RFP_for_Stormwater_Inspection_Services_at_Commercial_&_Industrial_Facilities.pdf

REQUEST FOR PROPOSAL

RFP FOR STORMWATER INSPECTION SERVICES AT COMMERCIAL &

INDUSTRIAL FACILITIES

25-1182

Issued By:

City of Milpitas Purchasing Division

455 E. Calaveras Blvd.

Milpitas, CA 95035-5411

City of Milpitas Purchasing Website

RELEASE DATE: December 19, 2025 DEADLINE FOR QUESTIONS: January 7, 2026

RESPONSE DEADLINE: January 28, 2026, 12:00 pm

RESPONSES MAY BE SUBMITTED ELECTRONICALLY TO:

https://procurement.opengov.com/portal/milpitas-ca https://www.milpitas.gov/264/Bid-Opportunities

The City of Milpitas

RFP for Stormwater Inspection Services at Commercial & Industrial

Facilities

I. Notice of Request For Proposals II. Introduction

III. Scope of Work IV. Vendor Questionnaire V. Submission Instructions

VI. Evaluation and Award Process VII. Evaluation Criteria

VIII. Terms & Conditions

Attachments:

A - RFP Submittal Forms to Complete B - Exemplar Agreement - Professional Services Agreement C - Scope of Work D - Insurance Requirements E - Business Inspection Plan F - Enforcement Response Plan G - Annual Report Template H - Stormwater Cost Form

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182

I. Notice of Request For Proposals

Notice is hereby given that proposals will be received on the City of Milpitas eProcurement website OpenGov, until Wednesday, January 28, 2026 for: RFP for Stormwater Inspection Services at Commercial & Industrial Facilities.

The scope of work, content of the proposal, and the selection process are described in the Request for Proposals (“RFP”). Interested parties may obtain copies of the RFP through the Milpitas purchasing website at https://www.milpitas.gov/264/Bid-Opportunities or directly through OpenGov at https://procurement.opengov.com/portal/milpitas-ca.

SUBMITTING THE PROPOSAL: The City requires that proposals be submitted electronically through its eProcurement website on OpenGov. Electronic proposals must be submitted through OpenGov by the Submittal Deadline noted above. It is the sole responsibility of the Proposer to ensure that its proposal is submitted through OpenGov before the RFP closing date and time.

Electronic proposal submittals require uploading electronic attachments. All uploaded documents must be attached as separate Microsoft Word, Excel, or Adobe PDF files only.

Submission of attachments containing embedded documents is prohibited. It is the responsibility of the Proposer to familiarize itself with the OpenGov eProcurement system, and the City does not assume any liability or responsibility for late proposals.

Registration. Proposers must register on OpenGov to submit proposal responses. If you are not already registered, please go to https://procurement.opengov.com/portal/milpitas-ca and click on +Subscribe. There is no cost to register for or participate in City of Milpitas solicitations.

License and Bonding. Proposer shall be licensed and bonded in accordance with industry practices, laws, rules, and regulations governing the performance of services required in this

RFP.

For more information regarding the RFP, please contact:

David Gardner

Buyer dgardner@milpitas.gov https://procurement.opengov.com/portal/milpitas-cs

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182

II. Introduction

II.A Summary

The City of Milpitas is issuing this Request for Proposals (RFP) for Stormwater Inspection Services at Commercial and Industrial Facilities for a period of up to five (5) years as part of the City's Industrial and Commercial Site Controls Program, as outlined in Provision C.4. of the City of Milpitas Municipal Regional Stormwater Permit (MRP), Order No. R2-2022-0018 NPDES Permit No. CAS612008, issued by the San Francisco Bay Regional Water Quality Control board on May 11, 2022. See more information at California Regional Water Quality Control Board Municipal Regional Stormwater NPDES Permit.

II.B Background

II.C Timeline

Schedule of Activities.The City reserves the right to amend the schedule below as necessary. All times referenced are in Pacific Time.

Release Date December 19, 2025

Question Submission Deadline January 7, 2026, 12:00pm

Proposal Submission Deadline January 28, 2026, 12:00pm

III. Scope of Work

III.A SOW

See Attachment C - Scope of Work https://www.waterboards.ca.gov/sanfranciscobay/board_decisions/adopted_orders/2022/R2-2022-0018.pdf https://www.waterboards.ca.gov/sanfranciscobay/board_decisions/adopted_orders/2022/R2-2022-0018.pdf

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182

IV. Vendor Questionnaire

In order to be fully compliant with the requirements of the RFP, please follow this format exactly siting each heading (Cover Letter, Company Profile, etc.). Proposer may include any additional information they feel is relevant to the RFP, but at a minimum include each and every numbered and lettered item below in the proposal.

Once submitted, the Proposal and any supplementary documents become the property of the City.

IV.A Proposer Contact Information* Please provide your full name, your title, direct phone number, email address, your firm's name, and today's date.

*Response required

IV.B Time is of the Essence* Time is of the essence for each and every provision of this Agreement/Contract. Vendor confirms that is has thoroughly reviewed every requirement of this solicitation and the accompanying sample Agreement/Contract and will furnish all necessary documents outlined in either this solicitation or the attached Agreement/Contract. By confirming this question, vendor understands that failure to provide any and all documents required by this RFP may result in the disqualification of their bid/proposal.

☐ Please confirm *Response required

IV.C Acknowledgement of Addenda* Any proposal submitted that does not acknowledge each and every addenda issued may be considered non-responsive. By confirming this prompt, you agree that you have seen and responded to all addenda to the RFP.

☐ Please confirm *Response required

IV.D Acknowledgement of Questions and Responses* Any Proposal submitted that does not acknowledge questions and the City's corresponding answers may be considered non-responsive. By confirming this prompt, you agree that you have seen all questions and answers related to the RFP.

☐ Please confirm *Response required

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182

IV.E Current W-9* Please upload your firm's current W-9 form.

*Response required

IV.F Prior Contract Failure* Proposer MUST disclose any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable.

If “None,” Proposer MUST state as follows:

“Proposer has no prior or ongoing contract failures, civil or criminal litigation or pending investigation.”

Failure to comply with this provision will disqualify any proposal.

*Response required

IV.G Cover Letter* The cover letter shall address the following items and be formatted as detailed below covering each item A through F. Failure to cover each item may be grounds for disqualification.

A. The cover letter shall identify the legal form of the firm, and if a corporation, shall identify in which state the firm was incorporated.

B. The cover letter shall be signed by a principal of the firm or other person authorized to act on behalf of the firm.

C. The cover letter shall identify the location of the firm’s home office, and indicate whether or not the firm has management staff in the San Jose/Oakland/San Francisco area.

D. The number of employees.

E. Name, address, telephone number, and email address for Proposer’s point of contact for a contract resulting from this RFP.

F. Length of time Proposer has been providing services described in this RFP. Please provide a brief description.

*Response required

IV.H Company Profile* The Proposer shall provide a general description of the firm, including a brief history and its experience in providing similar services as those requested in this RFP. The City will only consider submittals from Proposers whose proposed team can demonstrate the following background and capabilities:

• A long term, well established entity providing services in the State of California;

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182

• Contractually commit that the team defined in the proposal will perform the Services under the Agreement should it be chosen.

*Response required

IV.I Execution Plan* The plan represents the Proposer’s offer of Services to the City. The proposed execution plan must include a detailed work plan describing how the Proposer will meet the project objectives in the most cost-effective and timely manner. This section is to provide a detailed explanation of the Proposer’s approach in performing the Services described in the RFP – SEE SCOPE OF WORK.

*Response required

IV.J Personnel Assigned* Shall include all of the following:

A. A project manager authorized to act on behalf of the firm must be designated and shall be the principal contact for the City.

B. Identify any individuals expected to have backup responsibilities.

C. Provide a brief resume/background of the specific individuals assigned to this project;

resumes should highlight education, certifications, and trainings on topics, preferably specifically related to Municipal Regional Stormwater inspections such as Industrial and Commercial Site Controls and Illicit Discharge Detection and Elimination. Resumes should not exceed one paragraph per person.

D. The proposal shall state that no changes in key personnel are to be made without written consent of the City.

Failure to comply with each item A through D may be grounds for disqualification.

If the City elects to interview prospective firms, such persons shall be in attendance and materially contribute to the discussion.

*Response required

IV.K Technical Proposal* Attach your Technical Proposal here. Your Technical Proposal shall include, but not be limited to, the following:

A. Confirmation of your ability to meet all required elements noted in the Scope of Work and any relevant details.

B. Any additional recommendations for services and an explanation of your ability to provide them.

You may also include any other relevant information regarding your Inspection Services you believe is relevant for the City to take into consideration in evaluating your Proposal. Note: Do

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182 not include cost in this response. All cost information should be provided in your Proposed Compensation response.

*Response required

IV.L Proposed Compensation* Complete and attach your proposed compensation using Attachment H - Stormwater Cost Form.

Cost proposal shall include everything necessary for the provision of all products and services, including, but not limited to furnishing all labor, materials, equipment, tools, facilities, management, overhead expenses and profit for full 5-year term of the intended resulting Agreement. Your cost form must be signed by your authorized representative who is legally empowered to contractually obligate your firm.

Upload your completed Stormwater Cost Form in the native Excel file. You may also include a PDF version, if necessary, that contains the signature of your authorized representative. Note that any annual increases will be limited to no more than 3% over the previous year's rates.

*Response required

IV.M Certification of Proposer* Complete, sign, and upload your Certification of Proposer form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.N Non-Collusion Declaration Complete, sign, and upload your Non-Collusion Declaration form here. See Attachment A - RFP Submittal Forms to Complete.

IV.O Proposer's Statement Regarding Insurance Coverage* Complete, sign, and upload your Proposer's Statement Regarding Insurance Coverage form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.P Worker's Compensation Insurance Certification* Complete, sign, and upload your Worker's Compensation Insurance Certification form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.Q Nondiscriminatory Employment Certificate* Complete, sign, and upload your Nondiscriminatory Employment Certificate form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182

IV.R Wage Theft Certification* Complete, sign, and upload your Wage Theft Certification form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

IV.S References* Complete, sign, and upload your References form here. See Attachment A - RFP Submittal Forms to Complete. Proposers are directed to use the form provided in Attachment A to list references in existing or past contracts that demonstrate experience with Municipal Regional Stormwater related inspections.

*Response required

IV.T Compliance with or deviation from RFP and Agreement* Complete, sign, and upload your RFP and/or Agreement Exceptions form here. See Attachment A - RFP Submittal Forms to Complete.

*Response required

V. Submission Instructions

V.A Proposal Submittal

A. Proposals must be submitted electronically through the City's eProcurement website https://procurement.opengov.com/portal/milpitas-ca.

B. Submittal Deadline. Proposals must be uploaded to and submitted on the OpenGov website by the specified Submittal Deadline.

C. Responsibility. Proposer is solely responsible for ensuring its proposal is successfully uploaded and submitted in accordance with the RFP requirements before the Submittal Deadline. The City shall not be responsible for any delays in transmission or errors in your submitted response. Proposals must be uploaded in Microsoft Word, Excel or Adobe PDF format only, using as few files as possible. Do not wait until the last minute to upload files and submit your proposal response as delays can occur. In the event that there is a problem uploading documents or submitting your proposal, please contact OpenGov support for assistance at https://opengov.my.site.com/support/s/contactsupport, Chat: http://support.opengov.com, Email: support@opengov.com, or Phone: (650) 336- 7167.

D. Extension of Submittal Deadline. The City reserves the right to extend the Submittal Deadline when it is in the best interest of the City to do so.

https://procurement.opengov.com/portal/milpitas-ca https://opengov.my.site.com/support/s/contactsupport http://support.opengov.com/ mailto:support@opengov.com

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182

E. Forms. To be considered for award, each proposal shall be made on forms furnished by the City in this RFP.

F. Late Proposals. The Submittal Deadline is absolute. Proposals will not be accepted after the Submittal Deadline.

G. Signature. To be considered for award, each proposal shall be signed by an authorized representative of the Proposer.

V.B Proposal Modifications

Any Proposer wishing to make modifications to a proposal that has already been electronically submitted may utilize the "unsubmit response" option on their submitted proposal, make their modifications, and then submit their response again prior to the specified Submittal Deadline. Proposers are solely responsible for ensuring that their final responses are submitted prior to the Submittal Deadline. The eProcurement system will not allow submittal of proposal after the Submittal Deadline.

V.C Authorized Signatures

Every proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract. Upon request of the City, any agent submitting a proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to bind the Proposer. If an individual submits a proposal, their signature and post office address must be listed in the proposal. If a firm or partnership submits a proposal, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be provided in the proposal. If a corporation submits a proposal, the proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation. Upon request of the City, the corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the proposal to execute contracts on behalf of the corporation.

V.D Interpretation of Contract Documents

If any person is in doubt as to the true meaning of any part of the RFP or finds discrepancies or omissions in the RFP, they may submit a request for an interpretation or correction through the OpenGov Question & Answer portal for this RFP no later than the specified deadline for questions.

The City will respond either by response in the Question & Answer section of the RFP or through a formal addendum. This solicitation and all such responses or addenda shall be incorporated into the resulting Agreement, whether directly or by reference. Oral and other interpretations or clarifications shall be without legal or contractual effect. It is the sole responsibility of each Proposer to check the website for addenda and questions/answers prior to submitting any

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182 proposal. In the event that this solicitation is obtained through any means other than the City's e-procurement portal on OpenGov, the City will not be responsible for the completeness, accuracy, or timeliness of the final solicitation document.

To submit questions:

A. Go to the Milpitas Procurement Portal at https://procurement.opengov.com/portal/milpitas-ca;

B. Click on the title of the solicitation to open the solicitation page;

C. Click on the "Question & Answer" tab, and then click "Ask Question."

Responses to questions/requests for clarification will be posted to the solicitation on the OpenGov website.

The deadline for submitting questions related to this solicitation is: Wednesday, January 7, 2026

Questions answered on OpenGov are considered to be a part of or clarification to the RFP and are considered to be addenda to be acknowledged by Proposers in their proposal submittals using the form provided. The City may also issue, at its sole discretion, a separate addendum document in response to questions/requests for clarification.

It is the responsibility of each Proposer to ensure that they have registered on OpenGov and subscribed to receive notifications. To register a new account, go to the City's e-procurement website https://procurement.opengov.com/portal/milpitas-ca and click + Subscribe.

Any proposal submitted that does not acknowledge each and every question/answer may be considered non-responsive. Questions/answers, if any, must be acknowledged on the provided form in the space provided.

V.E Addenda

Addenda issued pursuant to this RFP, if any, will be posted on the City's eProcurement website.

However, it is the sole responsibility of the Proposer to check the website to determine whether any addenda have been issued.

Any proposal submitted that does not acknowledge each and every addendum issued may be considered non-responsive. Addenda, if any, must be acknowledged by answering the question in the Vendor Questionnaire entitled "Acknowledgement of Addenda."

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182

VI. Evaluation and Award Process

VI.A Award of Contract

Award, if made, will be made to the Proposer offering the most advantageous proposal after consideration of all evaluation criteria set forth the section entitled "Evaluation Criteria." An Evaluation Committee will be established by the City. Proposers not meeting the minimum requirements established in this RFP and not submitting all required documents may be deemed non-responsive to the RFP and thus may not be considered by the Evaluation Committee. The Evaluation Committee will evaluate all proposals received in accordance with the Evaluation Criteria. The City shall not be obligated to award to the lowest priced proposal but will make an award in the best interests of the City after all factors have been evaluated.

VI.B References

The Evaluation Committee may also contact and evaluate the Proposer's and subcontractor's references; contact any Proposer to clarify any response; contact any current users of a Proposer’s services; solicit information from any available source concerning any aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process.

VI.C Additional Discussions

Discussions, such as interviews or system demonstrations, may, at the City’s sole option, be conducted with a short-list of responsive and responsible Proposers for the purpose of clarification to assure full understanding of, and responsiveness to, the RFP requirements or to provide the City with a demonstration of the proposer’s proposed product or software. Revisions may also be requested by the City, at its sole option, after original submissions and before award for obtaining best and final proposals.

Each Proposer shall be accorded fair and equal treatment throughout this process. The City will not disclose information submitted by competing Proposers.

VI.D Contract Negotiations

A Notice of Intended Award will be posted to the RFP on OpenGov. Final award is contingent upon successful negotiation of a contract based on the City’s standard terms and conditions.

Negotiations shall be confidential and are not subject to disclosure until after agreement is reached. If contract negotiations cannot be concluded successfully and in a timely manner with the top-ranked Proposer, the City may, in its sole discretion, initiate negotiations with the next highest scoring Proposer.

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182

The City reserves the right to contract in the manner that most benefits the City, including awarding more than one contract if desired. The City also reserves the right to cancel this RFP in its entirety and at its sole discretion.

Once negotiations are successfully completed, the Proposer will be recommended to the City Council for contract approval, and the City Council has the final authority to approve or reject the contract award.

VI.E Protest Procedure

Should any Proposer protest the award to the Proposer offering the most advantageous proposal after consideration of all Evaluation Criteria, such protest should be submitted in writing to the designated Purchasing Contact for this solicitation. All protests received will be filed and adjudicated in compliance with the City Municipal Code Section “I-2-3.19– Protest Procedure”.

VII. Evaluation Criteria

No. Evaluation Criteria Scoring Method Weight (Points)

1. Cover Letter and Compliance with RFP Requirements Has the firm successfully and completely answered the required information to provide an accurate and complete overview of its experience, capabilities, and organization?

Overall, has the firm demonstrated the ability to successfully provide services for projects of a similar complexity and nature as described herein. Have all required sections and information been provided clearly and completely?

0-10 Points 5 (5% of Total)

2. Company Profile Does the firm offer the breadth and quality of services required for the types of planning services listed in the Scope of Work? Does the firm’s organizational structure show sufficient depth and capacity for its current and additional workload proposed by this project?

0-10 Points 10 (10% of Total)

3. Execution Plan Has the firm satisfactorily described its ability to achieve budget, task and timeline delivery goals for projects of a similar complexity and nature as described in the Scope of Work?

0-10 Points 25 (25% of Total) https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIAD_CH2PU_S3PRMEPR_2-3.19PRPR https://library.municode.com/ca/milpitas/codes/code_of_ordinances?nodeId=TITIAD_CH2PU_S3PRMEPR_2-3.19PRPR

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182

4. Personnel Assigned What are the qualifications of principals and project team members and what would be the primary responsibilities of each? What experience do these members bring with them in performing similar services? Do assigned personnel have the requisite education, experience, and professional qualifications?

0-10 Points 15 (15% of Total)

5. Technical Proposal Does the Proposal response provide clear confirmation of Proposer's ability to meet all requirements noted in the Scope of Work and any relevant details? Has the Proposer provided any additional relevant recommends and/or information and substantiate their ability to provide the services?

0-10 Points 20 (20% of Total)

6. Proposed Compensation Fee proposals shall include everything necessary for the completion of all Services or otherwise fulfillment of the Agreement including but not limited to furnishing all labor, materials, equipment, tools, facilities and all management; overhead expenses and profit required to complete the Services in accordance with the Scope of Work. Fee proposals must contain the information to accurately and completely capture all Proposer's costs.

0-10 Points 20 (20% of Total)

7. References Are the firm’s references from past clients and associates overall favorable? What is the Proposer’s record of deliverables submitted on time and within budget? Does the firm communicate with, collaborate with, and take direction well from City staff? Note that the initial evaluation will be based on the information provided by Proposer in the Reference Form. Final scores will reflect actual reference checks if conducted at the City's sole discretion.

0-10 Points 5 (5% of Total)

VIII. Terms & Conditions

VIII.A Term of the Agreement

The City intends to enter into an agreement with the awarded vendor for a 5-year term. The Agreement is currently anticipated to begin as soon as possible following completion of this

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182

RFP. The City reserves the right to review the successful Proposer’s performance at any time throughout the term of the Agreement and cancel all or part of the Agreement, with or without cause, in its sole discretion.

VIII.B Anti-Discrimination

It is the policy of the City that in connection with all Services performed under the Agreement, there will be no discrimination against any prospective or active employee engaged in the Services because of race, color, ancestry, national origin, religious creed, sex, age, or marital status. The Proposer agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practice Act, beginning with Labor Code Section 1735. In addition, the Proposer agrees to require like compliance by any subcontractor employed to complete any Services under the Agreement.

VIII.C Background Checks

All employees of the successful Proposers assigned to perform any services and duties identified in this RFP may be required to undergo a background security check (LifeScan or other background check as required by the City) and must be a minimum of twenty-one (21) years of age.

VIII.D Attachment Review

Please review attachments to ensure the proper Sample Contracts and forms are included

VIII.E California Secretary of State

The awarded Proposer will be required to have and maintain an active registration and be in good standing with the California Secretary of State throughout the term of the contract. See https://bizfileonline.sos.ca.gov/search/business for more information.

VIII.F Milpitas Business License

The awarded Proposer will be required to comply with the City's business license registration requirements set forth in its municipal code. See https://www.milpitas.gov/241/Business- License-Center for more information.

VIII.G Communication

Each Proposer must comply with the communication requirements specified herein. Any Proposer who communicates with parties or via methods not provided for in this RFP, may be subject to disqualification. Such communication includes contact with City elected officials, non-designated staff, or any member of the Evaluation Committee regarding this RFP.

https://bizfileonline.sos.ca.gov/search/business https://www.milpitas.gov/241/Business-License-Center https://www.milpitas.gov/241/Business-License-Center

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182

The City is not responsible for any explanation, clarification, interpretation, or approval made or given in any manner, except by addendum or response to questions published to this solicitation in OpenGov.

VIII.H Offers of More than One Price

Proposer is NOT allowed to submit more than one proposal.

VIII.I Proposal Prices and Notations

Prices shall be stated in units and offers made separately on each item. In case of conflict between unit prices and extended prices, unit prices will govern. Where there is a conflict between words and figures, words will govern.

VIII.J Price Discrepancies

In the event that there are unit price items in a compensation proposal and the "amount" indicated for a unit price of an item does not equal the product of the unit price and quantity listed, the unit price shall govern, and the amount will be corrected accordingly. If there is more than one item in a compensation proposal, and the total indicated does not agree with the sum of prices of the individual items, the prices given for the individual items shall govern, and the total will be corrected accordingly. The Proposer will be bound by said corrections.

VIII.K Conflict of Interest

Pursuant to Government Code section 1090 and any other laws, rules and regulations that may apply, the Proposer covenants that neither it, its subcontractors, nor employees presently have an interest, and shall not acquire any interest, direct or indirect, financial or otherwise that would conflict in any manner or degree with the contract awarded from this RFP. Proposer certifies that to the best of its knowledge, no one who has or will have any financial interest in the contract awarded from this RFP is an officer or employee of the City. Through its proposal submittal, Proposer acknowledges that it is familiar with Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California and will immediately notify the City if it becomes aware of any facts concerning the contract to be awarded that constitute a violation of said provisions.

VIII.L Examination of Contract Documents

It is the responsibility of the Proposer to carefully and thoroughly examine and be familiar with the RFP, all attachments including the Agreement, responses to questions, and addenda, if any, (hereinafter collectively referred to as “Contract Documents”). Proposer shall satisfy themselves as to the character, quantity, and quality of the Services to be performed and materials, labor, supervision, equipment, and appurtenances necessary to perform the Services as specified by

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182 the Contract Documents. The failure or neglect of the Proposer to examine the Contract Documents shall in no way relieve them from any obligations with respect to the RFP or Agreement. The submission of a proposal shall constitute an acknowledgment upon which the City may rely that the Proposer has thoroughly examined and is familiar with the Contract Documents. The failure or neglect of a Proposer to receive or examine any of the Contract Documents shall in no way relieve them from any obligations with respect to the proposal. No claim will be allowed for additional compensation that is based upon a lack of knowledge of the Contract Documents.

VIII.M Definition of Terms

For the purposes of this RFP, the following definitions will be used:

A. Contractor/successful Contractor/successful Proposer. The terms “Contractor,” “successful Contractor” and “successful Proposer” refers to the party selected to enter into a contract with the City as a result of this RFP.

B. Evaluation Committee. An independent committee established by the City to review, evaluate, and score the proposals, and to recommend award to the Proposer that submitted the proposal determined by the committee to be in the best interest of the City.

C. May. Indicates something that is not mandatory but permissible.

D. Must/Shall. Indicates a mandatory requirement. A proposal that fails to meet a mandatory requirement may be deemed non-responsive and not be considered for award.

E. Proposer. The person or firm making a legally binding offer.

F. Proposal. The offer submitted by the Proposer.

G. RFP. Acronym for Request for Proposal; same as Solicitation and Contract Documents.

H. Should. Indicates something that is recommended but not mandatory. Failure to do what "should" be done will not result in rejection of your proposal but may result in lower scores during evaluation.

I. Submittal Deadline. The date and time on or before all proposals must be submitted.

VIII.N Disqualification of Proposer

If there is reason to believe that collusion exists among the Proposers, the City may refuse to consider proposals from participants in such collusion. No person, firm, or corporation under the same or different name, shall make, file, or be interested in more than one proposal for the same work unless alternate proposals are called for. A person, firm, or corporation who has submitted a sub-proposal to a Proposer, or who has quoted prices on materials to a Proposer, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Proposers.

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182

Reasonable grounds for believing that any Proposer is interested in more than one proposal for the same work will cause the rejection of all proposals for the work in which a Proposer is interested. Proposers shall submit as part of their proposal documents the completed Non- Collusion Declaration provided herein.

VIII.O Documents to be Returned with Proposal

Failure to completely execute and submit the required documents before the Submittal Deadline may render a proposal nonresponsive. The documents that must be returned by the Submittal Deadline are listed in the Vendor Questionnaire section.

VIII.P Execution of Agreement

The Contractor shall execute the Agreement in substantially the form provided in this RFP. A copy of the Agreement is attached hereto as Attachment B and incorporated herein by this reference. The Agreement shall include, among other things, this RFP, any addenda, and the relevant scope and pricing terms under the Contractor’s proposal, whether incorporated directly into the Agreement or incorporated by reference. Contractor shall sign all necessary documents and submit all required bonds (if applicable) and evidences of insurance prior to contract execution. In case of failure of the Contractor to negotiate in good faith, provide all required documents, and execute the Agreement within a reasonable timeframe, the City may, at its option, terminate negotiations with the selected Contractor and engage the next highest-ranked Proposer in contract negotiations. After the Agreement has been executed, including the insurance documents, certificates, and bonds, if applicable, Contractor agrees to commence the services/project within ten (10) working days or as otherwise agreed to by the City.

VIII.Q Experience and Competence

The successful Proposer shall be skilled and regularly engaged in the general class or type of work called for under the Agreement. Proposer should have no less than five (5) years of experience in the magnitude and character of the services/project proposed. It is the intention of the City to award a contract to a Proposer who furnishes satisfactory evidence that he or she has the requisite experience, ability, sufficient capital, and facilities to enable them to prosecute the services/project successfully and properly and to complete it within the time specified in the Agreement. To determine the degree of responsibility to be credited to the Proposer, the City will weigh any evidence that the Proposer has satisfactorily performed other contracts of like nature, magnitude, and comparable difficulty. In selecting the proposal most advantageous to the City, consideration will be given to the general competency of the Proposer for the performance of the work specified in the RFP. To this end, each Proposal shall be supported by a statement of the Proposer’s experience on the form entitled “References,” which is a part of the

RFP.

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182

Contractor’s personnel assigned to the contract awarded from this RFP should each have a minimum of five (5) years of training and experience related to services of similar scope to this RFP. Contractor will ensure that a full-time employee is assigned to the job as project manager for the duration of the Agreement, that he or she speaks English, and that he or she preferably has a minimum of three (3) years of supervision experience in work of similar scope to this RFP.

These experience and competence requirements must be maintained throughout the term of the resulting contract. Contractor may not substitute assigned Contractor staff without pre-approval by the City.

VIII.R Force Majeure

If execution of the Agreement shall be delayed or suspended and if such failure arises out of causes beyond the control of and without fault or negligence of the Contractor, the Contractor shall notify the City, in writing, within twenty-four (24) hours, after the delay. Such causes may include, but are not limited to, acts of God, war, acts of a public enemy, and acts of any governmental entity in its sovereign or contractual capacity, fires, floods, epidemics, strikes, and unusually severe weather.

VIII.S Formation of Contract

Proposer’s signed proposal and City’s acceptance shall constitute a binding contract.

VIII.T Informed Proposer

Each Proposer is expected to fully inform themselves as to the conditions, requirements, and specifications of the RFP before submitting proposals. Failure to do so will be at Proposer’s own risk, and they cannot secure relief on the plea of error.

VIII.U Insurance Requirements

The successful Proposer must furnish to the City a Certificate of Insurance and accompany endorsements proving coverage as specified in the Agreement attached as Attachment B. Failure to furnish the required certificates in a timely manner may result in forfeiture of the Agreement.

VIII.V License Confirmation

Proposer represents that it is duly licensed and experienced in providing services similar to those being performed under this RFP, that it and its employees or subcontractors have all necessary licenses and permits to perform these services in the State of California, and that it is familiar with the plans of City.

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182

VIII.W Nomenclatures

The terms successful Proposer, successful Contractor, and Contractor may be used interchangeably in this RFP and shall refer exclusively to the Proposer with whom the City enters into a contract as a result of this RFP.

VIII.X Non-Collusion Declaration

Each Proposer is required to submit a signed copy of the Non-Collusion Declaration with its proposal.

VIII.Y Wage Theft Prevention

Proposers are required to submit a certification disclosing whether the Proposer or any of its proposed subcontractors has been found by a final court order or administrative action of an investigatory government agency to have violated federal, state or local wage and hour laws, including but not limited to the federal Fair Labor Standards Act, the California Labor Code and the Milpitas Minimum Wage Ordinance, within the past five (5) years from the bid submission deadline. A copy of the Wage Theft Certification is attached hereto and must be completed and submitted as part of the proposal.

VIII.Z Prevailing Wages

Proposer shall take cognizance of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq.

(“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public work” and “maintenance” projects. If applicable, employees working in these categories at the site must be paid not less than the basic hourly rates of pay and fringe benefits established by the California Department of Industrial Relations. Copies of the State of California wage schedules are available for review at https://www.dir.ca.gov/oprl/. The Contractor and all subcontractor(s) under him or her, shall comply with all applicable Prevailing Wage Laws, which include, but are not limited to the payment of not less than the required prevailing rates to all workers employed by them in the execution of the Agreement, the employment of apprentices, the hours of labor and the debarment of contractors and subcontractors. It shall be the Proposer’s sole responsibility to evaluate and include the cost of complying with all labor compliance requirements under this RFP and applicable law in its proposal.

Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No proposal will be accepted nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. If awarded a contract, the

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182

Contractor and its subcontractors, of any tier, shall maintain active registration with the Department of Industrial Relations for the duration of the Project.

VIII.AA Proposal Content

(See Vendor Questionnaire) Proposer must describe in detail how they will meet the requirements of this RFP and may provide additional related information with its proposal. The proposal shall be presented in a format that numerically corresponds to the numbered sections outlined in the Vendor Questionnaire. Responses to each section should be labeled to indicate which item is being addressed. Proposals shall be straightforward and concise and provide "layman" explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFP instructions, responding to the RFP requirements, and providing a complete and clear description of the offer. If a complete response cannot be provided without referencing supporting documentation, you must provide such documentation with the proposal indicating where the supplemental information can be found.

The City is not liable for any costs incurred by Proposers before entering into a formal Agreement. The costs of developing the proposals, presentations, negotiations, interviews, or any other such expenses incurred by any Proposer in responding to the RFP are entirely the responsibility of the Proposer and shall not be reimbursed in any manner by the City.

VIII.BB Proposal Results

Proposals will be downloaded from the OpenGov website by the City after the Submittal Deadline. Once evaluation is complete, the City will post a Notice of Intended Award on the website. The City reserves the right to postpone the Submittal Deadline and opening of proposals any time before the date and time announced in the RFP or subsequent addenda. Any updates to the timeline will be made to the solicitation on the OpenGov website.

VIII.CC Proprietary Information

Pursuant to Michaelis, Montanari, & Johnson v. Superior Court (2006) 38 Cal.4th 1065, proposals submitted in response to this RFP shall be held confidential by Authority and shall not be subject to disclosure under the California Public Records Act (Cal. Government Code section 6250 et seq.) until after either City and the successful proposer have completed negotiations and entered into an Agreement or City has rejected all proposals. All correspondence with the City including responses to this RFP will become the exclusive property of the City and will become public records under the California Public Records Act. Furthermore, the City will have no liability to the Proposer or other party as a result of any public disclosure of any proposal or the Agreement.

If a Proposer desires to exclude a portion of its proposal from disclosure under the California Public Records Act, the Proposer must mark it as such and state the specific provision in the California Public Records Act which provides the exemption as well as the factual basis for

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182 claiming the exemption. For example, if a Proposer submits trade secret information, the Proposer must plainly mark the information as “Trade Secret” and refer to the appropriate section of the California Public Records Act which provides the exemption as well as the factual basis for claiming the exemption. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City is not in a position to establish that the information that a Proposer submits is a trade secret. If a request is made for information marked “Confidential,” “Trade Secret,” or “Proprietary," the City will provide Proposers who submitted the information with reasonable notice to seek protection from disclosure by a court of competent jurisdiction.

VIII.DD Recycled Product Procurement

The City is committed to the conservation and protection of state and local resources, therefore:

A. For all paper materials of any kind delivered to the City, by a contractor, supplier, or consultant, whether in the form of a product such as a cup or a deliverable such as a report, shall use recycled paper that bears an imprint identifying the recycled content of the paper as not less than the 30% post-consumer fiber as specified in Section 12209 of the Public Contract Code. A product such as a cup may have the identifying logo and/or language on the packaging, while a deliverable such as a report shall have the identifying logo on the first page. This shall apply to all paper materials delivered to the city whenever practicable.

B. Contractors and consultants shall use both sides of paper sheets whenever practicable.

VIII.EE Rejection of Proposals and Wavier of Informalities

Issuance of this RFP and receipt of proposals does not commit the City to make an award of contract. The City reserves the right to waive any immaterial informalities or irregularities and to reject any proposals, all proposals, or any part of any proposal presented and re-advertise for proposals. The City reserves the right to cancel the RFP and make no award. The City reserves the right to reject the proposal of any Proposer who previously failed to perform adequately for the City or any other governmental agency. The City expressly reserves the right to reject the proposal of any Proposer who is in default on the payment of taxes, licenses, or other monies due to the City.

VIII.FF Site Examination

If applicable or otherwise required by City, Proposer may visit the City and its physical facilities and determine the local conditions which may in any way affect the performance of the work as specified herein; familiarize themselves with all federal, state, and local laws, ordinances, rules, regulations, and codes affecting the performance of the work; make such investigations, as it may deem necessary for performance of the work at its proposal price within the terms of RFP;

RFP for Stormwater Inspection Services at Commercial & Industrial Facilities 25-1182 and correlate its observations, investigations, and determinations with the requirements of the

RFP.

VIII.GG Taxes

The successful Proposer shall pay all federal, state, and local taxes, levies, duties, and assessments of every nature due in connection with any work provided under the Agreement and shall indemnify and hold harmless the City from any liability on account of any and all such taxes, levies, duties, assessments, and deductions. Proposal prices shall include all applicable sales tax.

VIII.HH Terms of the Offer

The City reserves the right to negotiate final contract terms with any Proposer selected.

Proposer understands and acknowledges that the representations above are material and important and will be relied on by the City in the evaluation of the proposal. Proposer misrepresentation shall be treated as fraudulent concealment from the City of the facts relating to the proposal.

VIII.II Withdrawal of Proposal

Following the Submittal Deadline, Proposer may not withdraw its proposal for a period of at least ninety (90) calendar days from the date of opening, and the proposal must remain open and firm. At no time may the successful Proposer(s) withdraw their proposal. Proposer’s authorized representative may only withdraw proposals through the OpenGov website prior to the Submittal Deadline.

VIII.JJ Piggyback Clause

It is intended that any other public agency be permitted to purchase under the terms submitted in response to this procurement. By submitting proposal response to this RFP, Proposer acknowledges and agrees that, to the extent permitted by law, and during the period in which the applicable contract is in effect (including, without limitation any extensions thereto), other public agencies shall be permitted to makes…