REQUEST FOR PROPOSAL For ON-CALL CONSTRUCTION INSPECTION SERVICES

Transcription

1 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES CECIL COUNTY, MARYLAND DEPARTMENT of PUBLIC WORKS; Engineering & Construction Division REQUEST FOR PROPOSAL RFP REQUEST FOR PROPOSAL For ON-CALL CONSTRUCTION INSPECTION SERVICES Cecil County, Maryland 1

2 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES Cecil County, Maryland RFP No REQUEST FOR PROPOSAL Sealed Request for Proposal (RFP) for Cecil County, Maryland for On-Call Construction Inspection Services as described in the proposal package for the Cecil County Maryland, Department of Public Works, Engineering and Construction Division will be received from qualified PROPOSERs at any time and up to 1:30 p.m. on March 20, 2014 at the Purchasing Office, 200 Chesapeake Blvd., Suite 1400, Elkton, MD The Respondent s proposal shall specialize in comprehensive construction inspection services. Only vendors that meet all of the requirements listed in this RFP will be considered. An optional Pre-RFP informational Conference will be held on March 6, 2014 at 10:00am in the Elk Conference Room, County Administrative Building, 200 Chesapeake Blvd., Elkton MD Additional specifications and/or instructions to Proposers may also be obtained by e- mailing estanley@ccgov.org (cc/ dpyle@ccgov.org) or by calling the Purchasing Department (Elizabeth Stanley, Purchasing Assistant) at Cecil County, Maryland reserves the right to reject any or all bids and to waive technicalities. All bids are based upon budgetary constraints. Bid packages may be picked up at the Purchasing Office at a non-refundable cost of $10.00 per package (including sales tax) or per copy on a compact disc. Bid packages are provided on the Cecil County web-page ( as a.pdf document for all Proposers to download. Electronically submitted bid proposals will not be accepted. Bid proposals are provided as a.pdf document for all Proposers to download. All Proposers wishing to submit a proposal should obtain an original set of documents or a compact disc from the Cecil County Purchasing Department. If you choose to download the package from the website, you shall notify the Purchasing Office via or phone. Not meeting this requirement may result in your proposal being considered as non-responsive. Changes or addendums to this proposal and/or other documents will be posted to the proposal documents on the County web-page and sent directly to Proposers who have obtained an original set of proposal documents or a compact disk or have obtained an electronic copy from the Purchasing Office. The County is not responsible for information obtained from sources outside the Cecil County Purchasing Office, including downloads from the County website. Proposers obtaining electronic copies of the proposal documents from outside the Purchasing Office will be directly responsible for obtaining updates, changes or addendums either from the updated web-page or by contacting the Purchasing Office. All questions or discussions concerning this bid, bid documents, specifications, etc. shall only be coordinated through the Purchasing Office. The County shall not be responsible for information obtained outside the County Purchasing Office concerning this or any other County bid, RFP, solicitation or quote. 2

3 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES The Purchasing Office will provide Proposer lists on the Cecil County web-site ( for all solicitations published unless a Proposer/contractor provides a written request barring the disclosure of their information prior to specific proposal award. Cecil County, Maryland By: David E. Pyle, CPPB Purchasing Agent Cecil County Maryland 3

4 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES 4 Table of Contents REQUEST FOR PROPOSAL... 2 I. PURPOSE... 3 II. OBJECTIVE... 6 III. INQUIRIES:... 6 IV. METHOD OF SOURCE SELECTION:... 6 V. PROPOSAL SUBMITTAL REQUIREMENTS:... 6 VI. PROPOSAL SUBMITTAL FORMAT:... 7 VII. EXAMINATION OF CONTRACT AND DATA... 7 PROPOSER S RESPONSIBILITY:... 7 ANNULMENT OF CONTRACT:... 7 CONTRACT TERM:... 8 PERSONAL LIABILITY OF PUBLIC OFFICIALS:... 8 IX. PROPOSER PERSONNEL REQUIREMENTS:... 8 AFFIRMATIVE ACTION POLICY... 8 X. RESPONSIBILITIES OF THE ORGANIZATION:... 8 INSPECTION... 8 XI. INSURANCE REQUIREMENTS:... 9 WORKER S COMPENSATION AND EMPLOYER S LIABILITY INSURANCE... 9 INSURANCE REQUIREMENTS FOR VENDORS AND SUBCONTRACTORS:... 9 XII. REVISIONS DUE TO AMBIGUITY, CONFLICT, OR OTHER ERRORS IN RFP: XIII. IMPLIED REQUIREMENTS: XIV. PROPOSALS AND PRESENTATION COSTS: XVI. REJECTION OF PROPOSALS: XVII. EXCEPTIONS TO FORMAT: XVIII. VALIDITY OF PROPOSALS: XIX. EVALUATION OF PROPOSAL AND AWARD: METHOD OF AWARD BASIS OF AWARD QUALIFYING PROPOSALS MANDATORY REQUIREMENTS TECHNICAL EVALUATION TECHNICAL EVALUATION SCORING ORAL PRESENTATION FINAL EVALUATION FINAL SELECTION SCHEDULE OF EVENTS DISCUSSIONS NEGOTIATIONS XX. NOTIFICATION: XXI. PROPOSAL PROTEST: XXII. CONTRACT CONDITIONS XXIII. TAXATION NOTICE: XXIV. PROPOSER RFP CHECKLIST XXVI. AGREEMENT OF TERMS AND CONDITIONS: XXVII. DETERMINATION OF RESPONSIBILITY: CERTIFICATION OF PROPOSER S QUALIFICATIONS XXVIII. PROPOSER CERTIFICATION XXIX. SCOPE OF WORK: XXX. QUALIFICATIONS/TECHNICAL PROPOSAL CONTENT:... 21

5 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES ATTACHMENT #A: SALARY AND COST SCHEDULE ATTACHMENT #B: CECIL COUNTY DEPARTMENT OF PUBLIC WORKS ON- CALL COMPREHENSIVE ENGINEERING CONTRACT 5

6 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES I. PURPOSE Cecil County, Maryland, Department of Public Works, Engineering and Construction Division is seeking proposals from vendors that specialize in ON-CALL CONSTRUCTION INSPECTION SERVICES. Only vendors that meet all of the requirements listed in this RFP will be considered. II. OBJECTIVE The objective of this RFP is to solicit competitive proposals from qualified VENDORS with whom the County can contract for On-Call Construction Inspection Services as described in the specifications attached and any Federal, State and Local requirements. The composition of the Respondent s team or team configuration shall be clearly defined and stated with the proposal. The past experience and qualifications of the team shall be detailed in the proposal. The contractor shall be selected according to Best Value as determined by a select County Committee. III. INQUIRIES: All inquiries, questions, requests for clarifications etc. concerning the RFP shall be forwarded to Elizabeth Stanley, Purchasing Assistant by (estanley@ccgov.org /cc: dpyle@ccgov.org) or call or mail requests to Purchasing Office, 200 Chesapeake Blvd, Suite 1400, Elkton, MD All questions shall be in writing. Any changes to the RFP will be in writing, documented and forwarded to all participating Proposers as soon as possible. Major changes or an excessive number of changes may result in cancellation of the existing RFP. IV. METHOD OF SOURCE SELECTION: Cecil County, Maryland is required to adhere to the Code of Cecil County, Chapter 92; Purchasing Code, concerning good public purchasing practices. All available information may be reviewed on the Cecil County, Maryland website ( Additional requirements are attached to the RFP requiring adherence to all Federal, State and local Regulations. V. PROPOSAL SUBMITTAL REQUIREMENTS: Prospective packages shall be submitted in sealed envelopes clearly marked in the lower left-hand corner RFP 14-24; On-Call Construction Inspection Services no later than 1:30 p.m. on March 20, All proposals shall be delivered to the 6 Cecil County Purchasing Office 200 Chesapeake Blvd, Suite 1400 Elkton, Maryland All material submitted will become the property of Cecil County, Maryland and the only information available at the proposal opening will be the names of Proposers submitting proposals. No facsimile of proposals will be accepted.

7 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES Proposers that are pursuing more than one discipline need to submit separate proposals for each discipline VI. PROPOSAL SUBMITTAL FORMAT: Proposal will be submitted in an orderly format divided into section and tabbed as appropriate. The following copies will be provided: 1. The Proposer will submit Three (3) hardcopy proposal packages. 2. Proposer shall submit one (1) electronic copy (PDF format) of the entire proposal submitted. VII. EXAMINATION OF CONTRACT AND DATA Before submitting proposals, prospective Proposers shall carefully examine the Proposed Contract Documents,, acquaint themselves with all governing laws, ordinances, etc. and otherwise thoroughly familiarize themselves with all matters which may affect the performance of the work. The act of submitting a proposal shall be considered as meaning that the Proposer has so familiarized himself and, therefore, no concession will be granted by the County because of any claim of misunderstanding or lack of information. Proposers are expected to read and study all specifications with special care and to observe all their requirements. Discrepancies, ambiguities, errors or omissions noted by Proposers should be reported promptly to the County for correction or interpretation before the date of the opening of proposal. VIII. CONSTRAINTS ON THE SUCCESSFUL OFFEROR: PROPOSER S RESPONSIBILITY The Scope of Work is intended to cover the complete project. It shall be distinctly understood that failure to mention any work, which would normally be required to complete the project, shall not relieve the PROPOSER of his responsibility to perform such work. ANNULMENT OF CONTRACT Should the PROPOSER fail to fully satisfy the customer, or to comply with orders of the County, or to perform anew such work that has been rejected as defective and unsuitable, or if the PROPOSER shall become insolvent or be declared bankrupt or shall make an assignment for the benefit of creditors or from any other cause shall not carry on the work in an acceptable manner, the County shall have the right to annul its Contract and all Departmental Contracts at the County s convenience. 7

8 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES CONTRACT TERM Cecil County, Maryland intends that the contractor awarded a contract, will perform the work commencing upon the date specified in the Notice to Proceed or notification letter and terminate upon expiration or completion of the project unless terminated by the County with the delivery of written notification of contract termination. All contracts extending beyond the County s fiscal year (June 30 th annually) shall be subject to budget appropriation. It is the intent to award this contract to a base term of one year with three one year extensions. Extensions if any will be at the sole discretion of the County. PERSONAL LIABILITY OF PUBLIC OFFICIALS In carrying out any of the provisions of this Contract or in exercising any power of authority granted herein, there shall be no personal liability upon the County or its authorized assistant, it being understood that in such matters he acts as the agent or representative of the County. IX. PROPOSER PERSONNEL REQUIREMENTS: AFFIRMATIVE ACTION POLICY In accordance with Cecil County s Affirmative Action policy against discrimination, no person shall, on the grounds of race, color, creed, religion, sex, age marital status, national origin, handicap or disability, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination. During the performance of the work and services hereunder, the PROPOSER, for themselves, their assignees and successors in interest, agrees to comply with all federal, state, and local nondiscrimination regulations. X. RESPONSIBILITIES OF THE ORGANIZATION: INSPECTION The County may appoint such persons as they may deem necessary to properly review the proposal and presentation to select the best overall proposal for the requested services. ADMINISTRATION The County may appoint such persons as they deem necessary to administer the contract and any task orders there under. 8

9 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES XI. INSURANCE REQUIREMENTS: WORKER S COMPENSATION AND EMPLOYER S LIABILITY INSURANCE (a) The Contractor shall take out and maintain during the life of the Contract the Statutory Worker s Compensation and Employer s Liability Insurance for all of his employees to be engaged in work on the project under the Contract. (b) In case any portion of the project is sublet, the Contractor shall require all of the sub-contractors similarly to take out and maintain during the entire life of the Contract the Statutory Worker s Compensation and Employer s Liability Insurance for all of their employees to be engaged in work in the project under the Contract. (c) The Contractor and the sub-contractor shall not begin work until the Contractor has first filed with the County satisfactory evidence that insurance of the above nature is in full force and effect (receipt of Certificate of Insurance naming the Cecil County, Maryland as an Additional Insured. ) INSURANCE REQUIREMENTS FOR VENDORS AND SUBCONTRACTORS: All vendors or contractors who perform any type of work or service on Cecil County, Maryland property or in areas where the County is responsible or liable must maintain such insurance coverage(s) as determined by the County to protect the County s interest(s). The following coverage and amount are generally required, but the County reserves the right to modify these requirements at its discretion or reject any insurance policies which do not meet these criteria. General Liability Insurance not less than $1,000,000 per occurrence and $2,000,000 aggregate. Coverage shall not contain any endorsement(s) excluding or limiting products/completed operations, contractual liability or cross liability. The County must be named insured and a certificate of insurance must be provided. Workman s Compensation Insurance at minimum Maryland Statutory Limits. Business Auto (includes trucks) Liability insurance not less than $1,000,000 per occurrence for all leased, owned, non-owned and hired vehicles when vehicles are utilized to perform the work or services required by the County. Professional liability insurance of not less than $3,000,000 The proposer will provided a "copy" of a "Certificate of Insurance" demonstrating that they have the insurance coverage required by this contract. Prior to award the Contractor shall provide a "Certificate of Insurance" naming Cecil County, Maryland as an "Additional Insured" and showing the levels of Worker s Compensation and all Liability Coverage. No purchase order will be released until a valid certificate(s) of insurance evidencing all required insurance coverage and documentation is provided to the Purchasing Office. Professional liability insurance is applicable and required for each contract involving professional or technical services as defined in 9

10 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES Chapter 92 of the Code of Cecil County. This includes, but is not limited to services provided by accountants, architects, actuaries, engineers, lawyers and physicians. All contractors performing services for Cecil County, Maryland are required to provide notification of Certificate of Insurance cancellation days prior to cancellation. XII. REVISIONS DUE TO AMBIGUITY, CONFLICT, OR OTHER ERRORS IN RFP: Any ambiguity, conflict, discrepancy, omissions or other error/s discovered in the RFP must be reported immediately to Cecil County Purchasing Office, Elizabeth Stanley, 200 Chesapeake Blvd., Suite 1400, Elkton, Maryland ( ), in writing and a request made for modifications or clarification. All changes to RFPs shall be made in writing (addendum) and all parties who have received the RFP shall receive the addendum. Offerors are responsible for clarifying any ambiguity, conflict, discrepancy, omission or error in the RFP prior to submitting the proposal or it shall be deemed waived. XIII. IMPLIED REQUIREMENTS: Any product or service that is not specifically addressed in the RFP, but which is necessary to provide functional capabilities proposed by the offeror, must be included in the proposal. XIV. PROPOSALS AND PRESENTATION COSTS: Cecil County, Maryland, or its agencies, is not liable in any way for any costs incurred by the Offerors in the preparation of their proposals in response to the RFP, nor for the presentation or demonstration of their proposals and/or participation in any discussion or negotiations. XV. ACCEPTANCE OF PROPOSAL CONTENT The content of the proposal of the successful firm will become part of any contract awarded as a result of these specifications. XVI. REJECTION OF PROPOSALS: Cecil County, Maryland, or its agencies, reserves the right to accept in part or in whole any or all proposals submitted or to waive any technicality or minor irregularity in a proposal. Additionally, the County shall reject the proposal of any offeror determined to be nonresponsive in accordance with the Code of Cecil County, Chapter 92 and requirements set within this RFP. Unreasonable failure of an offeror to promptly supply the County with information with respect to responsibility may be grounds for a determination of nonresponsibility. All proposals submitted shall be in strict compliance with the RFP and failure to comply with all provisions in the RFP may result in disqualification or rejection of the proposal 10

11 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES The County intends to award at least one contract from this proposal, but has the right to award to multiple vendors that would best serve the County s requirements. All Proposals, RFPs, IFBs or RFQs are contingent upon budgetary constraints. XVII. EXCEPTIONS TO FORMAT: The RFP describes the requirements and response format in sufficient detail to secure comparable proposals, recognizing that various proponent approaches may vary widely. Any proposal that differs from the described format may be considered non-responsive and rejected. XVIII. VALIDITY OF PROPOSALS: All proposals shall be valid for one hundred and eighty (180) days from the date of the RFP opening and become the property of the County. If negotiations result in modifications to the RFP, then one hundred and eighty (180) days will commence from the date of the receipt of the new proposal. This period may be extended by mutual written agreement between the Respondent and Cecil County, Maryland. XIX. EVALUATION OF PROPOSAL AND AWARD: METHOD OF AWARD (a) The County reserves the right to reject any or all proposals. (b) The Contract shall be awarded or rejected within one hundred and eighty (180) days from the date of opening proposal. (c) If the Proposer to whom an award is made shall fail to execute the Contract in the specified time, the award may be annulled and the Contract awarded to the second selected Proposer or the County may reject the entire proposal as their interest may require. BASIS OF AWARD The Contract may be awarded to the selected responsible Proposer whose proposal complies with all the requirements prescribed and considered Best Value to the County as interpreted by the review committee. In acceptance of the proposal, the County will be guided by consideration of the interests of the public and the County shall be under no obligation to accept the lowest proposal. Proposals may be rejected if they show any omissions, alterations of form, additions not called for, conditional or alternate proposal, or irregularities of any kind. To insure fair competition and to permit a determination of the lowest Proposer, unresponsive proposal or proposal obviously unbalanced may be rejected. The County also reserves the right to negotiate further with one or more of the Proposers as to any features of their bids and to accept modifications of the work and bid price when such action will be to their best interests and is desirable. The County also reserves the right to negotiate further with one or more of the Proposers as to any features of their proposal and to accept modifications of the work and proposal price when such action will 11

12 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES be to their best interests and is desirable. All proposals submitted shall become the property of the Cecil County, Maryland. QUALIFYING PROPOSALS Proposals shall be initially reviewed for compliance with the submission requirements of this procurement. Failure to comply with any of the submission requirements may result in the proposal being classified as not reasonably acceptable for award. Minor irregularities in proposals that are immaterial or inconsequential in nature may be cured or waived whenever it is determined to be in the best interest of Cecil County, Maryland. All reasonable efforts will be made by the Cecil County, Maryland to avoid prejudice to any Respondent. MANDATORY REQUIREMENTS All proposals will be initially reviewed for compliance with mandatory requirements. Proposals shall meet all of the mandatory requirements to advance in the procurement process. Respondents shall supply a letter stating that their team meets these requirements. All information that is specifically requested is considered to be a mandatory requirement. TECHNICAL EVALUATION After determining compliance with the mandatory requirements and considered responsive to this proposal, the Evaluation Committee shall initially classify the proposals as (a) reasonably acceptable of being selected for award or (b) not reasonably acceptable of being selected for award. Respondents judged not to be responsible or Respondents whose proposals are classified as not reasonably susceptible of being selected for award shall be so notified. Discussions, oral presentations and/or demonstrations may be held with those qualified Respondents or Offerors whose proposals have been classified as reasonably acceptable for award. TECHNICAL EVALUATION SCORING Major factors/criteria for the selection: 1. Consultants resources/capability to accomplish proposed work on schedule, and experience on similar projects 30%. 2. Key Staff/Project Team experience, reputation and qualifications pertaining to Construction Inspection and construction management services 30%. 3. Past project performance within Cecil County and other Maryland jurisdictions 20%. 4. Completeness of submission to include clarity, readability & presentation of material 10%. 5. Salary schedule 10% 12

13 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES Based on the criteria established, an evaluation committee will be selected to read, screen, and rank all responses to this Request for Proposals. The County may request a presentation from the highest ranked interested parties. Presentations may result in a change of rank. ORAL PRESENTATION As indicated above, discussions and oral presentations may be held. If Oral Presentations are required, the selected best two or three (2 or 3) contractors will be contacted for scheduling of their presentation. The purposes of the discussions and oral presentations are as follows: - To allow Cecil County, Maryland to meet the Respondents key personnel - To allow the Respondents to discuss selected aspects of its proposal - To provide an opportunity to clarify the scope of services for this project Within three (3) working days following the oral presentation, each Respondent will be required to provide an Executive Summary/Overview of their firm s oral presentation inclusive of highlighting the discussion at the presentation. Upon completion of the oral presentations, Cecil County, Maryland will finalize the evaluation of each proposal. Best and final proposals may be solicited by the County at this time. FINAL EVALUATION A. Evaluation will be based upon the technical proposal with the price being reviewed as a single factor of several other factors on which to base an acceptance. Some of the factors being evaluated shall be as listed in the Scope of Work. B. The primary evaluation will be completed by an evaluation committee consisting of selected Cecil County, Maryland officials; Purchasing Agent is not a voting member of the committee. They will only guide the process of evaluation. Respondents to this solicitation shall meet all requirements contained herein. If the Respondent and/or the proposal do not meet solicitation requirements, Cecil County, Maryland may classify the proposal as not reasonably acceptable for award. Should a proposal be found not reasonably acceptable for award, the proposal may not be considered any further. After considering the factors set forth in this RFP and the responsible proposals, the committee will make recommendations for award of this contract to the Respondent whose proposal is determined to be the most advantageous to Cecil County, Maryland. FINAL SELECTION 13 Based on its evaluation of the technical proposals, the Evaluation Committee will make a recommendation to Cecil County, Maryland for the award of the contract to

14 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES the responsible Respondent whose proposal is determined to be the most advantageous to Cecil County, Maryland, considering both technical and financial factors, to include any final proposals as set forth in the RFP. SCHEDULE OF EVENTS The following is a proposed schedule of events in the selection of the Respondent to complete the project according to the specifications within this RFP: 1. Solicitation Released 5. Executive Summary (Three (3) days 2. Proposal Due Date after presentation of qualified) 3. Committee Selection 6. Final selection and County approval & responsive respondents 4. Oral Presentations (will be scheduled as needed) DISCUSSIONS A. Discussions shall be held only to clarify individual RFP submissions. At no time shall any part of a proposal of one Proposer be discussed or identified in any part with a separate Proposer. B. During discussion, a Proposer may modify its proposal to coincide with any clarification of the proposal. At no time will a proposal be allowed to be withdrawn without approval of the proper County authorities. C. If any part of the proposal is changed to strengthen the RFP or its process, written documentation of the change(s) shall be made and all Proposers shall be notified of the change/s and be given the chance to modify their proposal accordingly. NEGOTIATIONS It is policy to procure from responsible sources at fair prices the goods and services required by the County. During the RFP process, Price Negotiation may be required to resolve uncertainties relating to procurement, including the price prior to the final award of the contract. The objective of Price Negotiation is the complete agreement of the parties on all basic issues of the RFP. XX. NOTIFICATION A letter shall be sent to all vendors submitting a proposal informing them of the results of the award. Proposers shall proceed within ten (10) calendar days after receipt of such notice. Failure to proceed within the ten (10) calendar day period may result in Cecil County, Maryland terminating the Contract Agreement. XXI. PROPOSAL PROTEST Any party who feels the proposal process has not meet the guidelines as stated within the Code of Cecil County Maryland or as outlined within the proposal may submit a protest in 14

15 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES accordance with the guidelines as stated within the Code of Cecil County, Maryland, Chapter 92, Purchasing. These guidelines are available upon request at the Purchasing Office or on the Cecil County, Maryland Website ( Any questions concerning the purchasing process or this proposal should be forwarded to Cecil County Purchasing Agent at or to XXII. CONTRACT CONDITIONS 1. Contract conditions The Contract Conditions for all contracts awarded under this RFP shall be the Attached "Department of Public Works On-Call Comprehensive Engineering Contract subject to review and approval by the County Solicitor at the time of Contract Execution. The Contract shall be governed by the laws of the State of Maryland. The "Agreement" as provided, without modification, will be the contract used for award of this RFP. 2. Attachment #B is a copy of the proposed Department of Public Works On-Call Comprehensive Engineering Contract. 15

16 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES XXIII. TAXATION NOTICE: STATE OF MARYLAND SALES AND USE TAX ADMISSIONS AND AMUSEMENT TAX LAWS AND REGULATIONS ISSUED BY COMPTROLLER OF THE TREASURY SALES AND USE TAX DIVISION Taxation by Other Law (c) Sales tax paid in other jurisdiction (1) To the extent that a buyer pays another state a tax on a sale or gross receipts from a sale of tangible personal property or a taxable service that the buyer acquires before the property of service enters this state, the sales and use tax does not apply to use of the property or service in this state. (2) If the tax paid to another state is less than the sales and use tax, the buyer shall pay the difference between the sales and use tax and the amount paid to the other state in accordance with the formula under (b) Nonresident Property The sales and use tax does not apply to use of tangible personal property or a taxable service that: (1) A non-resident. (i) Acquires before the property or service enter the state; and (ii) Uses: 1. For personal enjoyment or use or for a use that the Comptroller specifies by regulation, other than for a business purpose; or 2. Does not remain in the state for more than 30 days Depreciation Allowance (a) In general - a buyer is allowed a depreciation allowance as an adjustment to taxable price if: 16 (1) Tangible personal property or a taxable service is acquired before the tangible personal property is brought into the state for use in the state or before the taxable service is used in the state; and (2) The use first occurs in another state or federal jurisdiction. (b) Amount allowance - The allowance under subsection (a) of this section for each full year that follows the date of purchase is ten percent (10%) of the taxable price paid to acquire the tangible personal property or taxable services.

17 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES XXIV. PROPOSER RFP CHECKLIST The following is a tentative checklist to assist the PROPOSER in verifying minimal required information is provided at the RFP opening. It remains the PROPOSER s responsibility to ensure all information is complete and attached, including information, which may not be listed on this checklist. Any information missing at the time of proposal opening may result in rejection of the RFP proposal. No proposals will be accepted after the designated RFP opening time. Any questions please contact the Purchasing Office, RFP package labeled properly for identification. a) Proposal 3 hard copies b) Proposal 1 electronic copy (PDF format) on disk. 2. Completion of Certification of Proposer s Qualifications & Certification and attached applicable copies of required license. 3. Completion of pages requiring information to include signatures and notary seal. a) Agreement of Terms and Conditions b) Determination of Responsibility c) Proposer Certification 4. A copy of a Certificate of Insurance demonstrating all information of required Liability, Worker s Compensation, and professional liability insurance. 17

18 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES XXVI. AGREEMENT OF TERMS AND CONDITIONS: Made this day of, Business Address Remit to Address The PROPOSER declares that the only person, firm, or corporation, or persons, firms, or corporations, that has or have any interest in this proposal or in the Contract or Contracts proposed to be taken is or are the undersigned; that this proposal is made without any connection or collusion with any person, firm or corporation making a proposal for the same work; that the attached specifications have been carefully examined and are understood; that as careful an examination has been made as is necessary to become informed as to the character and extent of the work required; and, that it is proposed and agreed, if the proposal is accepted to contract with Cecil County, Maryland, in the form of Contract heretofore attached, to do the required work in the manner set forth in the specifications. If this proposal shall be accepted by said County and the undersigned shall refuse or neglect within ten days after receiving the Contract for execution to execute the same, and to give stipulated bond, then said County may at their option determine that the PROPOSER has abandoned the Contract; and, thereupon, the proposal and the acceptance thereof shall be null and void; and, the deposit, if any, accompanying the proposal shall be forfeited to and become the property of the County. In the case of firms, the firm s name must be signed and subscribed to by at least one member. In the case of corporations, the corporate name must be signed by some authorized officer or agent thereof, who shall also subscribe his name and office. If practical, the seal of the corporation shall be affixed. I/We identify by number, date and number of pages the following addenda: No. Date No. of Pages The names and addresses of all members of a firm or the names, addresses and titles of every officer of a corporation, as the case may be, must be given here by the member of the firm or by the officer or agent of the corporation who signs the proposal. 18

19 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES XXVII. DETERMINATION OF RESPONSIBILITY: CERTIFICATION OF PROPOSER S QUALIFICATIONS All APPLICABLE questions must be answered and included with the RFP. The data given must be clear and comprehensive. A copy of the Proposer s State of Maryland Construction Firm License or required applicable license shall be attached to this form. Information concerning this license can be obtained from Cecil County Clerk of the Court s Office at (410) You can also receive information necessary for corporations to do business in the State of Maryland from the State of Maryland Sales and Use Tax Division. Ask for a Corporation Qualifying Package at (410) All Proposers shall ensure they are qualified to do business within the State of Maryland. Businesses established outside the State of Maryland must be qualified as a Foreign Business to be eligible to provide service within the State of Maryland. Questions concerning Foreign Businesses may be referred to (410) Name of Contract: On-Call Construction Inspection Services 2. Contract No.: RFP # Name of Proposer: 4. State of Maryland Construction Firm License No.: 5. Business Address: 6. Remittance Address: 7. Contact Person & Phone #: 8. When Organized: 9. Where Incorporated: 10. Foreign Business No.: 11. Federal Tax No.: 12. Has the Proposer paid any sales tax on the equipment to be used on the project? Yes No 13. If so, at what rate was the sales tax paid? Percent to State of 14. How many years has the Proposer been engaged in this business under your present firm name? 15. Have you ever refused to sign a contract at your original RFP/Bid? Yes No 16. Have you ever defaulted on a contract? Yes No Remarks: 17. Will you, upon request, furnish any other pertinent information that Cecil County, Maryland may require? Yes No 15. Does your business maintain a regular place of business in the State of Maryland (Resident) or would your business be considered Non-Resident? 16. Has the Proposer or firm ever been disbarred, suspended or otherwise prohibited from doing work with the federal government. Yes No (If yes, explain ) With the submission of this certification, the Proposer thereto certifies that the information supplied is, to the best of your knowledge, accurate and correct. Dated this day of, (Name of Proposer) 19 By: Title:

20 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES XXVIII. PROPOSER CERTIFICATION The above statements are certified to be true and accurate and we have the equipment, labor, supervision and financial capacity to perform this Contract. Dated at this day of, 20. State of County of, ss. By: (Printed Name) (Title of Person Signing) (Name of Organization) being duly sworn, states he is of (Office) and that the answers to the foregoing questions and all statements therein contained are true and correct. Sworn to before me this day of 20. Notary Public (My Commission Expires: ) (NOTARY SEAL) 20

21 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES XXIX. SCOPE OF WORK: GENERAL CONCEPTS The following general minimal requirements shall be used to formulate the Proposer s proposal: PROJECT DESCRIPTION Cecil County Department of Public Works is seeking comprehensive engineering services to provide construction management and inspection services. The scope of work shall include, but not be limited to: 1. Review contract documents and provide constructability review 2. Inspection of various paving projects throughout the County 3. Inspection of various bridge rehabilitation and replacement projects throughout the County 4. Inspection of various highway reconstruction projects throughout the County 5. Inspection of various water and wastewater projects throughout the County 6. Inspection of various land development projects throughout the County 7. Geotechnical inspection including, subgrade inspection, soil testing, soil compaction tests, asphalt compaction tests, and excavation and shoring inspection. The selected firm will supply all necessary equipment and materials. 8. Material testing and approval including concrete testing. 9. On-site manufacturing inspection for precast concrete products and steel fabricated products. 10. Survey to verify site conditions, verify excavation and fill quantities, as-build drawings, etc. During construction of each of the projects, the selected firm shall perform some or all of the following as agreed upon in the scope of work: 11. Provide a full-time or part-time inspector possessing experience in construction related to the type of project that is assigned. The inspector shall be responsible for assuring that construction is performed in accordance with the Contract Documents. 12. Coordinate a Pre-Construction Conference held at the Site to introduce all team members and establish contract, communication, schedule, and submittal procedures. 13. Organize an information system that maintains a list of shop drawing submittals, construction records, quantities, payment schedules, inspection records, and project schedules and shall maintain organized files at the Site, including specifications, drawings, addenda, change orders, field orders, correspondence, reports, shop drawings, samples, operation and maintenance manuals, and other project-related documents. 21

22 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES 14. Track and monitor all construction costs and quantities, and validation of all contractors payment requests and bid items. 15. Receive, process and forward, to the Engineer, all requests for information (RFIs). A logging system shall be developed to track the progress of the review submittal process. 16. Review change orders in order to make recommendations on conformance to the plans and specifications. 17. Receive, process and forward, to the Engineer, all submittals (i.e., surveys, shop drawings, cut sheets, samples, test results). Also, establish a process for the timely review of their approval/disapproval. 18. Prepare daily reports of contractor activities on the job site, including weather conditions, data relative to questions of extras or deductions; material and equipment deliveries and subsequent installation, and all testing procedures. 19. Coordinate on-site progress meetings. 20. Conduct continuous inspections of on-going work for quality control and maintain a photographic record. All photographs will be digital and dated. The photo album will be maintained, and provided to the County at the conclusion of the work. 21. Provide field consultation as necessary. 22. Permitting assistance, remedial design, and repair recommendations/design. 23. Utility Locate capabilities using soft dig or GPR etc. and utility relocation coordination. 24. Painting inspection to include lead abatement as required. 25. For the Close-Out process, the CM Consultant shall advise the County as to the readiness of the project for substantial and final inspection when all criteria have been met by the contractor for completion and acceptance. In addition, all required affidavits, guarantees, manuals, keys, record drawings, spare parts, etc. will be collected by the inspection staff and transferred to the County at the completion of the project. Comprehensive Scope of Services and Cost Derivation The services provided under these contracts will be assigned by Task Order. The selected firm shall, upon request from the County, submit a comprehensive scope of services and cost derivation for each engineering task assigned. The scope of services shall include all activities necessary to complete the assigned task, a schedule showing a timeline to implement each activity, a cost derivation for direct labor to provide professional services, projected costs for direct expenses such as travel, equipment rental, non-professional services, printing, etc, and proposed deliverables required to complete the task. 22

23 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES XXX. QUALIFICATIONS/PROPOSAL TECHINICAL CONTENTS The response to this RFP should be concise, and focused. The proposal must indicate specifically which Project team member is responsible for the work proposed. To aid in the comparative evaluation of proposals, please include the following: 1. Introduction (two pages). a. Name, address, phone, and fax number of firm b. Brief background history of the firm c. Principals of firm, number of staff d. Services offered by firm e. The name of the principal in charge 2. Firm s record of performance and demonstrated ability, knowledge, and experience. a. Describe the organization and management team for this Project. (one page) b. Identify each key team member and other specialty members employed or contracted by the firm for this Project, and identify the person who will be the daily point of contact for communications. Cecil County requires that Project team members are not to be replaced without prior consent of the County. (one page) c. Provide a brief resume for all key team members. (max. one page per team member) d. Provide the names of Professional Engineer licensed in the State of Maryland that will perform or direct the work performed under this contract. 3. Capacity to perform, i.e., adequacy of personnel, financial responsibility, and creditworthiness. (one page) 4. Provide a brief description of similar type projects and the familiarity with Cecil County (two pages) 5. Provide information on the technical expertise and familiarity of the Firm/Project Team listed in this proposal on the items described under Project Description and any other factors that demonstrate the firms ability to provide the requested services. (two pages) 6. Location of office from which this contract will be administered and the name of the manager in charge. Locations will be scored as it effects the cost and responsiveness of field inspectors and construction managers. Explain what location your inspectors will work from and how daily inspection chargers will be calculated. Due to the nature of the on-site work proposed on this project, firms located within 60 miles will receive a higher score for this criteria (1/2 page) 7. Provide three (3) client references each for both the prime and all sub-consultants. The references must include verified addresses and telephone numbers, contact persons, and a brief description of services that have been provided similar to those described by Cecil County to this project. 23

24 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES a. References shall be shown on separate sheets (limited to one (1) single-sided sheet per firm; one (1) sheet for the prime and one (1) sheet for each sub proposed). 8. Rate Structure - On Attachment A list salary rates for the specified classifications of personnel, an average hourly rate for the proposed project team, payroll burden and overhead for the most current accounting period available, and a schedule of rates for other direct costs such as travel, equipment rentals, non-professional services, printing, etc. Personnel classification may be revised to reflect the personnel that you expect to use on this contract. Consideration for salary rate escalation will occur annually after the anniversary date of the awarded contract. 24

25 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES ATTACHMENT A HOURLY RATE SCHEDULE Provide rates for all positions listed below Hourly Rate without overhead Principal $ Sr. Construction Manager (PE) $ Construction Manager/ Project Manager $ Geotechnical Engineer (EI/PE) $ Sr. Road & Bridge Inspector $ Road & Bridge Inspector $ Field Technician (Materials Testing) $ Waste Water mechanical Inspector $ Sr. Waste Water Inspector $ Waste Water Inspector $ Senior Surveyor $ 2-man Survey Crew $ Clerical $ Average Hourly Rate $ Overhead and Payroll Burden % Direct Costs Printing Reports $ 25

26 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES Printing Maps and Plans $ Mileage 1 $ Phone 2 $ Vehicle 2 $ (Name of Firm) (Print Name) (Signature) 1. Not to exceed federal rate 2. Used only for construction inspection contracts. Note: You may add additional pay categories you expect to use on this contract 26

27 RFP ON-CALL CONSTRUCTION INSPECTION SERVICES ATTACHMENT B CECIL COUNTY DEPARTMENT OF PUBLIC WORKS ON- CALL COMPREHENSIVE ENGINEERING CONTRACT 27

28 CECIL COUNTY DEPARTMENT OF PUBLIC WORKS ON-CALL COMPREHENSIVE ENGINEERING CONTRACT CONSTRUCTION INSPECTION AGREEMENT BETWEEN COUNTY AND ENGINEER FOR PROFESSIONAL SERVICES ON AN ON-CALL/TASK ORDER BASIS THIS AGREEMENT effective as of, 20 ( Effective Date ) by and between Cecil County, Maryland a body politic and corporate (hereinafter as the County and (hereinafter as the Engineer ). From time to time County may, but shall not be obligated to, request that Engineer provide professional services for Specific Projects as outlined in a separate document to be issued for each separate engagement (a Task Order ).. This Agreement sets forth the general terms and conditions which shall apply to all Task Orders duly executed under this Agreement and shall be a material part of any such Task Order. Now therefore, for good and valuable consideration, the County and Engineer agree as follows: ARTICLE 1 SERVICES OF ENGINEER 1.01 Scope A. Engineer s services will be detailed in a duly executed Task Order for each Specific Project. Each Task Order will indicate the specific tasks and functions to be performed and deliverables to be provided. Basic and Additional Services that may be included in a Task Order are set forth in Exhibit A, "Schedule of Engineer's Services." B. The general format of a Task Order is shown in Attachment 1 to this Agreement. C. This Agreement is not a commitment by County to Engineer to issue any Task Orders, and the Engineer shall not be obligated to perform any prospective Task Order unless and until County and Engineer agree as to the particulars of the Specific Project, Engineer's services, Engineer's compensation, and all other appropriate matters Task Order Procedure A. County may request a proposal for specified services from the Engineer, or the County may unilaterally request specific services to be provided in accordance with the standard rates set forth in Exhibit C. B. Engineer shall agree on the scope, time for performance, and basis of compensation for each Task Order. Each duly executed Task Order shall be subject to the terms and conditions of this Agreement. Page 1 of 18

29 C. Engineer will commence performance as set forth in the Task Order. ARTICLE 2 COUNTY S RESPONSIBILITIES 2.01 General A. County shall have the responsibilities set forth herein, in Exhibit B, "Schedule of County's Responsibilities," and in each Task Order. B. County shall pay Engineer as set forth in Exhibit C. C. County shall be responsible for, and Engineer may reasonably rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by County to Engineer pursuant to this Agreement. Engineer may use such requirements, programs, instructions, reports, data, and information in performing or furnishing services under this Agreement. ARTICLE 3 TERM; TIMES FOR RENDERING SERVICES 3.01 Term A. This Agreement shall be effective and applicable to Task Orders issued hereunder for one year from the Effective Date of the Agreement, with three one year extensions. All contracts extending beyond the County s fiscal year (June 30 th annually) shall be subject to budget appropriation. Extensions if any will be at the sole discretion of the County. B. The parties may extend or renew this Agreement, with or without changes, by written instrument establishing a new term Times for Rendering Services A. The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Engineer will perform services and provide deliverables within a reasonable time. B. If, through no fault of Engineer, such periods of time or dates are changed, or the orderly and continuous progress of Engineer s services is impaired, or Engineer s services are delayed or suspended, then the time for completion of Engineer s services, and the rates and amounts of Engineer s compensation, may be adjusted equitably. C. If County authorizes changes in the scope, extent, or character of the Specific Project, then the time for completion of Engineer s services, and the rates and amounts of Engineer s compensation, may be adjusted equitably. D. County shall make decisions and carry out its other responsibilities in a timely manner so as not to delay the Engineer s performance of its services. E. If Engineer fails, through its own fault or the fault of any person under contract with Engineer, to complete the performance required in a Task Order within the time set forth, as duly adjusted, then County shall be entitled to the recovery of direct damages resulting from such failure. Page 2 of 18