City of Malibu Request for Proposal

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Request for Proposal North Santa Monica Bay Coastal Watersheds Monitoring Services Date Issued: April 26, 2016 Date Due: May 17, 2016, 4:00 P.M. The Qualifications Proposal and Cost Proposal must be submitted in separate envelopes clearly identified and marked: Request for Proposal No. 16-001 North Santa Monica Bay Coastal Watersheds Monitoring Services QUALIFICATIONS ; and Request for Proposal No. 16-001 North Santa Monica Bay Coastal Watersheds Monitoring COST PROPOSAL All questions regarding the Request for Proposal / Qualifications (RFP/Q) must be submitted in writing. Please send all questions regarding this Request for Proposal / Qualifications in writing via email to Rebecca Nelson-Brown, Administrative Assistant, at rnelson@malibucity.org or fax to (310) 456-3356.

Section I Introduction A. Purpose for Request for Proposal (RFP): The (City) is interested in contracting with a highly qualified firm to provide water quality monitoring services in order to implement the Coordinated Integrated Monitoring Program (CIMP) for the North Santa Monica Bay Coastal Watersheds. The City will be managing these services on behalf of the County of Los Angeles and the Los Angeles County Flood Control District. The services sought include wet and dry-weather sampling at major outfalls, receiving waters, and TMDL compliance monitoring sites at specified frequencies and locations, coordination of laboratory analysis of the water sample for the constituents described at a State certified analytical laboratory, data analysis, report writing capabilities, and report submission according to the attached Scope of Work. It is recommended that interested parties familiarize themselves with several documents which provide the regulatory framework and/or plans requiring these monitoring programs. These include, but are not limited to: Los Angeles County MS4 Permit http://www.waterboards.ca.gov/losangeles/water_issues/programs/stormwater/m unicipal/index.shtml#los_angeles Enhanced Watershed Management Plan (EWMP) Approved Revision http://www.waterboards.ca.gov/losangeles/water_issues/programs/stormwater/m unicipal/watershed_management/santa_monica/north_santamonicabay/index.sht ml B. Scope of Work: The Scope of Work, as may be modified through negotiation and/or by written addendum, will be made a part of the Agreement. The Coordinated Integrated Monitoring Program (CIMP) provides the approach and major elements of the monitoring plan for the CIMP MS4 Stakeholders within the North Santa Monica Bay Coastal Watersheds. The following tasks and deliverables are provided as a guide to accomplish the objectives. In the case of a conflict between Permit requirements and Approved CIMP requirements, the Approved CIMP shall prevail. Details for tasks and deliverables are included in the CIMP Scope of Work for the North Santa Monica Bay Coastal Watersheds (Attachment 2 to this RFP). Through this RFP, it is specifically intended to procure the following: Project management Stormwater Outfall Monitoring Receiving Water Monitoring TMDL Compliance Monitoring Non-Stormwater Outfall Monitoring & Source Identification Consulting Services 2

Laboratory Analysis Data Management Reporting Installation of new monitoring stations and obtaining all necessary permits, if included in the proposal ADDITIONAL REQUIREMENTS Attend and participate in local and regional meetings on behalf of the City; including locations other than Consultants office and Malibu City Hall as requested by City staff. Respond within one (1) business day to questions from the City. Make presentations to City Council, public, and other agencies as requested by City staff. Qualifications: Each prospective Provider shall submit a statement of qualifications that demonstrates the provider s ability to perform the work proposed. Proposal Contact Information: All questions regarding the Request for Proposal/Qualifications (RFP/Q) must be submitted in writing. Please send all questions in writing via email or fax to: Rebecca Nelson-Brown Administrative Assistant rnelson@malibucity.org Fax: (310) 456-3356 Proposal Submission Information: All proposals must be in conformance with the submittal instructions provided in Section II of this RFP and received no later than 4:00 p.m. on May 17, 2016. Submit four (4) bound copies and one (1) electronic copy. All responses must be submitted in the form set forth in this RFP, sealed and delivered to: Rebecca Nelson-Brown 23825 Stuart Ranch Road Malibu, CA 90265 Any and all proposals received after the deadline will be considered nonresponsive. No faxed or emailed proposals will be accepted. Unacceptable conditions, limitations, provisos, or failure to respond to specific instructions or information requested may result in rejection of the proposal. Consulting Services 3

Section II Proposal Format and Evaluation Process To simplify the evaluation process, the proposal shall be submitted in the format outlined below: 1. Letter of Transmittal The proposal letter shall be addressed to the contact listed and shall include the complete name of the firm or person(s) submitting the proposal, the main office address, primary contact person s name, title, telephone number, email as well as a signature of representative legally authorized to bind the proposal. 2. Table of Contents Clearly defined sections and pages numbered. 3. Executive Summary A summary of the proposal stating the proposer s understanding of the requested needs and approach to work. 4. Provider Profile and Qualifications Include provider and executive information, including management team, resumes and qualifications of key staff that would be assigned, including identification of any proposed subcontractor(s). 5. Experience Provide a description of local government experience and experience completing similar projects. 6. References Provide at least five (5) references of current clients of similar scope with the proposal. Include name, title, address, phone number, and email of contact person. 7. Additional Information Provide any other information you feel is important for consideration in our evaluation of proposals. 8. Cost Proposal (Under Separate Sealed Cover) Provide a cost schedule for the duration of the contract / project. The schedule shall specifically identify all rates to be charged for the required services and provide a total cost for each task specified in the scope based on the required services and deliverables. Any reimbursable fees or other cost should be identified and included in the fee proposal. In addition, provide a list of any additional costs that will be charged by your firm in providing the requested services within the defined scopes of work. The cost proposal shall be submitted in a separate sealed envelope, clearly and plainly labeled Cost Proposal with the name of the company and the project title. The cost proposal is considered criteria once the final recommendation has been made, but is not the sole factor in the section process. Upon the completion of the initial evaluations, the cost proposals will be opened, and Consulting Services 4

negotiations will begin. In the event no agreement can be reached on price, the City reserves the right to begin negotiations with all eligible firms. Confidential Material: Prior to the award of the contract, all proposals will be designated confidential to the extent permitted by the Public Records Act. After award of the contract, or if not awarded, after rejection of all proposals, all responses will be regarded as public records and will be subject to the review of the public. Any language purported to render confidential all or portions of the proposals will be regarded as noneffective and will be disregarded. Anticipated Schedule of Events: Event Date Release RFP April 26, 2016 Mandatory Pre-Bid Meeting 1 May 11, 2016 Question and Answer Section Closed May 13, 2016 Proposals Due May 17, 2016 / 4:00 PM Proposal Evaluations Complete May 23, 2016 Finalists Notified Week of May 23, 2016 Interviews Week of May 30, 2016 Contract Review and Negotiation June 6 & 7, 2016 Agreement to City Council June 27, 2016 Project to Commence July 1, 2016 (These dates are estimates and subject to be changed by the City) Proposal Evaluation and Selection Process: The RFP evaluation is solely for the purpose of determining which contractors are deemed responsible, qualified, and able to offer the best value to the City. Qualifications of applicants will be reviewed and determined by the City and their representatives based upon the submitted documents and any other information available to them. Applicants may be asked to submit additional information, or to be present for an interview. The City reserves the right to investigate and rely upon information from other available sources in addition to any documents or information submitted by the Proposer. The Selection Committee, on behalf of the City, retains the sole discretion to determine issues of compliance and to determine whether a Proposer is responsive and responsible. The City will determine a Proposer s quality, fitness and capacity to perform projects satisfactorily. Each submittal will be judged as a demonstration of the Proposer s capabilities of delivering the services requested with high quality and low total lifetime costs. Evaluation of the responses will be based on a competitive selection process, in which the evaluation of proposals will not be limited to price alone. 1 A representative from the lead firm submitting a proposal must be present for the mandatory pre-bid meeting or the proposal shall be deemed ineligible. Consulting Services 5

The selection committee will make recommendations to Council regarding the selection and request authorization to enter into a contract with the approved provider. The committee reserves the right to accept / reject any or all proposals. Submission of a proposal indicates acceptance of the conditions contained in the RFP and an agreement to negotiate a contract for services. An award can be made on the basis of greatest benefit and not necessarily the lowest cost option. Firms will be evaluated and preference will be given to the firm that demonstrates superior range of services, innovative approaches, technical and contractual solutions, additional services, and flexibility in developing and implementing successful projects. Note: The City reserves the right to contract with any of the firms responding to this RFP based solely upon its judgment of the qualifications and capabilities of the firm. Conflict of Interest: The provider shall disclose any financial, business or other relationships with the City that may have an impact on the outcome of this contract or any resulting project. The City reserves the right to cancel the award if any interest disclosed from any source could either give the appearance of a conflict or cause speculation as to the objectivity of the program. The City determination regarding any questions of conflict of interest shall be final. Limits of General and Professional Liability: The provider shall provide detailed information pertaining to the limits of their general and professional liability insurance. See the attached professional services agreement for details. Section III Additional Information Extension of Deadline In the event the City elects to extend the deadline for submittal of RFP, all applicants will have the right to revise and resubmit their proposal. Right to Cancel The City reserves the right to cancel the request for proposals (RFP), modify any requirements contained within the RFP and request a revised submission from all suppliers, and to establish other evaluation criteria determined to be in the best interest of the City. The City shall also have the right to refrain from awarding the contract altogether. The City can change any aspect of, terminate, or delay this RFP, the RFP process and/or the program which is outlined within this RFP at any time, and notice shall be given in a timely manner thereafter. Award Any contract(s) for this Project will be awarded to the qualified Proposer(s) able to effectively negotiate terms for the project(s) that provide the best value to the City as determined solely by City and its agents. The Selection Committee, on behalf of the City reserves the right to reject any or all proposals, to waive any irregularity in any proposal and to determine which, in its sole judgment, best meets the goals of this RFP. The successful provider will be required to enter into an Consulting Services 6

Agreement with the City which will include the requirements of this RFP as well as other requirements to be determined. The City reserves the right to negotiate the price, terms, and scope of services with the proposer, prior to entering into the Agreement. Prior to award of the contract, the City reserves the right to request additional information regarding the history of operations of the Proposer and its principals. In addition, review of existing equipment, facilities and operations may be conducted by the City. No prior, current or post award verbal conversations or agreements with any officer, agent, or employees of the City shall affect or modify any terms or obligations of this RFP, or any contract resulting from this procurement. No Award Recipients of this RFP are advised that nothing stated herein, or any part thereof, or any communication during the evaluation and selection process, shall be construed as constituting, offering or awarding a contract, representation or agreement of any kind. Non-Acceptance Non-acceptance of any proposal will not imply any criticism of the proposal or convey any indication that the proposal or proposed system or equipment was deficient. Non-acceptance will mean that another proposal was deemed to be more advantageous to the City or that no proposal was deemed acceptable. Not Liable for Costs The is not liable and will not be responsible for any costs incurred by any provider(s) for the preparation and delivery of the RFP responses, nor will we be liable for any costs incurred prior to the execution of an agreement, including but not limited to, presentations by RFP finalists. Property of the City Responses to this RFP will become the property of the City of Malibu, and will form the basis of negotiations of an agreement with the apparent successful provider. Waiver of Irregularities The reserves the right, at its sole discretion, to waive minor administrative irregularities contained in any proposal. No Obligation to Buy The reserves the right to reject any or all proposals at any time without penalty and from contracting with any provider. The release of this RFP does not convey the initiation of a purchase. Withdrawal of Proposals Providers may withdraw a proposal that has been submitted at any time up to the proposal closing date and time. To accomplish this, a written request signed by an authorized representative of the provider must be submitted to the RFP Contact. The provider may submit another proposal at any time up to the proposal closing date and time. No proposal shall be withdrawn after the date and time set for opening thereof, and all proposals shall remain in effect for one hundred and eighty (180) days after the final proposal submission date. Consulting Services 7

Errors in Proposal The will not be liable for any errors in provider proposals. Providers will not be allowed to alter proposal documents after the deadline for proposal submission. Corrections or amendments due to errors identified in the provider s Proposal may be accepted if this type of correction or amendment is due to typing, transposition or any other obvious errors. Providers are liable for all errors or omissions contained in their proposals. Non-Responsive Proposals Proposals deemed non-responsive will be returned to the proposer. Non-Assignability - The Provider 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. Non-Discrimination - The Provider shall not discriminate as to race, creed, gender, color, national origin or sexual orientation in the performance of its services and duties pursuant to this contract, and will comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments. Payment Terms - The Provider shall submit to the City, by no later than the 10 th day of each month, its bill for services itemizing the fees and costs incurred during the previous month. The City shall pay the Provider all uncontested amounts set forth in the Provider's bill within 30 days after it is received. Ownership of Reports and Data - The originals of all studies, reports, exhibits, documents, data and/or other work/material(s) prepared and/or used to comply with any section/condition of these specifications, plus any copies of same required by the agreement to be furnished to the City, shall be deemed to be public records which shall be open to inspection by the public and, as such, shall become and remain the Property of the City. Amendments to Request for Proposal - The City reserves the right to amend the Request for Proposal by addendum prior to the final proposal submittal date. Contract Term - This contract will cover services provided until services are rendered and deemed completed, unless upon mutual consent of the parties. The fee proposed by Provider must be valid for the entire period unless otherwise conditioned in the Proposal. Non-Exclusive Contract - The City reserves the right to contract with other Professional Service firms during the contract term. Consulting Services 8

Insurance - The Provider shall meet all provisions, including, but not limited to, appropriate additional insured endorsements relating to insurance coverage as provided forth in the Sample Professional Services Agreement (Attachment 1). Public Domain - All products used or developed in the execution of any contract resulting from this Request for Proposal will remain in the public domain at the completion of the contract. Upon request, all proposals will be available for public review (except financial statements submitted under separate cover with a confidentiality request, which shall be disclosed only upon order of court with competent jurisdiction) once negotiations are complete and contract award is ready to be made to the successful proposer. Termination - Either the City or the Provider may terminate the Agreement, without cause, by giving the other party ten (10) days written notice of such termination and the effective date thereof. Required Timeframes - The office hours shall be 8:00 a.m. to 5:00 p.m., Monday through Friday, so that the staff will be available to City staff. Conflicts of Interest Provider agrees to promptly notify City whenever a client of Provider has an interest in any project referred to Provider for professional services. In particular, Provider shall disclose any financial interest or relationship with any construction company that might submit a bid on the resulting construction project. The City may withdraw such project with no compensation due, if the Provider has a conflicting interest. Conflict of Interest Disclosure - In accordance with California Government Code Section 87306, the Provider awarded a contract may be required to file a Conflict of Interest Statement. If such requirement is made, the filing must be no later than 30 days after the execution of the contract, annually thereafter prior to June 24th of each year for the duration of the contract, and within 30 days of termination of the contract. Failure to file any required statements will result in withholding payment for services rendered. Inspections - City reserves the right to inspect the work being accomplished by the Provider at any time. Assignment of Personnel - The Provider shall have City's approval prior making the change(s) in a project team assigned to a project. Attachment(s): 1. Sample Professional Services Agreement 2. Scope of Work for the North Santa Monica Bay Coastal Watersheds CIMP Consulting Services 9