2025-005_North_Beach_Green_Infrastructure_Design_FINAL.pdf

REQUEST FOR PROPOSAL

TOWN OF NORTH BEACH, MARYLAND

RFP 2025-005

NORTH BEACH GREEN INFRASTRUCTURE DESIGN

North Beach Town Hall 8916 Chesapeake Avenue North Beach, MD 20714

Solicitation Number RFP 2025-005 NORTH BEACH GREEN INFRASTRUCTURE DESIGN Issue Date: Thursday, April 10, 2025 Issuer/Contact for Clarifications:

Amanda O’Dell 443-646-2426 rfp@northbeachmd.org

Solicitation Information Available at:

E-Maryland Marketplace Advantage (EMMA) https://emma.maryland.gov Town of North Beach Website: https://www.northbeachmd.org/bids

Pre-Bid Meeting/Site Visit:

Mandatory Pre-bid meeting on Thursday, April 17, 2025 at 10:00 am (Eastern Standard Time) starting at the North Beach Welcome Center, 9023 Bay Avenue, North Beach, MD 20714.

Questions Due Date and Time:

All written questions will be due on or before Thursday, April 24, 2025 by 10:00am (Eastern standard time). All questions shall be submitted to the procurement office at rfp@northbeachmd.org Answers will be returned by: Tuesday, April 29, 2025.

Proposals are to be delivered and opened by:

Thursday, May 8, 2025 by 10:00 AM (Eastern Standard Time) North Beach Town Hall Procurement Office 8916 Chesapeake Avenue North Beach, MD 20714

Proposal Validity Period:

All proposals received must be valid for 120 calendar days from the date that responses to this solicitation are due.

Funding: MD Dept. of Natural Resources Grant number: 14-23-4241 CRP Resiliency through Restoration Program (Grant). The award will be subject to grant requirements.

mailto:rfp@northbeachmd.org https://emma.maryland.gov/ https://www.northbeachmd.org/bids

TOWN OF NORTH BEACH

Technical Proposals shall be submitted in a SEALED ENVELOPE with the label provided below affixed to the front. Town of North Beach reserves the right to reject proposals improperly labeled. The envelope shall also show the Consultant’s name and address in the upper left corner.

FROM:

SEALED TECHNICAL PROPOSAL

TO BE DELIVERED AND OPENED BY:

PROCUREMENT OFFICE

8916 CHESAPEAKE AVENUE

NORTH BEACH, MARYLAND 20714

PROPOSAL TITLE:

PROPOSAL NUMBER:

PROPOSAL DUE DATE AND TIME:

Price proposals shall be submitted in a SEALED ENVELOPE with the label provided below affixed to the front. Town of North Beach reserves the right to reject proposals improperly labeled. The envelope shall also show the Consultant’s name and address in the upper left corner.

FROM:

SEALED PRICE PROPOSAL

TO BE DELIVERED AND OPENED BY:

PROCUREMENT OFFICE

8916 CHESAPEAKE AVENUE

PROPOSAL TITLE:

PROPOSAL NUMBER:

PROPOSAL DUE DATE AND TIME:

TABLE OF CONTENTS

NOTICE TO CONSULTANTS

PAGE NUMBER(S)

1.1 – 1.3

PRICE PROPOSAL

2.1 – 2.2

NAME AND SIGNATURE REQUIREMENTS FOR BID AND CONTRACT

2.3

GENERAL PROVISIONS OF BID AND CONTRACT

3.1 – 3.12

SPECIFICATIONS

4.1 – 4.13

NON-COLLUSION CERTIFICATE

5.1

EQUAL OPPORTUNITY EMPLOYER AND DRUG FREE WORKPLACE

CERTIFICATION

5.2

AFFIDAVIT OF PUBLIC CONTRACTING ELIGIBILITY 5.3

AGREEMENT

6.1 – 6.2

CONSULTANT’S LEGAL BUSINESS NAME:

AUTHORIZED SIGNATURE: DATE:

1.1

NOTICE TO CONSULTANTS

Sealed proposals shall be due on or before Thursday, May 8, 2025, at 10:00 am (EST). Upon submission of a proposal, the Town will issue only an acknowledgement of receipt for:

A mandatory pre-proposal/ site visit meeting shall be held on Thursday, April 17, 2025 at 10:00 am, starting at the North Beach Welcome Center, 9023 Bay Avenue, North Beach, MD 20714.

Responses to this Request for Proposal (hereinafter, “RFP”) shall be submitted in two (2) SEALED ENVELOPES: one envelope shall contain one (1) original of the Consultant’s technical (Qualifications and Experience [Q&E]) proposal marked TECHNICAL PROPOSAL. The second envelope shall contain one (1) original of the Consultant’s price proposal marked PRICE PROPOSAL. The technical proposal shall be accompanied by a brief transmittal letter, signed by an officer of the company authorized to bind the Consultant to their proposal, with required affidavit(s) attached. The yellow labels provided with this RFP shall be affixed to the front of each envelope and marked according to the above. Each label shall be fully filled out and clearly marked as to which envelope contains the technical proposal, and which one contains price information. The Town of North Beach reserves the right to reject proposals improperly labeled. The envelopes shall also show the Consultant’s company name and address. (ANY TECHNICAL PROPOSAL

WITH PRICE INFORMATION MAY BE CONSIDERED NON-RESPONSIVE.)

The Consultant may submit their sealed proposals as follows so they will be received in the office designated below no later than the exact time set for receipt of proposals:

1. Ship package through UPS, FedEx, or hand delivery to:

TOWN OF NORTH BEACH

PROCUREMENT OFFICE

RFP 2025-005 NORTH BEACH GREEN INFRASTRUCTURE DESIGN

8916 CHESAPEAKE AVE

OR

2. Ship package through the United States Postal Service (USPS) to:

PROCUREMENT OFFICE

RFP 2025-005 NORTH BEACH GREEN INFRASTRUCTURE DESIGN

PO BOX 99

1.2

Where proposals are sent by any method to the Town of North Beach’s Procurement Office, the Consultant shall be responsible for their delivery before the date and time set for the closing of proposal acceptance. If the delivery is delayed beyond the due date and hour set for receipt of proposals, proposals shall not be accepted.

If an emergency or unanticipated event interrupts normal Town of North Beach processes so that bids cannot be received at the Town of North Beach Procurement Office by the exact date and time specified in this RFP and the Town of North Beach is precluded from amending the bid opening date, the time specified for receipt of bids shall be deemed to be extended to the same time of day specified in this RFP on the first work day on which normal Town of North Beach administrative offices resume operations.

All proposals received before the time set for receipt of proposals shall be kept secure. The proposals shall not be opened or viewed and shall remain in a locked box or a safe. If an RFP is cancelled, proposals shall be returned to the Consultants. Necessary precautions shall be taken to ensure the security of the bid box or safe. Before the technical proposal opening, information concerning the identity and number of proposals received shall only be made available to employees of the Town of North Beach Procurement Office. Such disclosure shall be only on a “need to know” basis. If proposal samples are submitted, they shall be handled with sufficient care to prevent disclosure of characteristics before proposal opening.

Proposals made on any form(s) other than the required form(s) included in this RFP shall not be considered.

Changes in the phraseology of the proposal, additional or limiting provisions shall render the proposal invalid and shall cause its rejection.

Consultants shall be responsible for obtaining all documentation, including but not limited to any addenda issued by going to eMaryland Marketplace Advantage at https://emma.maryland.gov or the Town of North Beach website at: https://www.northbeachmd.org/bids to submitting their proposal.

Changes to the RFP shall only be made in writing. Town of North Beach assumes no responsibility for verbal instructions or interpretations.

All proposals shall be binding for 120 calendar days following the date and hour set for receipt of proposals, unless extended by mutual consent of all parties.

The Town of North Beach is tax exempt, and all prices quoted shall be exclusive of any Federal or Maryland State Taxes. This includes Federal Excise Tax and any other Excise Tax applicable to any other equipment or accessories. However, taxes are required to be paid by the Consultant on all materials and equipment to be incorporated into the Project. The Consultant is prohibited from using the Town of North Beach’s tax-exempt number for any purchases.

Consultants are warned against submitting unbalanced price proposals as this will render them liable to rejection.

The right is hereby reserved to reject any or all proposals, and to waive informalities, as the interest of the Town of North Beach may require.

If the Consultant to whom an award is made shall fail to execute the Contract hereto attached, and as herein provided, the award may be annulled and the Contract awarded to the next most responsible Consultant, and such Consultant shall fulfill every stipulation embraced herein, as if they were the original party to whom the award was made; or Town of North Beach may reject all proposals as its interests may require.

https://www.northbeachmd.org/bids

1.3

Consultants shall carefully examine all documentation. In case doubt shall arise as to the meaning or intent of anything included in the specifications, an inquiry shall be made to the Procurement Office before a proposal is submitted. Written questions and inquiries shall be accepted from all Consultants. The Procurement Office shall be the sole point of contact for this solicitation unless otherwise instructed herein. Written requests for information related to this RFP shall be directed to the Procurement Office, Amanda O’Dell, by E-Mail:

rfp@northbeachmd.ortg. Unauthorized contact with other Town of North Beach staff regarding this RFP may result in the disqualification of the Consultant. Inquiries pertaining to this RFP shall give the RFP number, title, due date, and time. Written questions shall be due on or before Thursday, April 24, 2025 by 10:00 am (Eastern Standard Time). It shall be the responsibility of all Consultants to ensure they have received any addenda and other documents issued. Any addenda issued shall become a part of the Contract Documents and shall be fully considered by all Consultants during formation of proposals. The submission of a proposal shall indicate the Consultants thoroughly understand the terms of all Contract Documents.

Changes to the Information for Consultants or Technical Specifications and all documentation relating to this RFP shall only be made in writing. The Town of North Beach assumes no responsibility for verbal instructions or interpretations.

The submission of a bid on this work and service shall be considered as a representation that the Consultant has carefully investigated all conditions which affect or may, at some future date, affect the performance of the work or services covered by the proposal, the entire area to be serviced as described in the specifications and other Contract documents, and that the Consultant is fully informed concerning the conditions to be encountered, character, quality and quantity of work to be performed, and equipment and materials to be furnished; also, that the Consultant is familiar with all Federal, State, and County laws, all codes and ordinances of the Town of North Beach which affect the prosecution of the work or persons engaged or employed in the work or the materials and equipment used in the work.

The consultant shall execute the following, including required form(s), and include them as part of their proposal. Failure to do so may be cause for rejection of the proposal as nonresponsive.

a. Price Proposal

b. Technical (Q&E) Proposal Submittal which includes these required forms or documents:

Consultant’s Technical Proposal Name and Signature Requirements of Proposal and Contract Non-Collusion Certificate Equal Opportunity Employment Form Affidavit of Public Contracting Eligibility Addenda Issued Questions and Answers/Clarification Issued

Acknowledgement of receipt only for this Request for Proposal shall be posted on the Town of North Beach’s website at https://www.northbeachmd.org/bids/all https://www.northbeachmd.org/bids/all

2.1

PRICE PROPOSAL

TO THE TOWN OF NORTH BEACH: The undersigned agrees to furnish all labor, material, supervision, and equipment necessary to complete the NORTH BEACH GREEN INFRASTRUCTURE DESIGN, as specified in this RFP, and in accordance with ATTACHED SPECIFICATIONS and other documents, at the following bid price:

ITEM

# DESCRIPTION UNIT OF

MEASURE TOTAL

1 Final Design Plan Lump Sum $

2 Presentation or Workshop for DPW and Key Stakeholders Lump Sum $

TOTAL BID $

The Consultant shall also provide a detailed breakdown to substantiate lump sum pricing including, without limitation, Consultant hours and hourly rates, subcontractor fees, and all associated Project costs.

Town of North Beach will not accept any conditions requiring upfront fees or deposits.

Verify math calculation. In the event of errors in computation, unit price(s) shall be the determining factor for the total(s).

2.2

It is further agreed by the Undersigned that upon receipt of a written Notice of Award, the necessary contract shall be executed within ten (10) business days after such notice.

No Consultant may withdraw his proposal within 120 calendar days after the opening thereof.

The undersigned has caused this proposal to be executed as of the day and year indicated on each proposal page and hereby agrees to provide aforementioned services necessary for compliance with this Request for Proposal and agrees to provide these services at the rates submitted on their proposal form. By signing each proposal page, the Consultant does hereby attest they have fully read the Request for Proposal and understand it.

The time for performance of this contract shall begin with the date of the Notice to Proceed or as otherwise directed by the Town of North Beach, with a completion date no later than 6 months from date of the Notice to Proceed or ad otherwise directed by the Town of North Beach.

By signing and submitting a proposal, your firm acknowledges and agrees it has read and understands the Request for Proposal documents and agrees to the Contract Terms and Conditions as contained herein.

2.3

NAME AND SIGNATURE REQUIREMENTS FOR BID AND CONTRACTS

The legal business name and principal office AS RECORDED WITH THE MARYLAND DEPARTMENT OF ASSESSMENTS AND TAXATION (SDAT) shall be used on all forms submitted.

A trade name (i.e., a shortened or different name under which the company does business) shall not be used when the legal name is different. Corporations shall have names that comply with State law. The Consultant’s signature shall conform to the following:

All signatures shall be made by an authorized officer, partner, manager, member, or employee.

The signing of an offer or a contract is a representation and certification by the person signing that the person signing is authorized to do so on behalf of the offeror or Consultant.

CONSULTANT’S LEGAL BUSINESS NAME TELEPHONE NUMBER

PRINCIPAL OFFICE ADDRESS FAX NUMBER

REMITTANCE ADDRESS: (If Remittance Address is Different from Above Address)

EMAIL ADDRESS

NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (TYPE OR PRINT)

SIGNATURE OF ABOVE PERSON DATE

WITNESS DATE

3.4

GENERAL TERMS AND CONDITIONS

DEFINITIONS. Wherever the words defined in this section, or pronouns used in their stead, occur in the specifications, proposal, contract, or bond, they shall have the meanings herein given and as defined:

BIDDER/OFFEROR/CONSULTANT shall mean a firm that responds to this ITB with a bid.

TOWN OF NORTH BEACH COUNCIL shall mean the governing board of elected officials of Town of North Beach, Maryland noted hereinafter as Town of North Beach (or the officially authorized official).

CONTRACT DOCUMENTS shall mean those written documents that define the roles, and responsibilities, and work under the Contract, and are legally binding on the parties (Town of North Beach and the Consultant). The individual documents constituting the Contract Documents are the RFP, Consultant’s Technical Proposal, Consultant’s Price Proposal, Certificates of Insurance, Notice of Award, Notice to Proceed, Addenda, Change Orders, and Performance and Payment Bonds.

PROJECT MANAGER shall mean that person designated to supervise performance of this Contract on behalf of the Town of North Beach within the scope of duties entrusted under such authority.

Whenever the Contract Documents or upon any drawings the words DIRECTED, REQUIRED, PERMITTED, ORDERED, DESIGNATED, PRESCRIBED, or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Project Manager is intended, and similarly the words APPROVED, ACCEPTABLE, SATISFACTORY, or, words of like import, shall mean approved by, acceptable or satisfactory to, the Project Manager, unless otherwise expressly stated. Such approvals and acceptances shall not, under any circumstances, constitute approval or acceptance of the Project.

CONTRACT INTERPRETATION BY THE PROJECT MANAGER. Any inconsistencies or ambiguities in the Contract Documents shall be immediately reported, in writing, to the Project Manager. Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Consultant to the Project Manager with a Request for Information. The Project Manager shall respond to the Consultant in writing with a decision within fifteen (15) calendar days of receipt of the request, or if it is necessary to extend this period, the Project Manager shall notify the Consultant in writing as to when a decision will be made. The Project Manager is the sole person responsible for Contract interpretation and Consultant shall not seek nor rely upon Contract interpretation by any other Town individual as they have no authority to act on behalf of the Town in this regard.

Work done by the Consultant after its discovery of such inconsistencies or ambiguities without such notice to the Project Manager and a response from the Project Manager shall be done at the Consultant’s sole risk and expense.

In resolving conflict, error, or discrepancies within the Contract Documents, the Contract Documents shall be given precedence in the following order (Change Orders, highest precedence and Notice to Consultants, lowest precedence):

Change Orders Addenda Federal, State, and/or Town Requirements Contract General Conditions of Bid and Contract Specifications Price Proposal Notice to Consultants

3.5

In the event that conflicts, errors, or discrepancies are not resolved by the Contract Documents’ order of precedence, the more restrictive provision shall govern.

PROPOSAL FORMS AND AFFIDAVITS

All proposals shall be submitted on forms provided in this RFP, properly signed in ink by a principal duly authorized to make contracts and submitted in sealed envelopes as required under Notice to Consultants.

All required forms shall be submitted with technical proposals, except for the price proposal which shall be in a separate sealed envelope in accordance with Notice to Consultants. Failure to comply with this requirement shall be cause for rejection of proposals.

BRAND NAME OR EQUAL ITEMS (SECTION DELETED)

FORMAL SOLICITATION (SECTION DELETED)

NEW GOODS, FRESH STOCK (SECTION DELETED)

DEVIATIONS TO SPECIFICATIONS

Any deviations from the specifications shall be noted in detail by the Consultant, in writing, and submitted with the formal technical proposal. The Town of North Beach reserves the right to accept or reject any exception/deviation.

PROHIBITION AGAINST UNIFORM PRICING

Town of North Beach shall encourage open and competitive bidding by all possible means and shall endeavor to obtain the maximum degree of open competition on all purchase transactions using the competitive sealed bidding, competitive negotiation, or open market transaction methods of procurement.

In submitting a proposal, each Consultant shall, by virtue of submitting a proposal, guarantee that the Consultant has not been a party with other Consultants to an agreement to propose a fixed or uniform price. Violation of this implied guarantee shall render void the proposal of such Consultants. Any disclosure to or acquisition by a competitive Consultant, in advance of the receipt of the proposals, of the terms or conditions of the proposal submitted by another competitor shall render the entire proceedings void and shall require re-advertising the RFP.

POLITICAL CONTRIBUTIONS

If this contract involves cumulative consideration of at least $200,000, the Consultant shall file with the State Board of Elections a statement under oath containing: (i) the name of each candidate, if any, to whom one or more applicable contributions in a cumulative amount of $500 or more were made during the reporting period;

(ii) the office sought by each candidate; (iii) the amount of aggregate contributions made to each candidate;

(iv) the name of each unit of a governmental entity with which the person did public business during the reporting period; (v) the nature and amount of public business done with the Town; and (vi) if the contract or the contribution is attributed to another person who is filing the statement, the name of the contracting entity or the person who made the contribution and the relationship of that person to the person filing the statement.

The Consultant’s initial statement shall be filed at that time of the inception of the contract, and shall cover the preceding 24 months, and the Consultant shall thereafter file a semi-annual statement, for the six months ending on January 31 or July 31 of every year, for each reporting period during which performance remains uncompleted on the contract, and shall be filed within 5 days after the end of the applicable reporting period.

3.6

SET OFF

In the event that the Consultant shall owe an obligation of any type whatsoever to the Town at any time during the term hereof, or after the termination of the relationship created hereunder, the Town shall have the right to offset any amount so owed the Consultant against any compensation due to the Consultant for the provision of the Services.

CONSENT TO USE OF ELECTRONICALLY STORED SIGNATURES AND DOCUMENTS

The Consultant agrees that: (i) inserting an electronically stored copy of a signature and submitting any document(s) to the Town electronically legally binds Consultant in the same manner as if Consultant had signed in a non-electronic form or had submitted an original document to the Town for execution, and (ii) any document that is electronically stored or contains an electronically-stored image of a signature of the Consultant shall be considered to be a true, accurate and complete record, legally enforceable in any proceeding to the same extent as if such documents were originally generated and maintained in printed form. The Consultant agrees not to contest the admissibility or enforceability of an electronically stored copy of this Agreement and any other documents.

RECORD RETENTION, AUDITS, AND INSPECTIONS

The Consultant shall:

A. Retain all financial and project-related records for three (3) years from the date of final payment under the Contract.

B. Permit the Town of North Beach to access all records, including all subcontracts covered by the Contract, to make audits, examinations, reproductions, excerpts, and transcripts. Access shall be available during normal business hours and as often as deemed necessary by the Town.

AWARD OR REJECTION OF BIDS

The Town of North Beach shall award the Contract to the bidder(s) who offer(s) the lowest or best bid meeting specification, with consideration given to quality of goods and work, time of delivery or completion and responsibility of bidders. subject to its right to reject any or all bids. The Town of North Beach reserves the right to award a Contract by individual items, in the aggregate, or any combination thereof, and to waive any informality in bids received whenever such rejection or waiver is in the best interest of the Town of North Beach.

The Town of North Beach reserves the right to reject all bids and make purchases based on state, county, or municipal contracts that are established by a legal competitive process whenever it is in the best interest of the Town of North Beach to do so. The Town of North Beach also reserves the right to reject the bid of a consultant who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a consultant who, upon investigation shows, is not in position to perform the Contract.

In determining the “most responsible bidder(s)”, in addition to considering price, Town of North Beach shall consider:

1. The ability, capacity, and skill of the bidder(s) to perform the Contract or provide the services required.

2. Whether the bidder(s) can perform the Contract or provide the service promptly, or within the time specified, without delay or interference.

3. The character, integrity, reliability, reputation, judgment, experience, and efficiency of the bidder(s).

4. The quality of performance of previous contracts or services.

3.7

5. The previous and current compliance by the bidder with laws and ordinances relating to the Contract or service.

6. Whether the bidder(s) is in arrears to Town of North Beach on any debt or Contract, is in default on any surety to Town of North Beach, or is delinquent as to any taxes or assessments; and

7. Any other information that may have a bearing on the decision to award the Contract.

NON-DISCRIMINATION IN EMPLOYMENT

During the performance of this Contract, the Consultant agrees as follows:

1. The Consultant shall not discriminate against any employee or applicant for employment because of age, race, religion, color, sex, national origin, gender identity, sexual orientation, or disability (physical or mental). The Consultant agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

2. The Consultant, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, shall state that such a Consultant is an equal opportunity employer. In addition to complying with the provision of Equal Opportunity, the Consultant shall, in good faith, cooperate with the Town of North Beach in the investigation of Equal Employment Opportunity (EEO) complaints, whether formal or informal.

3. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient to meet this section's requirements.

4. The Consultant shall include the provisions above in every subcontract or purchase order so that the provisions shall be binding upon each subcontractor or vendor.

INDEMNIFICATION

The consultant is responsible for any loss, personal injury, death, and any other damage (including incidental and consequential) arising out of, incident to, or caused by reason of the Consultant’s actions or inaction. The consultant must indemnify and hold the Town harmless from any loss, cost, damage, and other expenses, including attorney’s fees and litigation expenses, arising out of, incident to, or caused by the Consultant’s negligence, malfeasance, or failure to perform any of its contractual obligations. If requested by the Town, the Consultant must defend the Town in any action or suit brought against the Town arising out of the Consultants’ actions or inactions under this Agreement. The actions or inactions of any agent, subcontractor, or employee of consultant is deemed to be that of the Consultant. For the purposes of this Subsection, the Town includes its agents, officials, and employees.

3.8

INSURANCE

The Consultant shall not commence work under this Contract until it has submitted the required certificates of insurance evidencing the insurance required under this section. All coverages shall be with insurance carriers licensed and authorized to do business in Maryland. Insurance companies providing insurance shall be acceptable to the Town of North Beach. It shall be the Consultant’s responsibility to make immediate notification to the Town of North Beach if any changes are made to the policy.

1. Certificate Holder, Additional Insured, and Contract Information

a. The Town of North Beach, Maryland shall be named as certificate holder and as an additional insured for the duration of the Contract as follows:

Town of North Beach Attention: Procurement Office 8916 Chesapeake Ave North Beach, Maryland 20714

b. The certificate shall also indicate the contract name and number.

c. Additional insured shall be as pertains to general liability and automobile liability.

d. The “ADDL INSD” box shall be checked for general liability and automobile liability.

2. Commercial General Liability Insurance Comprehensive Liability Insurance: Limits of coverage for commercial general liability and broad form property damages coverage are to be no less than One Million Dollars ($1,000,000.00) occurrence/One Million Dollars ($1,000,000.00) aggregate personal injury and death and Two Hundred Fifty Thousand Dollars ($250,000.00) property damage/ Five Hundred Thousand Dollars ($500,000.00) aggregate, where insurance aggregates apply.

3. Professional Liability During the life of this Contact, the Contractor shall procure and maintain professional liability insurance coverage in the amount of one million ($1,000,000.00) dollars, with a minimum coverage of one million ($1,000,000.00) dollars per occurrence and one million ($1,000,000.00) dollars aggregate.

4. Automobile Liability Insurance Automobile Liability Insurance. Motor vehicle insurance meets the requirements of Maryland law and covers every vehicle and driver involved in providing the services, in the following amounts:

(1) Bodily injury liability with limits of $500,000.00 each person and $1,000,000.00 each accident.

(2) Property damage liability with a limit of $250,000 for each accident.

5. Workers’ Compensation Failure of the Contractor to maintain Worker’s Compensation coverage for the duration of the contract will result in the Town deducting from each payment made under this contract to the Contractor, a pre-determined percentage to defray coverage costs of the Town. The contractor shall comply with the requirements and benefits established by the State of Maryland for Workers’ Compensation.

3.9

6. Notice of Cancellation Prior to starting performance of any work under the Contract and for each extension of the Contract, a certificate of insurance shall be furnished to Town of North Beach. Insurance companies providing insurance shall be acceptable to the Town of North Beach. The Consultant agrees to provide the Town of North Beach with a Certificate of Insurance evidencing that all coverage, limits and endorsements required herein are maintained and in full force and effect. If the Consultant receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, the Consultant agrees to notify Town of North Beach within two (2) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. It shall be the Consultant’s responsibility to make immediate notification to the Town of North Beach if any changes are made to the policy.

SUBLETTING OF CONTRACT OR ASSIGNMENT OF CONTRACT FUNDS

It is mutually understood and agreed that the Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of their contractual duties to any other person, firm, or corporation, without the prior written consent of Town of North Beach which may be withheld for any reason or no reason at all.

SUBCONTRACTING

Subcontractor(s), if any, must be identified in the Consultant’s proposal with a complete description of their role relative to the Bidder/Offeror. No services shall be subcontracted, either in whole or in part, except with the prior written consent of the Town of North Beach.

TERMINATION OF CONTRACT

The Town of North Beach may terminate a Contract, in whole or in part, whenever Town of North Beach determines that such termination is in the best interest of the Town, without showing cause, upon giving written notice to the Consultant. The Town of North Beach shall pay all reasonable costs incurred by the Consultant up to the date of termination. However, in no event shall the Consultant be paid an amount which exceeds the price proposed for the work performed. The Consultant shall not be reimbursed for any profits which may have been anticipated but which have not been earned up to the date of termination.

When the Consultant has not performed or has unsatisfactorily performed the Contract, the Town of North Beach may terminate the Contract for default. Upon termination for default, payment may be withheld at the discretion of the Town of North Beach. Failure on the part of a Consultant to fulfill the contractual obligations shall be considered just cause for termination of the Contract. The Consultant shall be paid for work satisfactorily performed prior to termination, less any excess costs incurred by Town of North Beach in completing the Consultant’s obligations under the Contract.

AVAILABILITY OF FUNDS

Multi-year contracts may be continued each fiscal year only after funding appropriations and program approvals have been granted by the Town of North Beach. In the event Town of North Beach does not appropriate funds for the continuation of this Contract, then the affected multi-year contract becomes null and void effective July 1 of the fiscal year for which such appropriations and approvals have been denied.

Town of North Beach reserves the right to immediately terminate a contract in the event funds are no longer available or have been exhausted. If the Town of North Beach terminates the contract, the Town of North Beach shall attempt to give written notice at least thirty (30) days in advance of the effective date.

The Contractor shall be paid for all labor and material provided as of termination date. No consideration shall be given for anticipated loss of revenue or profit on the cancelled portion of the Contract. The Contractor shall not perform any services in a fiscal year without confirming with the Town Administrator that the funds are available for the fiscal year in question.

3.10

SERVICE DELIVERY FAILURES

Failures of a Consultant to provide the services required under this Contract within the time specified, or within reasonable time as determined by the Town of North Beach in its sole and absolute discretion shall constitute authority for the Town to procure the services required under this Contract in the open market.

On all such purchases, the Consultant shall reimburse the Town of North Beach, within a reasonable time as specified by the Town of North Beach, in its sole and absolute discretion, for any expense incurred in excess of Contract prices. Such purchases shall be deducted from Contract quantities.

NON-LIABILITY

The Consultant shall not be liable in damages for delay in shipment or failure to deliver when such delay or failure is the result of fire, flood, strike, the transportation carrier, act of God, act of Government, act of an alien enemy or by any other circumstances which, in Town of North Beach's sole opinion, is unforeseeable and beyond the control of the Consultant. Under such circumstances, however, the Procurement Office may at their discretion, cancel the Contract.

PAYMENT

Payment shall be made after satisfactory performance of the Contract, in accordance with all the provisions thereof, and upon receipt of a properly completed invoice. The Town of North Beach reserves the right to withhold any or all payments or portions thereof for Consultant’s failure to perform in accordance with the provisions of the Contract or any modifications thereto.

BREACH OF CONTRACT

1. In the event the Consultant shall fail to comply with any of the terms or conditions of the Contract Documents, the Project Manager shall notify the Consultant of such failure or default and demand that the same be remedied within five (5) business days. In the event of the failure of the Consultant to remedy the same within said period, the Project Manager shall authorize the services to be procured from any available source, with the difference between the actual cost paid and the defaulting Consultant to be deducted from any monies due the defaulting Consultant or their surety.

2. In addition to those instances specifically referred to in other sections herein contained, the Town of North Beach shall have the right at its option to terminate the Contract under any one or more of the following:

A. If the Consultant becomes insolvent.

B. If the Consultant makes an assignment for the benefit of creditors pursuant to the statutes in such case made and provided without notification or approval from the Town of North Beach.

C. In the event a voluntary or involuntary petition in bankruptcy shall be filed by or against the Consultant.

D. In the event the Consultant fails to commence work in accordance with the specifications of this RFP.

E. In the event the Consultant shall abandon the work or any portion of the work to be performed under this contract before completion.

F. If the Consultant shall fail to fully, properly, and in a good and workman-like manner perform any or all the conditions, covenants, terms or conditions contained within the Contract Documents.

3.11

G. If the Consultant shall sublet, assign, convey, or otherwise dispose of his Contract or any portion thereof other than in accordance with the terms set forth within the Contract Documents.

H. If a receiver or receivers or any other person shall be appointed by court order to take charge or custody of the Consultant's property, financial affairs, or business.

I. If Town of North Beach shall be of the opinion that the Consultant is not or has not been performing the Contract in good faith and in accordance with the terms of the specifications.

OWNERSHIP OF DOCUMENTS

Any reports, specifications, or other documents prepared by the Consultant in the performance of its obligations under the resulting contract shall be the exclusive property of the Town of North Beach, and all such materials shall be surrendered to Town of North Beach upon completion, termination, or cancellation of this Contract. The Consultant shall not use, willingly allow, or cause such materials to be used for any other purpose than performance of all Consultant’s obligations under the resulting Contract without the prior written consent of the Town of North Beach. Documents and materials developed by the Consultant under the resulting contract shall be the property of the Town of North Beach; however, the Consultant may retain file copies, which cannot be used without prior written consent of the Town of North Beach. The Town of North Beach agrees that the Consultant shall not be liable for any damages, loss, or injury resulting from future use of the provided documents for other than the Project specified, when the Consultant is not the company of record.

INCURRING COSTS

The Town of North Beach shall not be liable for any costs incurred by the Consultant prior to the issuance of the Contract.

COMPLETENESS

All information required by this RFP shall be supplied to constitute a proper proposal. The Town of North Beach shall not be responsible for the premature opening of proposals if they are not properly addressed or identified.

COOPERATIVE PURCHASES

1. Acceptance of this bid is an agreement to extend the same prices, terms, and conditions to other governmental agencies, and public or quasi-public agencies that receive government funds that require these commodities or services.

2. All purchase and payment transactions shall be made directly between the Consultant and the requesting entity. The Town of North Beach assumes no obligation on behalf of any other public entity.

ARITHMETICAL ERRORS

Any errors in computations shall be corrected when the proposals are canvassed.

SOVEREIGN IMMUNITY

By entering into this Contract, Town of North Beach and its “employees,” as defined in the Local Government Tort Claims Act, §§5-301, et seq. of the Courts and Judicial Proceedings Article, do not waive sovereign immunity, do not waive: any defenses; any limitations of liability as may be provided for by law; or any provision of the Local Government Tort Claims Act.

3.12

THIRD PARTY BENEFICIARY

It is specifically agreed between the parties executing this Contract that it is not intended by any of the provisions of this Contract to create in the public or any member thereof, third party beneficiary status in connection with the performance of the obligations herein without the written consent of Town of North Beach and notwithstanding its concurrence in or approval of the award of any contract or subcontract or the solicitation thereof in fulfilling the obligations of the Contract.

NO INDIVIDUAL LIABILITY

No elected official, appointed official, employee, servant, agent, or law enforcement officer shall be held personally liable under this Contract and any extension or renewals thereof because of its enforcement or attempted enforcement provided they are acting within the course and scope of their employment or governmental duties and responsibilities.

SUFFICIENT APPROPRIATIONS

Town of North Beach's financial obligations, if any, under this Contract are contingent upon sufficient appropriations and authorization being made by Town of North Beach for the performance of this Contract. Town of North Beach's decision as to whether sufficient appropriations are available shall be accepted by the other party or parties to this Contract and shall be final.

SEVERABILITY

In the event any portion of this Contract is found to be unconstitutional, illegal, null, or void, by a court of competent jurisdiction, it is the intent of the Town of North Beach to sever only the invalid portion or provision, and that the remainder of the Contract shall be enforceable and valid, unless deletion of the invalid portion would defeat the clear purpose of the Contract, or unless deletion of the valid portion would produce a result inconsistent with the purpose and intent of the Town of North Beach in entering into this Contract.

PUBLICITY

Except without the prior written approval of the Board, the Consultant shall not release for publication any report, specification, cost estimate, or other material of any nature for which services are performed under the terms of this Contract.

4.1

SPECIFICATIONS

1. INTRODUCTION

The Town of North Beach is seeking proposals from qualified Consultants to assist with the design of stormwater green infrastructure practices and removal of impervious surfaces to reduce flood impacts from heavy precipitation events at Greenwood Avenue Alley and Bay Avenue Parking Lot in North Beach, Calvert County. Natural features may include step pool stormwater conveyance, permeable paving, conversative landscaping, cisterns, and tree plantings.

The specifications listed shall be interpreted as meaning the minimum required by the Town of North Beach. The Consultant shall commit to providing services that are consistent with these specifications in every regard unless an exception is clearly noted. The Town of North Beach may accept a proposal subject to an exception if, in the sole judgment of the Town of North Beach, the proposal meets or exceeds the specifications, which will be evaluated by subject matter experts. If the services offered do not meet or exceed the specifications because of the exception, the Town of North Beach shall consider the proposal non-responsive.

2. BACKGROUND

A. About North Beach, Maryland The Town of North Beach, nestled on the northernmost tip of Calvert County, Maryland, graces the western shore of the Chesapeake Bay with its quaint waterfront charm. While its proximity to the Bay enhances its natural beauty and appeal, it also places the town at the mercy of nature's forces. In recent years, tidal flooding and wave action have inflicted significant damage on waterfront structures, properties, and vital infrastructure, underscoring the area’s vulnerability to coastal storms.

The Town of North Beach is facing both tidal and storm water flooding which damages homes, vehicles, businesses and infrastructure. More frequent and intense rain events have led to greater stormwater flooding within the Town from localized rainfall as well as from the adjacent County jurisdiction. A Compound Flood Action Plan was completed in 2023 to address sea level rise and stormwater concerns, leading to seventeen recommendations to mitigate flood impacts in the Town. Stormwater practices at Bay Avenue Parking Lot and Greenwood Avenue Alley were recommended for short-term implementation.

3. SCOPE OF WORK

The Town of North Beach is seeking design proposals from qualified consultants to address and mitigate increasingly worse storm water flooding through the design of green infrastructure practices, which may include but are not limited to step pool stormwater conveyance, permeable paving, conservation landscaping, cisterns and tree plantings. Climate resilient features and native plants will be included within the design to ensure that the project can address changing rainfall intensities and patterns due to climate change. The design will also maximize ecological benefits to the greatest extent practical while providing water quality benefits. This project represents one piece of a larger comprehensive effort to address climate change impacts throughout the town via green, gray, and hybrid practices. The sites, once implemented, will serve as Resiliency through Restoration demonstration projects to showcase the upland impacts of climate change and inform similar projects equitably distributed throughout the Town of North Beach.

https://northbeachmd.sharepoint.com/NB%20File%20Share/Purchasing/CONTRACTS%20AND%20AGREEMENTS/FY25%20BIDS/2025-005%20RFP%20Northbeach%20Green%20Infrastructure%20Design/2023_03-03_Town%20of%20North%20Beach%20Compound%20Flood%20Action%20Plan.pdf

4.2

The Town of North Beach is committed to enhancing coastal resilience while balancing environmental stewardship and fiscal responsibility. Proposals will be evaluated based on experience, approach, and the ability to deliver a cost-effective and sustainable solution. Consultants are encouraged to demonstrate innovation and technical expertise in their proposals.

A. Objectives for Project

• Design green infrastructure practices with native plants to address current and future stormwater impacts on Town properties (Greenwood Avenue Alley and Bay Avenue parking lot) and improve water quality.

• Engage and educate local stakeholders about climate resiliency and stewardship of green infrastructure best management practices.

The Consultant shall complete the following tasks and provide specified deliverables:

1. Greenwood Avenue Alley Permit-Ready Design o Final design drawings and specifications for green infrastructure practices at Greenwood Avenue Alley o Applicable state, federal, and/or local permits required from regulatory agencies.

o Provide estimated annual reductions in nitrogen, phosphorus and sediment using

FieldDoc.

2. Bay Avenue Parking Lot Permit-Ready Design o Final design drawings and specifications for green infrastructure practices at Bay Avenue Parking Lot o Applicable state, federal, and/or local permits required from regulatory agencies.

o Provide estimated annual reductions in nitrogen, phosphorus and sediment using

FieldDoc.

3. North Beach Community Outreach & Engagement o Create communication materials to distribute to stakeholders to encourage dialogue about green infrastructure practices and climate resiliency.

o Outreach materials shall address the extent of flood/storm risk reduction expected from the project.

o Final Report shall include details on how Calvert County and the Town of North Beach will work together to address stormwater impacts.

4. Environmental Sustainability o Integration of environmentally sustainable practices to enhance ecological value.

5. Cost-Effectiveness o A comprehensive cost analysis, including initial construction, long-term maintenance, and lifecycle costs.

o Proposals should prioritize affordability without compromising on protection and sustainability standards.

6. Bid-Ready Documents o Complete set of biddable plans and specifications for contractors, ensuring clarity and feasibility for construction.

4.3 o Compliance with local, state, and federal regulations, including permitting requirements.

7. Stakeholder Engagement and Presentations o Clear communication and presentations to the town council and staff throughout the design process.

4. PROPOSAL SUBMITTALS – RESPONSE TO RFP

Technical and price proposals shall be prepared simply and economically, providing a straightforward, concise description of the Consultant’s ability to satisfy the requirements of this RFP. Promotional brochures containing general company information are not requested and shall not be included. Town of North Beach is seeking substance over quantity.

A. TECHNICAL PROPOSAL

1) Purpose The purpose of the Technical Proposal shall be to demonstrate the qualifications, competence, and capacity of the Consultant seeking to undertake the services for the Town of North Beach in conformity with the requirements of this RFP. As such, the substance of proposals shall carry more weight than their form or manner of presentation. The Technical Proposal shall demonstrate the qualifications of the Consultant and staff to be assigned to this Contract as well as qualifications of any subcontractors. No assumptions shall be made on the part of the Consultant as to the prior knowledge of a Consultant’s abilities.

It shall also specify an approach meeting the RFP requirements.

In accordance with page 1, no price information shall be included with the Technical Proposal submittal.

The Technical Proposal shall address all the points outlined in the RFP, excluding any cost information, which shall only be included with the Price Proposal submittal. The Technical Proposal shall be prepared simply and economically, providing a straightforward, concise description of the Consultant’s capabilities to satisfy the requirements of the RFP.

While additional data may be presented, the following subjects shall be included.

They represent the criteria against which the proposal shall be evaluated.

2) Each proposal shall contain the following information:

a. Transmittal Letter/Abstract

A brief…