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HomeMy WebLinkAbout2021 Stormwater Facilities Plan Update RFP REQUEST FOR PROPOSALS (RFP) 2021 STORMWATER FACILITIES PLAN UPDATE CITY OF BOZEMAN Bozeman, MT City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 December 2020 NOTICE IS HEREBY given that the City of Bozeman (City) is requesting proposals from qualified engineering consulting firms to update its 2008 Storm Water Facilities Plan (2008 Plan). The City has made significant progress in implementing many of the 2008 Plan’s recommendations in the last twelve years, including the development of a comprehensive Stormwater Division (Division). Rapid community growth, evolving regulations, changing industry best practices, and acquired stormwater system information have made parts of the 2008 Plan outdated and not consistent with current Division priorities. The Division plans to use the 2021 Stormwater Facilities Plan Update (2021 Update) to update stormwater policies, plan future capital infrastructure investments, and improve collaboration with other municipal projects. Copies of the RFP are available at the City’s website:  http://weblink.bozeman.net/WebLink8/0/fol/228648/Row1.aspx. All proposals must be provided as a single, searchable PDF document file and be submitted digitally as an email attachment to the RFP Recipient email address below. Respondents are advised that Recipient’s email attachment size limit is 25MB and that only one PDF file will be allowed per response. The subject line of the transmittal email shall clearly identify the RFP title, company name and due date/time. File sizes greater than 25MB in size may be uploaded to bzncloud.bozeman.net upon special arrangement with the Recipient; however, it is the respondent’s sole responsibility to ensure the file upload is completed, and that the Recipient is separately notified via email of same, prior to the given deadline. The deadline to submit the RFP response is Wednesday, December 23, 2020 at 3:00 p.m. MST. It is the sole responsibility of the responding individual to ensure their email transmittal is digitally timestamped as being sent to the Recipient’s email address prior to the prescribed closing time as late submittals will not be accepted. RFP Recipient Email Address: mmaas@bozeman.net Non-Discrimination and Equal Pay: The City of Bozeman is an Equal Opportunity Employer. By submitting a proposal the consultant agrees that should it be selected to provide professional services that all hiring of persons performing work under this solicitation shall be on the basis of merit and qualifications. The consultant will have a policy to provide equal employment opportunity in accordance with all applicable state and federal anti-discrimination laws, regulations, and contracts. The consultant will not refuse employment to a person, bar a person from employment, or discriminate against a person in compensation or in a term, condition, or privilege of employment because of race, color, religion, creed, political ideas, sex, age, marital status, national origin, actual or perceived sexual orientation, gender identity, physical or mental disability, except when the reasonable demands of the position require an age, physical or mental disability, marital status or sex distinction. The Consultant shall be subject to and comply with Title VI of the Civil Rights Act of 1964; Section 140, Title 2, United States Code, and all regulations promulgated thereunder. The consultant represents it is, and for the term of any professional services agreement it may enter, will be, in compliance with the requirements of the Equal Pay Act of 1963 and Section 39-3-104, MCA (the Montana Equal Pay Act). The consultant must report to the City any violations of the Montana Equal Pay Act that the consultant has been found guilty of within 60 days of such finding for violations occurring during the term of any agreement so entered. Failure to comply with these non-discrimination and equal pay provisions may be cause for the City to disqualify the firm from selection. Questions and Additional Information: Any administrative questions regarding RFP transmittal procedures or noticing materials shall be directed to: Mike Maas, City Clerk, (406) 582-2321, mmaas@bozeman.net. Any and all questions or clarifications relating to the RFP scope of services, submittal contents, evaluation criteria, or selection procedures shall be directed solely and exclusively in writing to: Kyle Mehrens, Stormwater Program Coordinator, kmehrens@bozeman.net. The respondent, and any of its associated parties, shall not contact other City staff in the preparation of its response to this RFP. Emailed questions or clarifications will be accepted until Tuesday, December 15, 2020 at 11:59 p.m. MST after which time the questions will be compiled, anonymized and provided with a posted response on the City’s RFP webpage. Further questions will not be entertained after the question period has elapsed. The City reserves the right to amend or modify any element of this RFP by issuance of an addendum at any time prior to the given submittal deadline. Any addenda that may be issued for this RFP will be individually noticed on the City’s RFP webpage. It is the respondent’s responsibility to determine if any addenda have been issued. DATED at Bozeman, Montana, this 25th day of November 2020. Mike Maas City Clerk City of Bozeman For publication on: Sunday, November 29, 2020 Sunday, December 6, 2020 Sunday, December 13, 2020 I. INTRODUCTION The City of Bozeman (City) is requesting proposals from qualified engineering consulting firms to update its 2008 Storm Water Facilities Plan (2008 Plan). The City has made significant progress in implementing many of the 2008 Plan’s recommendations in the last twelve years, including the development of a comprehensive Stormwater Division (Division). Rapid community growth, evolving regulations, changing industry best practices, and acquired stormwater system information have made parts of the 2008 Plan outdated and not consistent with expanding Division priorities. The Division will use the 2021 Stormwater Facilities Plan Update (2021 Update) to update stormwater policies, plan future capital infrastructure investments, and improve collaboration with other municipal projects. The release of this RFP shall not commit the City to enter into a Professional Services Agreement, to pay any expenses incurred in the preparation of any response to this request, or to procure or contract for any supplies, goods or services. II. PROJECT BACKGROUND AND DESCRIPTION In 2007, the City hired HDR Engineering, Inc. and Morrison Maierle, Inc. to complete the 2008 Plan, which included an assortment of financial, technical, compliance, and long-term planning recommendations. At that time, the City did not have a Division formed nor dedicated staff to complete stormwater programmatic or operation-related work. The 2008 Plan highlighted substantial needs and served as a catalyst to initiate a decade long Division development process. Today, the Division employs nine FTEs, collects over $1.5 million annually, and works to: Protect public safety through infrastructure maintenance, repair, and replacement. Improve water quality through programs, standards, and treatment projects. Comply with state and federal municipal stormwater discharge regulations. 2008 Plan Summary: The following sections describes completed work and opportunities that remain per the 2008 Plan’s recommendations.  Chapter 1 - Existing System Inventory: The 2008 Plan provides numerous recommendations regarding the stormwater drainage network’s spatial inventory. In response, The City has developed and now maintains a database of public and private stormwater infrastructure, including location and attribute information for thousands of points and linear assets. The City has also developed and actively maintains a storm sewer inspection program conforming to NASSCO PACP standard protocols. The pipe condition data allows the Division to prioritize maintenance, pipe replacement, and pollution response program needs.  Chapter 2 - System Analysis: The 2008 Plan includes results from a limited domain stormwater model that analyzed runoff impacts during pre-, existing (as of 2008), and future (2020 projection) development conditions. Results showed that the City would need to acquire large tracts of land to build regional facilities in the Bozeman Creek and East Gallatin Basins to reduce the increased quantity of stormwater runoff brought on by development. The 2008 Plan was intended to be high level and stopped short of providing specific details regarding existing storm sewer capacity deficiencies, and the location and size of flood control and treatment components. Regional stormwater facilities have not been pursued to-date due to available land and funding limitations. Instead, the City requires individual developments to implement stormwater quantity and quality control measures that occur at the parcel or subdivision scale. This policy has resulted in hundreds of stormwater facilities scattered across the City, all of which require regular maintenance by property owners or HOAs. Ensuring maintenance occurs by these responsible private parties is a significant and challenging task given the lack of a clear enforcement policy. Opportunities for regional stormwater facilities that are publically owned and operated exist and require further exploration. The 2008 Plan includes a prioritized list of capital projects intended to fix nuisance flooding areas known at publication. This list of projects requires an update. Some problem areas have been corrected, new locations have been identified, and others are beyond the Division’s authority to address or are of low priority given other on-going efforts.  Chapter 3 - Policy Evaluation: The 2008 Plan compares the City's design standards (as of 2008) to those used by other similar jurisdictions in the Rocky Mountains states, identifies areas to address, and provides recommendations to align with industry best practices. The City wrote its current drainage design standards more than 20-years ago, and only minor revisions were made to these standards to reflect 2008 Plan recommendations. The most notable revision is related to water quality and the inclusion of the Montana Department of Environmental Quality's requirement that new and redevelopment projects infiltrate the first 0.5 inches of rainfall from a 24-hour storm. The City recognizes that the stormwater design standards need a wholesale update. A project is underway to modernize these standards, which includes re-evaluating design storms IDF curves, adding requirements for drainage plan submittals, allowance for other rainfall runoff calculation methods beyond the modified rational method, stormwater facility inspection and certification requirements, maintenance specifications and access agreements, and technical design criteria for a host of stormwater best management practices. The updated stormwater design standards are anticipated to be completed in 2021.  Chapter 4 - Permit Compliance: The 2008 Plan includes various recommendations for programmatic activities to comply with the City's Municipal Separated Storm Sewer Systems General Permit (MS4 Permit) issued by DEQ. Since 2008, the MS4 Permit has been re-issued three times and has evolved significantly to become more rigorous and prescriptive. Due to MS4 Permit advancements, many of the 2008 Plan's recommendations are no longer relevant. Staff developed a Stormwater Management Plan (SWMP) in response to current MS4 Permit requirements. The SWMP contains information related to ongoing compliance activities, program elements, and water quality sampling data, and is updated by the Division annually to reflect current conditions. The MS4 Permit expires on December 31, 2021, and the City is currently in discussions with DEQ regarding renewal.  Chapter 5 - Financial Management Evaluation: The 2008 Plan provides recommendations regarding various utility rate structures to pay for stormwater activities. In response, the City undertook an extensive in- house utility development process that resulted in the formation of a dedicated enterprise fund that charges customers for stormwater services monthly based on impervious land cover. The City allocates its stormwater enterprise funding into three programs: o Operations: Funds staff, supplies, subprograms, and system maintenance. o Capital - Deferred Maintenance: Funds pipe replacements and drainage projects primarily focused on the historical components of the system that are undersized and in poor structural condition. o Capital - System Enhancements: Funds stormwater treatment retrofit projects focused on achieving MDEQ’s Bozeman Creek Sediment Waste Load Allocation tied to the City’s MS4 Permit. The Division relies on other funding sources to complete various operations and infrastructure projects, including street cleanup activities and transportation capacity expansion projects. The City has not thoroughly explored alternative funding sources, such as special districts, impact fees, permit fees, enforcement penalties, bonds, and grants. As more costly projects come forward, the Division expands, and policies evolve, alternative funding sources require consideration to offset the impacts to stormwater utility ratepayers to an equitable and practicable extent. Current Stormwater Utility: The Division receives approximately $1.5 million per year in overall revenue collected from the City’s rate base. Of this total, approximately $700,000 per year is allocated to deferred maintenance, water quality capital improvements, and asset management programs. Three significant elements were recognized by the City Commission as necessary to provide the level of service it selected in its initial creation of the Stormwater Utility in 2015. These elements are described below:  Storm Sewer Deferred Maintenance: The Division's current goal is to replace 13.9 miles of historical, undersized, and structurally deficient pipe in the City's downtown core within 15-years. Methods to complete this work include pipe bursting, replacement, and lining. The Division has made progress over the last six years and plans to have over five miles of storm sewer rehabilitated by the end of 2021. The Division has completed a long-term cost analysis projection and expects a $3-4 million funding shortfall at the time of the program's anticipated termination in 2030. This funding gap is from continued uncovering of unexpected drainage issues outside the scope of the Division's initial deferred maintenance planning cost analysis.  System Enhancements/Water Quality Projects: In 2013, the Montana Department of Environmental Quality (MDEQ) completed a Total Maximum Daily Load evaluation for select water bodies in the Lower Gallatin TMDL Planning Area. Bozeman Creek was found to be impaired for sediment and nutrients. A waste load allocation was assigned to the City’s MS4 Permit to reduce sediment discharges by 81 tons/year to meet sediment water quality standards in Bozeman Creek. The MS4 Permit does not contain a waste load allocation for nutrients. In response, the Division has implemented a strategy that includes installing hydrodynamic separator stormwater treatment units (units) for drainage basins that discharge directly (no retention or detention) to Bozeman Creek. The Division has installed 11 units and anticipates to collect approximately 59 tons of sediment in 2020. The Division currently plans to install four additional units by 2023 and estimates that with these additions online that 105 tons of sediment will be collected per year, thus satisfying its permitted TMDL waste load allocation.  Asset Management Program: The City inspects and maintains its public storm sewer infrastructure with a goal to maintain 20% of the system annually, or the entire system at a five-year frequency. The City funds personnel costs through the Division's annual operating budget and capital equipment through the stormwater utility's five-year capital improvement plan. Current Division equipment includes a pipe inspection van, street sweeper, vacuum truck, and service truck, all of which require replacement in the next five-years. A capital replacement schedule is necessary to maintain a functioning fleet to maintain the Division's service level. At the time of the Division’s creation in 2015, the City Commission did not consider all stormwater utility asset classes as being the responsibility of the Division. As the Division has matured, opportunities exist to explore the addition of new funding sources and/or rate increases to move the Division forward by formally enhancing its service level to include previously included items that are presently being addressed by the Division in an ad hoc fashion. Such items include stormwater facilities associated with City-administered new street construction and existing street reconstruction projects, maintenance of oversight of natural and constructed drainage pathways within the City, and roadway culvert inspection and maintenance. The addition of these items to the stormwater utility’s mission and level of service would be substantial. Post-Construction Program: The City does not have an adopted master plan for regional stormwater systems. The result is a decentralized network of approximately 1,000 stormwater facilities constructed within subdivisions and individual site developments. A mix of retention and detention facilities exist. Detention releases are limited to the pre-development rate, with discharges occurring into a mix of natural and constructed drainage pathways. Facilities receive stormwater runoff from private development and the adjacent City right-of-way. Developers typically locate facilities on private parcels, subdivision open space, and dedicated parkland. The governing retention or detention facility design standards have remained mostly unchanged for the last 20 years, other than a slight shift resulting from new water quality requirements driven by the City’s MS4 Permit. The City’s current post-construction policy requires businesses, property owners, or Home Owner Associations (HOAs) to be responsible for facility maintenance in perpetuity. Previous policies did not account for perpetual care or expressly identify an accountable entity for maintenance. To determine existing facility conditions, the City has initiated an inspection program where staff conducts a site visit and completes a report detailing any identified deficiencies. The report is provided to the responsible entity, if one is known, along with a request to provide a voluntary compliance plan containing a timeline to correct identified deficiencies together with a maintenance plan. The City does not currently have stormwater facility maintenance enforcement policy in place, so the Division is presently limited to voluntary actions undertaken by the responsible entity. Other issues presented below confound the Division’s post-construction program and make formulating an enforcement policy challenging.  Many HOAs lack funding, sustainable formation, and infrastructure expertise. In some cases, HOAs are defunct and there is no formed body for the City to regulate.  Development documents, such as maintenance plans, plats, findings of fact, and covenants are inconsistent, do not always exist, or do not specify facility maintenance responsibility. Further, the City has no authority to enforce HOA covenants.  Property access laws and Bozeman Municipal Codes (BMC) are unclear as they apply to accessing stormwater facilities for inspection. The majority are located on private property without access or maintenance agreements.  A portion of facilities were inadequately designed and constructed, resulting in capacity issues, groundwater inundation, and no maintenance access. III. PRELIMINARY SCOPE OF SERVICES The release of this RFP with the preliminary scope of services contained herein does not commit the City to contract with a selected firm for all scope items identified. For purposes of this RFP, the term ‘selected firm’ can mean a single engineering consulting firm or a prime engineering consulting firm together with a sub-consultant firm(s) forming a project team. The City does not expect to update all the 2008 Plan’s sections and appendices comprehensively. The preliminary scope of services for this 2021 Update is outlined below. The City desires that the selected firm diligently completes the work. The City may add additional tasks or work elements during contract negotiations with the selected firm. It is also possible that tasks or work elements may be removed during contract negotiations, not included in an initial contract, or phased because of regulatory uncertainty, budget limitations, contracting strategy, or any combination. In its proposal, a firm is free to recommend the addition/deletion of tasks and/or modification of tasks in describing its particular approach and understanding for the 2021 Update. Proposals must clearly identify any elements of the proposed scope of services that would not be provided by the prime engineering consulting firm. Any sub-consultants that comprise the project team must be identified along with the components of the preliminary scope of services they will complete. A description of the past working history between the firms is required. Task 1: Project Management a) Develop and manage project schedules and budgets. b) Facilitate meetings with the City and provide meeting minutes for any scoped meetings. c) Prepare and submit monthly invoices for progress payments. d) Deliverable QA/QC. Task 2: Post-Construction Facility Recommendations a) Research leading municipal post-construction stormwater facility inspection, maintenance and enforcement programs, and compile collected information. b) Recommend programs and policies addressing the following:  Legal public access, including acquiring inspection access authority for existing facilities with public access, existing facilities without public access, and a plan for future facilities.  Maintenance responsibilities for facilities with known responsible entities, facilities without a known responsible entity, and a plan for future facilities  City enforcement authority, including an escalating protocol for existing facilities and a plan for future facilities. c) Prepare a technical memorandum documenting work completed under this task. Task 3: Existing Storm Sewer Capacity Analysis a) Develop an Innovyze InfoSWMM storm sewer model to evaluate the existing storm sewer system's capacity constructed before 1980, including the various community growth scenarios. b) Identify existing pipe capacity deficiencies compared to current standards, and provide pipe size recommendations or alternative strategies, including planning-level cost estimates, to correct any priority areas. c) Update the nuisance flooding area list contained in the 2008 Plan. d) Prepare a technical memorandum documenting work completed under this task. Task 4: Regional Stormwater Treatment Planning a) Develop regional stormwater flood control and treatment facility recommendations within the City’s Growth Plan Boundary. Recommendations shall:  Use existing natural and constructed conveyance systems, where practicable, to deliver runoff to locations of adequate size and character to meet flood control and water quality criteria.  Document sizing methods and location details for each recommended regional facility and associated drainage basin.  Identify unsuitable areas due to existing development, high groundwater, or other environmental factors that may limit facility size and location.  Identify locations and feasibility to utilize constructed wetlands as a best management practice to treat stormwater runoff quantity and quality.  Provide cost estimates for recommended regional stormwater treatment facilities and possible financing models. b) Prepare a technical memorandum documenting work completed under this task. Task 5: Additional Stormwater Utility Funding Recommendations and Maintenance Asset Classes a) Recommend funding levels and sources required to cover proportionate stormwater infrastructure costs for City-administered street reconstruction projects and new street construction projects. b) Provide recommendations for a maintenance and replacement program for culverts, including funding levels and potential sources. c) Develop an asset management program for existing natural and constructed drainage ways. The program will include, at a minimum:  Database schema  Existing drainage way inventory  Condition assessment criteria  Legal public access for inspection and maintenance assessment  Aerial inventory of existing visible encroachments or obstructions.  Inspection and maintenance recommendations.  Funding source and level recommendations. d) Prepare a technical memorandum documenting work completed under this task. Task 6: Stormwater Utility Capital Improvements Plan (CIP) Recommendations a) Review the Division’s current capital improvements strategy and the stormwater utility rate structure, and offer recommendations for modification. b) Review the Division’s asset management-related work and condition database to develop a prioritized list of capital improvement projects with estimated costs. Arrange the prioritized list into a five-year CIP, and mid- and long-term CIPs. Document selection criteria or rationale for the priority project listing. c) Recommend rate policies or other funding sources and financing options to fill identified capital and deferred maintenance funding gaps. d) Prepare a technical memorandum documenting work completed under this task. Task 7: 2021 Stormwater Facilities Plan Update a) Assemble all technical memoranda prepared into a 2021 Stormwater Facilities Plan Update package provided with a table of contents, lists of charts and figures and executive summary. The final plan will be provided as a document linked PDF and hard copy. IV. PROPOSAL CONTENT AND FORMAT Proposals must clearly identify any elements of the proposed scope of services that would not be provided by the primary consulting firm. Any sub-consultants which comprise the respondent team must be identified along with a description of past working history between the firms. Proposals must contain the following information and be organized under the headings below. Proposal Contents: Respondents shall provide a proposal formatted into the following sections:  Firm Background  Project Overview  Project Approach  Management Approach  Staff Qualifications  Staff Current and Projected Workload  Related Experience on Similar Projects  Proposed Schedule  Nondiscrimination Affirmation Form (see Attachment A) i. Failure to provide a signed Nondiscrimination Affirmation may disqualify the firm from selection. Proposal Format: Respondents shall provide proposals as a single, searchable PDF document file format that meet the following criteria:  RFP responses shall contain a cover letter, not exceeding one page in length, signed by an officer or principal of the responding prime firm. Digital signatures are allowed.  RFP responses must be contained within 20 total pages or less, including whatever graphics, charts, tables, figures and text narrative the firm deems necessary and appropriate. Page size shall be no larger than 8-l/2 x 11 inches, with margins no smaller than 0.75 inches, and text information no smaller than 11-point type.  The following pages are exempted from the maximum 20 page limit: Cover Page, Cover Letter, Table of Contents Page, Divider Pages, and Resumes. Page size for exempted pages remains limited to 8-l/2 x 11 inches, with no smaller than 0.75” margins, and text no smaller than 11-point type.  An exception is granted to the otherwise required 8-l/2 x 11 inches page size for a project schedule sheet, which may be provided at a page size of 11 x 17 inches, but the schedule sheet does apply towards to maximum 20 page limit. V. TIMELINES AND DEADLINES EVENT DATE/TIME Publication dates of RFP November 29, 2020 and December 6 and 13, 2020 Deadline for RFP questions & clarifications December 15, 2020 at 11:59 p.m. MST City Response to questions & clarifications December 17, 2020 Deadline for transmittal of proposals December 23, 2020 at 3:00 p.m. MST Evaluation of proposals December 28, 2020 to January 8, 2021 Interviews (if necessary) and Selection January 11 - 15, 2021 Contract Negotiation January 18, 2021 to February 8, 2021 Contract Authorization & Notice to Proceed March 1, 2021 The timeline of events following deadline for transmittal of proposals is aspirational and is not predetermined. The City endeavors to conduct these post-deadline events diligently in order to arrive at contract authorization and notice to proceed by the date shown. Failure to reach the notice to proceed milestone by the date shown imparts no liability on the part of the City. VI. PROPOSAL SUBMISSION By submitting its proposal the consulting firm makes an incontrovertible and unequivocal representation that it understands, respects, and agrees to be bound by the terms and processes described herein that the City will employ in its review, evaluation, selection and contract negotiations occurring under this RFP procurement action. The proposal shall be submitted as stated in the notice. VII. SELECTION PROCEDURE Procurement of consulting services under this RFP is governed by Sec. 18-8-201 MCA et. Seq. and the specific processes contained within this RFP. Proposals meeting the submittal requirements and deadline will be distributed to a project selection committee for review and evaluation. The selection committee will consist of no fewer than three (3) City staff members whose identities will remain anonymous ahead of the submittal deadline. Proposals will be distributed to the selection committee where they will be individually evaluated against the selection criteria below. Upon review, each member will assign an ordered ranking of the proposals from most- qualified to least-qualified. The most-qualified proposal will be assigned a ordinal value of one (1), the second most-qualified an ordinal value of two (2), continuing in this fashion until the least qualified proposal is found and given an ordinal value equaling the total count of proposals received. Ordinals assigned to each proposal by each committee member will then be summed together and sorted from lowest ordinal sum to highest ordinal sum, producing the selection committee’s initial ranking list from most-qualified to least-qualified. The selection committee will review the initial ranking list and determine at its sole discretion whether it will conduct interviews with the top ranking firms of its choosing, or it may determine that it will forego interviews and simply select the most-qualified firm from the initial ranking list to enter contract negotiations. Should the selection committee determine to conduct interviews, it will select the consultant it determines to be most-qualified upon a combined evaluation of the written proposal and interview performance. Contract negotiations will proceed after selection and will take into account the estimated value of services to be rendered, as well as the scope, complexity and professional nature thereof, in order to arrive at a contract that the City determines to be fair and reasonable. If the City is unable to negotiate a satisfactory contract with the consultant initially selected at a price the City determines to be fair and reasonable, negotiations with that consultant will be formally terminated and the City will select another consultant in accordance with Sec. 18-8-204 MCA and continue until an agreement is reached or the procurement process is terminated. VIII. SELECTION CRITERIA Proposals will be evaluated on the criteria listed below. These are minimum criteria listed in Sec. 18-8-204 MCA as well as an additional criterion capturing the consultant’s specific project approach and understanding. These criteria are not assigned point values for relative weighting in the evaluation and ranking process. Instead, selection committee members will review and evaluate the proposal as a whole to assign proposal rankings from most- to least-qualified.  The consultant’s specific project approach and understanding;  Qualifications of professional personnel to be assigned to the project;  Capability to meet project time and budget requirements;  Location of the consulting firm;  Present and projected workloads;  Related experience on similar projects; and  Recent and current work for the City. IX. CITY RESERVATION OF RIGHTS/LIABILITY WAIVER  All proposals submitted in response to this RFP become the property of the City and are considered public records and, as such, may be subject to public review.  The City reserves the right to accept or reject any and all proposals; to add or delete preliminary scope items and/or quantities; to amend the RFP; to waive any minor irregularities, informalities, or failure to conform to the RFP; to extend the deadline for submitting questions or proposals; to postpone contract authorization and notice to proceed for any length of time it determines necessary; to award one or more contracts, by item or task, or groups of items or tasks, if so provided in the RFP and if multiple awards or phases are determined by the City to be in the public interest; and to reject, without liability therefore, any and all proposals upon finding that doing so is in the public interest.  The City reserves the right to reject the proposal of any person/firm who previously failed to perform properly to the satisfaction of the City, or complete on time agreements of similar nature, or to reject the proposal of any person/firm who is not in a position to perform such an agreement satisfactorily as determined by the City.  The City reserves the right to determine the most-qualified consultant and negotiate a final scope of service and cost, negotiate a contract with another consultant if an agreement cannot be reached with the first selected consultant, or reject all proposals.  This RFP does not commit the City to award a contract. The City assumes no liability or responsibility for costs incurred by firms in responding to this request for proposals or engaging in the selection process, prior to the issuance of a contract. The consultant, by submitting a response to this RFP, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFP.  The City reserves the right to cancel, in part or in its entirety, this RFP including, but not limited to: selection procedures, submittal date, and submittal requirements. If the City cancels or revises this RFP, all consultants who submitted proposals will be notified using email.  Projects under any contract are subject to the availability of funds. X. ATTACHMENTS The attachments below are incorporated in this RFP:  Attachment A: Non-Discrimination Affirmation Form Other resources: The following documents are available upon request:  2008 Storm Water Facilities Plan  City of Bozeman and Montana State University Stormwater Management Plan  Montana Post-Construction Storm Water BMP Design Guidance Manual  Montana General Permit for Stormwater Discharges Associated with Small Municipal Separate Storm Sewer Systems (MTR040000)  City of Bozeman Design Standards and Specifications Policy (note: this document is in process of being updated. Completion anticipated 2021.)  City of Bozeman Community Plan 2020 Draft - Planning Area Boundary (note: approved by the Bozeman City Commission on November 17, 2020) END OF RFP EXCEPT FOR ATTACHMENTS Attachment A NONDISCRIMINATION AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. _______________________________________ Name and title of person authorized to sign on behalf of submitter