San_Joaquin_Valley_Air_Quality_Planning_and_Coordination.pdf

REQUEST FOR PROPOSAL

2025-RFP-005

SAN JOAQUIN VALLEY AIR QUALITY PLANNING AND

COORDINATION

San Joaquin Council of Governments

555 E Weber Avenue

Stockton, CA 95202-2804

RELEASE DATE: October 17, 2024

DEADLINE FOR QUESTIONS: November 8, 2024

RESPONSE DEADLINE: November 22, 2024, 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

San Joaquin Valley Air Quality Planning and Coordination

I. Notification II. Introduction

III. Scope of Work IV. Proposal Requirements and Submittal V. General Information

VI. Selection Process/Contract Award VII. Evaluation Criteria

VIII. Federal Aid Provisions IX. Contract Provisions X. Bid Protest

XI. Vendor Submission

Attachments:

A - 10-I Notice to Proposers DBE Information (Information Only)

B - Exhibit 10-O1 - Consultant Proposal DBE Commitment

C - 15-H PROPOSER-CONTRACTOR GOOD FAITH EFFORTS

Request For Proposal #2025-RFP-005 Title: San Joaquin Valley Air Quality Planning and Coordination

1. Notification

To: All Interested Firms

From: Ryan Niblock, Programming and Project Management

Date: Thursday, October 17, 2024

Subject: San Joaquin Valley Air Quality Planning and Coordination

San Joaquin Council of Governments (SJCOG), is soliciting proposals from firms interested in conducting the San Joaquin Valley Air Quality Planning and Coordination.

Firms interested in providing the services described in the enclosed Request for Proposals (RFP) must submit a proposal by Friday, November 22, 2024 at 4:00 pm to the Council's e-Procurement Portal.

Bidders shall submit all inquiries regarding this bid via 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

This Request for Proposals (RFP) is being advertised by the San Joaquin Council of Governments (SJCOG) in order to hire a consultant to provide technical air quality planning and modeling services to facilitate consistency, compliance, and coordination in Valley-wide regional air quality planning between the eight

San Joaquin Valley Metropolitan Planning Organizations (MPO), Caltrans (Headquarters, and Districts 6 and 10), California Air Resources Board (CARB), Environmental Protection Agency (EPA), Federal

Highway Administration(FHWA), Federal Transit Administration (FTA), the San Joaquin Valley Unified Air

Pollution Control District (SJVUAPCD), the Eastern Kern Air Pollution Control District, as well as the local transportation agencies. This proposal requires a uniquely qualified consultant with substantial experience and understanding of both federal and state regulations for air quality planning, transportation conformity, modeling and the ability to work with numerous diverse agencies. These services will focus on Valley-wide air quality mandates (state and federal), issues, compliance and providing representation and technical air quality planning assistance to individual MPOs. While the consultant selected for the contract will report to the San Joaquin Valley Regional Planning Agencies

Directors’ Committee, SJCOG will take the lead on the RFP, administer the contract, and be the designated contact with the selected consultant. This contract will be performed under the guidance of the SJCOG project manager and the Regional Planning Agencies’ Directors’ Committee who represent the eight MPOs in the San Joaquin Valley Air Basin which include: Fresno Council of Governments, Kings

County Association of Governments, Kern Council of Governments, Madera County Transportation

Commission, Merced County Association of Governments, San Joaquin Council of Governments, Stanislaus Council of Governments, and Tulare County Association of Governments.

2.2. Background

The San Joaquin Valley Air Basin has significant air quality challenges. Due to the multi-jurisdictional and the multi-pollutant non-attainment designations of the San Joaquin Valley Air Basin, the Valley’s MPOs must work closely to coordinate Valley-wide compliance with the requirements of both the Federal and

State Clean Air Acts. Due to the unique requirements pertaining to multi-jurisdictional/multi-pollutant non-attainment status of the San Joaquin Valley MPOs, the individual action of one MPO may affect the compliance status of all other MPOs in the Valley. The consultant selected should have experience with the issues and challenges of dealing with the regulations relating to multi-jurisdictional/multi-pollutant non-attainment regions with significant air pollution issues.

In addition to being a member of the multi-jurisdictional San Joaquin Valley Air Basin, KernCOG also straddles the federally designated Mojave Desert Air Basin, portions of the Indian Wells Valley Planning

Area, and the portion of the San Joaquin Valley PM 10 non-attainment area that lies within the Kern

County APCD (this area is not included in the SJV 2007 PM-10 Maintenance Plan and has been labeled the Eastern Kern PM-10 Area). As a result, coordination with the Kern Air Pollution Control District is vital to the success of all eight San Joaquin Valley MPOs.

2.3. Contact Information

Ryan Niblock

Deputy Director, Programming & Project Delivery

555 e. Weber Ave

Stockton, CA 95202-2804

Email: niblock@sjcog.org

Phone: (209) 235-0588

Department:

Programming and Project Management

Department Head:

Ryan Niblock

Deputy Director

2.4. Timeline

Release Project Date October 17, 2024

Question Submission Deadline November 8, 2024, 4:00pm

Proposal Submission Deadline November 22, 2024, 4:00pm

Selection process/interviews optional Week of November 25 mailto:niblock@sjcog.org tel:(209)235-0588

San Joaquin Valley Regional Transportation

Agencies’ Directors’ Meeting (tentative)

December 5, 2024

SJCOG Policy Board approval (tentative) December 5, 2024

Initiation of Consultant contract (tentative) January 1, 2025

3. Scope of Work

3.1. Scope of Work

Task 1: Coordination

The coordination of communication and work products between and among the MPOs, SJVUAPCD, Eastern Kern APCD, Caltrans (Headquarters, and Districts 6 and 10), CARB, EPA, FHWA, FTA, and local transportation entities is vital, especially in a multi-jurisdictional area such as the San Joaquin Valley.

Conference Calls

The San Joaquin Valley Interagency Consultation (IAC) Group plays an essential role in facilitating communication between Valley MPOs and their planning partners. The IAC meetings also fulfill part of the formal transportation conformity interagency consultation requirements. Currently the IAC conducts communication via conference calls and electronic mail. MPO Directors are provided with copies of all agendas, minutes, work summaries, and issue papers. The consultant shall work closely with the IAC both via conference calls and electronic mail. The MPO Director’s shall be copied on IAC correspondence. The consultant in coordination with the project manager shall facilitate the IAC conference calls, including the preparation of agendas, and minutes for the conference calls. Calls shall include invited representatives from the eight Valley MPOs, SJVUAPCD, CARB, EPA, FHWA, FTA, Caltrans, and others as deemed appropriate by the contract manager or MPO Directors’ Committee. The conference calls focus on transportation and air quality issues, pertinent legislation, court case decisions, and any topics essential to the successful coordination of Valley transportation conformity.

The IAC conference calls are generally held quarterly, however meetings may be more or less frequent if authorized by the MPO’s Directors’ Committee or contract manager. Consultant in coordination with the project manager shall also facilitate MPO staff calls to ensure a coordinated and unified approach among the eight Valley MPOs regarding air quality issues.

San Joaquin Valley Regional Planning Agencies’ Directors’ Committee Meetings

San Joaquin Valley Regional Policy Council Meetings

The consultant shall participate, as needed, in monthly San Joaquin Valley Regional Planning Agencies’

Directors’ Committee Meetings and the quarterly San Joaquin Valley Regional Policy Council Meetings

(as deemed necessary by the Director’s Committee) and prepare a written summary of work completed in the last quarter, as well as provide appropriate issue papers or presentations. The quarterly work summary shall detail outstanding issues and items that need to be addressed, and shall indicate short term and long term priorities. The consultant may be asked to attend and make presentations during the annual San Joaquin Valley Policy Conference held by the MPO Directors’ Committee for its member agencies.

Transportation Conformity Interagency Consultation Process

Consultant shall participate, and ensure that the formal transportation conformity interagency consultation process is followed. Any regulatory changes shall be incorporated. Consultant shall make certain that the Valley-wide process is accurately and sufficiently documented.

Deliverables: Coordinating Meetings; Preparation of Agendas, Minutes, Quarterly Updates; Attendance at Meetings either in person or via Conference Call; and Work Products Essential to the Coordination of

Eight Valley MPOs

Task 2: Transportation Conformity

The consultant shall monitor and report on air quality legislation, current and proposed regulatory requirements and programs, and develop unified Valley positions on upcoming regulations and legislation. Consultant will participate in transportation conformity working groups at both the Valley and Statewide levels, either in person or via conference call. Consultant will represent the Valley at various meetings, workshops and public hearings at the request of the MPO Directors’ Committee and the project manager. Consultant shall provide summaries or briefings of the events to the MPO

Directors and/or project manager as applicable. Consultant will monitor compliance with transportation conformity regulations. Consultant shall provide technical assistance with the consistency and effectiveness of Regional Transportation Plans, Federal Transportation Improvement Programs, amendments, related environmental impact reports, implementation of applicable transportation control measures, and compliance with applicable State Implementation Plans (SIP). The consultant shall develop “boilerplate” document instructions to promote a coordinated Valley-wide approach on a variety of documents including timelines, processes and procedures, and various regulatory requirements. The consultant shall provide ongoing assistance with the development and review of

Reasonably Available Control Measures (RACM) and Best Available Control Measures (BACM) as required by air quality regulations of the SJVUAPCD, and/or the Environmental Protection Agency.

Deliverables: Conformity Analyses, Summaries, Position Papers, Analysis of Legislation

Task 3: Modeling

The consultant shall facilitate improved air quality model development, using appropriate assumptions, updated transportation data (inclusive of development of transportation data templates for use with

EMFAC), and monitoring model updates. The task involves monitoring of Valley-wide model development as well as CARB’s transportation model updates. Consultant shall verify the accuracy of the modeling data as it is developed and as the data is implemented into conformity budgets during State

Implementation Plan (SIP) development. Coordination and communication between the MPOs, CARB, SJVUAPCD, and Kern APCD on any model development issues must be addressed early in the process.

Deliverables: Conformity Budget Development, Updated Transportation Data and Model Improvements

Task 4: Ozone Planning

The San Joaquin Valley is a federally designated non-attainment area for ozone. The consultant shall facilitate emission inventory development, modeling, conformity budgets and control measure implementation as they relate to State Implementation Plan development. Consultant will monitor legislative changes as well as litigation that could impact the Valley MPOs.

Kern COG is also located in the federally designated non-attainment Mojave Desert (Eastern Kern

County) area for Ozone. The Mojave Desert non-attainment area lies within Eastern Kern Air Pollution

Control District. The consultant shall facilitate emission inventory development, modeling, conformity budgets and control measure implementation as they relate to State Implementation Plan (SIP) development. Consultant will monitor legislative changes as well as litigation that could impact the

Valley MPOs.

Deliverable: Support for Ozone SIP Development and Implementation

Task 5: Particulate Matter Planning

The San Joaquin Valley is a federally designated non-attainment area for particulate matter. The consultant shall facilitate emission inventory development, modeling, conformity budgets and control measure implementation as they relate to State Implementation Plan development. Consultant will monitor legislative changes as well as litigation that could impact the Valley MPOs.

Kern COG is also located in the Indian Wells Valley Planning area which is designated as a maintenance area for PM-10. The consultant shall facilitate emission inventory development, modeling, conformity budgets and control measure implementation as they relate to State Implementation Plan development.

Consultant will monitor legislative changes as well as litigation that could impact the Valley MPOs.

Deliverable: Support for Particulate Matter SIP Development and Implementation

Task 6: SB-375 (The Sustainable Communities and Climate Protection Act of 2008) Planning

Communication and coordination of SB-375 development activities amongst the 8 MPOs is vital to success. The consultant shall facilitate improved air quality model development, using appropriate assumptions, updated transportation data (inclusive of development of transportation data templates for use with EMFAC), and monitoring model updates. The task involves monitoring of Valley-wide model development and model development schedules; as well as CARB’s transportation model updates.

Consultant shall verify the accuracy of the modeling data as it is developed and as the data is implemented into Sustainable Community Strategies and CARB SB-375 Target setting activities.

Coordination and communication between the MPOs, CARB, and SJVUAPCD on any model development issues must be addressed early in the process.

Deliverables: Technical Support for SB-375 SCS Development and Implementation

Task 7: Individual Assistance

In coordination with the project manager, consultant shall provide technical assistance to individual

MPOs as needed for items that are of concern to all eight Valley MPOs. This task is anticipated to include drafting documents, providing support regarding air quality planning, modeling, and transportation conformity, and review of draft documents for accuracy and Valley-wide consistency.

In addition, consultant may be requested to provide individual MPO assistance with review of

PM10/PM2.5 hot spot assessments as necessary.

Deliverables: Will Depend on the Assistance Requested

Task 8: Monitor Valley-wide (MPO) Compliance with Federal and State Clean Air Act Requirements, Public Policy Assessment

It is vital that all of the Valley MPOs comply with the Federal Clean Air Act and the California Clean Air

Act requirements. Due to the unique multi-jurisdictional relationship of eight Valley MPOs, the individual action of one MPO may affect the compliance of all other MPOs in the Valley. The consultant shall develop/update “boilerplate” document instructions to promote a coordinated Valley-wide approach to a variety of documents including timelines, processes and procedures, and various regulatory requirements. Consultant shall track and report on air quality legislation and policies relevant to the San Joaquin Valley MPOs, and formulate a unified approach to address such legislation. Consultant shall coordinate legislative efforts and research with the San Joaquin Valley

Regional Policy Council and the Valley Legislative Affairs Committee. Consultant shall keep MPOs informed of changes to transportation and congestion policies, work to balance regional and local control with air quality needs, evaluate mobile source emission strategies and identify funding or other incentive programs as directed by the MPO Directors and contract manager.

Deliverables: Summaries, Position Papers, Analysis of Legislation

Task 9: Administration of Contract

Consultant shall prepare monthly progress reports, invoices and other documents necessary to the maintenance of the contract.

Deliverables: Progress Reports, Invoices and Documents to Maintain Contract

Task 10: Other

The MPO Directors recognize that in the ever changing and evolving area of air quality planning and transportation conformity, additional tasks not evident at the time this contract is awarded may be required. Legislative amendments, revisions to the Clean Air Act and scientific evaluation of the health effects of air pollutants may require additional tasks not previously listed. Upon direction of the MPO

Directors additional tasks, may be requested.

Deliverables: Will Depend on Direction Provided by MPO Directors’ Committee

3.2. Project Schedule

The selected consultant will be expected to perform all work necessary to complete the scope of work at the direction of the MPO Directors’ Committee and contract manager. The consultant will take primary direction from the MPO Directors’ Committee and the SJCOG contract manager. It is intended that all work will be completed in a timely manner meeting applicable deadlines.

3.3. Budget

The budget for this contract is not to exceed $175,000 per year. An additional $25,000 per year contingency amount is carried in the budget, subject to MPO Directors’ Committee authorization and approved by the MPO Directors’ Committee prior to expenditure of the additional $25,000.

3.4. Term of Contract

The term of the contract will be for one year, beginning January 1, 2025 and extending through

December 31, 2025. Following successful completion of the one year term, and with the mutual written agreement of the parties, the contract may be extended beyond December 31, 2025 for a maximum of three additional years, based on a one-year at a time approval by the MPO Directors’ Committee

(December 31, 2028).

4. Proposal Requirements and Submittal

All submittals must include the following:

4.1. Proposal Content and Form

The consultant is free to submit a response to this RFP in a sequence and format of their choosing if the end result is consistent with the stated intention of the project.

Proposal content and completeness are important. Clarity and conciseness will be considered in assessing the proposal. The Consultant Selection Committee will screen all consultant proposals submitted in response to this request. The committee will determine, through the screening process, which consultants will be invited (if deemed necessary) to make formal presentations and be interviewed by the selection committee. The Consultant Selection Committee reserves the right to make a final selection for recommendation to the Board of Directors without an interview.

Cover Letter

Include a letter describing the firm’s interest in providing the scope of services for the project. The person authorized by the firm to negotiate a contract with SJCOG shall sign the cover letter. Include the name, title, phone number, fax number and E-mail address of a contact person for the qualifications process.

Consultant Background

Provide the legal name and address of the consultant’s company as well as the address of the office where the project manager will reside and where a majority of the work will be performed. Include the number of years consultant’s company has been in business, the legal form of the company and any other relevant information concerning whether the consultant may or may not be financially capable of completing this project.

Experience and Technical Competence

Describe the consultant’s experience in completing similar consulting efforts. List three (3) successfully completed projects of a similar nature. For each completed project provide the name of the company and project manager the consultant performed work for, including telephone numbers, type of work performed, and dollar value of the contracts.

Knowledge and Understanding of Local Environment and Relevant Laws

Describe the consultant’s experience working in the local environment and proposed local presence for interfacing with San Joaquin Valley staff. The environment includes, but is not limited to: the eight

Valley MPOs, SJVUAPCD, Eastern Kern APCD, Caltrans, ARB, U.S. EPA, FHWA, FTA, and other local agencies’ regulations and policies. Describe the consultant’s experience with and knowledge of relevant

State and Federal laws.

Project Organization and Key Personnel

Describe project organization including identification and responsibilities of key personnel. Provide an organizational chart showing the relationship among firm members and the agencies involved in the project. Provide resumes of key personnel and sub-consultants proposed for the project. Describe similar work the team has completed. Describe the role of the project manager and key staff in that work. Provide three (3) references for the project manager and key team members from their work on similar projects including client’s name and telephone numbers. Indicate the work load of the project manager and key team members and their capacity to complete the scope of services.

Statement of Impartiality

The nature of this project requires an impartial unbiased approach on the part of the consultant team. This submittal shall include a statement declaring that the consultants and sub-consultants are not currently, and will not, during the performance of these services, participate in any other similar work involving a third party with interests currently in conflict or likely to be in conflict with the eight

San Joaquin Valley MPOs interests.

Cost Estimate

The budget for this project is $175,000. Provide an estimate of the total direct and indirect costs to complete all tasks identified in the scope of work. A detailed cost breakdown shall be provided identifying: 1) the number of staff hours and hourly rates for each professional and administrative staff person who will be committed to this project, including fringe and overhead costs; 2) an estimate of all other direct costs, such as materials and reproduction costs; and 3) an estimate of sub-consultant services if needed. No sub-consultant or other direct cost markup will be allowed. Direct costs will be reimbursed in accordance with the State of California rules, regulations, and limitations.

4.2. Proposal Submittal Process

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

Friday, November 22, 2024 at 4:00 pm via SJCOG e-Procurement Portal. The San Joaquin Council of

Governments 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. Proposals will not be accepted after the deadline.

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

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

4.3. Late Submittal:

SJCOG shall deem a proposal is late if received at any time after 4:00 pm on Friday, November 22, 2024.

This is a firm deadline and no submittals will be accepted after this time.

4.4. Disqualification

Failure to comply with the requirements of the RFP may result in disqualification. SJCOG is not responsible for finding, correcting, or seeking clarification regarding ambiguities or errors in submittals. If a submittal is found to contain ambiguities or errors, it may receive a lower score during the evaluation process. Errors and ambiguities in submittals, including project cost estimate, will be interpreted in the favor of SJCOG.

4.5. Amendments to RFP

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.

4.6. 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.

4.7. Signing of Proposal/Authorization to Negotiate

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

https://procurement.opengov.com/portal/sjcog name, title, address, and telephone number of individuals with authority to negotiate and contractually bind the company.

4.8. Modification or Withdrawals of Proposals

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

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

Addenda Notification and Acknowledgement: Proposers are required to register for an account via SJCOG e-Procurement Portal hosted by OpenGov Procurement. Once proposer has completed registration, you will receive addenda notifications to your email by clicking “Follow” on this project.

Ultimately, it is sole responsibility of each proposer to periodically check the site for any addenda at

Portal.

4.9. 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.

4.10. SJCOG Rights

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

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

• Issue subsequent Requests for Proposals;

• Cancel the entire Requests for Proposal;

• Remedy technical errors in the Request for Proposals process;

• Appoint an evaluation committee to review the proposals;

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

• Approve or disapprove the use of particular subconsultants;

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

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

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

• Award a contract to one or more 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.

4.11. 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.

4.12. Submitting Questions and Receiving Responses

Bidders shall submit all inquiries regarding this bid via SJCOG e-Procurement Portal. Please note the deadline for submitting inquiries Friday, November 8, 20244:00 pm. 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.

4.13. Solicitation Disclaimer

All documents become the property of SJCOG upon submission. Cost of preparing, submitting, and presenting qualifications and participating in an interview is at the sole expense of the consultant. SJCOG has the right to reject any or all of the submittals received as a result of this solicitation. Solicitation of submittals in no way obligates SJCOG to contract with any firm or individual. The decision to award a contract is at the discretion of the SJCOG Board of Directors.

5. General Information

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

5.1. Independent Capacity

Consultant and the agents and employees of Consultant, shall act in an independent capacity in the performance of this Agreement, and not as officers, employees or agents of SJCOG. No officer, member, or employee of SJCOG or other public official of the governing body of the locality or localities in which the work pursuant to this Agreement is being carried out, who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the aforesaid work shall:

1. Participate in any decision relating to this Agreement which affects his or her personal interest or the interest of any corporation, partnership, or association in which he has, directly or indirectly, any interest; or

2. Have any interest, direct or indirect, in this Agreement or the proceeds thereof during his or her tenure or for one year thereafter.

5.2. Covenant of No Interest

Consultant agrees to comply with SJCOG’s “Conflict of Interest Code.” Said Code has been adopted in accordance with the requirements of the Political Reform Act of 1974.

Consultant hereby covenants that it has, at the time of the execution of this Agreement, no interest, and that it shall not knowingly acquire any interest in the future, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed pursuant to this

Agreement. Consultant further covenants that in the performance of this work, no person having any such interest shall be employed. The term “conflict” shall include, at a minimum, the definition of a

“conflict of interest” under the California Fair Political Practices Act and SJCOG’s Conflict of Interest Code, as that term is applied to consultants.

In accomplishing the scope of services of this Agreement, Consultant may be performing a specialized or general service for the eight Valley MPOs, and there is a substantial likelihood that the Consultant’s work product will be presented, either written or orally, for the purpose of influencing a governmental decision. As a result, employees of the Consultant or the Consultant itself may be subject to disclosure pursuant to SJCOG’s Conflict of Interest Code. If in fact this applies to the Consultant a Statement of

Economic Interest, also known as a Form 700, must be filed.

5.3. Contract

SJCOG, in coordination with the eight Valley MPOs, and CONSULTANT will negotiate a final scope of services that will be part of the executed agreement.

5.4. 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. Consultant Selection Process

Consultant qualifications will be evaluated by a selection committee consisting of staff from the San

Joaquin Valley. The Selection Committee will evaluate the proposals based on the outlined content requirements described in Section II: Scope of Work. Each member of the Selection Panel will use the same evaluation criteria and categories to score the proposals. The proposals will be evaluated based on the following scoring criteria listed in "Evaluation Criteria."

The most promising firms may be invited to interview with the Selection Committee to explain their relevant experience, project understanding, and their approach to completing the project. The panel will rank the interviewed firms and recommend to the SJCOG Board of Directors that contract negotiations be initiated with the highest ranking firm. If negotiations with the highest ranking firm are unsuccessful, negotiations will be conducted with the next highest ranking firm. This process will be repeated until an acceptable contract is negotiated.

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. Scope of Work Creativity, Approach and

Understanding Points Based 35

(58.3% of Total)

2. Cost-Effectiveness Points Based 15 (25% of Total)

3. References Points Based 5 (8.3% of Total)

4. Cost Efficiency Points Based 5 (8.3% of Total)

8. Federal Aid Provisions

8.1. Required Federal-Aid Provisions

The proposing consultant’s services are federally-funded, which necessitate compliance with additional requirements. SJCOG has established a Disadvantaged Business Enterprise (DBE) program in accordance with 49 CFR Part 26. This project is subject to 49 CFR, Part 26 entitled “Participation by Disadvantaged

Business Enterprises in Department of Transportation Financial Assistance Programs”. Upon submission and award and through completion of the project, the successful proposing agency will be required to follow applicable federal-aid requirements and shall complete and submit as part of the agreement the following forms at the time of award or completion of project:

• Exhibit 10-I Notice to Proposers DBE Information (Information only)

• Exhibit 10-01 Consultant Proposal DBE Commitment

• Exhibit 15-H Proposer/Contractor Good Faith Efforts

These forms can be located in Attachments

DBEs and other small businesses are strongly encouraged to participate in the performance of contracts financed in whole or in part with federal funds. The consultant should ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.

Consultant shall demonstrate familiarity of providing services for federally-funded projects and have a clear understanding of requirements/needs to facilitate the project through Caltrans Local Assistance and Local Assistance Procedures Manual. More information on recent policy changes to the federal DBE

Program is available on Caltrans website at https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms

8.2. DBE Goal:

SJCOG has established a Disadvantaged Business Enterprise (DBE) program in accordance with 49 CFR

Part 26 and may utilize Federal Funds. This project is subject to 49 CFR, Part 26 entitled “Participation by

Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”.

Although DBE participation goals have not been set for the RFP, SJCOG encourages the participation of

DBEs, as defined in 49 CFR 26, in performing Agreements financed in whole or in part with federal funds.

Disadvantaged Business Enterprises(DBE) are encouraged to submit proposals to ensure the participation of DBEs in the performance of agreements financed in whole or in part with Federal Funds to achieve its federally mandated Statewide overall goal, as defined in 49 CFR 26. Consultants who obtain DBE participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE goal of 22.2%.

https://secure.procurenow.com/portal/sjcog/projects/118509/document?section=1085760 https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms https://dot.ca.gov/programs/local-assistance/forms/local-assistance-procedures-manual-forms

DBEs and other small businesses are strongly encouraged to participate in the performance of contracts financed in whole or in part with federal funds. The consultant should ensure that DBEs and other small businesses have the opportunity to participate in the performance of the work that is the subject of this solicitation and should take all necessary and reasonable steps for this assurance. The proposer shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of subcontracts. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.

Good Faith Efforts

The DBE policy requires contractors to follow Good Faith Effort Guidelines; however, they are limited to

UDBEs. UDBEs are limited to these certified DBEs that are owned and controlled by African Americans, Native Americans, Women, and Asian-Pacific Americans.

8.3. 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.

8.4. 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.

9. Contract Provisions

9.1. 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.

9.2. Local, State and Federal Requirements

All local, state and federal requirements identified 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.

9.3. Method of Payment

Payment to the selected consultant will be made upon successful completion of project tasks as invoiced by the consultant.

9.4. Invoicing/Payment Structure

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

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

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

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

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

Governments.

10. Bid Protest

10.1. 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.

10.2. 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.

10.3. 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.

10.4. 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.

10.5. 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…