REQUEST FOR PROPOSALS FOR Stormwater Utility Feasibility Study Due date: May 12, 2017 Time: 4:00 pm Receipt Location: 230 Government Center Drive Wilmington, NC 28403 Procurement Contact Person: Name: Lena Butler Title: Purchasing Supervisor Email: lbutler@nhcgov.com Telephone: 910-798-7190
Advertisement Sealed proposals addressed to Lena Butler, Purchasing Supervisor, New Hanover County Finance Office, 230 Government Center Drive, Suite 165, Wilmington, North Carolina 28403 and marked RFP-Stormwater Utility Feasibility Study will be accepted until 4:00 P.M. EST, May 12, 2017. Instructions for submitting proposals and complete requirements and information may be obtained by visiting the County s website at http://www.nhcgov.com/business-nhc/bids. Please be advised that your firm needs to be pre- bid qualified with New Hanover County. Instructions for submitting a pre-bid qualification package may be obtained by visiting the County Legal Department website at http://legalinsurance.nhcgov.com/contractors-approved-forbidding/. All pre-bid qualification documents must be submitted by April 28, 2017. New Hanover County reserves the right to accept or reject any or all proposals and to make the award which will be most advantageous to the County. Lena L. Butler, Purchasing Supervisor New Hanover County (910) 798-7190 Released: April 12, 2017 Stormwater Utility Feasibility Study Page 2 of 17
Introduction New Hanover County (hereinafter, The County ) is seeking proposals from a qualified team with expertise in stormwater utility engineering and financial services to provide the County with a comprehensive study to evaluate the feasibility of developing a stomrwater utility. The study will be used to determine the stormwater capital and financial needs necessary to establish a successful stormwater utility in the unincorporated areas of the County. The County intends to award a contract to the team whose solution most closely meets the requirements defined in this request for proposal (RFP). The team s ability to provide a clear project plan and approach towards the successful implementation of a stormwater utility are critical factors in the selection process. County Located in southeastern North Carolina, New Hanover County is one of the twenty coastal counties in the state. The County has unique needs for stormwater management that led to the adoption of a stormwater ordinance on September 5, 2000. The ordinance was adopted in order to promote the health, safety and general welfare and to safeguard the natural and manmade resources of the County by regulating stormwater runoff in the unincorporated areas. The amount of development and growth experienced by the County has led to consideration of a stormwater utility to take the level of maintenance and protection even further. Project Scope Introduction Since the adoption of the ordinance, the County has played a supporting role in the management of stormwater runoff. The role and responsibility of property owners of developed and undeveloped land within the unincorporated areas of the County to maintain stormwater conveyances within their properties will need to be integrated into the solution a stormwater utility would provide to the County. Goals and Objectives The goal of this project is to develop a stormwater utility feasibility study that will address the specific needs of the County. The study should include the following: Develop a preliminary customer service model. Estimate potential costs to initiate and implement a stormwater utility. Develop a cost structure for operation and maintenance. Determine billing options. Determine possible rate structure models to be considered. Provide matrix of proposed services a stormwater utility would provide to the citizens of the County. Stormwater Utility Feasibility Study Page 3 of 17
Provide a detailed report of required staffing levels based on the level of service. Provide recommendations of approaches to include county wide services, watersheds, drainage districts and other methods and strategies to accomplish the identified drainage maintenance needs of the County. Determine how permitted stormwater controls on existing commercial and residential properties would be affected. Develop methods that would measure the effectiveness of the program. Provide strategies to integrate a stormwater utility with the stormwater management techniques currently utilized per the Stormwater Ordinance. Recommended course of action. Submittal Requirements Proposal Format Proposers shall prepare their proposals in accordance with the instructions outlined in this section. Each proposer is required to submit the proposal in a sealed package. Proposals should be prepared as simply as possible and provide a straightforward, concise description of the proposer s capabilities to satisfy the requirements of the RFP. Utmost attention should be given to accuracy, completeness, and clarity of content. All parts, pages, figures, and tables should be numbered and clearly labeled. The proposal should be organized into the following major sections: Proposal Section Title Title Page Letter of Transmittal Table of Contents 1.0 Executive Summary 2.0 Scope of Services 3.0 Company Background 4.0 Proposed stormwater utility strategies 5.0 Goals and Objectives 6.0 Cost Proposal 7.0 Professional references (other counties, municipalities or agencies that have used your services to develop or implement a stormwater utility) 8.0 Exceptions to the RFP Response information should be limited to pertinent information only. Marketing and sales type information is not to be included. 1. Executive Summary Stormwater Utility Feasibility Study Page 4 of 17
2. Scope of Services This part of the response to the RFP should be limited to a brief narrative summarizing the proposer s proposal. The summary should be oriented toward the feasibility of a stormwater utility. Please note that the executive summary should identify the primary engagement contact for your team. This section should include a general discussion of the proposer s overall understanding of the project and the scope of work proposed. The scope statement should include all work from project inception to the completion of the study. 3. Company Background Each proposal must provide information to include: i. How many years has your company been in business? ii. Please describe the ownership of your organization (Sole proprietorship, partnership, privately or publicly held corporation). If a corporation, please provide evidence that the firm is in good standing and qualified to conduct business in North Carolina. iii. What is the main focus of your firm? iv. How many stormwater utilities are you currently involved with providing assistance? How many of these are with counties in North Carolina? Please provide examples. vi. Do you contract with a third party for services/resources? If yes, please describe. vii. Please provide an estimated schedule to complete the study. 4. Proposed Stormwater Utility Strategies Description of Strategies- What are the proposed strategies or alternatives your team would investigate in a stormwater utility feasibility study? What methodology would be utilized to determine the preferred alternative? 5. Goals and Objectives Proposers should clearly address how they would accomplish the goal of developing a stormwater utility that specifically addresses the needs of the County. Stormwater Utility Feasibility Study Page 5 of 17
6. Cost Proposal Proposers should submit an estimate of project costs in the proposal. The proposer should also provide an hourly cost for additional work that may be required that is not part of the proposal. 7. Professional References Include other counties, municipalities or agencies that have used your services to develop or implement a stormwater utility. Experience with one of the twenty coastal counties within North Carolina will be extremely beneficial. 8. Exceptions to the RFP All requested information in this RFP must be supplied. Proposers may take exception to certain requirements in this RFP. All exceptions shall be clearly identified in this section and a written explanation shall include the scope of exceptions, the ramifications of the exceptions for the County, and the description of the advantages or disadvantages to the County as a result of exceptions. The County, in its sole discretion, may reject any exceptions or specifications within the proposal. Proposers may also provide supplemental information, if necessary, to assist the County in analyzing responses to this RFP. Interpretations and Clarifications: Requests for information or clarification of this RFP must be made in writing and addressed to Lena Butler at the address, fax, or email address listed below, with email being the preferred method of communication. Please reference the RFP page and topic: Lena L. Butler, Purchasing Supervisor New Hanover County 230 Government Center Drive, Suite 165 Wilmington, NC 28403 Phone (910) 789-7190 Fax (910) 798-7806 Email: lbutler@nhcgov.com The answers to questions submitted that require a response will be available to all firms in the form of an addendum via email or on the New Hanover County Purchasing and Bidding page: http://www.nhcgov.com/business-nhc.bids/. Stormwater Utility Feasibility Study Page 6 of 17
Submission of RFP: The sealed proposal should include one (1) original, one (1) electronic file on CD media of the proposal shall be submitted by 4:00 PM on May 12, 2017 to: Lena L. Butler, Purchasing Supervisor New Hanover County 230 Government Center Drive, Suite 165 Wilmington, NC 28403 Proposals should be clearly marked RFP - Stormwater Utility Feasibility Study. When received, all proposals and supporting materials, as well as correspondence relating to the RFP, shall become the property of the County. Proposals sent by fax or email will not be accepted. Proposals will not be made available to inspect or copy until the contract has been awarded. In submitting a proposal, it is understood by the firm that New Hanover County reserves the right to accept any proposal, to reject any and all proposals and to waive any irregularities or informalities in proposals when to do so is in the best interest of New Hanover County. Any proposal may be withdrawn or modified by written request of the Proposer, provided such request is received by the County at the designated address prior to the date and time set for receipt of proposals. Upon receipt of your proposal by New Hanover County, your proposal is considered a public record except for material which qualifies as "trade secret" under N.C. General Statute 132-1.2. After opening, your proposal will be provided to County staff and others who participate in the evaluation process, and to members of the general public who submit public records requests. To properly designate material as trade secret under these circumstances, each Proposer must take the following precautions: (a) any trade secrets submitted by a Proposer must be submitted in a separate, sealed envelope marked "Trade Secret - Confidential and Proprietary Information - Do Not Disclose Except for the Purpose of Evaluating this Proposal," and (b) the same trade secret/confidentiality designation must be stamped on each page of the trade secret materials contained in the envelope. Stormwater Utility Feasibility Study Page 7 of 17
Do not attempt to designate your entire Proposal as a trade secret, and do not attempt to designate pricing information as a trade secret. Doing so may result in your Proposal being disqualified. In submitting a Proposal, each Proposer agrees that the County may reveal any trade secret materials contained in such response to all County staff and County officials involved in the selection process, and to any outside consultant or other third parties who assist the County in the selection process. Furthermore, each Proposer agrees to indemnify and hold harmless the County and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material, which the Proposer has designated as a trade secret. All proposing firms or individuals shall comply with all conditions, requirements and specifications contained herein, with any departure constituting sufficient cause for rejections of the proposal. However, New Hanover County reserves the right to change the conditions, requirements and specifications as it deems necessary. No proposals will be accepted from any person or organization that is in arrears for any obligation to New Hanover County or that otherwise may be deemed irresponsible or unresponsive by county staff or the New Hanover County Board of Commissioners. All prices quoted must be firm for a period of 90 (ninety) days following the proposal deadline. The cost of preparing a response to the RFP will not be reimbursed by the County. No agreements with any selected firm shall be binding until a contract is signed and executed by the County Manager and authorized representatives of the firm. Equal Opportunity: The non-discrimination clause contained in Section 202 (Federal) Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, are incorporated herein. Proposer agrees not to discriminate against any employees or applicant for employment because of physical or mental handicap in regard to any position for which the employees or applicant is qualified. The Proposer agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices. Stormwater Utility Feasibility Study Page 8 of 17
Pursuant to GS 143-48, New Hanover County invites and encourages participation in this procurement process by businesses owned by minorities, women, and handicapped. Iran Divestment Act: N.C.G.S. 147-86.59 requires this certification for bids or contracts with the State of North Carolina, a North Carolina local government, or any other political subdivision of the State of North Carolina. The certification is required at the following times: When a bid is submitted When a contract is entered into (if the certification was not already made when the Proposer made its bid) When a contract is renewed or assigned E-Verify: The State Treasurer s Final Divestment List can be found on the State Treasurer s website at the address www.nctreasurer.com/iran and will be updated every one hundred eighty (180) days. N.C.G.S. 147-86.60 requires that contractors with the State, a North Carolina local government, or any other political subdivision of the State of North Carolina must not utilize any subcontractor found on the State Treasurer s Final Divestment List. Pursuant to HB786 (S.L. 2013-418), Contractor shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. County requires an affidavit attesting to Contractor s compliance. Violation of the provision, unless timely cured, shall constitute a breach of contract. Insurance Requirements Proposer shall maintain insurance from companies licensed to write business in North Carolina, with an A.M. Best rating of A or higher, and acceptable to County, of the kinds and minimum amounts specified below. Certificates and Notice of Cancellation Before commencing work under this contract, Consultant shall furnish County with certificates of all insurance required below. Certificates shall indicate the type, amount, class of operations covered, effective date and expiration date of all policies and shall contain the following statement: The insurance covered by this certificate will not be cancelled or materially altered, except after thirty (30) days written notice has been received by County. Stormwater Utility Feasibility Study Page 9 of 17
The Certificate of Insurance, naming New Hanover County as an additional insured on Consultant s Commercial General Liability and Auto Liability Policies, shall be further evidence by an actual endorsement furnished to the County from the insurer within thirty (30) days of the signing of the contract between the Consultant and the County. Workers Compensation and Employers Liability Insurance Covering all of the Consultant s employees to be engaged in the work under this contract, providing the required statutory benefits under North Carolina Workers Compensation Law, and employer s liability insurance providing limits at least in the amount of $500,000/$500,000/$500,000 applicable to the claims due to bodily injury by accident or disease. Commercial General Liability Including coverage for independent Consultant operations, contractual liability assumed under the provisions of this contract, products/completed operations liability and broad form property damage liability insurance coverage. The policy shall provide liability limits at least in the amount of $1,000,000 per occurrence, combined single limits, applicable to claims due to bodily injury and/or property damage. New Hanover County shall be named as an additional insured under this policy. Automobile Liability Insurance Covering all owned, non-owned and hired vehicles, providing liability limits at least in the amount of $1,000,000 per occurrence combined single limits applicable to claims due to bodily injury and/or property damage. Professional Liability Insurance The policy shall provide liability limits at least in the amount of $1,000,000 per occurrence. Indemnify the County Proposer agrees to protect, defend, indemnify and hold the County, and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, recoveries, costs, charges, and other expenses or liability of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of this agreement and or the performance hereof. Consultant further agrees to investigate, handle, respond to and provide defense for any such claim at his sole expense. Stormwater Utility Feasibility Study Page 10 of 17
Termination of Contract The County reserves the right to cancel the contract by giving a sixty-day written notice. This is in addition to a fiscal year end cancellation caused by lack of funding. Any cancellation as described herein will not be considered a breach of contract and will not be subject to penalty payments other than removal charges. Provided, however, the County shall not exercise any termination without cause within the initial 12 months of final contract execution. Evaluation Criteria Selection Participants Evaluation Team- the Evaluation Team will be responsible for the evaluation and rating of the proposals and demonstrations and for conducting interviews. The Evaluation Team is responsible for evaluating the team s ability to fully execute a stormwater utility feasibility study. Selection Criteria will be used to assist in determining the selected team. The firm s proposal will be evaluated based on the criteria below. Criteria for Selection 1. Compliance with Bid Requirements 2. Ability to provide a clear project plan and approach towards the successful implementation of a stormwater utility 3. Recommendations and approaches to solving the County s specific drainage needs 4. Proposed strategies 5. Customer service 6. Demonstrated experience and knowledge in the development of stormwater utilities Evaluation Selection Process A weighted analysis of the evaluation criteria will be utilized to determine the Proposer that represents the best value solution for New Hanover County. Award Procedures The County reserves the right to make an award without further discussion of the proposals received. Therefore, it is important that the proposal be submitted initially on the most favorable terms from both a technical and cost standpoint. It is understood that any proposal submitted will become part of the public record. A proposal may be rejected if it is incomplete. New Hanover County may reject any or all proposals and may waive any immaterial deviation in a proposal. Stormwater Utility Feasibility Study Page 11 of 17
At a minimum, proposals will be evaluated based upon the criteria above, as well as assessments and comparisons that include evaluations of skills/experience, cost, client service and references, and/or other factors. The County may accept the proposal that best serves its needs, as determined by County officials in their sole discretion. More than one proposal from an individual, firm, partnership, corporation or association under the same name or different names, will not be considered. The County may select and enter into negotiations with the next most advantageous Proposer if negotiations with the initially chosen Proposer are not successful. Stormwater Utility Feasibility Study Page 12 of 17
(Affix Official/Notarial Seal) STATE OF AFFIDAVIT OF COMPLIANCE E-VERIFY COUNTY OF I, (the individual attesting below), being duly authorized by and on behalf of (hereinafter "Contractor") after first being duly sworn hereby swears or affirms as follows: 1. Contractor understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with Article 2 of Chapter 65 of the North Carolina General Statutes; and 2. Contractor understands that Employer, as defined in NCGS 64-25(4), are required by law to use E-Verify to verify the work authorization of the employee through E-Verify in accordance with NCGS 64-26(a). The term Employer does not include State agencies, counties, municipalities, or other governmental bodies. 3. Contractor is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in the state of North Carolina. (mark Yes or No) a. YES, or b. NO 4. Contractor will ensure compliance with E-Verify by any subcontractors subsequently hired by Contractor to perform work under Contractor s contract with Onslow County. 5. Contractor shall keep the County of Onslow informed of any change on its status pursuant to Article 2 of Chapter 64 of the North Carolina Statutes. This day of, 201. Signature of Affiant Print or Type Name: State of County of Signed and sworn to (or affirmed) before me, this the day of, 201. My Commission Expires: Notary Public Stormwater Utility Feasibility Study Page 13 of 17
PROPOSER S CERTIFICATION FORM I have carefully examined the Request for Proposals and submit this proposal to provide consultant services for New Hanover County Stormwater Utility Feasibility Study in accordance with the instructions, terms, conditions, and requirements incorporated in this Request for Proposals. I certify that all information contained in this response is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this response on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. NAME OF FIRM: BY: (Printed Name) SIGNATURE: MAILING ADDRESS: CITY/STATE/ZIP CODE: TELEPHONE NUMBER: EMAIL ADDRESS: ACKNOWLEDGEMENT OF ADDENDA Proposer hereby acknowledges receipt of all Addenda through and including: Addendum No. Date Acknowledgement Stormwater Utility Feasibility Study Page 14 of 17
NON-COLLUSION AFFIDAVIT, being first duly sworn, deposes and says that: l. He/She is the (title) of (firm s name), the Proposer that has submitted the attached Proposal; 2. He/She is fully informed respecting the preparation and contents of the attached Proposal and of all pertinent circumstances respecting such response; 3. Such Proposal is genuine and is not a collusive or sham response; 4. Neither the said Proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other proposing firm or Person to submit a collusive or sham response in connection with the contract for which the attached response has been submitted or to refrain from responding in connection with such contract, or has in any manner, directly or indirectly sought by agreement or collusion of communication or conference with any other responder, firm or person to fix the price or prices in the attached response, if applicable, or of any other responders, or to fix any overhead, profit or cost element of the response price of the response, if applicable, of any other responder or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the New Hanover or any person interested in the proposed contract; and NOTARIZE Subscribed and sworn to before me, Signature Title This day of, 20 Notary Public: My Commission Expires: Stormwater Utility Feasibility Study Page 15 of 17
RFP Number (if applicable): Name of Contractor: IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S. 147-86.55 et. seq. As of the date listed below, the Contractor listed above or any of its subcontractors are not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-86.58. The undersigned hereby certifies that he or she is authorized by the Contractor listed above to make the foregoing statement. Signature Date Printed Name Title Notes to persons signing this form: N.C.G.S. 147-86.59 requires this certification for bids or contracts with the State of North Carolina, a North Carolina local government, or any other political subdivision of the State of North Carolina. The certification is required at the following times: When a bid is submitted When a contract is entered into (if the certification was not already made when the Proposer made its bid) When a contract is renewed or assigned N.C.G.S. 147-86.60 requires that contractors with the State, a North Carolina local government, or any other political subdivision of the State of North Carolina must not utilize any subcontractor found on the State Treasurer s Final Divestment List. The State Treasurer s Final Divestment List can be found on the State Treasurer s website at the address www.nctreasurer.com/iran and will be updated every 180 days. Stormwater Utility Feasibility Study Page 16 of 17
Debarment Statement (For consulting agreements >$25,000) CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS (Executive Order 12549, Debarment and Suspension,34 CFR Part 85) Proposer certifies to the best of its knowledge and belief, that it and its principals: (a) [ ] Are [ ] are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) [ ] Have [ ] have not within a three-year period preceding award of this consulting agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or Local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) [ ] Are [ ] are not presently indicted for or otherwise criminally charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in Paragraph (b) above; and (d) [ ] Have [ ] have not within a three-year period preceding award of this consulting agreement had one or more public transactions (Federal, State or Local) terminated for cause or default. Proposer s Signature Date Typed or Printed Name Stormwater Utility Feasibility Study Page 17 of 17