REQUEST FOR PROPOSALS (RFP) For

Transcription

1 California Nevada Section of the American Water Works Association REQUEST FOR PROPOSALS (RFP) For California Water Loss Control Technical Assistance and Audit Validation For all questions about this RFP, please contact CA-NV AWWA Executive Director Timothy Worley at RELEASED ON: March 11, 2016 DUE ON: April 11, 2016 Not later than 9:00 am PDT

2 1. Introduction 1.1. Purpose of Procurement This Request for Proposals (RFP) is being issued to establish one or more contracts with one or more qualified contractor who will provide technical assistance to California water systems required by the Urban Water Management Planning Act (CWC et. Seq) and provisions of Chapter 679, Statutes of 2015 (Senate Bill 555) which added Section to the California Water Code which requires each urban retail water supplier, on or before October 1, 2017, and annually thereafter, to submit a completed and validated water loss audit report to the California State Department of Water Resources (DWR). The issuance of this RFP constitutes public notice as required under the Code of Federal Regulations (2 CFR Section subpart (d)). This RFP is being issued to find one or more contractors who will provide technical assistance and expert validation, as required by SB 555, to affected California water systems prior to the October 1, 2017 deadline. These urban water suppliers have been identified by DWR. The California Nevada Section of the American Water Works Association (CA-NV AWWA) reserves the right to modify the list of approximately 451 urban water suppliers if certain water systems are discovered to fall into or out of this range. A list of the urban water suppliers which are deemed currently eligible for this technical assistance can be found in Appendix B. The California State Water Resources Control Board, Division of Financial Assistance ( Water Board ) manages the Drinking Water State Revolving Fund (DWSRF) which provides funding for several non-project-related activities such as technical assistance to urban water suppliers. A source of funds for the DWSRF is the U.S. Government, through the Environmental Protection Agency (EPA), therefore Proposers must be aware and prepared to conform to federal as well as state of California requirements passed on to any subcontractor. CA-NV AWWA is approved to contract with the Water Board to provide a comprehensive program of training, technical review and assistance, and validation for the approximately 451 urban water systems to attain a basic level of competency with the water balance and audit concepts, and the free AWWA Water Audit Software (on which SB 555 is based). The scope of work associated with contract between the Water Board and CA-NV AWWA will be funded from the DWSRF Technical Assistance set-aside. Federal guidance states in pertinent part, A State may use these funds for activities such as supporting a State technical assistance team or contracting with outside organizations or other parties to provide technical assistance. To accomplish the required scope of work, CA- NV AWWA seeks to enter into a sub-agreement with one or more qualified contractors to perform technical assistance noted in Appendix D. CA-NV AWWA anticipates making a one-time award to the winning contractor or contractors in early April Completion of this work will be more clearly identified during the negotiation process and will be driven by the level of understanding of the AWWA Water Loss Audit methods and experience performing water loss audits from the estimated 451 urban water suppliers. CA-NV AWWA anticipates making a single award for this contract but will consider more than one awards if compelling reasons present themselves Overview of the RFP Process The objective of this RFP is to select a qualified technical assistance provider to provide the technical assistance and water audit validation services outlined in this RFP. This RFP process will be conducted to gather and evaluate responses from technical assistance providers for potential award. All qualified technical assistance providers are invited to participate by submitting responses, as further defined below. After evaluating all technical assistance providers responses received prior to the closing date of this RFP, CA-NV AWWA will begin the negotiation process with the highest qualified technical assistance provider. Final contract award(s) will be publicly announced thereafter. Page 2 of 45

3 1.3. Schedule of Events The schedule of events set out herein represents CA-NV AWWA s best estimate of the schedule that will be followed. However, delays to the procurement process may occur which may necessitate adjustments to the proposed schedule. If a component of this schedule, such as the close date, is delayed, the rest of the schedule may be shifted as appropriate. Any changes to the dates up to the closing date of the RFP will be publicly posted prior to the closing date of this RFP. After the close of the RFP, CA-NV AWWA reserves the right to adjust the remainder of the proposed dates, including the dates for evaluation, negotiations, award and the contract term on an as needed basis with or without notice. Description Date Time CA-NV AWWA to release Water Loss Audit Technical March 11, 2016 COB Assistance RFP Deadline for written questions sent via to the March 28, :00 pm PDT Issuing Officer referenced in Section 1.4. Responses to Written Questions April 1, :00 pm PDT RFP Period Closes; Review Period Begins April 11, :00 am PDT Notice of Award to Technical Assistance Contractor (on or April 15, about) Duration of contract will be aligned with the grant agreement CA-NV AWWA will have with the Water Board (see paragraph 1.5 below) Official Issuing Officer Timothy Worley CA-NV AWWA Ashford Street, 2 nd Floor Rancho Cucamonga, CA (909) tworley@ca-nv-awwa.org 1.5. Contract Term The initial term of the contract(s) shall be from the date of award until a date identified during the negotiation process and will be driven by the timeline and requirement of the water loss control contract between the Water Board and CA-NV AWWA. The contract(s) may be amended in writing from time to time by mutual consent of the parties. Unless this RFP states otherwise, the resulting award of the contract(s) does not guarantee volume or a commitment of funds. Points will not be provided to Proposers for the proposed timeframe of the work performed under the contract. The term of the contract and schedule for deliverables will be negotiated during the contract negotiation process, and is anticipated to align with urban water management planning deadlines. 2. Instructions to Proposers By submitting a response to the RFP, the Proposer is acknowledging that the Proposer: 1. Has read the information and instructions, and 2. Agrees to comply with the information and instructions contained herein. Page 3 of 45

4 2.1. General Information and Instructions Restrictions on Communicating with Staff From the issue date of this RFP until the final award is announced, Proposers are not allowed to communicate for any reason with any CA-NV AWWA staff concerning this RFP except through the Issuing Officer named herein. Prohibited communication includes but is not limited to telephonic communications, s, faxes, letters, or personal meetings such as lunch, or otherwise. CA-NV AWWA reserves the right to reject the response of any Proposer violating this provision Right to Request Additional Information - Proposer Responsibility Prior to an award, CA-NV AWWA must be assured that the selected Proposer has all of the resources to successfully perform under the contract. This includes, but is not limited to, adequate number of personnel with required skills, availability of appropriate equipment in sufficient quantity to meet the ongoing needs of CA-NV AWWA, financial resources sufficient to complete performance under the contract, and experience in similar endeavors. If, during the evaluation process, CA-NV AWWA is unable to assure itself of the Proposer s ability to perform, if awarded, CA-NV AWWA has the option of requesting from the Proposer any information deemed necessary to determine the Proposer s responsibility. If such information is required, the Proposer will be so notified and will be permitted approximately five (5) business days to submit the information requested Failing to Comply with Submission Instructions Responses received after the identified due date and time or submitted by any other means than those expressly permitted by the RFP will not be considered. Responses must be complete in all respects, as required in each section of this RFP Rejection of Responses; Right to Waive Immaterial Deviation CA-NV AWWA reserves the right to reject any or all responses, to waive any irregularity or informality in a response, and to accept or reject any item or combination of items, when to do so would be to the advantage of the CA-NV AWWA. It is also within the right of CA-NV AWWA to reject responses that do not contain all elements and information requested in this RFP. A response will be rejected if the statement contains any defect or irregularity and such defect or irregularity constitutes a material deviation from the RFP requirements, which determination will be made by CA-NV AWWA on a case-by-case basis CA-NV AWWA Right to Amend and/or Cancel the RFP CA-NV AWWA reserves the right to amend this RFP prior to the end date and time. Amendments will be made in writing and publicly posted as one or more addenda to the CA-NV AWWA website. EACH PROPOSER IS INDIVIDUALLY RESPONSIBLE FOR REVIEWING ADDENDA AND ANY OTHER POSTED DOCUMENTS AND MAKING ANY NECESSARY OR APPROPRIATE CHANGES AND/OR ADDITIONS TO THE PROPOSER S RESPONSE. ALL PROPOSERS ARE ENCOURAGED TO FREQUENTLY CHECK THE CA-NV AWWA WEBSITE FOR ADDITIONAL INFORMATION. Finally, CA- NV AWWA reserves the right to cancel this RFP at any time. Page 4 of 45

5 Costs for Preparing a Response Each response should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation. The cost for developing the response and participating in the procurement process is the sole responsibility of the Proposer. CA-NV AWWA will not provide reimbursement for such costs Americans with Disabilities Act (ADA) Guidelines CA-NV AWWA adheres to the guidelines set forth in the Americans with Disability Act (ADA). Proposers should contact the Issuing Officer at least one day in advance if they require special arrangements when attending meeting (if any) related to this procurement Public Access to Procurement Records PLEASE NOTE: Even though information (financial or other information) submitted by an Proposer may be marked as "confidential", "proprietary", etc., CA-NV AWWA will make its own determination regarding what information may or may not be withheld from disclosure. CA-NV AWWA does not guarantee the confidentiality of Proposer s information Submittal Instructions Listed below are key action items related to this RFP. The Schedule of Events in Section 1.3 identifies the proposed dates and time for these key action items. This portion of the RFP provides instructions regarding the process for reviewing the RFP, preparing a response to the RFP and submitting a response to the RFP RFP Released The release of this RFP is formally communicated through the posting of this RFP on the CA-NV AWWA website, with an electronic ( ) notice including hyperlink to known, potentially interested parties RFP Review The RFP consists of the following: 1. This document, entitled Request for Proposals (RFP), and 2. Any and all documents provided by CA-NV AWWA as attachments or addenda to the RFP or links contained within the RFP or its attached documents. Please carefully review all information contained in the RFP, including all documents available as attachments or addenda or available through links. Any difficulty accessing the RFP or opening provided links or documents should be reported immediately to the Issuing Officer (See Section 1.4) Submitting Questions All questions concerning this RFP must be submitted in writing via to the Issuing Officer. No questions other than written will be accepted. No response other than written will be binding upon CA-NV AWWA. All Proposers must submit questions by the deadline identified in the Schedule of Events in Section 1.3 for submitting questions. Proposers are cautioned that CA-NV AWWA may or may not elect to entertain late questions or questions submitted by any other method than as directed by this section. Page 5 of 45

6 All questions about this RFP must be submitted in the following format: Company Name Question #1 Question, Citation of relevant section of the RFP Question #2 Question, Citation of relevant section of the RFP All vendor questions and the corresponding answers will be posted to the CA-NV AWWA website as an official addendum to this RFP Preparing a Response When preparing a response, the Proposer must consider the following instructions: 1. The Proposer must ensure its response is accurate and readily understandable. 2. Each response should be prepared simply and economically, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete presentation. All information presented in response to this RFP must be included in the submitted response. There can be no information that is linked to a website that requires reviewers to access the website for consideration of content. Any such conditions will not be considered as part of the Response to the RFP. 3. The Proposer must label its response using the corresponding section numbers of the Proposal Requirements, so that the reviews can easily organize and navigate the Proposer s response Packaging the Response The Proposer's response, in response to this RFP, must include: Proposal Certification (Appendix A); Proposal (Requirements Outlined in Appendix C); and One-page resumes of all principal project team members Copies Required Proposer must provide the following number of copies: 1. Proposal: 2 hard copies, with one (1) marked Original with original signatures 2. Attachments (résumés of principal assigned personnel) 2 hard copies of each set Submitting the Response Mark the outside of shipping package as follows: Name of Proposer s Company Point of Contact for Company and Phone Number RFP Response - California Water Loss Control The Proposer s complete response must be received on or before the due date and time at the following location: CA-NV AWWA Ashford Street, 2 nd Floor Rancho Cucamonga, CA All responses will be time stamped by CA-NV AWWA upon receipt. Responses received after the due date and time will not be evaluated. Page 6 of 45

7 3. Proposer Information This section requests basic information concerning the Proposer and may establish certain minimum insurance, bonding, and/or other requirements the Proposer must meet to be considered eligible for award. Please read each section carefully Company Information The Proposer will provide the company name, company address and the name, telephone number, and address of the person(s) authorized to represent the company regarding all matters related to the response Disadvantaged Business Enterprises (DBE) It is the policy of the State of California and Federal government which is the source of funds under this contract, that small, minority-owned, and/or otherwise disadvantaged business enterprises shall have a fair and equal opportunity to participate. CA-NV AWWA encourages all disadvantaged business enterprises to compete for, win, and receive contracts for goods, services, and construction. Proposers are required to seek, and are encouraged to use, DBEs to fulfill the needs of this project. It is the desire and intent of CA-NV AWWA to award a fair share of this Project to DBEs. Certified DBE firms registered with the California Dept. of Transportation are listed at: The prime contractor for this project will be required to undertake Good Faith Efforts (GFE) as listed below, to ensure that DBEs have the opportunity to compete for work. 1. Ensure DBEs are made aware of contracting opportunities to the fullest extent practical through outreach and recruitment activities. 2. Make information on forthcoming opportunities available to DBEs. Posting solicitations for bids or proposals for a minimum of 30 calendar days before the fic opening date. 3. Consider in the contracting process whether firms competing for large contracts could subcontract with DBEs. 4. Encourage contracting with a group of DBEs when a contract is too large for one firm to handle individually. 5. Use the services and assistance of the SBE and/or Minority Business Development Agency (MBDA) of the U.S. Department of Commerce. 6. If the prime contractor awards subcontracts, require the prime contractor to take the above steps Standard Insurance Requirements MANDATORY: The Proposer s response must include the Proposer s affirmation to meet the following requirements. Failure to agree to meet the requirements identified below will result in rejection of the Proposer s response. Insurance Coverage: If awarded a contract, the Proposer shall secure and maintain in full force and effect, until the satisfactory completion of the contract, such insurance as will protect it and CA-NV AWWA in such a manner and in such amounts as set forth below. The insurance coverage premiums shall be paid by the Proposer. The failure to comply with these insurance requirements may constitute a material breach of contract, at the sole discretion of CA-NV AWWA Certificates of Insurance Prior to commencing services under Contract, and in any event no later than ten (10) calendar days after Contract execution, Proposer shall furnish CA-NV AWWA with Certificates of Insurance and endorsements verifying the insurance coverage required by Contract is in full force and effect. CA-NV AWWA reserves the right to require complete and accurate copies of all insurance policies required under this Contract. Page 7 of 45

8 Required Provisions: The insurance policies required by Contract shall include the following provisions or have them incorporated by endorsement(s): 1. Primary Coverage: The insurance policies provided by Proposer shall be primary insurance and any self-insured retention and/or insurance carried by or available to the CA-NV AWWA or its employees shall be excess and non-contributory coverage so that any self-insured retention and/or insurance carried by or available to the CA-NV AWWA shall not contribute to any loss or expense under Proposer s insurance. 2. Additional Insured: The policies of insurance provided by Proposer, except Workers' Compensation and Professional Liability, shall include as additional insureds: CA-NV AWWA, its directors, officers, employees, and agents when acting in their capacity as such in conjunction with the performance of this Agreement. Such policies shall contain a "severability of interests" provision, also known as "Cross liability" or "separation of insured". 3. Cancellation: Each certificate of insurance and insurance policy shall provide that the policy may not be non-renewed, canceled (for reasons other than non-payment of premium) or materially changed without first giving thirty (30) days advance written notice to CA-NV AWWA, or ten (10) days advance written notice in the event of cancellation due to non-payment of premium. 4. Waiver of Subrogation: The insurance policies provided by Proposer shall contain a waiver of subrogation against CA-NV AWWA, its directors, officers, employees and agents for any claims arising out of the services performed under this Contract by Proposer. 5. Claim Reporting: Proposer shall not fail to comply with the claim reporting provisions or cause any breach of a policy condition or warranty of the insurance policies required by this Contract that would affect the coverage afforded under the policies to CA-NV AWWA. 6. Deductible/Retention: If the insurance policies provided by Proposer contain deductibles or selfinsured retentions, any such deductible or self-insured retention shall not be applicable with respect to the coverage provided to CA-NV AWWA under such policies. Proposer shall be solely responsible for any such deductible or self-insured retention and CA-NV AWWA, in its sole discretion, may require Proposer to secure the payment of any such deductible or self-insured retention by a surety bond or an irrevocable and unconditional letter of credit. 7. Proposer Subcontractors: Proposer shall include all subcontractors as additional insureds under the insurance policies required by this Contract to the same extent as CA-NV AWWA or shall furnish separate certificates of insurance and policy endorsements for each subcontractor verifying that the insurance for each subcontractor complies with the same insurance requirements applicable to Proposer under this Contract Insurance Company Requirements: Proposer shall provide insurance coverage through insurers that have at least an "A" Financial Strength Rating and a "VII" Financial Size Category in accordance with the current ratings by the A. M. Best Company, Inc. as published in Best's Key Rating Guide or on said company s web site. In addition, any and all insurers must be admitted and authorized to conduct business in the State of California and be a participant in the California Insurance Guaranty Association, as evidenced by a listing in the appropriate publication of the California Department of Insurance Policy Requirements: The insurance required under this Contract shall meet or exceed the minimum requirements as set forth below: 1. Workers' Compensation: Proposer shall maintain Workers' Compensation insurance as required by law in the State of California to cover Proposer s obligations as imposed by federal and state law having jurisdiction over Proposer s employees and Employers' Liability insurance, including disease coverage, of not less than $1,000, General Liability: Proposer shall maintain Comprehensive General Liability insurance with a combined Page 8 of 45

9 single limit of not less than $1,000,000 per occurrence or claim and $1,000,000 aggregate. The policy shall include, but not be limited to, coverage for bodily injury, property damage, personal injury, products, completed operations and blanket Contractual to cover, but not be limited to, the liability assumed under the indemnification provisions of this Agreement. In the event the Comprehensive General Liability insurance policy is written on a "claims made" basis, coverage shall extend for two years after the satisfactory completion and acceptance of Contracted work by CA-NV AWWA. 3. Automobile Liability: Proposer shall maintain Commercial Automobile Liability insurance with a combined single limit for bodily injury and property damage of not less than $1,000,000 each occurrence for any owned, hired, or non-owned vehicles. 4. Professional Liability: Proposer shall maintain Professional Liability insurance covering errors and omissions arising out of the services performed by the Proposer or any person employed by him, with a limit of not less than $1,000,000 per occurrence or claim and $1,000,000 aggregate. In the event the insurance policy is written on a "Claims made" basis, coverage shall extend for two years after the satisfactory completion and acceptance of Contracted work by CA-NV AWWA. 5. Property Coverage Valuable Papers: Property coverage on an all-risk, replacement cost form with Valuable Papers insurance sufficient to assure the restoration of any documents, memoranda, reports, plans or other similar data, whether in hard copy or electronic form, relating to the services provided by Proposer under this Contract Proposal Certification MANDATORY: The Proposer must complete and attach a signed copy of the Proposal Certification. The Proposal Certification form is included as Appendix A of this RFP. DO NOT MODIFY OR ALTER THE PROPOSAL CERTIFICATION IN ANY WAY. Failure to attach a signed copy of the Proposal Certification will result in rejection of the Proposer s response Interest of Contract The Proposer covenants that the Proposer presently has no interest and will not acquire any interest, direct or indirect, which could conflict in any manner or degree with the performance of the Proposer's services hereunder. The Proposer further covenants that, in the performance of this Contract, no person having any such interest will be employed by the Proposer for the purposes of this project Covenant Against Contingent Fees The Proposer and its subcontractors will comply with all relevant federal, state, and local laws. Further, the Proposer and its subcontractors warrant that it has not employed or retained any company or person, other than a bona fide employee working solely for the Proposer, to solicit or secure this Contract, and that it has not paid or agreed to pay any person other than a bona fide employee working solely for the Proposer, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, CA-NV AWWA will have the right to annul this Contract without liability or, at its discretion, deduct from the Contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee Compliance with Applicable Law The undersigned certify that the provisions of 2 CFR Sec and other pertinent federal laws or regulations relating to Conflict of Interest have been complied with in full. It is further certified that the provisions of the 1988 "Drug-Free Workplace Act" have been complied with in full. It is further agreed that the Proposer will comply and will require its subcontractors to comply with the regulations for compliance with Title VI of the Civil Rights Act of 1964, as amended, and 23 C.F.R (b). Page 9 of 45

10 3.8. Protest Pre-Proposal Protests all protests concerning solicitation specifications, criteria and/or procedures shall be submitted in writing (defined as being sent or received via letter or facsimile on official firm/agency letterhead or by electronic mail) to the CA-NV AWWA Executive Director as specified below not later than 5 business days prior to the deadline for submission of proposals. The CA-NV AWWA Executive Director may, within his discretion and consultation with the CA-NV AWWA Chair, postpone the deadline for submission of proposals, but in any case, shall provide a written response to all protests not later than two (2) business days prior to the deadline for submission of bids/proposals. If the deadline for submission of proposals is postponed by the CA-NV AWWA Executive Director as the result of a protest, the postponement will be announced through an addendum to the solicitation. The decision by the CA-NV AWWA Chair shall be the final decision on the matter, but shall be subject to judicial review as set forth by the Water Board and EPA, insofar as federal funds are used Pre-Award Protests with respect to protests made after the deadline for submission of bids/ proposals but before contract award by CA-NV AWWA, protests shall be limited to those protests alleging a violation of federal or state law, a challenge to the bids/proposals evaluation and award process, CA-NV AWWA s failure to have or follow its protest procedures or its failure to review a complaint or protest. Such protests shall be submitted in writing (defined as being delivered in person or received via facsimile on official firm/agency letterhead or by electronic mail) to the CA-NV AWWA General Counsel as specified below not later than five (5) business days after the Recommendation for Contract Award announcement by CA-NV AWWA. The CA-NV AWWA Chair may, within his or her discretion, postpone the award of the contract, but in any case, shall the CA-NV AWWA Executive Director provide a written response to all protests not later than three (3) business days prior to the date that CA-NV AWWA shall announce the contract award. The decision by the CA-NV AWWA Chair shall be the final decision on the matter, but shall be subject to judicial review as set forth by the Water Board and EPA, insofar as federal funds are used Requirements for Protests All protests must be submitted to CA-NV AWWA in writing (defined as being sent or received via letter or facsimile on official firm/agency letterhead or by electronic mail), with sufficient documentation, evidence and legal authority to demonstrate that the protestor is entitled to the relief requested. The protest must be certified as being true and correct to the best knowledge and information of the protestor, be signed and notarized by the protestor. The protest must also include a mailing address to which a response should be sent. Protests received after the deadlines for receipt of protests specified above are subject to denial without any requirement for review or action by CA-NV AWWA. All pre-proposal protests must be directed in writing (defined as being sent or received via letter on official firm/agency letterhead or by electronic mail) to: Timothy Worley, Executive Director CA-NV AWWA Ashford Street, 2 nd Floor Rancho Cucamonga, CA tworley@ca-nv-awwa.org All pre-award protests or appeals must be directed in writing (defined as being sent or received via letter or Page 10 of 45

11 facsimile on official firm/agency letterhead or by electronic mail) to: Steven Kennedy c/o CA-NV AWWA Ashford Street, 2 nd Floor Rancho Cucamonga, CA FAX: (909) skennedy@bmklawplc.com Protest Response - The CA-NV AWWA General Counsel shall issue written responses to all protests received by the required protest response dates. All protest responses shall be transmitted by first-class U.S. Postal Service to the address indicated in the protest letter. For convenience, CA-NV AWWA will also send a copy of the response to a protest to the protester by facsimile and/or electronic mail if a facsimile number and/or electronic mail address are indicated in the protest letter. The protest response transmitted by U.S. Postal Service shall be the official CA-NV AWWA response to the protest and CA-NV AWWA will not be responsible for the failure of the protester to receive the protest response by either facsimile or electronic mail Review of Protests by EPA All protests involving contracts financed with federal assistance shall be disclosed to EPA in accordance with 40 CFR Part 35 EPA. Protesters shall exhaust all administrative remedies with CA-NV AWWA prior to pursuing protests with EPA. EPA limits its reviews of protests to: a grantee s failure to have or follow its protest procedures; a grantee s failure to review a complaint or protest when presented an opportunity to do so; or violations of federal law or regulation. Appeals to EPA must be received by the cognizant EPA regional or headquarters office within five (5) working days of the date the protester has received actual or constructive notice of CA-NV AWWA s final decision or within five (5) working days of the date the protester has identified other grounds for appeal to EPA Compliance with Other Applicable Requirements of Federal and State Grants Federal Cost Principles. The successful Proposer will be required to comply with Federal Cost Principles as set forth in the Code of Federal Regulations (C.F.R.) Section through Section , as applicable. Proposers are advised to review these principles and ensure that the Proposal submitted is in conformance therewith Property Management and Disposition. The successful Proposer will be required to comply with Federal Property Standards as set forth in the Code of Federal Regulations (C.F.R.) Section through Section , as applicable. Proposers are advised to review these principles and ensure that the Proposal submitted is in conformance therewith Federal Audit Requirements. The successful Proposer will be subject to Federal Audit Requirements as set forth in the Code of Federal Regulations (C.F.R.) Section through Section and Appendices, as applicable. Proposers are advised to review these principles and ensure that the Proposal submitted is in conformance therewith. 4. RFP Proposal Requirements Appendix C of this RFP lists all required elements of a response to the RFP. These components will constitute the Proposer s Proposal. Page 11 of 45

12 4.1. Proposal Requirements Introduction As described above, the purpose of this procurement is to solicit for a contractor or contractors to provide technical assistance to urban water suppliers to provide technical assistance and expert validation, as required by SB 555. These urban water suppliers have been identified by DWR. The California Nevada Section of the American Water Works Association (CA-NV AWWA) reserves the right to add to the list of urban water suppliers estimated at 451 if unidentified water systems fall into this range. A list of the urban water suppliers which are currently eligible for this technical assistance can be found in Appendix B Proposal Requirements The Proposal Requirements (Appendix C) specifies the minimum qualifications information any Proposer must provide in its Proposal to be considered responsive to this RFP. The Evaluation Team will evaluate a Proposer s Proposal and award points to each section according to the Scoring Criteria listed in Section 5.3 of this RFP. 5. Proposal Evaluation, Negotiations and Award All timely responses will be evaluated in accordance with the following steps. The objective of the evaluation process is to identify the most highly qualified Proposer(s). The objective of the negotiation process is to agree on a contract for the work at a fair and reasonable price with a highly qualified Proposer Administrative/Preliminary Review First, the response will be reviewed by the Issuing Officer to determine if the response is in compliance with the following requirements: 1. Response was received by deadline, and 2. Response is complete and contains all required documents 5.2. Evaluating Proposals If the Proposal passes the Administrative/Preliminary Review, the Issuing Officer will submit the Proposal to the Evaluation Team for evaluation. The Evaluation Team will evaluate each response carefully and award points to each section of the Proposal according to the Scoring Criteria listed in Section 5.3 of this RFP. The Proposal will receive a total score at the conclusion of the evaluation of the response Scoring Criteria The evaluation is comprised of the following: Component Points Administrative/Preliminary Review [Pass / Fail] 1. Basic Proposer Information Pass / Fail 2. Company Profile Pass / Fail Evaluation Criteria [Scored] 3. Project Staff s Qualifications Proposer s Relevant Project Experience Proposers Statewide Presence Approach to Project Proposed Price 10 Total Possible Points 100 Page 12 of 45

13 5.4. Negotiations and Notice of Award As stated above, CA-NV AWWA will initiate negotiations with the Proposer considered to be the most highly qualified. The objective of the negotiation process is to agree on a contract for the work required in the Scope of Services with a highly qualified Proposer at a price CA-NV AWWA determines is fair and reasonable. The negotiations will encompass price and timeframe of the contract and all other contract terms, including any exceptions to contract requested and justified by the Proposer in its response to the RFP. If CA-NV AWWA is unable to negotiate a satisfactory contract with the Proposer considered to be most highly qualified, CA-NV AWWA will formally terminate negotiations and undertake negotiations with the next most highly qualified Proposer. CA-NV AWWA will continue in this manner until it is able to negotiate a satisfactory contract with one of the highly qualified Proposers. After the conclusion of the negotiation of a satisfactory contract, CA-NV AWWA will issue a Notice of Award. The primary intent of this RFP is to identify a single source to provide all of the needed goods and/or services; however, CA-NV AWWA reserves the right to make multiple awards in order to provide the most adequate services through this contract. 6. Contract Terms and Conditions The contract which CA-NV AWWA expects to award as a result of this RFP will be based upon the RFP, the successful Proposer s final response as accepted by CA-NV AWWA, grant requirements that will pass on to the contractor (summarized in Appendix E) and the contract terms and conditions, which are attached to this RFP (Appendix F). The successful Proposer s final response as accepted by CA-NV AWWA shall mean: the final Proposal submitted by the Awarded Proposer, including any subsequent revisions to the Awarded Proposer s Proposal as requested by CA-NV AWWA during negotiations, an agreed-upon price for the contract and the contract terms and conditions due to negotiations, written clarifications or changes made in accordance with the provisions of the RFP, and any other terms deemed necessary by CA-NV AWWA, except that no objection or amendment by a Proposer to the RFP requirements or the contract terms and conditions shall be incorporated by reference into the contract unless CA-NV AWWA has explicitly accepted the Proposer s objection or amendment in writing. Please review the requirements of the grant with which CA-NV AWWA must comply (Appendix E), and which will be made requirements of the contractor. Please also review CA-NV AWWA s contract terms and conditions prior to submitting a response to this RFP. Proposers should plan on the contract terms and conditions contained in this RFP being included in any award as a result of this RFP. Therefore, all costs associated with complying with these requirements should be included in any pricing quoted by the Proposers. The contract terms and conditions may be supplemented or revised before contract execution and are provided to enable Proposers to better evaluate the costs associated with the RFP and the potential resulting contract. Exception to Contract By submitting a response, each Proposer acknowledges its acceptance of the RFP specifications and the contract terms and conditions without change except as otherwise expressly stated in the submitted response. If an Proposer takes exception to a contract provision, the Proposer must state the reason for the exception and state the specific contract language it proposes to include in place of the provision. Any exceptions to the contract must be submitted with the Proposer s response. Exceptions must be in an original document using the track changes functionality and may not be submitted in the form of highlighted changes to the original contract. Proposed exceptions must not conflict with or attempt to preempt mandatory requirements specified in the RFP. In the event CA-NV AWWA selects the Proposer as one of the highly qualified Proposers and initiates negotiations with the Proposer, CA-NV AWWA and the Proposer must resolve any contractual differences before an award is made. These discussions are to be finalized and all exceptions resolved during the negotiation period. Failure to resolve any Page 13 of 45

14 contractual issues will lead CA-NV AWWA to formally terminate negotiation with the Proposer. CA-NV AWWA reserves the right to proceed to discussions with the next most highly rated Proposer. CA-NV AWWA reserves the right to modify the contract to be consistent with exceptions proposed by a qualified Proposer and to negotiate other modifications with a qualified Proposer. Exceptions that materially change the terms or the requirements of the RFP may be deemed non-responsive by CA-NV AWWA, in its sole discretion, and rejected. Contract exceptions which grant the Proposer an impermissible competitive advantage, as determined by CA-NV AWWA, in its sole discretion, will be rejected. If there is any question whether a particular contract exception would be permissible, the Proposer is strongly encouraged to inquire via written question submitted to the Issuing Officer prior to the deadline for submitting written questions as defined by the Schedule of Events. 7. List of RFP Documents and Attachments The following documents make up this RFP. Any difficulty locating or accessing the following documents should be immediately reported to the Issuing Officer. 1. Request for Proposals (this document) 2. Appendix A Proposal Certification 3. Appendix B List of California Urban Water Suppliers 4. Appendix C Proposal Requirements 5. Appendix D Technical Assistance Scope of Services 6. Appendix E Terms of Compliance: Federal and State Grant Requirements 7. Appendix F Contract Terms and Conditions Page 14 of 45

15 Appendix A PROPOSAL CERTIFICATION By responding to this RFP, the Proposer understands and agrees to the following: 1. That the submitted response constitutes an offer, which when accepted in writing by CA-NV AWWA, and subject to the terms and conditions of such acceptance, will constitute a valid and binding contract between the undersigned and CA- NV AWWA; and 2. That the Proposer has read the specifications and requirements shown or referenced in the RFP and that the Proposer s response is made in accordance with the provisions of such specifications and requirements except as expressly stated otherwise in the Proposer s response; and 3. That the Proposer guarantees and certifies that all items included in the Proposer s response meet or exceed any and all such stated RFP specifications and requirements except as expressly stated otherwise in the Proposer s response; and 4. That, if awarded a contract, the Proposer will deliver goods and/or services that meet or exceed the RFP specifications and requirements except as expressly stated otherwise in the Proposer s response; and 5. That the response submitted by the Proposer shall be valid and held open for a period of one hundred and twenty (120) days from the final RFP closing date and that the response may be held open for an additional period of time subject to the Proposer s consent; and 6. That this response is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a response for the same materials, supplies, equipment, or services and is in all respects fair and without collusion or fraud. The Proposer understands and agrees that collusive bidding is a violation of state and federal law and can result in fines, prison sentences, and civil damage awards; and DO NOT MODIFY THE PROPOSAL CERTIFICATION TERMS IN ANY WAY. THIS FORM MUST BE COMPLETED, SIGNED AND SUBMITTED WITH YOUR RESPONSE. Contractor s Full Legal Name: (PLEASE TYPE OR PRINT) Authorized Signature: Printed Name and Title of Person Signing: Date: Company Address: FAX Number: Address: *This table must be completed in its entirety by the Proposer. Page 15 of 45

16 Appendix B List of California Urban Water Suppliers Adelanto city of Alameda County Flood Control and Water Conservation Dist. Zone 7 Alameda County Water Dist. Alco Water Service Alhambra City of Amador Water Agency American Canyon, City of Anaheim City of Anderson, City of Antelope Valley East Kern Water Agency Antioch City of Apple Valley Ranchos Water Co. Arcadia City of Arcata City of Arroyo Grande City of Arvin Community Services Dist. Atascadero Mutual Water Co. Atwater City of Azusa City of Bakersfield City of Bakman Water Co. Banning City of Bear Valley Community Services Dist. Beaumont-Cherry Valley Water Dist. Bella Vista Water Dist. Bellflower-Somerset Mutual Water Co. Benicia City of Beverly Hills City of Big Bear Community Services Dist. Big Bear Lake City of Blythe City of Brawley City of Brea City of Brentwood City of Buena Park City of Burbank City of Burlingame City of Calaveras County Water Dist. Calexico City of California City City of California Domestic Water Co. California Water Service Co. Antelope Valley California Water Service Co. Bakersfield California Water Service Co. Bear Gulch California Water Service Co. Chico Dist. California Water Service Co. Dixon, City of California Water Service Co. Dominguez California Water Service Co. East Los Angeles California Water Service Co. Hermosa/Redondo California Water Service Co. Kern River Valley California Water Service Co. King City California Water Service Co. Livermore California Water Service Co. Los Altos/Suburban California Water Service Co. Marysville California Water Service Co. Mid Peninsula California Water Service Co. Oroville California Water Service Co. Palos Verdes California Water Service Co. Redwood Valley California Water Service Co. Salinas Dist. California Water Service Co. Selma California Water Service Co. South San Francisco California Water Service Co. Stockton California Water Service Co. Visalia California Water Service Co. Westlake California Water Service Co. Willows California-American Water Co. Los Angeles Dist. California-American Water Co. Monterey Dist. California-American Water Co. Sacramento Dist. California-American Water Co. San Diego Dist. California-American Water Ventura Dist. Calleguas Municipal Water Dist. Camarillo City of Cambria Community Services Dist. Camrosa Water Dist. Carlsbad Municipal Water Dist. Carmichael Water Dist. Carpinteria Valley Water Dist. Casitas Municipal Water Dist. Castaic Lake Water Agency Castaic Lake Water Agency Santa Clarita Water Division Central Basin Municipal Water Dist. Central Coast Water Authority Ceres City of Cerritos City of Chino City of Chino Basin Desalter Authority City of Chino Hills City of Citrus Heights Water Dist. Clovis City of Coachella City of Coachella Valley Water Dist. Coastside County Water Dist. Colton, City of Compton City of Contra Costa Water Dist. Corona City of Covina City of Covina Irrigating Co. Crescent City City of Crescenta Valley Water Dist. Crestline Village Water Dist. Crestline-Lake Arrowhead Water Agency Cucamonga Valley Water Dist. Daly City City of Davis City of Del Oro Water Co. Delano City of Desert Water Agency Diablo Water Dist. Dinuba City of Discovery Bay Community Services Dist. Downey City of Dublin San Ramon Services Dist. East Bay Municipal Utilities Dist. East Niles Community Service Dist. East Orange County Water Dist. East Palo Alto, City of East Valley Water Dist. Eastern Municipal Water Dist. El Centro City of El Dorado Irrigation Dist. El Monte City of El Segundo City of El Toro Water Dist. Elk Grove Water Service Elsinore Valley Municipal Water Dist. Escondido City of Estero Municipal Improvement Dist. Eureka City of Exeter City of Fair Oaks Water Dist. Fairfield City of Fallbrook Public Utility Dist. Fillmore City of Folsom City of Foothill Municipal Water Dist. Fortuna City of Fountain Valley City of Fresno City of Fruitridge Vista Water Co. Fullerton City of Galt City of Garden Grove City of Georgetown Divide Public Utilities Dist. Gilroy City of Glendale City of Glendora City of Golden Hills Community Services Dist. Golden State Water Co. Artesia Golden State Water Co. Barstow Golden State Water Co. Bay Point Golden State Water Co. Bell-Bell Gardens Golden State Water Co. Claremont Golden State Water Co. Cordova Golden State Water Co. Cowan Heights Golden State Water Co. Culver City Golden State Water Co. Florence Graham Golden State Water Co. Norwalk Golden State Water Co. Ojai Golden State Water Co. Orcutt Page 16 of 45

17 Appendix B List of California Urban Water Suppliers (Continued) Golden State Water Co. Placentia Golden State Water Co. S Arcadia Golden State Water Co. S San Gabriel Golden State Water Co. San Dimas Golden State Water Co. Simi Valley Golden State Water Co. Southwest Golden State Water Co. West Orange Goleta Water Dist. Great Oaks Water Co. Inc. Greenfield, City of Groveland Community Services Dist. Grover Beach City of Hanford City of Hawthorne City of Hayward City of Healdsburg City of Helix Water Dist. Hemet City of Hesperia Water Dist. City of Hi-Desert Water Dist. Hillsborough Town of Hollister City of Humboldt Bay Municipal Water Dist. Humboldt Community Service Dist. Huntington Beach City of Huntington Park City of Imperial, City of Indian Wells Valley Water Dist. Indio City of Inglewood City of Inland Empire Utilities Agency Irvine Ranch Water Dist. Joshua Basin Water Dist. Jurupa Community Service Dist. Kerman, City of Kern County Water Agency Impr. Dist. No 4 Kingsburg, City of La Habra City of Public Works La Palma City of La Verne City of Laguna Beach County Water Dist. Lake Arrowhead Community Services Dist. Lake Hemet Municipal Water Dist. Lamont Public Utility Dist. Las Virgenes Municipal Water Dist. Lathrop, City of Lee Lake Water Dist. Lemoore City of Lincoln City of Lincoln Avenue Water Co. Linda County Water Dist. Livermore City of Division of Water Resources Livingston City of Lodi City of Public Works Department Loma Linda City of Lomita City of Lompoc City of Long Beach City of Los Angeles County Public Works Waterworks Dist. 29 Los Angeles County Public Works Waterworks Dist. 4 & 34 Los Angeles County Public Works Waterworks Dist. 40 Los Angeles Department of Water and Power Los Banos, City of Lynwood City of Madera City of Madera County Mammoth Community Water Dist. Manhattan Beach City of Manteca City of Marin Municipal Water Dist. Marina Coast Water Dist. Martinez City of McKinleyville Community Service Dist. Menlo Park City of Merced City of Mesa Consolidated Water Dist. Metropolitan Water Dist. of Southern California Mid-Peninsula Water Dist. Millbrae City of Milpitas City of Mission Springs Water Dist. Modesto Irrigation Dist. Modesto, City of Mojave Water Agency Monrovia City of Monte Vista Water Dist. Montebello Land and Water Co. Montecito Water Dist. Monterey Park City of Morgan Hill City of Morro Bay City of Moulton Niguel Water Dist. Mountain View City of Municipal Water Dist. of Orange County Myoma Dunes Mutual Water Co. Napa City of Nevada Irrigation Dist. Newhall County Water Dist. Newport Beach City of Nipomo Community Services Dist. Norco City of North Coast County Water Dist. North Marin Water Dist. North of The River Municipal Water Dist. North Tahoe Public Utility Dist. Norwalk City of Oakdale City of Oceanside City of Oildale Mutual Water Co. Olivehurst Public Utilities Dist. Olivenhain Municipal Water Dist. Page 17 of 45 Ontario City of Orange City of Orange Vale Water Co. Orchard Dale Water Dist. Otay Water Dist. Oxnard City of Padre Dam Municipal Water Dist. Palmdale Water Dist. Palo Alto City of Paradise Irrigation Dist. Paramount City of Park Water Co. Pasadena City of Paso Robles City of Patterson City of Perris, City of Petaluma City of Phelan Pinon Hills Community Services Dist. Pico Rivera City of Pico Water Dist. Pinedale County Water Dist. Pismo Beach City of Pittsburg City of Placer County Water Agency Pleasanton City of Pomona City of Port Hueneme City of Port Hueneme Water Agency Porterville City of Poway City of Quartz Hill Water Dist. Rainbow Municipal Water Dist. Ramona Municipal Water Dist. Rancho California Water Dist. Red Bluff City of Redding City of Redlands City of Redwood City City of Reedley City of Rialto City of Rincon Del Diablo Municipal Water Dist. Rio Linda - Elverta Community Water Dist. Rio Vista, city of Ripon City of Riverbank City of Riverside City of Riverside Highland Water Co. Rohnert Park City of Rosamond Community Service Dist. Roseville City of Rowland Water Dist. Rubidoux Community Service Dist. Rubio Canyon Land and Water Association Sacramento City of Sacramento County Water Agency Sacramento Suburban Water Dist. San Antonio Water Co.