each officer’s experience and the proportionate share of the joint venture owned by each joint venture partner.

2.7. PROPOSEL CONTENTS

Each proposal shall consist of two parts – the technical proposal and the fee proposal. The technical proposal which shall be no longer than a total of 50 pages. Page size shall be 8.5x11 inch (11x17 inch pages may be used for graphical representations but each will be counted as two pages). Font size shall be no less than 12

pt. Tabs and dividers are excluded from the page count. A single sheet which is printed on both sides will be counted as two printed pages. There is no limit on the page count for the fee proposal.

Submit the proposals as outlined in OpenGov.

Each proposal shall include the following parts tabs.

A. Cover Letter: The cover letter shall identify and introduce the Proposer and provide other general information

B. Executive Summary: The Executive Summary should provide a concise summary of Proposer’s level of expertise and relevant experience and ability to meet the requirements of this RFP. The

Summary should be organized so it can serve as a stand-alone summary apart from the remainder of the proposal.

C. Exceptions: Proposer shall itemize any exceptions it has to the RFP. If it has no exceptions to or deviations from any part of this RFP, it shall so state on an “Exceptions” page.

D. Qualifications: In the Qualifications section, each Proposer should state in detail its qualifications, and experience, and how its services and/or products are unique and best suited to meet the requirements and intent of this RFP. Please provide a brief description of three recent projects and three verifiable references.

E. Staffing: Must include an organizational chart for the project, and brief resumes of key personnel.

Company affiliation and location of individual should be clearly denoted.

F. Local Office: Local presence is valued by CWD. Please describe the strength of the firm’s local office and provide the staff proximity table shown in Appendix B. Insert at the end of your technical proposal.

G. CWD Questions: CWD Engineering staff have proposed a number of questions (included in

Appendix B) that require written answers. Please attach your answers (no more than one page per question) together with the Proximity Table at the end of your technical proposal.

H. Work Plan: This section is included to provide the engineering firm an opportunity to elaborate on its understanding of the upcoming work, and briefly describe its design, construction management and quality control methods.

I. Environmental Sustainability: Provide some options for environmental sustainability in the project.

J. Fee Proposal: Proposer should submit its fee proposal for all its services. Itemize the fee by project phase or other divisible unit completed, in dollars and percentage, or by deliverable. Proposer shall provide its best estimate of expenses including but not limited to travel and associated expenses.

No qualification of the financial offer will be accepted. The fee proposal shall be a firm and final amount including the costs and expenses for all anticipated services.

1. The Fee Proposal shall consist of two fee tables (Appendix C) and the following forms included in Appendix D:

o The Office of Equal Opportunity (OEO) Schedules 1 to 4, o Federal Form W-9 including Taxpayer Identification Number, o Vendor Entry Form, o Affidavit, o Non-competitive Bid Contract Statement for Calendar Year 2024, o Northern Ireland Fair Employment Practices Disclosure.

k. Financial Information: This information is not required with the technical proposal. However, CWD reserves the right to request financial information from shortlisted firms. This may include

(but not be limited to) balance sheet and income statements for two fiscal years, prepared in accordance with generally accepted accounting principles.

2.8. THE CITY'S RIGHTS AND REQUIREMENTS

A. The Director, at his/her sole discretion, may require any proposer to augment or supplement its proposal or to meet with the City’s designated representatives for interview or presentation to further describe the proposer’s qualifications and capabilities. The requested information, interview, meeting, or presentation shall be submitted or conducted, as appropriate, at a time and place the Director specifies.

B. The City reserves the right, at its sole discretion, to reject any proposal that is incomplete or unresponsive to the requests or requirements of this RFP. The City reserves the right to reject any or all proposals and to waive and accept any informality or discrepancy in the proposal or the process as may be in the City’s best interest.

C. Proposal as a Public Record Under the laws of the State of Ohio, all parts of a proposal, other than trade secret or proprietary information and the fee proposal may be considered a public record which, if properly requested, the City must make available to the requester for inspection and copying. Therefore, to protect trade secret or proprietary information, the proposer should clearly mark each page - but only that page - of its proposal that contains that information. The City will notify the proposer if such information in its proposal is requested, but cannot, however, guarantee the confidentiality of any proprietary or otherwise sensitive information in or with the proposal. Blanket marking of the entire proposal as “proprietary” or “trade secret” will not protect an entire proposal and is not acceptable.

D. Cleveland Area Business Code Requirements During performance of this Agreement, Contractor shall comply with all applicable requirements of the Cleveland Area Business Code, Chapter 187 of the Codified

Ordinances of Cleveland, Ohio, 1976 (“C.O.”), and any Regulations promulgated under the Code, which Code and Regulations are incorporated into and made part of this RFP by this reference as fully as if rewritten in it or attached. Specifically, compliance under any resulting agreement shall include, but not be limited to, the Contractor’s:

o Compliance with its proposal representations regarding CSB, MBE, and/or FBE participation in performance of the Agreement;

o Compliance and cooperation with Project Monitors, whether from the Mayor’s Office of

Equal Opportunity (the “OEO”) or the contracting department;

o Accurate, complete, and on-time submission of all reports, forms, and documents including, but not limited to, employment reports, certified payrolls, monitoring forms, and other information the Director of the OEO may require, whether in printed or electronic form, to ascertain and verify Contractor’s compliance; and o Attendance at and participation in all required project meetings, including OEO compliance meetings, and progress meetings called by the contracting department director(s) at key intervals during performance of the contract services.

Failure to Comply When determining the contractor’s future eligibility for a City contract, the City shall consider a contractor’s failure to comply with the representations of its proposal and the requirements under the Code as a failure to faithfully perform a contract.

i. Under the Cleveland Area Business Code, the City of Cleveland is firmly committed to assisting Minority Business Enterprises (MBEs), Female Business Enterprises

(FBEs), and Cleveland- area small businesses (CSBs) by providing and enhancing economic opportunities to participate in City contracts. The successful proposer for a contract will be a firm that shares that commitment. Accordingly, a proposer is strongly encouraged to utilize the services of qualified MBE/FBE/CSB sub-consultants that are certified by the Mayor’s Office of Equal Opportunity (the

“OEO”) in its proposal.

ii. The standard subcontracting goal for professional services contracts is 10%

Cleveland Area Small Business (“CSB”) subcontractor participation. Please review the attached Office of Equal Opportunity documents to ascertain the goal for the proposed contract. Proposers are required to make a good-faith effort to subcontract portions of the work to certified Minority Business Enterprise (“MBE”), Female

Business Enterprise (“FBE”), and CSB firms, consistent with the subcontracting goal(s) applicable to this RFP.

iii. To document its good-faith effort to utilize certified MBE, FBE and CSB sub-consultants, each proposer must complete Schedules 1 through 4 found in the Cleveland Area Business Code - Notice to Bidders and Schedules. These schedules identify the proposer’s proposed use of MBE, FBE and CSB sub-consultants on the project, which evidences the proposer’s good-faith effort to obtain the participation of certified sub-consultants. The proposer shall submit the completed forms with its proposal and they will be forwarded to the City’s Office of

Equal Opportunity for evaluation. Failure to submit complete schedules may result in the rejection of a proposal.

Proposers may obtain a listing of firms certified by the OEO as CSBs, MBEs and

FBEs by checking the City’s website at http://www.clevelandohio.gov On the home page, select “Office of Equal Opportunity” from the drop-down menu of City departments. On the Office of Equal Opportunity page, you will find a selection in the left-hand column for “CSB/MBE/FBE Registry”.

Proposers are responsible for obtaining the most current list and for contacting potential CSB/MBE/FBE sub-consultants. The City assumes no responsibility for matching prime consultants with qualified, certified MBE, FBE, and/or CSB sub-consultants.

The City Office of Equal Opportunity will monitor participation of MBE, FBE, and/or CSB sub-consultants throughout the duration of the engagement or project. The successful proposer, as contractor, will be responsible for providing the

OEO with all information necessary to facilitate this monitoring.

The Cleveland Area Business Code, any Regulations promulgated under the Code, and the OEO Notice to Bidders & Schedules are, by this reference, incorporated in and made part of this solicitation and any resulting contract as fully as if written in it or attached.

iv. The successful proposer, as contractor, will be required to comply with all terms, conditions, and requirements imposed on a “contractor” in the following Equal

Opportunity Clause, Section 187.22(b) of the Cleveland Codified Ordinances, and shall make the Clause part of every subcontract or agreement entered into for services or goods and binding on all persons and firms with which the proposer may deal, as follows: No Contractor shall discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status. Contractors shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status. As used in this chapter, “treated” means and includes without limitation the following: recruited whether by advertising or other means;

compensated, whether in the form of rates of pay or other forms of compensation;

selected for training, including apprenticeship, promoted, upgraded, demoted, transferred, laid off and terminated. Contractors shall post in conspicuous places available to employees and applicants for employment, notices to be provided by the http://www.city.cleveland.oh.us/ hiring representative of contractors setting forth the provisions of this nondiscrimination clause.

E. Term of Proposal’s Effectiveness.

By submission of a proposal, the proposer agrees that its proposal will remain effective and eligible for acceptance by the City until the earlier of the execution of a final contract or 180 calendar days after the proposal submission deadline (the “Proposal Expiration Date”).

F. Execution of a Contract.

The successful proposer shall, within ten (10) business days after receipt of a contract prepared by the City Director of Law, exclusive of Saturdays, Sundays and holidays, execute and return the contract to the City together with evidence of proper insurance and intent to conform to all requirements of the contract. Attached hereto or which are a part hereof and all applicable federal, state and local laws and ordinances prior to or at the time of execution of the contract.

G. Short-listing The City reserves the right to select a limited number (a “short list”) of proposer’s to make an oral presentation of their qualifications, proposed services, and capabilities. The City will notify the proposers selected for oral presentations in writing.

H. Proposer’s Familiarity with RFP; Responsibility for Proposal By submission of a proposal, the proposer acknowledges that it is aware of and understands all requirements, provisions, and conditions in and of this RFP and that its failure to become familiar with all the requirements, provisions, conditions, and information either in this RFP or disseminated either at a pre-proposal conference or by addendum issued prior to the proposal submission deadline, and all circumstances and conditions affecting performance of the services to be rendered by the successful proposer will not relieve it from responsibility for all parts of its

Proposal and, if selected for contract, its complete performance of the contract in compliance with its terms. Proposer acknowledges that the City has no responsibility for any conclusions or interpretations made by proposer on the basis of information made available by the City. The City does not guarantee the accuracy of any information provided and proposer expressly waives any right to a claim against the City arising from or based upon any incorrect, inaccurate, or incomplete information or information not otherwise conforming to represented or actual conditions.

I. Interpretation The City is not responsible for any explanation, clarification, interpretation, representation or approval made concerning this RFP or a Proposal or given in any manner, except by written addendum. The City will mail, e-mail, or otherwise deliver one copy of each addendum issued, if any, to each individual or firm that requested and received a RFP. Any addendum is a part of and incorporated in this RFP as fully as if originally written herein.

2.9. Equal Opportunity Requirements

During performance of this Agreement, Contractor shall comply with all applicable requirements of the Cleveland Area Business Code, Chapter 187 of the Codified Ordinances of Cleveland, Ohio, 1976 (“C.O.”), and any Regulations promulgated under the Code, which Code and Regulations are incorporated into and made part of this RFP by this reference as fully as if rewritten in it or attached. Specifically, compliance under any resulting agreement shall include, but not be limited to, the Contractor’s:

• Compliance with its proposal representations regarding CSB, MBE, and/or FBE participation in performance of the Agreement;

• Compliance and cooperation with Project Monitors, whether from the Mayor’s Office of Equal

Opportunity (the “OEO”) or the contracting department;

• Accurate, complete, and on-time submission of all reports, forms, and documents including, but not limited to, employment reports, certified payrolls, monitoring forms, and other information the Director of the OEO may require, whether in printed or electronic form, to ascertain and verify Contractor’s compliance; and

• Attendance at and participation in all required project meetings, including OEO compliance meetings, and progress meetings called by the contracting department director(s) at key intervals during performance of the contract services (e.g. 25% completion, 50% completion, 75% completion).

Failure to Comply- When determining the contractor’s future eligibility for a City contract, the City shall consider a contractor’s failure to comply with the representations of its proposal and the requirements under the Code as a failure to faithfully perform a contract.

• Under the Cleveland Area Business Code, the City of Cleveland is firmly committed to assisting

Minority Business Enterprises (MBEs), Female Business Enterprises (FBEs), and Cleveland- area small businesses (CSBs) by providing and enhancing economic opportunities to participate in

City contracts. The successful proposer for a contract will be a firm that shares that commitment. Accordingly, a proposer is strongly encouraged to utilize the services of qualified

MBE/FBE/CSB sub consultants that are certified by the Mayor’s Office of Equal Opportunity

(the “OEO”) in its proposal.

• The standard subcontracting goal for professional services contracts is 10% Cleveland Area Small

Business (“CSB”) subcontractor participation. Please review the attached Office of Equal

Opportunity documents to ascertain the goal for the proposed contract. Proposers are required to make a good-faith effort to subcontract portions of the work to certified Minority Business

Enterprise (“MBE”), Female Business Enterprise (“FBE”), and CSB firms, consistent with the subcontracting goal(s) applicable to this RFP.

• To document its good-faith effort to utilize certified MBE, FBE and CSB sub consultants, each proposer must complete Schedules 1 through 4 found in the Cleveland Area Business Code -

Notice to Bidders and Schedules. These schedules identify the Proposer’s proposed use of MBE, FBE and CSB sub-consultants on the project, which evidences the proposer’s good-faith effort to obtain the participation of certified sub-consultants. The Proposer shall submit the completed forms with its proposal and they will be forwarded to the City’s Office of Equal Opportunity for evaluation. Failure to submit complete schedules may result in the rejection of a proposal

• Proposers may obtain a listing of firms certified by the OEO as CSBs, MBEs and FBEs by checking the City’s website. Proposers are responsible for obtaining the most current list and for contacting potential CSB/MBE/FBE sub consultants. The City assumes no responsibility for matching prime consultants with qualified, certified MBE, FBE, and/or CSB sub-consultants.

• The City Office of Equal Opportunity will monitor participation of MBE, FBE, and/or CSB sub-consultants throughout the duration of the engagement or project. The successful proposer, as contractor, will be responsible for providing the OEO with all information necessary to facilitate this monitoring.

• The Cleveland Area Business Code, any Regulations promulgated under the Code, and the OEO

Notice to Bidders & Schedules are, by this reference, incorporated in and made part of this solicitation and any resulting contract as fully as if written in it or attached.

• The successful proposer, as contractor, will be required to comply with all terms, conditions, and requirements imposed on a “contractor” in the following Equal Opportunity Clause, Section

187.22(b) of the Cleveland Codified Ordinances, and shall make the Clause part of every subcontract or agreement entered into for services or goods and binding on all persons and firms with which the proposer may deal, as follows: No Contractor shall discriminate against any employee or applicant for employment because of race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status. Contractors shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to race, religion, color, sex, sexual orientation, national origin, age, disability, ethnic group or Vietnam-era or disabled veteran status.