REQUEST FOR PROPOSAL

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1 REQUEST FOR PROPOSAL The City of Sachse is soliciting submittals for the herein described services and/or commodities for the purpose defined in this document. By responding to this request, the offeror agrees to perform in accordance with the terms and conditions set forth in this document in the event that the response is selected for contract award. PAGE 1

2 TABLE OF CONTENTS I. Introduction...3 II. III. IV. Purpose & Goals..3 Scope of Services.4 Submission Requirements.5 V. Evaluation Criteria and Procedures 9 VI. Attachments.10 PAGE 2

3 I. INTRODUCTION The City Sachse, Texas is seeking a qualified professional planning firm or consultant to facilitate a community planning process that culminates in the development of a Stormwater Utility as described under Project Objective below). The selected consultant will facilitate discussions with city staff, engage the public on storm water management issues/concerns, and propose and prioritize improvements to the existing system. They will also aid the City of Sachse in creating best practice standards for future residential, commercial, industrial and institutional development within the City, addressing system maintenance and management needs, creating cost estimates for our capital improvement plan, and summarizing options for funding the implementation a stormwater utility rate structure. II. PURPOSE AND GOALS The purpose of this plan is to provide a comprehensive review and analysis of the existing stormwater system, to recommend improvements to ensure current and future demands are met, and to develop the necessary planning documents needed for the creation of a stormwater utility in the City of Sachse. The study will provide further detailed information of where the critical repairs in the City s infrastructure are most warranted and what alternatives would be best suited for the City. This plan will prioritize the environmental, fiscal, operations and maintenance needs for the City of Sachse over the next 10+ years. The improvements suggested in this study will incorporate regulatory impacts, sustainability (based on best management practices), sustainable infrastructure, operations and maintenance, and cost estimates which will be prioritized into a Capital Improvements Plan (CIP) While the stormwater utility rate study will provide detailed mapping and analysis of all drainage ways and stormwater infrastructure within the City of Sachse and its growth area, a special focus will need to be placed on the following areas: Muddy Creek and its tributaries Sachse Industrial Park SH 78 and Williford Road Bailey Road/Anthony Willow Lake/Merritt Road area Ingram/5th Street Sachse Road Corridor Neighborhoods developed prior to 1990 This project seeks to address multiple objectives for the city including Hazard Mitigation PAGE 3

4 Quality of Life Economic and Community Development Fiscal Sustainability Flood Resiliency Creation of a Stormwater Utility Development of utility rate options Implementation of utility rates. III. SCOPE OF SERVICE The selected consultant will be expected to provide a full range of planning and engineering services in order to meet the goals of the city listed above. This scope of services will include, but not be limited to the following: Meeting and engaging with all necessary city staff In order to fully understand existing infrastructure and determine areas of concern within the city, the consultant team will need to meet extensively with city staff including public works, planning, finance, parks and recreation, fire, police, etc. Public engagement While much of this planning process will be directed by the knowledge and experience of city staff, planning should never occur without the input of the community. Therefore, some level of public engagement should be considered in this planning process. That input may be garnered from community meetings, community surveys, or other means deemed appropriate by the planning team. The consultant should address how they intend to engage the public in their proposal. This proposed public involvement plan will be reviewed and approved during the negotiation of a final contract. Mapping the plan components should be fully implemented into the current City of Sachse GIS system. Comprehensive Plan Update The City is currently engaged in several planning, financing and infrastructure projects including, but not limited to, a comprehensive plan update. These and all existing plans will need to be taken into consideration in this planning effort. Reporting The consultant team should provide a 50% review copy to city staff, a 75% draft plan for public comment and following an appropriate comment period a full report to be approved by the City Council. The final report shall fully address all items listed below as well as feedback received from both city staff and public comment. Inventory and Analysis of Existing Public and Private Infrastructure A comprehensive evaluation of the existing facilities related to stormwater runoff, especially those impacted by the 2015 flooding. This inventory will involve coordination with previous and ongoing planning efforts of the City of Sachse and where necessary those of neighboring jurisdictions. PAGE 4

5 Proposed System Improvements Recommended improvements to the existing infrastructure analyzed in the above section. Alternatives will be evaluated to determine the most environmentally conscious, economical, and sustainable solution in accordance with the City s goals. Sustainability The City s goals are to implement low impact design solutions and integrated management practices that serve the stormwater needs of the city while improving quality of life, and lowering the impacts on City resources and the surrounding environment. Resilience Incorporate resiliency by tracking the following items in the event of 25, 50 and 100 yr. storms. # and location of properties currently at risk of localized flooding and building damage List of public facilities (e.g. playgrounds, bike trails, buildings, equipment storage, pump houses, etc) at risk of flooding Locations and number of miles of roadway potentially impacted by street flooding and/or flooding of drainage ways Capital Improvement Plan Conceptual level cost estimates will be included as part of the capital improvement plan for projects identified in the planning efforts. Projects are prioritized and categorized into near term (0 3 years), medium term (4 7 years), and long term (7+ years) improvements. Suggested Development Standards Recommended best management practices for new developments shall be provided in order to ensure that new growth and its associated infrastructure best integrates into the existing system. Furthermore, specific minimum design and specification criteria shall be provided for analysis of future storm drainage facilities. System Maintenance A summary of system maintenance items to be frequently addressed in order to maintain the functionality of the water, sanitary sewer, and drainage and roadway systems. System Management Requirements A summary of system requirements to maintain the highest order of efficiencies from the proposed improvements in order to accommodate future needs and generations well in to the future. Funding Strategies A summary of available grants and loan options from various agencies. Stormwater Utility Fee Rate Options, including a minimum of four rate structures with corresponding capital project outcomes. Funding Implementation Creation of a fee structure that will seamlessly integrate into the City of Sachse Incode version 9 and later. Coordination, planning, and implementation assistance with the City of Sachse Utility Billing Department, One audit of the fee structure implementation into Utility Bills, six (6) months after implementation is complete. IV. SUBMISSION REQUIREMENTS PAGE 5

6 The proposal response should be fully self contained and display clearly and accurately the capabilities, knowledge, experience, and capacity of the Respondent to meet the requirements of the project and the RFP. Respondents are encouraged to utilize methods they consider appropriate in communicating the required information. At a minimum, this will include submission of the information requested below: Firm Description Relevant Experience Resumes of Project Team Approach to Fulfilling Project Objectives Time Frame to complete Fee Schedule References (Minimum of three references within the last five years) Consultant and Professional Services Agreement/Insurance Questions concerning the RFP should be e mailed to Sarah Brown, Public Works Coordinator, sbrown@cityofsachse.com A copy of all questions/responses will be e mailed to all bidders. To allow adequate time for the City of Sachse to respond to all questions, please submit them no later than March 24, Two hard copies along with one (1) unbound original of the written proposal and supporting materials must be received by the City of Sachse at the following location no later April 7, Attn: Sarah Brown City of Sachse Public Works Coordinator 3815 B Sachse Road Sachse, TX Proposal Deliveries: All proposals must be clearly addressed to the Public Works office and include the proposal name on the outside of the envelope/package. The City of Sachse cannot guarantee that any proposals sent priority mail will be delivered to the City Public Work s Office by the closing date and time. It is recommended that proposal deliveries be made either in person or via an alternate delivery method ensuring delivery to the physical address. Firm shall bear full responsibility for ensuring that the bid/proposal is delivered to the specified location by due date and time. Late proposals will be rejected as non responsive. PAGE 6

7 PROPOSAL NAME: DUE DATE/TIME: April 7, 2016 Confidentiality We require that you hold all details of this Request for Proposals confidential and private, and refrain from discussing or sharing its contents with any other party. The information provided in response to this RFP will be held confidential to the extent allowed by law. A. FIRM DESCRIPTION AND EXPERIENCE 1. Consultant: Name, address, telephone number, FAX number, e mail address, website address (if available) 2. Year the firm was established 3. Primary contacts within the company: Title, telephone number and address for each. Indicate which person will be the contact for the RFP process. 4. Number of employees in firm and office locations 5. Consultant specialties: List of the type(s) of work the firm specializes in. 6. List of Lead Professional Personnel by Area of Expertise: Provide an organization chart describing staff available to handle the desired work. Provide a brief but detailed history of the number of years of experience with the current firm and other firms, education, professional registration/certifications, and qualified work experience relevant to the services requested. Use separate pages for each person. 7. Current/Prior Experience with Municipal Projects (with emphasis on Study Area Master Plan projects): List up to five (5) projects, starting with the most recent, that the professional personnel of your firm have worked within the past 5 years. Provide the year the project was performed, the name of the municipality/jurisdiction and location (city), the owner s name, address, and contact name and phone number, e mail address and the scope of work performed. Other related experience may be included. 8. Experience in working with flood related information and technical data, including working with Texas State agencies and FEMA and other federal agencies is highly desired. B. APPROACH TO FULFILLING THE PROJECT OBJECTIVE PAGE 7

8 1. Provide the tasks and narrative of how your firm will comply with fulfilling the project objective, and what special services and products your firm has to meet our needs and not exceed the agreement amount. 2. A description of how the firm provides the desired services and quality control to assure adequate level of service and successful project completion and management. 3. A time frame or chart showing start dates and major milestones along the way. 4. A statement indicating the firm is independent, properly licensed to practice in Texas, and has no conflict of interest with regard to any other work performed by the firm for the City. C. RATE SCHEDULE Provide an itemized rate schedule that reflects the work proposed in Item B, Approach to Fulfilling the Project Objective. The rate schedule should include typical hourly charge rates for labor classifications anticipated. D. REFERENCES Provide three (3) references (names, addresses, phone numbers, e mail addresses and contact persons) for comparable work for your firm and for the team members. Provide a brief description and magnitude of services provided for each reference. E. CONDITION OF REQUEST AND REQUIREMENTS The following conditions apply to this RFP: 1. The City of Sachse reserves the right to withdraw this solicitation of a proposal at any time without prior notice. Further, the City makes no representations that any agreement will be awarded to any firm submitting a proposal. 2. The City reserves the right to reject any and all proposals submitted in response to this request and to reject any sub consultant or individual working on a consulting team. PAGE 8

9 3. Any changes to the proposal requirements will be made by addendum. 4. In any event, the City shall not be liable for any pre contractual expenses incurred by any proposal or Consultant. This shall include pre contractual expenses such as preparing the Proposal, submitting the Proposal to the City, negotiating with the City on any matter related to the Proposal or other expenses incurred prior to the date of award for any agreement related to the services herein described. 5. No prior, current or post award verbal agreement(s) with any officer, agent or employees of the City shall affect or modify any terms or modifications of this RFP or any contract or option resulting from this process. 6. The City reserves the right to waive any minor irregularities, informalities or oversights at its sole discretion. The term minor as used herein means any proposer or City irregularities or oversights that does not materially affect or alter the intent and purpose of this RFP, and is not in violation of any State of Colorado or Federal Government rules, laws and regulations that may apply to this procurement. V. EVALUATION CRITERIA AND PROCEDURES A. DISTRBUTION AND OUTREACH This RFP is being publicly posted and distributed and is open to any and all consultants who have expertise in related areas. B. SELECTION TEAM The City will rate prospective consultants (firms) for this work using only objective criteria based upon the information obtained from the Proposals. The firms with the highest ranking, based on experience and qualifications as described in the Proposal, will be invited for interviews. The proposed project manager and personnel will be requested to represent the firm at the interviews. C. SELECTION CRITERIA The City s evaluation will consist of a matrix of requirements, qualifications and experience. The following criteria will be used in evaluating the submittals received in response to this RFP: Background and experience of firm and personnel PAGE 9

10 Past performance and service on similar assignments/projects Firm s quality assurance and control procedures Proposed approach to the completing the project objectives and community engagement (proposed scope of work) Technical qualifications (staff who will actually work on the projects) D. SELECTION PROCEDURE Consideration of a prospective consultant s (firm s) proposal will be made only if the prospective consultant meets all the minimum requirements of this RFP. The City reserves the right to adjust, increase, limit, suspend or rescind the rating based on subsequently learned information. The City reserves the right to award a contract to the firm (or firms) that present the best qualifications and which will best accomplish the desired results for the City. Any consultant (firm) deemed not qualified, or consultants (firms) who s rating changes sufficiently to disqualify them, will be notified in writing. No consultant shall have the right to an appeal based upon an incomplete or late submission of the proposal. Request for Supplemental Information: The City reserves the right to require, from any or all consultants (firms), supplemental information that clarifies submitted materials. Rejection of Submitted RFP: Proposals that are not current, accurate, and/or completed accurately in accordance with the prescribed format shall be considered non responsive and eliminated from further consideration. Selection Process Termination: The City reserves the right to terminate the selection process, at any time, without making an award to any or all consultants. IV. ATTACHMENTS A. SAMPLE AGREEMENT PAGE 10

11 STATE OF TEXAS AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF DALLAS This agreement ( Agreement ) is made by and between the City of Sachse, Texas ( City ) and (the Professional ) acting by and through their authorized representatives. Recitals: WHEREAS, the City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, the Professional desires to render professional services for the City for related to in the City of Sachse, including: (the Project ) in accordance with the terms and conditions set forth in this Agreement; NOW THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the parties agree as follows: Article I Term 1.1 This term of this Agreement shall begin on the last date of execution hereof (the Effective Date ) and continue until completion of the services provided herein. 1.2 Either party may terminate this Agreement by giving thirty (30) days prior written notice to the other party. In the event of such termination, the Professional shall be entitled to compensation for any services completed to the reasonable satisfaction of the City in accordance with this Agreement prior to such termination. Article II Scope of Services 2.1 The Professional shall provide the services specifically set forth in Exhibit A. 2.2 The parties acknowledge and agree that any and all opinions provided by the Professional represent the best judgment of the Professional. 2.3 Schematic Design Documents, Specifications, Estimates, and other documents, including those in electronic form, prepared by the Professional and its consultants, agents, representatives, and/or employees in connection with the Project are intended for the use and benefit of the City. The Professional and its consultants, agents, representatives, and/or employees shall be PAGE 11

12 deemed the authors of their respective part of said Project documents. Notwithstanding, the City shall own, have, keep and retain all rights, title and interest in and to all Project documents, including all ownership, common law, statutory, and other reserved rights, including copyrights, in and to all such Project documents, whether in draft form or final form, which are produced at its request and in furtherance of this Agreement or the Project. The City shall have full authority to authorize the Contractor, Subcontractors, Sub-subcontractors, City consultants, and material or equipment suppliers to reproduce applicable portions of the Project documents to and for use in their execution of the work or for any other purpose. All materials and reports prepared by the Professional in connection with this Agreement are works for hire and shall be the property of the City. The City shall have the right to publish, disclose, distribute and otherwise use such materials and reports in accordance with the Engineering Practice Act of the State of Texas. Professional shall upon completion of the services, or earlier termination, provide the City with reproductions of all materials reports, and exhibits prepared by Professional pursuant to this Agreement, and in electronic format if requested by the City. Article III Schedule of Work The Professional agrees to commence services upon written direction from the City and to complete the required services in accordance with a work schedule established by the City (the Work Schedule ). Article IV Compensation and Method of Payment 4.1 The City shall compensate the Professional for the services by payment of a fee not to exceed without the City s prior written approval. 4.2 The Professional shall be responsible for all expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges, reproduction charges, and telephone, internet and charges. Article V Devotion of Time; Personnel; and Equipment 5.1 The Professional shall devote such time as reasonably necessary for the satisfactory performance of the work under this Agreement. Should the City require additional services not included under this Agreement, the Professional shall make reasonable efforts to provide such additional services at mutually agreed charges or rates, and within the time schedule prescribed by the City, and without decreasing the effectiveness of the performance of services required under this Agreement. 5.2 To the extent reasonably necessary for the Professional to perform the services under this Agreement, the Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that the Professional may deem proper to aid or assist in the performance of PAGE 12

13 the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by the Professional. 5.3 The Professional shall furnish the facilities, equipment, telephones, facsimile machines, facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VI Relationship of Parties It is understood and agreed by and between the parties that in satisfying the conditions of this Agreement, the Professional is acting independently, and that City assumes no responsibility or liabilities to any third party in connection with these actions. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. As such, City shall not: train the Professional, require the Professional to complete regular oral or written reports, require that Professional devote his full-time services to City, or dictate the Professional s sequence of work or location at which the Professional performs his work. Article VII Insurance 7.1 Professional shall during the term hereof maintain in full force and effect the following insurance: (1) a policy of insurance for bodily injury, death and property damage insuring against all claims, demands or actions relating to the Professional s performance of services pursuant to this Agreement with a minimum combined single limit of not less than $1,000, Dollars per occurrence for injury to persons (including death), and for property damage; (2) policy of automobile liability insurance covering any vehicles owned and/or operated by Professional, its officers, agents, and employees, and used in the performance of this Agreement; and (3) statutory Worker s Compensation Insurance covering all of Professional s employees involved in the provision of services under this Agreement. 7.2 All insurance and certificate(s) of insurance shall contain the following provisions: (1) name the City, its officers, agents and employees as additional insureds as to all applicable coverage with the exception of Workers Compensation Insurance; (2) provide for at least thirty (30) days prior written notice to the City for cancellation, non-renewal, or material change of the insurance; and (3) provide for a waiver of subrogation against the City for injuries, including death, property damage, or any other loss to the extent the same is covered by the proceeds of insurance. 7.3 All insurance companies providing the required insurance shall either be authorized to transact business in Texas and rated at least B by AM Best or other equivalent rating service, or approved by the City Manager. PAGE 13

14 7.4 A certificate of insurance evidencing the required insurance shall be submitted to the City prior to commencement of services. Article VIII Miscellaneous 8.1 Entire Agreement. This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings, written or oral agreements between the parties with respect to this subject matter. 8.2 Authorization. Each party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 8.3 Assignment. The Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by the Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants, and obligations contained in this Agreement. 8.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. 8.5 Governing Law. The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in the State District Court of Dallas County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said court. 8.6 Amendments. This Agreement may be amended by the mutual written agreement of the parties. 8.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not effect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. 8.8 Survival of Covenants. Any of the representations, warranties, covenants, and obligations of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the termination of this Agreement shall survive termination. 8.9 Recitals. The recitals to this Agreement are incorporated herein Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other party or address as either party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: PAGE 14

15 PAGE 15

16 If intended for City: With Copy to: Gina Nash Peter G. Smith City Manager Nichols, Jackson, Dillard, Hager & Smith, L.L.P. City of Sachse, Texas 1800 Lincoln Plaza 3915-B Sachse Road 500 North Akard Sachse, Texas Dallas, Texas If intended for Professional: Name Title Firm Name Address City/State 8.11 Counterparts. This Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties hereto Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes Indemnification. City SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF THE PROFESSIONAL PURSUANT TO THIS AGREEMENT. PROFESSIONAL HEREBY WAIVES ALL CLAIMS AGAINST City, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS City ) FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE NEGLIGENCE OR WILLFUL MISCONDUCT OF City. PROFESSIONAL AGREES TO INDEMNIFY AND SAVE HARMLESS City FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, ATTORNEYS FEES AND COSTS OF INVESTIGATION) AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY THE PROFESSIONAL S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO SOLE NEGILGENCE OF THE City). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR AGAINST City IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE PROFESSIONAL, ON NOTICE FROM City, SHALL DEFEND SUCH ACTION OR PROCEEDINGS AT PROFESSIONAL S EXPENSE, BY OR THROUGH ATTORNEYS PAGE 16

17 REASONABLY SATISFACTORY TO City. THE PROFESSIONAL S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY PROFESSIONAL UNDER THIS AGREEMENT. THIS PROVISION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT 8.14 Audits and Records. The Professional agrees that during the term hereof the City and its representatives may, during normal business hours and as often as deemed necessary, inspect, audit, examine and reproduce any and all of the Professional s records relating to the services provided pursuant to this Agreement for a period of one year following the date of completion of services as determined by the City or date of termination if sooner Conflicts of Interests. The Professional represents that no official or employee of the City has any direct or indirect pecuniary interest in this Agreement. (Signature page to follow) PAGE 17

18 EXECUTED this day of, City of Sachse, Texas Approved as to form: By: Gina Nash, City Manager By: Peter G. Smith, City Attorney EXECUTED this day of, Professional By: Name: Name Title: Title PAGE 18

19 Exhibit A Scope of Services PAGE 19

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