1 REQUEST FOR PROPOSALS (RFP) FOR A YORK COUNTY STORMWATER AUTHORITY FEASIBILITY STUDY The York County Planning Commission, York, PA is accepting proposals for a one-time contract to perform certain professional services (consulting) work for the York County Planning Commission to determine the feasibility of creating a multi-municipal or county-wide stormwater authority. The purpose of the study is to determine the feasibility of an authority, and if feasible, determine the scope of the authority, the type of authority, and the options for financing the authority. Attached is information relating to submitting a proposal including specific requirements, the organization of the proposal and proposal evaluation criteria. A detailed proposal and price quotation must be received by 1:00 p.m. on Friday, August 1, 2014 in the following formats: a. One (1) in hard copy clearly marked STORMWATER AUTHORITY FEASIBILITY submitted to the York County Planning Commission, 28 East Market Street, Suite 301, York, PA 17401, Attn: Felicia Dell, Director. b. One (1) in electronic version (PDF) ed to with STORMWATER AUTHORITY FEASIBILITY clearly noted in the subject line. Both submissions must be received by the deadline for the proposal to be considered complete. Complete proposals received by the deadline will be reviewed by the Feasibility Study Committee to determine the top candidates. If selected as a top candidate, you will need to prepare a fifteen minute presentation, which will be followed by a not more than fifteen minute interview by the Study Committee. The Project Manager assigned to lead the planning process is required to make the presentation. Those selected to make a presentation will be notified no later than August 15, The presentations will be held the week of August 18 and/or 25, If additional information is needed, please contact Felicia Dell, Director at:
2 REQUEST FOR PROPOSALS (RFP) FOR A YORK COUNTY STORMWATER AUTHORITY FEASIBILITY STUDY TABLE OF CONTENTS Section 1. BACKGROUND Section 2. SCOPE OF WORK Section 3. CONSULTANT QUALIFICATIONS Section 4. CONSULTANT SELECTION Section 5. SUBMISSION REQUIREMENTS Section 6. TERMS & CONDITIONS Section 7. CONTRACT FOR PROFESSIONAL SERVICES (Form) RESOURCES: Interested consultants are encouraged to review the following documents: A. Pennsylvania Watershed Implementation Plan ( m/10513; select the first bullet item, Pennsylvania's Final Phase 2 Chesapeake WIP (PDF), under April 2, 2012 ) B. York County Watershed Implementation Plan: Working Together for Clean Water (At under the tab for Reports and Documents, select letter W, then select Watershed Implementation Plan) C. York County Comprehensive Plan, Integrated Water Resources Plan (IWRP) (At under the tab for Reports and Documents, select letter I, then select Integrated Water Resources Plan) D. DRAFT York County Regional Chesapeake Bay Pollutant Reduction Plan, Pending Approval (At under the tab for Reports and Documents, select letter R, then select Regional Chesapeake Bay Pollutant Reduction Plan) NOTES: The term "proposer" or "firm" in this RFP means the person or firm making a proposal based on the RFP. This project is partially funded by a grant from the Codorus Watershed Endowment Advisory Committee administered by the York County Community Foundation (YCCF). The Foundation has certain requirements and standards that must be met by the York County Planning Commission and its contracted consultant. This Request for Proposals (RFP) has been prepared to meet these requirements and standards. The Foundation will monitor the project. Certain documents and drafts of documents will be subject to review and approval by the Foundation. YCCF's grant agreement number is
3 SECTION I. BACKGROUND York County is located on the west side of the Susquehanna River, which supplies roughly 50% of the water to the Chesapeake Bay. The Chesapeake Bay water quality has degraded to a poor condition, and despite extensive restoration efforts, the poor water quality has continued. This necessitated the U.S. Environmental Protection Agency (US EPA) to establish a "pollution diet" for the Bay, called a Total Maximum Daily Load (TMDL). The TMDL identifies pollutant reductions from major sources of nitrogen, phosphorus and sediment that are needed to restore the Bay and sets pollution limits to meet water quality standards established for the Bay and its tidal rivers. These pollution limits are now mandates for the states within the Chesapeake Bay Watershed to achieve. Pennsylvania has developed a Chesapeake Bay Watershed Implementation Plan (WIP), which sets forth a strategy for the Commonwealth to achieve the required pollutant reductions mandated by the TMDL. This involves finite reductions in nutrients (nitrogen and phosphorus), as well as sediment. The Pennsylvania WIP is significant in two (2) aspects as far as York County is concerned. First, it describes the process by which the required pollution reductions will be achieved through compliance with existing regulations, new technology, nutrient trading, and monitoring/tracking pollution reduction measures implemented. Secondly, the State openly acknowledges that success of the WIP implementation depends largely upon local municipalities being actively engaged with their citizenry. The Chesapeake Bay TMDL is unique for Pennsylvania in the sense that the legal requirement for pollution reductions falls upon the State, while land use authority, which enables the practices and the construction of structures required to reduce pollution, is delegated to local municipalities. The State WIP acknowledges that voluntary actions, along with permit requirements of municipal/county governments, will be required to achieve the mandated pollutant reductions. Pennsylvania has taken its total pollution reduction requirement and divided it among the counties in the Chesapeake Bay watershed to identify draft county targets. These draft targets are intended to be a guide for local water quality improvement efforts, with the goal being that if each county reaches its draft targets, the State will achieve its TMDL allocation requirements. In other words, these draft targets give counties an idea of their piece of the State's pollutant reduction. In order to provide a framework on how York County will achieve its target reductions, the York County Coalition for Clean Waters (formerly the TMDL workgroup) drafted the York County Watershed Implementation Plan: Working Together for Clean Water (York County WIP). The purpose of the York County WIP is to provide a strategy by which York County can best meet its pollutant reduction targets and likewise cleanup impaired streams in the County. It provides a logical process for reducing pollutants by asking and responding to the following questions: $ What needs to be cleaned up? $ Where are the clean-up areas located? $ How can the most reduction for the least amount of cost be achieved?
4 $ How and when should the clean-up begin? $ How should accomplishments be recorded? An array of viable solutions is provided in the Plan. However, the solutions are only effective if and when implemented by local governments. The Plan provides specific strategies for local governments to consider. Two key strategies are identified in the York County WIP that relate to this RFP. One of those, supported by PA DEP and under development, is the preparation of a Regional Chesapeake Bay Pollutant Reduction Plan (CBPRP). All MS4 municipalities are required to submit a CBPRP to PA DEP within one year of receiving their MS4 permit. A draft plan has been completed at a lesser cost than multiple individual plans. It is currently being reviewed by the 43 participating municipalities. The cost savings at the municipal level are anticipated to be directed to implementing BMPs. Additionally, the effort will enable municipalities to contribute to potentially larger structural BMPs that will result in greater strides to meeting the County targets. Likewise, they will receive credit for contributing to projects regardless of whether it is located in their MS4 urbanized area. The second key strategy is the creation of a county stormwater authority. Throughout the development of the Regional CBPRP there has been growing interest in the County playing a lead role in coordinating the efforts, fostering the cooperation, and unifying the communication of the needs and the successes. This interest gained momentum with the June, 2013 amendment to the PA Municipality Authorities Act that allows municipalities the ability to create independent stormwater authorities to oversee stormwater management practices. SECTION II. SCOPE OF WORK A. Purpose: Determine the feasibility of creating a regional or county stormwater authority whose purpose may include: $ to assist municipalities in meeting the Chesapeake Bay mandates, $ to implement BMPS, $ to coordinate and fund infrastructure improvement projects, $ to manage and maintain stormwater infrastructure B Process: *Feasibility Study Committee mtg. - to kick off project 1) Gather public input on stormwater management issues in the County $ Conduct public outreach (surveys, public meetings, data collection, etc.) to determine public opinion on stormwater issues 2) Gather municipal input on stormwater management $ Develop a survey for departments and agencies $ Hold staff interviews with key municipalities
5 *Feasibility Study Committee mtg. - to review public and municipal survey results 3) Inventory the existing stormwater management services in York County $ Identify the current level of stormwater service $ Calculate the current stormwater cost of services *Feasibility Study Committee mtg. - to review the inventory of levels of service and cost information 4) Quantify the change to the current level of service needed to meet the Chesapeake Bay mandates $ Estimate the potential revenue projections to meet the current level of service $ Estimate the potential future revenue projections to meet the required minimum level of service to meet the Bay mandates *Feasibility Study Committee mtg. - to review the analysis of resources needed to meet future needs 5) Identify and evaluate options to fund the expanded stormwater management services including county-wide options as well as multi-municipal options $ Hold meetings with local government jurisdictions to measure support for the stormwater program *Feasibility Study Committee mtg. - to review options and prepare for final presentation to Board of Commissioners 6) Present findings and provide recommendation to the York County Board of Commissioners *Feasibility Study Committee mtg. - to evaluate next steps C. Role of YCPC: The York County Planning Commission has been the lead agency on a number of studies conducted by consulting firms. The YCPC approach to working with consultants is to review the scope of work and develop a work plan with the selected consultant. The work plan identifies tasks that will be accomplished with local resources and those that will be completed by the consultant. The YCPC has a wealth of resources and will provide local data and information thereby utilizing the consultant for their particular expertise. In addition, the YCPC is responsible for administering the grant funds, reviewing and processing invoice payments, and reporting to the funders. D. Role of Feasibility Study Committee: The York County Planning Commission (YCPC) will lead the effort but will rely on technical assistance and guidance from a Feasibility Study Committee. The Feasibility Study Committee will assist in the consultant selection process and
6 provide input and guidance at key points throughout the process. The final study will be presented to the Feasibility Study Committee before being presented to and reviewed by the York County Board of Commissioners. E. Public Participation: Gaining constructive public and municipal input on stormwater management is vital to creating an accurate picture of community temperament for this issue. * Survey techniques for gathering public and municipal input * Study committee meetings: minimum of 6 meetings * Key person interviews: minimum of 10 interviews * Public presentation at York County Board of Commissioners meeting with Q&A F. Feasibility Study Report: This must be a written bound report that is organized and includes the items specified below: 1. A brief executive summary setting forth the key aspects of the planning process and the final recommendation. 2. Summary of background information and data 3. Summary of the public participation process 4. Inventory of Existing Level of Service 5. Analysis of Future Needs 6. Brief description of the Options to meet Future Needs 7. Statement of Final Recommendation 8. Discussion of other considerations and recommendations that the community may want to consider in managing stormwater and the related infrastructure. Total number of full color bound copies required: 2 Number of electronic copies to be provided in PDF format: 1 SECTION III. CONSULTANT QUALIFICATIONS A good planning team for this project involves professionals with an understanding of various interrelated disciplines, such as planning, public administration, environmental engineering, and general accounting. A qualified consultant or consulting team must meet the following requirements: 1. Have documented experience in developing and implementing public participation techniques, such as holding public and study committee meetings, conducting key person interviews, developing effective survey instruments, etc. 2. At least one member of the consulting team must have documented, prior experience conducting planning studies. This person should be the project leader and assume the overall project coordination responsibilities between the grantee and the consulting team. 3. Have documented experience in municipal planning and an understanding of Pennsylvania local and county government structure. 4. Have relevant experience in stormwater management and financing and providing recommendations and guidance to local government officials on infrastructure management, particularly stormwater infrastructure, as well as the management and operation of these facilities.
7 5. Have documented experience in setting goals, analyzing problems, generating alternative solutions and providing recommendations and implementation strategies. SECTION IV. CONSULTANT SELECTION The following factors will be considered in selecting a consultant: A. Technical Expertise and Experience $ The firm's experience in performing similar work, i.e., feasibility of stormwater utilities $ The expertise and professional level of the individuals assigned to conduct the work $ The clarity and completeness of the proposal and the firm's demonstrated understanding of the work to be performed. B. Procedures and Methods $ The techniques for collecting and analyzing data $ The techniques for gathering public and municipal input $ The sequence and relationships of major steps $ The methods for managing the work to ensure timely and orderly completion C. Cost $ The number of hours of work to be performed $ The level of expertise of the individuals proposed to do the work and associated fees D. Oral presentation $ Firms submitting proposals may be invited to give an oral presentation of their proposal. SECTION V. SUBMISSION REQUIREMENTS A. Letter of Transmittal This letter must include the following: $ A statement demonstrating your understanding of the work to be performed. $ A statement confirming that the firm meets the Consultant Qualifications (see Section III above). $ The firm's contact person, telephone number and address. B. Profiles of All Firms This consists of the following: $ A statement indicating name and address of all firms involved in the project and their experience in conducting works of the nature sought by this RFP; advertising brochures may be included in support of this statement. $ The location of the firm's office that will perform the work $ Resumes of individuals (consultants, employees, sub-contractors) proposed to conduct the work and the specific duties of each individual in relation to the work. Organization charts are encouraged. $ A reference list of other clients of the firm, including contact information, that have had similar projects completed for stormwater utility feasibility studies. $ Any other information relating to the capabilities and expertise of the firm in doing
8 comparable work. C. Methods and Procedures The proposal must include a detailed description of the methods and procedures the firm will use to perform the scope of work in Section II. B. Inclusion of examples of similar feasibility studies for stormwater utilities is encouraged. D. Work Schedule The schedule must include, at a minimum, time frames for each major work element, start date, target dates for key milestones in the study, and dates for completion of draft and final documents. The expected completion date is August 1, E. Cost The costs must be itemized showing: $ For each element or task, the person assigned, the title/rank (organizational level) of the person in the organization, the hourly rate, and the number of hours to be worked and the total cost per element or task $ The reimbursable expenses to be claimed $ The itemized costs must be totaled in the proposal to produce a contract price. If awarded a contract, a proposer is bound by this price in performing the work. The contract price may not be exceeded unless the contract is amended to allow for additional costs. $ If awarded a contract, the firm may not change the staffing assigned to the project without approval by the York County Planning Commission. However, approval will not be denied if the staff replacement is determined by the York County Planning Commission to be of equal ability or experience to the predecessor. $ Your method of billing must be stated. The preferred practice of the York County Planning Commission is to pay within thirty (30) days of completion of work and receipt of any required report. The York County Planning Commission will consider paying on a periodic basis as substantial portions of the work are completed. Regardless of the billing method used, 10% of the funds available under the contract will be withheld until the final product is approved by YCPC. The approved grant amount for the Feasibility Study is $65,000. F. Contract See Section 7 below for the contract form SECTION VI. TERMS & CONDITIONS A. General Terms 1. The York County Planning Commission reserves the right to reject any or all proposals and to select the proposal that it determines to be in the best interest of the County of York. 2. The selected consultant is subject to the approval of the Codorus Watershed Endowment Advisory Committee of the York County Community Foundation and is effective only upon their approval. 3. Proposers are bound by the deadline and location requirements for submittals in response to this RFP as stated above.
9 4. Proposals will remain effective for review and approval by the York County Planning Commission, the Feasibility Study Committee, and the Codorus Watershed Endowment Advisory Committee for 90 days from the deadline for submitting proposals. 5. The proposer is encouraged to add to, modify or clarify any scope of work items it deems appropriate to develop a high quality plan at the lowest possible cost. All changes should be listed and explained. However, the scope of work proposed must accomplish the goals and work stated above. B. Grant Conditions 1. Charitable purpose - Grant funds provided by the Community Foundation to the Grantee and the selected consultant will be expended only for charitable purposes that benefit the community it serves. Funds provided to the Grantee and the selected consultant may not be used for any political campaign or for efforts to influence legislation by any governmental body, other than through making available the results of nonpartisan analysis, study and research. 2. Grant payments - Grant payment shall be issued upon Codorus Watershed Endowment Advisory Committee approval of consultant chosen by grantee to perform the feasibility study. 3. Expenditure of funds - Grant funds will be expended in accordance with the approved project budget, solely for purposes described in the Grantee's proposal to the Community Foundation. a. Changes in the itemized use(s) of grant funds require the Community Foundation's prior written approval. b. The Grantee shall return to the Community Foundation any remaining unexpended funds: i. If for any reason, the Grantee does not complete the project. ii. If any funds remain unexpended at the end of the grant period. iii. If the Grantee loses its exemption from Federal income taxes under Section 501 of the Internal Revenue Code or is no longer an organization described in Section 170 (c) of the Internal Revenue Code. 4. Expenses charged against this grant may not be incurred prior to the grant authorization date and may be incurred only as necessary to carry out the proposed project purposes and activities. 5. The Grantee is responsible for the expenditure of funds and for maintaining adequate supporting financial records. 6. The Community Foundation reserves the right to request written documentation of Grant Project expenses and perform an on-site audit of the Grant Project.
10 SECTION VII. CONTRACT FOR PROFESSIONAL SERVICES A proposed contract is included (beginning on next page) for your review. If it is satisfactory to you, it should be completed, executed, and submitted with the proposal. If you prefer an alternative contract, you may submit it as a part of your proposal. However, the York County Planning Commission reserves the right to enter into the enclosed contract with the successful firm or to negotiate the terms of a professional (consulting) services contract.
11 CONTRACT FOR PROFESSIONAL SERVICES This Contract is made and entered into this day of, 2014, by and between the York County Planning Commission, York County, Pennsylvania, ("YCPC") and ("Consulting Firm"). WHEREAS, YCPC desires to have certain one-time professional consulting work performed involving preparation of a Stormwater Authority Feasibility Study; WHEREAS, YCPC desires to enter into a contract for this work pursuant to a Request for Proposals ("RFP") issued by YCPC; WHEREAS, the Consulting Firm desires to perform the work in accordance with the proposal it submitted in response to the RFP; WHEREAS, the Consulting Firm is equipped and staffed to perform the work; NOW, THEREFORE, the parties, intending to be legally bound, agree as follows: THE CONSULTING FIRM WILL: 1. Provide professional consulting services in accordance with the RFP, its proposal in response to the RFP. 2. Obtain approval from YCPC of any changes to the staffing stated in its proposal. However, approval will not be denied if the staff replacement is determined by YCPC to be of equal ability or experience to the predecessor. YCPC WILL: 1. Compensate the Consulting Firm based on the actual hours worked and actual reimbursable expenses for a total amount not to exceed the amount as stated in the separate, sealed bid. The format for the invoicing of services and reimbursable expenses shall be identical to that used by the consultant to itemize costs in its proposal in response to Section 6.E of the RFP; except that the invoice shall show both the charges and, as applicable, work hours for the invoice period and the TOTAL charges and, as applicable, work hours to date of invoice for each line item. 2. Provide the Consulting Firm with reasonable access to YCPC and the Feasibility Study Committee personnel, facilities, and information necessary to properly perform the work required under this Contract. 3. Except as provided in item 4 below, make payment to the Consulting Firm within 30 days after receipt of a properly prepared invoice for work satisfactorily performed. 4. Make final payment of 10% of the funds available to the Consulting Firm under this Contract within 30 days after final product approval by the York County Planning Commission.
12 IT IS FURTHER AGREED THAT: 1. All copyright interests in work created under this Contract are solely and exclusively the property of YCPC. The work shall be considered work made for hire under copyright law; alternatively, if the work cannot be considered work made for hire, the Consulting Firm agrees to assign and, upon the creation of the work, expressly and automatically assigns, all copyright interests in the work to the YCPC. 2. In the performance of services under this Contract, there shall be no violation of the right of privacy or infringement upon the copyright or any other proprietary right of any person or entity. In witness thereof, the parties hereto have executed this Contract on the day and date set forth above. WITNESS: FOR YCPC: TITLE: WITNESS: FOR THE CONSULTING FIRM: TITLE: