EOI-06-2026 Specifications.pdf

REQUEST FOR EXPRESSIONS OF INTEREST

EOI NO. 06-2026

CONSTRUCTION INSPECTION, ENGINEERING & ADMINISTRATIVE

SERVICES

OPENING DATE: JULY 29, 2026 AT 11:00 A.M.

PRE-SUBMITTAL CONFERENCE: JUNE 11, 2026 AT 10:00 A.M.

BUYER: Michael V. Decker, CPPB

PHONE: 410-313-6375

EMAIL: mdecker@howardcountymd.gov

Office of Procurement & Contract Administration

6751 Columbia Gateway Drive, Suite 226, Columbia, MD 21046 https://www.howardcountymd.gov/Departments/County-Administration/Procurement-and-Contract-Administration

Formal EOI Solicitations and Submittal Results are available on our website.

https://www.howardcountymd.gov/Departments/County-Administration/Procurement-and-Contract-Administration

Expressions of Interest No. 06-2026

Howard County, Maryland Page 2 of 48 Office of Procurement Rev. 02.05.26

TABLE OF CONTENTS

PAGE

GENERAL CONDITIONS ........................................................................................................................................3-8

1. Project Scope

2. Agreement

3. Agreement Period

4. Method of Ordering

5. Project Description

6. Pre-Submittal Meeting

7. Questions and Inquiries

8. Technical Submittal

9. Form SF330

10. Insurance

11. Submission of Expressions of Interest

12. Evaluation of Expressions of Interest

13. Selection of Top-Ranked Firm

14. Cooperative Purchase

CONSULTANT SELECTION PROCEDURE (APPENDIX A)

CONSULTING SERVICES AGREEMENT (APPENDIX B)............................................................................... 10-44

AFFIDAVIT (APPENDIX C)

TECHNICAL SUBMITTAL SIGNATURE COVER PAGE (APPENDIX D)

EQUAL BUSINESS OPPORTUNITY PARTICIPATION (APPENDIX E) ......................................................... 47-48

VETERAN-OWNED BUSINESS ENTERPRISE PROGRAM FORM (APPENDIX F)

WAGE RATE REQUIREMENTS (APPENDIX G) .............................................................................................. 50-51

FOREIGN SERVICES DISCLOSURE FORM (APPENDIX H)

MINORITY BUSINESS ENTERPRISES are encouraged to respond to this solicitation. For more information, please contact Mr. Mahesh Sabnani, Equal Business Opportunity Coordinator, at 410-313-3694.

IMPORTANT NOTICE REGARDING ADDENDA

Addenda to solicitations often occur prior to bid opening.

It is the potential Consultant’s responsibility to visit the eProcurement website for updates to solicitations.

https://pbsystem.planetbids.com/portal/27996/portal-home https://pbsystem.planetbids.com/portal/27996/portal-home

Howard County, Maryland Page 3 of 48 Office of Procurement

CONSTRUCTION INSPECTION, ENGINEERING & ADMINISTRATIVE SERVICES ON-CALL

CONTRACT

GENERAL CONDITIONS

1. PROJECT SCOPE: The County intends to establish an on-call contract with a Consultant to provide engineering services on an as-needed basis. The County reserves the right to make one or more awards to the responsible Consultant(s) whose proposals represent the best value to the County. The assignment of work shall be at the sole discretion of the County. All Consultants shall waive any claim of any Consultants against the County for extra compensation or damages arising out of assignment of work by the County.

2. AGREEMENT:

2.1. The County and Consultant must execute an Agreement resulting from the award of this solicitation.

This process typically takes approximately three weeks from the date the successful Consultant is identified. In order to expedite this process, a sample Consultant Agreement is attached for review as part of this solicitation. Exceptions, if any, to the County’s Agreement (Appendix B) must be noted in the submission to be considered during evaluation. Exceptions to the County’s Agreement may result in rejection of the submission. The County will not accept any exceptions to the Agreement after the opening date and time of this solicitation.

2.2. Do not fill in or sign the sample Consultant Agreement attached as Appendix B. The County will prepare an Agreement specific to this solicitation for execution by the successful Consultant.

3. AGREEMENT PERIOD: The Agreement period shall be for one year commencing on or about February 1, 2027 after approval and proper execution of the Agreement documents, with a renewal option for 5 additional years in one-year increments, exercisable at the sole discretion of the County Purchasing Agent or Designee.

3.1. Prices and hourly rates shall be firm for one year from the effective date of the Agreement. Prices and hourly rate adjustments for each renewal period beyond the first contract year will be at the sole discretion of the County.

3.2. During each renewal period, the County will entertain requests for escalation in accordance with the current Consumer Price Index at the time of the request or up to a maximum 5% increase, whichever is lower. (For purposes of this section, “Consumer Price Index” shall be the Mid-Atlantic Consumer Price Index-All Urban Consumers (CPI-U), Baltimore-Columbia-Towson, MD, All Items, Not Seasonally Adjusted, as published by the United States Department of Labor, Bureau of Labor Statistics.) The County reserves the right to grant or deny the request for a price increase and will do so in writing. If the price increase is granted, the price increase will be effective upon written approval and will remain firm through the renewal period. All requests for rate and salary adjustments shall be accompanied by certified payrolls and/or audited overheads showing the actual salaries and expenses justifying the increase.

3.3. Requests for price adjustments shall be submitted to the Office of Procurement and Contract

Administration, 6751 Columbia Gateway Drive, Suite 226, Columbia, Maryland 21046 referencing this Expression of Interest number and the contract number and title.

4. METHOD OF ORDERING:

4.1. Purchase Orders (also referred to as task orders) will be issued from time to time for such tasks as may be required by the County. Purchase Orders issued against the Agreement, even if not completed within the term of the Agreement, shall continue to be bound by the terms and conditions until completion.

4.2. Small purchases may also be made by the County’s procurement card (currently Visa). The

Consultant agrees to accept the card for such quantities as may be required by the County.

Consultants are prohibited from charging additional fees over and above their bid prices to accept payments on procurement cards.

Howard County, Maryland Page 4 of 48 Office of Procurement

5. PROJECT DESCRIPTION: Howard County, Maryland (the “County”) desires to secure professional services to provide full-time and/or part-time construction inspection and related administrative and engineering field and office support services as necessary for various capital, developer, and Right-of-Way projects. These services are to be performed principally for the Construction Inspection Division (CID) of the Bureau of Engineering, Department of Public Works. The number of inspectors or support required at any one time will be determined by the County. The work efforts may include field inspection and report documentation, photographic documentation and videotaping, preparation of as-built drawings, construction management services and claims analysis, material testing and analysis & laboratory testing and analysis for soil and concrete; administration and engineering, forensics, technical drafting, construction details and technical specifications revisions, permit processing & billing, and emergency engineering and inspection services. Services to be provided shall be performed in a cost-effective manner and shall be in accordance with the Howard County Design Manual, all applicable codes, and local, State, and Federal design standards.

5.1. Typical Types of Construction: Water and Sewer Mains, Storm Water Management, Roads, Power

& Communications, Grading, Erosion and Sediment Control.

5.2. Field Inspection: Reporting and ensuring that all work is constructed in accordance with the contract documents and standards of Howard County and those of any State or Federal agency having jurisdiction.

5.3. Project Specific Needs Examples: Pump Station, Water Tanks (above and below ground), Recreation and Parks Facilities; Pipe Lining (Cured-in-Place Piping specifically), LEED Inspection and Certification Processing, Institute for Sustainable Infrastructure (ISI) Envision Inspection, Verification and Certification, Bridge Rehabilitation Inspection.

5.4. Processing Field Report(s) Electronically; Digital Photo & Video Recording.

5.5. As-Built Drawings with As-Constructed Certification where appropriate.

5.6. Construction Management Services & Contract Administration.

5.7. Professional Services: forensic investigation; geotechnical consultation on pavement or soil, structural design and inspection, architectural design and inspection.

5.8. Materials Inspection/Testing Services - Base Effort: concrete cylinder compression testing, asphalt core sampling/cutting and density testing.

5.9. Materials Inspection/Testing Services: Paint testing and weld inspection on elevated storage tanks and bridges.

5.10. Permit: review, enforcement, inspection, correspondence & billing.

5.11. During the course of the contract, the selected firm(s) will be required to:

5.11.1. Provide and wear safety clothing when in the field appropriate to the construction type.

5.11.2. Provide their own ID Cards for public meetings. These ID Cards must be a minimum size of 2 inches by 3.5 inches and have the person’s name prominently displayed.

5.11.3. Provide an annual report on the status of the use of Equal Business Opportunity firms to meet the requirements of the Equal Business Opportunity Program.

5.12. Provide information on quality control efforts of the firm to ensure that the products the firm provides are acceptable to the County.

5.13. Provide all equipment needed to complete assigned work, including transportation vehicles.

Howard County, Maryland Page 5 of 48 Office of Procurement

Note: The County may select the firm(s) based on their overall ability to provide the totality of services noted in the EOI or may select firms based on their ability to provide individual specialty services noted in the EOI.

6. PRE-SUBMITTAL MEETING: A pre-submission meeting will be held on June 11, 2026 at 10:00 A.M.

virtually, via WebEx, to brief prospective consultants on the scope of the project and provide an opportunity for questions. Please see PlanetBids for the meeting link. Contractor’s attendance is not required but is strongly encouraged. It is recommended that Contractors read the solicitation prior to attending the conference and bring a copy to the conference.

7. QUESTIONS AND INQUIRIES: Questions concerning this Expression of Interest must be submitted in the eProcurement system by the date and time specified. The Buyer in the Office of Procurement and Contract Administration is the sole point of contact for this solicitation.

8. TECHNICAL SUBMITTAL:

8.1. The Consultant’s technical understanding and approach to the project, including innovativeness and any special expertise or resources that the firm intends to use or other relevant information shall be submitted on no more than three (3) typewritten pages (minimum font size 11 point).

Photographic exhibits, charts and figures, if included, will count towards the page limit. The transmittal letter, which shall be limited to one page, shall not be used to circumvent or supplement the above limit. The transmittal letter will not be used in the evaluation. Failure to comply with the page limit may result in rejection of the Expression of Interest.

8.2. Consultants must complete and submit Appendix C & D with their submission. These forms will not count towards the page limit.

9. FORM SF330:

9.1. Interested firms are requested to submit a completed Standard Form 330 which is separate from and does not count towards the page limit of the technical submittal. If your firm does not have a blank SF330, the form may be obtained from the Office of Procurement and Contract Administration website at https://www.howardcountymd.gov/procurement-contract-administration under Current Solicitations Standard Form 330.

9.2. SF330 shall include, if applicable, all Howard County Government contract work currently in progress or completed in the last five years, in addition to other relevant contract work completed in the last five years.

9.3. SF330 shall indicate only the number of personnel by discipline the firm proposes to involve in the specific project. It shall identify all sub-consultants, including Equal Business Opportunity (EBO) Enterprises, which will participate in this project. Responses should only address the key personnel who will be specifically assigned to this project (including those of any joint ventures, Consultants, sub-consultants, EBO Enterprise, etc.) and shall include no more than 10 resumes. Each individual resume shall be limited to no more than one standard page. Responses shall list no more than 10 projects and shall include the name and telephone number of a person who may be contacted for references for each listed project and shall indicate which of the key personnel listed were involved on the specific projects listed and in what capacity. Responses shall identify a maximum of 10 projects, with priority given to projects that are similar to the specific project for which services are being procured.

9.4. The Consultant shall provide a separate Project Organizational Chart showing the personnel and their specific involvement/responsibilities in this effort. This chart will not count towards the page limit of the technical submittal. Elaborate brochures or voluminous samples of irrelevant past experience are not required or desired. During the course of the project, the Consultant may not change the key personnel who are listed without written authorization from the County.

https://www.howardcountymd.gov/procurement-contract-administration

Howard County, Maryland Page 6 of 48 Office of Procurement

9.5. The project manager shall be a registered professional engineer in the State of Maryland or a Certified Construction Manager and shall have a minimum of ten (10) years’ experience similar to that required for this project. Documentation of this experience shall be incorporated as part of the SF330 form.

10. INSURANCE:

10.1. If a contract is awarded, the successful Consultant will be required to indemnify and hold the County and its agents and/or employees harmless from and against all liability and expenses, including attorney’s fees, howsoever arising or incurred, alleging damage to property including environmental damage, or injury to, or death of any person arising or attributable to the Consultant or any if its sub-consultant’s performance of the contract awarded.

10.2. The Consultant shall purchase and maintain during the term of the contract, including any renewals thereof, such policies of insurance acceptable to the County as will protect the Consultant and the County from claims or losses, regardless of whether such claims or losses result from the Consultant’s actions or omissions or those of a sub-consultant or those of anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The following coverage is mandatory but may not be all inclusive, based on the parameters of the proposal:

10.2.1. Workers' Compensation Insurance with limits of coverage as follows:

10.2.1.1. Coverage A: Statutory, covering Maryland jurisdiction.

10.2.1.2. Coverage B: $100,000

10.2.2. Automobile Liability Insurance with limits of liability of at least $1,000,000 combined single limit per occurrence. Coverage for non-owned and hired vehicles shall be included.

If hazardous materials are transported, insurance shall comply with applicable law relating to such transport.

10.2.3. Commercial General Liability Insurance with combined single limits of $1,000,000 per occurrence, naming “Howard County, Maryland, its officials, employees, agents and volunteers” as Certificate Holder and as Additional Insured. Unless deemed unnecessary by the County, the policy shall contain, but not be limited to, the following coverage endorsements:

10.2.3.1. Contractual Liability, including Sub-Consultants

10.2.3.2. Personal and Advertising Injury

10.2.3.3. Products and Completed Operations

10.2.3.4. Explosion, Collapse and Underground Hazards (XCU), required if such exposure exists due to the nature of the work to be performed.

10.2.4. Professional Liability/Errors and Omissions insurance to the Consultant’s profession with policy limits of at least $1,000,000 per claim. Consultant shall continue to maintain such insurance, covering incidents occurring or claims made, for a period of three years after substantial completion of the project.

10.3. If any of the insurance policies required to fulfill the requirements of the work are written on a claims-made basis, Consultant shall continue to maintain such insurance, covering incidents occurring or claims made, for a period of three years after substantial completion of the project.

10.4. All policies of insurance shall be underwritten by companies licensed to do business in the State of

Maryland.

10.5. The Consultant shall ensure that all sub-consultants performing services in accordance with this EOI carry identical insurance coverage required of the contract, either individually or as an Additional Insured on the policies of the Consultant. Exceptions may be made only with the approval of the

Howard County, Maryland Page 7 of 48 Office of Procurement

County. Consultant shall indemnify the County for any uninsured losses relating to the contractual services involving sub-consultants, including workers’ compensation claims.

10.6. The Consultant shall not commence work under the contract until evidence of all required coverage is received by the County. Further, the Consultant shall continue to provide the County with evidence of policy renewals until the completion of the contract and shall not reduce or cancel or change any of the required coverage without 30 days’ notice of such change to the County.

10.7. The Consultant will not hold the County liable for any injuries to the employees, servants, agents, sub-consultants or assignees of the contract arising out of or during the course of services relating to the agreement.

10.8. The providing of any insurance required herein does not relieve the Consultant of any of the responsibilities or obligations assumed by the Consultant in the contract awarded of for which the Consultant may be liable by law or otherwise.

10.9. The Consultant shall provide the County with Certificates of Insurance within ten days of award notification, naming “Howard County, Maryland, its officials, employees, agents and volunteers” as Certificate Holder and as Additional Insured on the certificate. Failure to provide the certificates as required shall result in rejection of award by the County. Such certificates shall provide that the County be given at least 30 days prior written notice of any cancellation of, intention to not renew, or material change in such coverage. Failure to maintain such insurance as required above shall be deemed as a material breach of the contract and shall operate as an immediate termination thereof.

11. SUBMISSION OF EXPRESSIONS OF INTEREST:

11.1. All Expressions of Interest shall be submitted via PlanetBids to the Office of Procurement and Contract Administration.

11.2. All firms will be notified of the status of their Expression of Interest. Please do not call the County.

12. EVALUATION OF EXPRESSIONS OF INTEREST:

12.1. Evaluation of Expressions of Interest and subsequent award of the contract shall be made according to the conditions, stipulations, and provisions of the Howard County Code, the Howard County Purchasing Manual and the Qualifications Based Selection (QBS) process. The technical evaluations of the submittals will be made based on the criteria listed in Appendix A, rating the firm’s experience, project management ability, approach to the project, understanding of the work effort and qualifications of personnel to be assigned to the project.

12.2. In accordance with Howard County Code Sec. 4.117 (a) (4), the quality of performance of previous contracts or services shall be considered in the evaluation. Quality of performance may be determined through contracts or services provided to the County or to other entities. Quality of performance to other entities will be determined from reference checks when references are required. The determination of quality performance includes the Consultant’s history of reasonable and cooperative behavior and commitment to customer satisfaction and the Consultant’s businesslike concern for the interests of the customer. The County reserves the right to reject any bid deemed not responsible or non-responsive.

13. SELECTION OF TOP-RANKED FIRM:

13.1. After evaluation of the Expressions of Interest, the firms will be ranked by a selection committee.

A minimum of three top-ranked firms will be interviewed. The selection of the top ranked firm(s) will be based on this interview.

13.2. Upon completion of the interview evaluation, the top ranked firm(s) may be requested to submit a technical proposal. The County will then undertake negotiations with that firm. Should the County be unable to negotiate a satisfactory agreement with that firm, negotiations shall be formally

Howard County, Maryland Page 8 of 48 Office of Procurement terminated. The County shall then undertake negotiations with the second top-ranked firm, and so forth.

13.2.1. The County will utilize its standard QBS consulting services agreement, attached as

Appendix B.

13.2.2. The County expects firms to utilize competitive overhead and labor rates. The Department of Public Works has instituted a ceiling multiplier of 2.8 times the hourly rate, inclusive of a maximum profit of 10%. This is not a proffered rate, but a ceiling, with Howard County committed to achieving cost-effective methods and services. At the time of the negotiations, the consulting firm shall submit a certified payroll and a current audited overhead rate.

IMPORTANT: Please note the page limit in GC 9.1, Technical Submittal. Failure to comply with page limit may result in rejection of your submittal.

14. COOPERATIVE PURCHASE:

14.1. The County reserves the right to extend all of the terms, conditions, specifications, and unit or other prices of any Agreement resulting from this solicitation to any and all public bodies, subdivisions, school districts, community colleges, colleges, and universities including non-public schools. This is conditioned upon mutual agreement of all parties pursuant to special requirements, which may be appended thereto. The Consultant agrees to notify the issuing body of those entities that wish to use any Agreement resulting from this solicitation and will also provide usage information, which may be requested.

14.2. The County assumes no authority, liability or obligation, on behalf of any other public or non-public entity that may use any Agreement resulting from this solicitation. All purchases and payment transactions will be made directly between the Consultant and the requesting entity. Any exceptions to this requirement must be specifically noted in the bid response.

Howard County, Maryland Page 9 of 48 Office of Procurement

APPENDIX A

CONSULTANT SELECTION PROCEDURE

1. Experience: Background experience of Consultant within the specialty under review. Evaluation shall reflect the amount of work Consultant has done, the complexity of such work, and relevance of the work to the project tasks under review.

5 Superior 4 Excellent 3 Good 2 Average 1 Below Average

2. Diversity: Ability of Consultant to provide the disciplines related to the specific work effort:

5 All 4 75% 3 50% 2 35% 1 Specialty Only

3. Consultant’s approach to project, including innovativeness:

3 Average 2 Below Average 1 Poor

4. Consultant’s understanding of the work effort and of similar projects:

3 Good 2 Average 1 Below Average

5. Qualifications of cost-effective personnel to be assigned to the project:

5 Very qualified - has worked on many similar projects 4 Qualified - has worked on similar projects 3 Qualified - has worked within discipline 2 Qualifications vague - may be able to complete work 1 Qualifications questionable

Note : Cost-effectiveness should be a key consideration when evaluating personnel. The majority of required tasks involve field inspections and assigning staff at Professional Engineer or Construction Manager pay rates to perform these duties is not cost-efficient and may be a disadvantage.

Howard County, Maryland Page 10 of 48 Office of Procurement

APPENDIX B

SAMPLE AGREEMENT

BY AND BETWEEN

HOWARD COUNTY, MARYLAND

AND

[NAME OF FIRM]

ARTICLE 1. PARTIES

This Agreement is made and entered into by and between HOWARD COUNTY, MARYLAND, a body corporate and politic, hereinafter referred to as the “County,” and the firm of [NAME AND ADDRESS OF CONTRACTOR – ALL CAPS AND BOLD], hereinafter referred to as “Consultant” as a result of Expression of Interest No. 06-2026.

ARTICLE 2. DOCUMENTS

The documents constituting the Agreement between the County and Consultant shall consist of this Agreement and the following exhibits:

A. Scope of Work attached hereto as Exhibit A.

B. Schedule of Prices attached hereto as Exhibit B.

C. Related information attached as Exhibit C.

D. Solicitation as issued, attached as Exhibit D.

ARTICLE 3. WORK EFFORT [AND TERM OF AGREEMENT] ADD THIS TO HEADING AND ITEM F

FOR REQUIREMENTS CONTRACT.

A. Consultant hereby agrees to undertake the work efforts generally and specifically defined within Exhibit A, and to adhere to, comply with and respond to all performance requirements, conditions, restrictions and provisions stated therein.

B. Consultant, in consideration of the fee specified hereinafter, covenants and agrees to perform, in connection with this Project, with the assistance of competent registered professional staff, and/or sub-consultants, the professional services detailed in one or more of the following major phases of the Agreement described hereinafter and in the Contract Documents.

C. All professional services are to be performed in accordance with generally accepted professional practices and in accordance with all applicable laws and regulations, including but not limited to, the latest Howard County criteria, Howard County Design Manuals, BOCA Code, Plumbing Code and Electrical Code as well as the criteria of all other Federal, State and local agencies that may have jurisdiction.

D. Consultant acknowledges the importance to the County of the County’s project schedule. Where applicable, the project schedule is included in Exhibit A. The Consultant agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.

E. Where applicable, the Services to be provided by Consultant shall be performed in the phases described in Exhibit A and shall include, but not be limited to all other services required in accordance with generally accepted practices consistent with the terms of this Agreement, and specifically identified and described in the Contract Documents.

F. This Agreement represents a requirements type contract and shall be effective when executed by the

County and shall continue through [], at which time the County may exercise its option to renew.]

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The County reserves the right to renew this Agreement for five additional years on the same terms and conditions set forth herein. Unless set forth in a written amendment, the compensation and manner of payment set forth herein shall remain as is. In the event any renewal changes the terms and conditions set forth herein, the approval of the Howard County Council may be required.

ARTICLE 4. SCHEDULE

A. Consultant shall commence work within seven (7) days upon receipt of written notice to proceed and a Purchase Order from the County, such notice being contingent upon the execution of this Agreement by the County and Consultant. The work shall be completed in an expeditious manner and in such sequence as agreed upon between the Consultant and the County and as set forth in the Project Schedule. Time is of the essence of this and all other obligations of Consultant under the Agreement. If there is a conflict between the provisions set forth in the Purchase Order Terms and Conditions and/or the General Conditions of the solicitation and/or this Agreement, the terms and conditions set forth in the Agreement shall govern.

B. If the County determines that Consultant is behind schedule, Consultant shall expedite and accelerate its efforts, including providing additional staff and/or overtime, to maintain the Project Schedule, all at no additional cost to the County. In the event that such acceleration is necessary, Consultant shall provide to the County any such verification the County requires in order to allow the County to determine that such accelerated effort is in fact being performed.

C. Except when circumstances beyond the control of Consultant and concurred in writing by the

County shall warrant alteration, adjustment or deviation from the Schedule, the following circumstances shall constitute a sufficient basis for the issuance of a Termination Notice in accordance with Article 10 of this Agreement:

1. Failure to meet or maintain the Project Schedule;

2. Failure to maintain the scheduled level of effort as proposed and prescribed; and/or

3. Deviation from the Project Schedule without prior approval of the County.

If Consultant fails to meet or to maintain the Project Schedule, and the County does not terminate, any such forbearance by the County shall not waive its rights to terminate at any time in accordance with this subparagraph or any other provision of this Agreement.

Consultant shall indemnify and hold harmless the County from claims or damages incurred by the County by reason of Consultant’s failure to meet or to maintain the Project Schedule.

ARTICLE 5. PERSONNEL AND SUB-CONSULTANTS

Unless otherwise required by the EOI, all key Personnel and Sub-Consultants listed in response to the RFP shall not be changed, except with prior written approval of the County. Consultant must submit to the County’s Project Manager a list of all proposed additional Consultants and may not retain any without the prior written approval of the County. Consultant shall utilize the personnel and Sub-consultants listed. All personnel and Sub-consultants shall be and remain satisfactory to the County and shall not be changed without prior written consent of the County unless personnel cease to be in Consultant’s employ in which case substitutes must be provided and must be acceptable to the County.

Consultant represents that all necessary personnel required to perform the services under this Agreement are not employees of and do not have any contractual relationship with agencies providing funds for the project.

ARTICLE 6. DEVIATIONS FROM THE DESIGN MANUAL

Any deviations from the standards or criteria established in the Howard County Design Manual which Consultant believes to be necessary for the completion of the design must be listed in a letter to the Project Manager, either submitted separately or submitted with the drawings and specifications. The deviations are to be clearly identified with reasons why they are necessary. Approval of the deviations will be by return letter from the

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Bureau of Engineering signed by the Bureau Chief.

ARTICLE 7. COST ESTIMATES AND DESIGN REVISIONS

Unless otherwise required in the RFP, Consultant, based upon approved design documents, shall prepare for approval by the County an estimate of construction cost. The estimate shall be the most reasonable estimate possible and shall be broken down to show for each building, structure or bid items, quantity and unit costs. If the project budget is exceeded by the lowest bona fide bid or negotiated proposal, the County may cooperate in revising the project scope and quality as required to reduce the construction cost. Where applicable, Consultant without additional charge shall modify the contract documents as necessary to comply with the project budget. This article shall be the limit of Consultant’s responsibility by reason of the project budget.

ARTICLE 8. CLAIMS AND DISPUTES

A claim is a demand or assertion by Consultant seeking adjustment or interpretation of the terms of this Agreement, payment of money, extension of time or other relief with respect to the terms of this Agreement.

“Claim” also includes other disputes and matters in question between Consultant and the County arising out of or relating to this Agreement. Claims must be made by written notice and shall be made by Consultant promptly after the occurrence of the event giving rise to the claim, but in no event later than 21 days after such occurrence or within 21 days after Consultant first recognizes the condition giving rise to the claim, whichever is later. Supporting data shall be provided with the notice of a claim. As to any supporting data that is not available at the time of the notice, Consultant shall provide with the notice its best estimate of the total cost of the claim and further supporting data shall be provided as soon as it becomes available. Consultant shall certify that the claim is made in good faith, that the supporting data is accurate and complete to the best of its knowledge and belief, and that the amount requested accurately reflects the contract adjustment for which Consultant believes the County is liable. All provisions of this paragraph are conditions precedent to any claim and all provisions must be satisfied otherwise the claim shall not be valid. Any additional claim made after the initial claim has been implemented by change order or amendment to this Agreement shall not be considered. No claim by Consultant shall be allowed if demanded or asserted after final payment under this Agreement.

Pending final resolution of the Claim, including litigation, unless otherwise agreed in writing, Consultant shall proceed diligently with the performance of its services under this Agreement and the County shall continue to make payments in accordance with the terms of this Agreement.

Prior to the institution of any litigation by Consultant, and as an express condition precedent thereto, the parties shall attempt to resolve the dispute by agreement between Consultant and the County and any dispute which is not so disposed of by Agreement shall be decided by the Director of the Department of Public Works, or his/her designee who shall reduce his/her decision to writing and mail or otherwise furnish a copy thereof to Consultant. At the sole option of the County, the Appeal to the Director may be designated in writing to the Consultant as a final arbitration proceeding or otherwise as a proceeding under Md. Code Article 25A, §1A “Determination by County Officer Subject to Court Review”. In this event, a formal hearing shall be held before the Director or his designee and the Consultant shall have the right to call witnesses and submit documents or other evidence as well as such other rights as are provided in the Howard County Administrative Procedure Act. Either party may appeal the decision of the Director of the Department of Public Works to the appropriate Howard County Court as designated herein. No such appeal or litigation shall be instituted later than 30 days after the date of receipt of the Director’s decision. Failure to institute such proceedings within such 30 day period shall result in the Director’s decision becoming final and binding upon Consultant and the County.

Any controversy, dispute or claim arising out of, touching upon, or related to this Agreement or the breach thereof shall be resolved in the Circuit Court (or District Court) for Howard County, Maryland and the parties hereby consent to and agree to the jurisdiction of that Court as the exclusive forum for the resolution of such controversies, disputes or claims. Provided, however, in the event the presence of third parties is required for the complete resolution of the dispute, and the Howard County courts do not have jurisdiction over such third parties, then the County, at its sole option, may elect to have the dispute resolved in any court of appropriate jurisdiction.

At the County’s option, Consultant may be joined in any jurisdiction as a party to any dispute initiated by any Third Party.

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All references in this Agreement to the Director of the Department of Public Works shall be deemed to include the Director or his/her designee.

Any failure of the Consultant to give any notice, to provide supporting data or claim certification, or to file any appeal within the times set forth in this Agreement, shall forever bar and waive the claim regardless of whether the County incurred or demonstrates any prejudice resulting from the Consultant’s failure to meet the time limits set forth in this Agreement.

ARTICLE 9. NOTICES

Any notice required by this Agreement to either party by the other shall be in writing and deemed given when delivered personally or when deposited in the United States Post Office, first class, postage prepaid, addressed as follows:

As to the County:

As to the Consultant:

or to such other address as shall be duly given by notice meeting the requirement of this Article.

ARTICLE 10. TERMINATION

Upon written notice to Consultant, the County may terminate the performance of work under this Agreement, in whole or part, in accordance with the following criteria:

A. For Default:

Whenever Consultant shall default in performance of the terms of this Agreement and shall fail to cure such default within a period of ten days (or such longer period as the County may allow) after receipt from the County of a notice specifying the default. Consultant shall not be entitled to further payment until the work required under this Agreement is completed. Consultant shall pay to the County any incidental or consequential costs or damages incurred by the County, together with any completion costs incurred by the County in excess of what would otherwise have been payable under this Agreement.

B. For Convenience:

Whenever for any reason the County shall determine that such termination is in the best interest of the County. Any such termination shall be effected by delivery to the Consultant of a Notice of Termination specifying the basis for the termination, the extent to which performance of work is terminated and the effective date of such termination. In the event of termination for convenience under this provision, Consultant shall be entitled to receive compensation for the portion of its fee earned up to the date of termination and all substantiated expenses reimbursable under this Agreement, if any, as of the date of termination. No other or additional sums, whether for lost profits, overhead, consequential damages, or any other damages or claims whether in contract or in tort, shall be payable by the County.

C. If after termination of this Agreement or any part thereof for default under “A” above it is determined that Consultant was not in default pursuant to “A,” or that Consultant’s failure to perform satisfactorily is due to causes beyond the control and without fault or negligence on the part of Consultant, the Notice of Termination shall be deemed to have been issued under “B” above, and the rights and obligations of the parties shall be governed and resolved accordingly.

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D. Upon receipt of a Notice of Termination and except as otherwise directed by the County, Consultant shall: (1) stop work under the Agreement on the date and to the extent specified in the Notice of Termination; (2) take all necessary or appropriate steps to limit disbursements and minimize costs;

and (3) furnish a report, as of the date or receipt of notice of suspension or termination, of the status of all activities conducted under the terms of this Agreement, including the work effort, funds, results accomplished, conclusions resulting there from and such other matters as the County may require.

E. In the event of termination under this Article, Consultant consents to the County’s selection of another Consultant of the County’s choice to assist the County in any way in completing the Project.

Consultant further agrees to cooperate and provide any information requested by the County in connection with the completion of the Project including assignment of any contract rights the County may require. Consultant consents to and authorizes the making of any reasonable changes to the design of the Project by the County and such other Consultant as the County may desire.

Except for the status report required in (D) above, any services provided by Consultant which are requested by the County after termination shall be fairly compensated by the County in accordance with the Rate Schedule set forth in the Contract Documents (“Rate Schedule”).

F. Notwithstanding the provisions of this Article, Consultant shall not be relieved of liability to the

County for damages sustained by the County by virtue of any breach of this Contract by Consultant and the County may withhold any payments to Consultant for the purpose of set-off until such time as the exact amount of damages due to the County from Consultant is determined.

ARTICLE 11. RECORDS AND AUDIT

A. Consultant and its sub-consultants or subcontractors shall maintain books, records, documents and other evidence directly pertinent to costs, estimates and performance under this Agreement and any Federal, State or local rule or regulation, in accordance with accepted professional practice, appropriate accounting procedures and practices. The County, or any of its duly authorized representatives, shall have access to such books, records, documents and other evidence for the purpose of inspection, audit and copying. Consultant will provide proper facilities for such access and inspection.

B. Audits conducted pursuant to this Article shall be in accordance with generally accepted auditing standards and established procedures and guidelines of the American Institute of Certified Public Accountants. Consultant agrees to the disclosure of all information and reports resulting from access to records pursuant to paragraph (A) above. Where the audit concerns Consultant, the auditing agency shall afford Consultant an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. The final audit report will include the pertinent written comments, if any, of the audited parties.

C. Records under paragraph (A) above shall be maintained and made available during performance under this Agreement and until three (3) years from the date of final completion of the Project. In addition, those records that relate to any dispute or litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken shall be maintained and made available until three (3) years after the date of resolution of such dispute, litigation, claim or exception.

D. The Consultant shall include the provisions of this Article in every sub-consultant contract or subcontract for the Work.

E. If Consultant or his subcontractors or sub-consultants fail to retain for the period of time required by this Article the documents referenced herein, Consultant herein shall be entitled to no damages, compensation or equitable adjustments (including time extensions) for any claims based on information available from, or which may be verified by, documents that have not been retained.

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ARTICLE 12. DEFECTIVE WORK

Neither the performance of services by the Consultant nor County acceptance of required reports shall relieve Consultant from the obligation to correct any defective work, whether previously or subsequently noted, and all defective work shall be remedied by Consultant on demand and at no cost to the County. Defective work includes, but is not limited to, such matters as erroneous or missing tabulations, drawings, contract documents, incomplete surveys, maps, or reports and incorrectly assembled reports, publications, etc. which is caused by error or omission. The County may withhold a reasonable amount from funds otherwise due Consultant on account of incomplete or defective work until such defective or incomplete work is cured.

ARTICLE 13. CHANGES OR ADDITIONAL SERVICES

The County may, from time to time, require changes in the scope of the services of Consultant to be performed hereunder. Such authorized changes or additional services, including any increase or decrease in the amount of the compensation to the Consultant, shall be incorporated in written change orders to the purchase order to this agreement and payment or adjustment effected as set forth in Article 25 of this Agreement. No such work shall proceed until Consultant receives an executed Change Order from the County.

ARTICLE 14. WAIVERS

The failure of the parties to enforce, at any time, the provisions of this Agreement or to exercise any option which may be provided herein shall in no way be construed to be a waiver of such provisions nor in any way to affect the validity of this Agreement or any part thereof or the right of the parties to enforce thereafter each and every provision.

ARTICLE 15. COUNTY FURNISHED DATA

Where existing information, data, reports, records, and maps as are existing and identified by Consultant, available to the County without significant cost, and necessary for the carrying out of the work, the County shall furnish such data to Consultant without charge.

The County shall provide no clerical assistance to Consultant for this Project and County personnel shall not be asked to undertake surveys, analyses, tabulations, summaries, etc., of Consultant-produced data or documentation. However, County employees may participate in Consultant-conducted surveys as questionnaire recipients or survey groups for the purpose of providing information and opinions.

ARTICLE 16. MEETINGS

Throughout all phases of the Project, Consultant and its sub-consultants must meet periodically with the County Project Manager when reasonably requested. Attendees shall be as determined by the County Project Manager. When requested by the County Project Manager or the Director, selected Consultant personnel shall attend meetings, conferences and presentations with County staff, public agencies, private organizations and others concerned with this project. Consultant shall take and transcribe minutes of all project meetings and provide them to the County within 10 days of such meeting(s).

ARTICLE 17. PAYMENT

The Consultant hereby agrees to undertake the project for the fee and/or the unit prices set forth in Exhibit B attached hereto and any additional sums added by approved change order. Payment shall be in proportion to the services performed so that the compensation at the completion and issuance of written approval of each phase of the work shall not exceed the amounts set forth in Exhibit B.

County-directed adjustments in direction or emphasis of the work effort will not be considered as adequate justification for cost renegotiation, provided such adjustments do not constitute a change in the general scope of the Project.

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Payments for Additional Services of Consultant as described under Article 25 shall be made monthly upon presentation of Consultant’s statement of services, fully supported by invoices, time records, and other documentation as requested by the County. The fee for such Additional Service shall be so identified on the Consultant’s invoice or statement.

OPTION A:

In no event shall the total compensation paid to the Contractor under this Agreement exceed the sum of __________________ Dollars ($__________) during the entire term of this Agreement.

(FOR REQUIREMENTS CONTRACT’S ONLY):

Prices shall be firm for one year from the effective date of the Agreement. Salary and rate adjustments for each renewal period beyond the first year’s contract will be at the sole discretion of the County. During each renewal period, the County will entertain requests for escalation in accordance with the current Consumer Price Index at the time of the request or up to a maximum 5% increase on the current pricing, whichever is lower. (For purposes of this section, “Consumer Price Index” shall mean the Mid-Atlantic Consumer Price Index-All Urban Consumers (CPI-U), Baltimore-Columbia-Towson, MD, All Items, Not Seasonally Adjusted, as published by the United States Department of Labor, Bureau of Labor Statistics.) The County reserves the right to grant or deny the request for a price increase and will do so in writing. If the price increase is granted, the price increase will be effective upon written approval and will remain firm through the renewal period. All requests for rate and salary adjustments shall be accompanied by certified payrolls and/or audited overheads showing the actual salaries and expenses justifying the increase. Requests for price adjustments shall be submitted to the Office of Procurement and Contract Administration, 6751 Columbia Gateway Drive, Suite 226, Columbia, MD 21046 referencing this Expression of Interest number and the contract number and title.

All labor rates shall be fixed for a period of two (2) years from the date of Purchase Orders, or six

(6) months beyond the applicable completion date set forth in the Project Schedule, whichever is later. Where the Project is extended beyond such date, Consultant shall be entitled to an increase in fee.