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HomeMy WebLinkAbout06-21-2016 Item 08 Proposition 1 Stormwater Grant Program Application & Request for Proposals for Stormwater Resources PlanMeeting Date: 6/21/2016 FROM: Derek Johnson, Assistant City Manager Prepared By: Robert A. Hill, Natural Resources Manager Freddy Otte, City Biologist SUBJECT: PROPOSITION 1 STORMWATER GRANT PROGRAM APPLICATION AND REQUEST FOR PROPOSALS FOR STORMWATER RESOURCES PLAN RECOMMENDATION 1.Authorize a grant application to the State Water Resources Control Board’s Proposition 1 Stormwater Grant Program; and 2.Authorize the City Manager or designee to execute any other required grant application- related documentation; and 3.Authorize the issuance of a Request for Proposals, Specification No. 91489, for Consultant Services for the preparation of a Stormwater Resource Plan; and 4.Authorize the City Manager to award the contract if bids are within the project budget of $45,000. DISCUSSION Background The purpose of this item is to authorize staff to apply for grant funding under the State Water Resources Control Board’s Stormwater Grant Program (“SWGP”) and issue a Request for Proposals (“RFP”) for a Stormwater Resource Plan (“SRP”). The SWGP requires the SRP to be prepared as a condition of receiving implementation funding. The City of San Luis Obispo maintains a team-based Stormwater Management Program that has been established to provide a comprehensive, inter-departmental approach to implementation of the objectives outlined in the City’s MS4 permit required by the State Water Resources Control Board. Contemporary stormwater management entails objectives such as water quality, groundwater percolation and recharge, flood control, and community education. Proposition 1 Grant Funding The Water Quality, Supply, and Infrastructure Improvement Act of 2014 (Proposition 1) was passed by California voters in November 2014 and authorized $7.545 billion in general obligation bonds to fund ecosystems and watershed protection and restoration, water supply 8 Packet Pg. 115 infrastructure projects, including surface and groundwater storage, and drinking water protection. At this particular time, a grant opportunity promulgated by the State Water Resources Control Board known as the Proposition 1 Stormwater Grant Program (“SWGP”) is accepting applications. Staff has closely evaluated the published grant guidelines and finds this particular grant program to be a strong match for planning and subsequent implementation of stormwater protection initiatives for the City. Council Authorization for Grant Application Required The City’s Financial Management Manual, Section 740, requires City Council authorization to submit grant applications in excess of $5,000. In particular, section 3(d) states: For grants in excess of $5,000, prepare a Council agenda report requesting authorization to seek grant funding. This report should describe the grant program's conformance with this policy, including the results of the cost/benefit analysis. The submittal of this grant application meets the City’s Grant Management Policy outlined in Section 740 because there is an opportunity to significantly leverage City funds on balance with only modest staff time required to prepare the grant application and all grant administration, tracking, and reporting will be conducted in accordance with applicable City policy and any requirements specified in an awarded grant contract. Grant Proposal Partners The Low Impact Development Initiative (LIDI) has agreed to work with the City’s Natural Resources Program staff to develop a grant proposal, representing a significant partnership. Dr. Darla Inglis, LIDI’s Executive Director, works with municipalities on program reviews, code and policy updates to meet current requirements/regulations, and assists with grant writing for project development and implementation. Dr. Inglis also works closely with the Regional Water Quality Control Board on standards and pollutant load modeling and can assist staff in implementing these more in-depth programs. Natural Resources Program staff is also working with Public Works Engineering and Utilities Environmental Compliance staff to develop the implementation project itself in response to the Board’s goal of funding “Multi-benefit stormwater management projects which may include, but shall not be limited to, green infrastructure, rainwater and stormwater capture projects and stormwater treatment facilities.” The minimum grant size is $250,000, and the City’s application is expected to be approximately $1,000,000. Stormwater Resource Plan The Stormwater Resource Plan, or a functional equivalent, is a requirement of the SWGP and must be in place within 90 days of a prospective grant award and grant agreement. The Stormwater Resource Plan is intended to be organized around a regional geographic area, typically at the watershed level, and will identify and prioritize stormwater improvement projects. Due to the highly technical nature of the proposed SRP, staff has identified the need for consultant services in order to complete the plan, together with staff’s input. The expected cost 8 Packet Pg. 116 of preparing the SRP is approximately $45,000; therefore, a RFP process is required under the City’s Financial Management Manual, Section 201, Purchasing System. The key tasks of the proposed RFP are as follows: Task 1 – Compilation of Current Knowledge of Watershed and Receiving Water Quality / Health i. Existing receiving water problems. ii. Urban flooding. iii. Groundwater condition (supply and quality). iv. Location, status and importance of habitat, creeks, lakes, etc. v. Identified watershed processes and disruptions to natural conditions. Task 2 – Identification of Types and Locations of Priority Projects i. Using Quantitative methods, identify, evaluate and document the types and locations of projects (e.g., specific as well as programmatic projects) that would address each category of the needs/issues identified in Task 1 (i.e. items i-v). Task 3 – Develop a Priority Project/Program List and Initial Concepts i. Using information from Task 2: i, conduct an integrated metrics-based analysis to further evaluate and prioritize projects for their ability to provide multi social, environmental and economic benefits. ii. Develop concept opportunities for 4-6 projects (e.g. x-number of street blocks of green street, x-acres of riparian restoration). In addition, the following minimum credentials and experience have been identified: 1. Demonstrated experience with watershed planning especially as it related to water resources. 2. Demonstrated experience with projects, policy and planning related to municipal stormwater quality management; flood management; riparian habitat and biology; creek fluvial processes; and, the influence of human disruptions to watershed processes and the types of solutions to address those disruptions. 3. Experience with use of spatial analyses to identify program needs and priorities. 4. Experience with the development of capital project programs to support water quality and quantity issues. Once the City Council accepts the SRP, it will be forwarded to the State Water Resources Control Board and the City will be eligible for implementation grant funding. The SRP will also be beneficial to ensuring compliance with the City’s MS4 stormwater permit requirements. Lastly, as the Stormwater Resource Plan is organized around a regional geographic area, in this case the San Luis Obispo Creek watershed, the City will work with Cal Poly as a potential matching fund partner and also coordinate with the County of San Luis Obispo’s Public Works Water Division. 8 Packet Pg. 117 CONCURRENCES The Public Works Department concurs with the Stormwater Grant Program application in support of the City’s efforts to accomplish its stormwater program objectives, as well as the preparation of the required Stormwater Resource Plan. ENVIRONMENTAL REVIEW There is no environmental review required for grant submittals as they are not a project under CEQA. The SRP is subject to environmental review under the California Environmental Quality Act (CEQA) and individual implementing projects would also be subject to further review. FISCAL IMPACT The City Biologist has time allocated within his normal work program to prepare and submit grant applications. The City Biologist’s work effort towards this endeavor will be substantially augmented through technical assistance from the LIDI staff. The SWGP will have $200 million in total available to be spread across several rounds of grants. As indicated, above, a successful SWGP proposal will require that the Grantee (the City) have a Stormwater Resource Plan, or functional equivalent, in place within 90 days of completing the grant agreement. A budget of $45,000 has been scoped to support the preparation of the SRP pursuant to the RFP, if authorized. The fund sources that have been identified are as follows: Organization Source Amount Status City of SLO Flood Control $10,000 Approved 2016-17 City of SLO Stormwater SOPC $25,000 Pending 2016-17 Cal Poly SLO Environmental Health and Safety $10,000 Approved TOTAL $45,000 ALTERNATIVES The City Council could: 1.Request additional information or analysis from staff. 2.Deny the request to submit the Stormwater Grant Program application. 3.Deny the request to issue a RFP for the Stormwater Resource Plan. Attachments: a - Stormwater Resource Plan RFP 8 Packet Pg. 118 990 Palm Street  San Luis Obispo, CA 93401 Notice Requesting Proposals for San Luis Obispo Creek Watershed Stormwater Resource Plan Specification No. 91489 The City of San Luis Obispo is requesting sealed proposals for the preparation of a Stormwater Resource Plan, or functional equivalent, in furtherance of the City’s Stormwater Management Program pursuant to Specification No. 91489. All proposals must be received by the Finance Division by 4 p.m., July 22, 2016 when they will be opened publicly in the foyer of the City Hall Council Chambers, 990 Palm Street, San Luis Obispo, CA 93401. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Finance Division in a sealed envelope plainly marked with the proposal title, specification number, proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. A pre-proposal conference will be held at City Hall on Tuesday, July 12, 2016 at 1:00 P.M.to answer any questions that the prospective proposers may have regarding the City's request for proposals. Specification packages and additional information may be obtained by contacting Freddy Otte, City Biologist, by phone at (805) 781-7511 or by email at fotte@slocity.org. Packet Pg. 119 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Specification No. 91489 TABLE OF CONTENTS A. Description of Work 1 B. General Terms and Conditions 4 Proposal Requirements Contract Award and Execution Contract Performance C. Special Terms and Conditions 8 Contract Term Estimated Quantities Proposal Content Proposal Evaluation and Selection Proposal Review and Award Schedule Unrestrictive Brand Names Start and Completion of Work Accuracy of Specifications D. Agreement 13 E. Insurance Requirements 15 F. Proposal Submittal Forms 17 Proposal Submittal Summary References Packet Pg. 120 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page | 1 Section A DESCRIPTION OF WORK The City of San Luis Obispo (“City”) seeks consultant services to support the development of a Stormwater Resource Plan, or functional equivalent, for the San Luis Obispo Creek Watershed (“SLOSRP”), which is depicted as Figure 1 on page 3, and shall include the following components: 1. GENERAL The objective of the SLOSRP is to identify, evaluate and develop a framework to manage rainwater/stormwater to achieve multiple benefits for protecting health and safety, for avoiding the potential impacts of urban runoff to receiving waters, and for promoting the use of stormwater as a resource for both water supply and aquatic ecosystems. Additionally, the City wishes the SLOSRP to act as a Stormwater Resource Plan, or functional equivalent, in order to address and satisfy requirements of Senate Bill 985 and allow the City to obtain Proposition 1 grant funds through the State Water Resources Control Board’s Stormwater Grant Program (“SWGP”)1. Interested consultants will provide a maximum 5-page proposal that outlines their approach for the SLOSRP. The City expects to expend no greater than $45,000 for the SLOSRP contract. Work must be completed by December 30, 2016. 2. PROJECT SPECIFIC DESCRIPTIONS Each task described below is intended to inform subsequent tasks to develop a robust and complete SLOSRP. Work will include meetings with the project team and possibly a presentation to the City Council. Task Items 1-3 shall be compiled into a report with two drafts and one final. Task 1 – Compilation of Current Knowledge of Watershed and Receiving Water Quality / Health i. Existing receiving water problemsconditions. ii. Urban flooding. iii. Groundwater condition (supply and quality). iv. Location, status and importance of habitat, creeks, lakes, etc. v. Identified watershed processes and disruptions to natural conditions. Task 2 – Identification of Types and Locations of Priority Projects i. Using Quantitative methods, identify, evaluate and document the types and locations of projects (e.g., specific as well as programmatic projects) that would address each category of the needs/issues identified in Task 1 (i.e. items i-v). 1 Proposers are encouraged to review the Proposition 1 Stormwater Grant Program guidelines. The municipal stormwater pollutant load prioritization analysis indicated in the State Board’s Stormwater Resource Plan Guidelines will be conducted separately from this contract and the consult will be asked to integrate the finding into the SLOSRP. Packet Pg. 121 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page | 2 Task 3 – Develop a Priority Project/Program List and Initial Concepts i. Using information from Task 2: i, conduct an integrated metrics-based analysis to further evaluate and prioritize projects for their ability to provide multi social, environmental and economic benefits. ii. Develop concept opportunities for 4-6 projects (e.g. x-number of street blocks of green street, x-acres of riparian restoration). 3. CREDENTIALS AND QUALIFICATIONS a. Demonstrated experience with watershed planning especially as it related to water resources. b. Demonstrated experience with projects, policy and planning related to municipal stormwater quality management; flood management; riparian habitat and biology; creek fluvial processes; and, the influence of human disruptions to watershed processes and the types of solutions to address those disruptions. c. Experience with use of spatial analyses to identify program needs and priorities. d. Experience with the development of capital project programs to support water quality and quantity issues. 4. INTENDED USERS a. City of San Luis Obispo b. County of San Luis Obispo c. California Polytechnic State University, San Luis Obispo d. State of California grant-making agencies e. State of California regulatory agencies 5. ADDITIONAL CONSIDERATIONS AND ASSUMPTIONS a. It should be expected that the SLOSRP will be subject to review and approval processes at the local and State level if City is successful with prospective grant awards, which may result in requests for clarification, additional analysis, or disqualification by those grant-making agencies. b. The consultant may be requested to attend one (1) hearing with the City Council. c. The consultant should assume that the City will supply pertinent background reports and documentation as available and appropriate. 6. DELIVERY REQUIREMENTS a. Four (4) complete, original color copies of the final SLOSRP. b. One (1) “flash drive” or similar data device with a complete copy of the final SLOSRP in Adobe .pdf format. Packet Pg. 122 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page | 3 Figure 1: San Luis Obispo Creek Watershed and Sub -Basins Packet Pg. 123 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page | 4 Section B GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (proposer) shall meet all of the terms, and conditions of the Invitation for Bids (IFB) or Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all provisions of the IFB/RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the form(s) provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope that shall be sealed and addressed to the Department of Finance, City of San Luis Obispo, 990 Palm Street, San Luis Obispo, CA, 93401. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of proposer, and date and time of proposal opening. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a. The insurance carrier and its A.M. Best rating. b. Scope of coverage and limits. c. Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the proposer’s insurance coverage during proposal evaluation; as discussed under paragraph 12 below, endorsements are not required until contract award. The City’s insurance requirements are detailed in Section E. 4. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the proposer must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be st ated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any proposer for any item are not in agreement, the unit price alone will be considered as representing the proposer's intention and the proposal total will be corrected to conform to the specified unit price. 5. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than that stated in the "Notice Inviting Bids/Requesting Proposals" will be considered. All proposals will be opened and declared publicly. Proposers or their representatives are invited to be present at the opening of the proposals. 6. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity that has submitted a sub - proposal to a proposer submitting a proposal, or who has quoted prices on materials to such proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other proposers submitting proposals. Packet Pg. 124 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page | 5 7. Cooperative Purchasing. During the term of the contract, the successful proposer will extend all terms and conditions to any other local governmental agencies upon their request. These agencies will issue their own purchase orders, will directly receive goods or services at their place of business and will be directly billed by the successful proposer. 8. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged, but will be permitted. However, any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 9. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the "special terms and conditions" in Section C of these specifications for proposal evaluation and contract award criteria. 10. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. Proposers will provide, in a timely manner, all information that the City deems necessary to make such a decision. 11. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a written contract with the City within ten (10) calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 12. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages and amounts specified in Section E of these specifications within 10 (ten) calendar days after notice of contract award as a precondition to contract execution. 13. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate before execution of the contract. Additional information regarding the City's business tax program may be obtained by calling (805) 781-7134. CONTRACT PERFORMANCE 14. Ability to Perform. The Contractor warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances, and regulations. 15. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. 16. Payment of Taxes. The contract prices shall include full compensation for all taxes that the Contractor is required to pay. 17. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary. Packet Pg. 125 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page | 6 18. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 19. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and o ther devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 20. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. 21. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 22. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ, to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation, or religion of such persons. 23. Work Delays. Should the Contractor be obstructed or del ayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to gra nt such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages that may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and making a finding as to the causes of same. 24. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Contractor (Net 30). 25. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 26. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. Packet Pg. 126 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page | 7 27. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 28. Hold Harmless and Indemnification. The Contractor agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the Contractor's employees, agents or officers that arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided, however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 29. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 30. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein, the City may notify the Contractor in writing of such defect or failure to perform. This notice must give the C ontractor a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. In said event, the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. Packet Pg. 127 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page | 8 Section C SPECIAL TERMS AND CONDITIONS 1. Contract Award. Subject to the reservations set forth in Paragraph 9 of Section B (General Terms and Conditions) of these specifications, the contract will be awarded to the lowest responsible, responsive proposer. 2. Sales Tax Reimbursement. For sales occurring within the City of San Luis Obispo, the City receives sales tax revenues. Therefore, for bids from retail firms located in the City at the time of proposal closing for which sales tax is allocated to the City, 1% of the taxable amo unt of the bid will be deducted from the proposal by the City in calculating and determining the lowest responsible, responsive proposer. 3. Labor Actions. In the event that the successful proposer is experiencing a labor action at the time of contract award (or if its suppliers or subcontractors are experiencing such a labor action), the City reserves the right to declare said proposer is no longer the lowest responsible, responsive proposer and to accept the next acceptable low proposal from a proposer that is not experiencing a labor action, and to declare it to be the lowest responsible, responsive proposer. 4. Failure to Accept Contract. The following will occur if the proposer to whom the award is made (Contractor) fails to enter into the contract: the award will be annulled; any bid security will be forfeited in accordance with the special terms and conditions if a proposer's bond or security is required; and an award may be made to the next lowest responsible, responsive proposer who shall fulfill every stipulation as if it were the party to whom the first award was made. 5. Contract Term. The supplies or services identified in this specification will be used by the City between August 2016 and December 2016. The prices quoted for these items must be valid for the entire period indicated above unless otherwise conditioned by the proposer in its proposal. 6. Contract Extension. The term of the contract may be extended by mutual consent for an additional one-year timeframe. 7. Supplemental Purchases. Supplemental purchases may be made from the successful proposer during the contract term in addition to the items listed in the Detail Proposal Submittal Form. For these supplemental purchases, the proposer shall not offer prices to the City in excess of the amounts offered to other similar customers for the same item. If the proposer is willing to offer the City a standard discount on all supplemental purchases from its generally prevailing or published price structure during the contract term, this offer and the amount of discount on a percentage basis should be provided with the proposal submittal. 8. Contractor Invoices. The Contractor may deliver either a monthly invoice to the City with attached copies of detail invoices as supporting detail , or in one lump-sum upon completion. 9. Non-Exclusive Contract. The City reserves the right to purchase the items listed in the Detail Proposal Submittal Form, as well as any supplemental items, from other vendors during the contract term. 10. Unrestrictive Brand Names. Any manufacturer's names, trade names, brand names or catalog numbers used in the specifications are for the purpose of describing and establishing general Packet Pg. 128 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page | 9 quality levels. Such references are not intended to be restrictive. Proposals will be considered for any brand that meets or exceeds the quality of the specifications given for any item. In the event an alternate brand name is proposed, supplemental documentation shall be provided demonstrating that the alternate brand name meets or exceeds the requirements specified herein. The burden of proof as to the suitability of any proposed alternatives is upon the proposer, and the City shall be the sole judge in making this determination. 11. Delivery. Prices quoted for all supplies or equipment to be provided under the terms and conditions of this RFP package shall include delivery charges, to be delivered F.O.B. San Luis Obispo by the successful proposer and received by the City within 90 days after authorization to proceed by the City. 12. Start and Completion of Work. Work on this project shall begin immediately after contract execution and shall be completed within 90 calendar days thereafter, unless otherwise negotiated with City by mutual agreement. 13. Change in Work. The City reserves the right to change quantities of any item after contract award. If the total quantity of any changed item varies by 25% or less, there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25% shall be subject to negotiation with the Contractor. 14. Submittal of References. Each proposer shall submit a statement of qualifications and references on the form provided in the RFP package. 15. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package. 16. Proposal Content. Your proposal must include the following information: Submittal Forms a. Proposal submittal summary. b. Certificate of insurance. c. References from at least three firms for whom you have provided similar services. d. Professional work product example. Qualifications e. Experience of your firm in performing similar services. f. Resumes of the individuals who would be assigned to this project, including any sub- consultants. Resumes should note required licensing (see Section A, above). g. Standard hourly billing rates for the assigned staff, including any sub-consultants. h. Statement and explanation of any instances where your firm has been removed from a project or disqualified from proposing on a project. i. Demonstrated conservation easement project work. Work Program j. Description of your approach to completing the work. k. Tentative schedule by phase and task for completing the work. l. Estimated hours for your staff in performing each major phase of the work, including sub-consultants. Packet Pg. 129 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page | 10 m. Services or data to be provided by the City. n. Any other information that would assist us in making this contract award decision. Proposal Length and Copies o. Proposals should include numbered pages, including identification of attachments and supplemental materials. p. Three copies of the proposal must be submitted. 17. Proposal Evaluation and Consultant Selection. Proposals will be evaluated by a review committee using a two-phase selection and contract award process as follows: Phase 1 – Written Proposal Review/Finalist Candidate Selection A group of finalist candidates will be selected for follow -up interviews and presentations based on the following criteria as evidenced in their written proposals: a. Understanding of the work required by the City. b. Quality, clarity and responsiveness of the proposal. c. Demonstrated competence and professional qualifications necessary for successfully performing the work required by the City. d. Recent experience in successfully performing similar services. e. Proposed approach in completing the work. f. References. g. Background and experience of the specific individuals to be assigned to this project. Phase 2 – Oral Presentations/Interviews and Consultant Selection Finalist candidates will make an oral presentation to the review committee and answer questions about their proposal. The purpose of this second phase is two -fold: to clarify and resolve any outstanding questions or issues about the proposal; and to evaluate the proposer’s ability to clearly and concisely present information orally. As part of this second phase of the selection process, finalist candidates will submit proposed compensation costs for the work, including a proposed payment schedule tied to accomplishing key project milestones or tasks. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor, the City reserves the right to further negotiate the proposed workscope and/or method and amount of compensation. Contract award will be based on a combination of factors that represent the best overall value for completing the workscope as determined by the City, including: the written proposal criteria described above; results of background and reference checks; results from the interviews and presentations phase; and proposed compensation. 18. Proposal Review and Award Schedule. The following is an outline of the anticipated schedule for proposal review and contract award: a. Issue RFP 7/1/16 b. Conduct pre-proposal conference 7/12/16 c. Receive proposals 7/22/16 d. Complete proposal evaluation 7/29/16 e. Conduct finalist interviews 8/1/16 f. Finalize staff recommendation 8/15/16 g. Award contract 8/19/16 Packet Pg. 130 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page | 11 h. Execute contract 8/26/16 i. Start work 8/30/16 j. Work products due 12/30/16 19. Pre-Proposal Conference. A pre-proposal conference will be held at the following location, date, and time to answer any questions that prospective proposers may have regarding this RFP: Tuesday, July 12, 2016, 1:00 P.M. City Hall, Council Hearing Room 990 Palm Street San Luis Obispo, CA 93401 20. Ownership of Materials. All original drawings, plan documents and other materials prepared by or in possession of the Contractor as part of the work or services under these specifications shall become the permanent property of the City, and shall be delivered to the City upon demand. 21. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City. 22. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 23. Required Deliverable Products. The Contractor will be required to provide: a. Four (4) copies of original, color copies of the appraisal reports addressing all elements of the workscope. City staff will review any documents or materials provided by the Contractor and, where necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate. b. When computers have been used to produce materials submitted to the City as a part of the workscope, the Contractor must provide the corresponding computer files to the City, compatible with the following programs whenever possible unless otherwise directed by the project manager:  Adobe .pdf format Computer files must be delivered on a “flash drive”. Alternatively, files may be emailed to the City. 24. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance by the Contractor at up to two (2) public meetings to present and discuss its findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing workscope tasks. 25. Alternative Proposals. The proposer may submit an alternative proposal (or proposals) that it believes will also meet the City's project objectives but in a different way. In this case, the proposer must provide an analysis of the advantages and disadvantages of each of the Packet Pg. 131 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page | 12 alternatives, and discuss under what circumstances the City would prefer one alternative to the other(s). If an alternative proposal is submitted, the maximum length of the proposal may be expanded proportionately by the number of alternatives submitted. 26. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. Proposers are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the proposer and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of proposer to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the proposer. An ambiguity or defect shall be considered patent if it is of such a nature that the proposer, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the proposer or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful proposer to achieve the project’s objective or standard beyond the amounts provided there for in the proposal. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. Packet Pg. 132 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page | 13 Section D FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on [day, date, year] by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and [CONTRACTOR’S NAME IN CAPITAL LETTERS], hereinafter referred to as Contractor. W I T N E S S E T H: WHEREAS, on [date], City invited requested proposals for Consultant Services for the preparation of the San Luis Obispo Creek Watershed Stormwater Resource Plan (SLOSRP), per Specification No. 91489. WHEREAS, pursuant to said request, Contractor submitted a proposal that was accepted by City for said Consultant Services for the preparation of the San Luis Obispo Creek Watershed Stormwater Resource Plan (SLOSRP). NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of said Consultant Services for the preparation of the San Luis Obispo Creek Watershed Stormwater Resource Plan (SLOSRP). 2. INCORPORATION BY REFERENCE. City Specification No. 91489 and Contractor's proposal dated [date], are hereby incorporated in and made a part of this Agreement. To the extent that there are any conflicts between the City’s specification and this Agreement and the Contractor’s proposal, the terms of the City’s specification and this Agreement shall prevail, unless specifically agreed otherwise in writing signed by both parties. 3. CITY'S OBLIGATIONS. For providing Consultant Services for the preparation of the San Luis Obispo Creek Watershed Stormwater Resource Plan (SLOSRP), as specified in this Agreement, City will pay and Contractor shall receive therefor compensation in a total sum not to exceed [$ .00 ]. 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City to do everything required by this Agreement and the said specification. 5. AMENDMENTS. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Council or City Manager of the City. Packet Pg. 133 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page | 14 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Contractor Name Address 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO ________________________________ By:_____________________________________ City Clerk City Manager APPROVED AS TO FORM: CONTRACTOR ________________________________ By: _____________________________________ City Attorney Packet Pg. 134 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page | 15 Section E INSURANCE REQUIREMENTS Consultant Services The Contractor shall procure and maintain for the duration of the contract ins urance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees or subcontractors. Minimum Scope of Insurance. Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 4. Errors and Omissions Liability insurance as appropriate to the consultant's profession. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Employer's Liability: $1,000,000 per accident for bodily injury or disease. 4. Errors and Omissions Liability: $1,000,000 per occurrence. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: t he insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. Packet Pg. 135 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page | 16 3. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, retur n receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. Packet Pg. 136 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page | 17 PROPOSAL SUBMITTAL FORM Sample The undersigned declares that she or he has carefully examined Specification No. 91489, which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm; and agrees to perform the specified work for the following cost quoted in full: Description Quantity Unit Price Total TOTAL BASE PRICE Other (provide detail below) TOTAL $ Delivery of equipment to the City to be within 90 calendar days after contract execution and written authorization to proceed.  Certificate of insurance attached; insurance company’s A.M. Best rating: __________________. Firm Name and Address Contact Phone Signature of Authorized Representative Date Packet Pg. 137 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page | 18 REFERENCES Number of years engaged in providing the services included withi n the scope of the specifications under the present business name: . Describe fully the last three contracts performed by your firm that demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. 1 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 2 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Reference No. 3 Customer Name Contact Individual Telephone & FAX number Street Address City, State, Zip Code Description of services provided including contract amount, when provided and project outcome Packet Pg. 138 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page | 19 STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary inte rest in it, has ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality, and if so to explain the circumstances.  Do you have any disqualification as described in the above paragraph to declare? Yes  No   If yes, explain the circumstances. Executed on at _______________________________________ under penalty of perjury of the laws of the State of California, that the foregoing is true and correct. ______________________________________ Signature of Authorized Proposer Representative Packet Pg. 139 At t a c h m e n t K : a - S t o r m w a t e r R e s o u r c e P l a n R F P ( 1 3 8 1 : S t o r m w a t e r G r a n t a n d R F P ) Page intentionally left blank.