Municipal_Stormwater_Permit_Design_and_Consulting_Services_(Addendum_#1_Revision).pdf

26-009

MUNICIPAL STORMWATER PERMIT DESIGN AND

CONSULTING SERVICES

Charles County Government

200 Baltimore Street

La Plata, MD 20646

RELEASE DATE: July 23, 2025

RESPONSE DEADLINE: August 27, 2025, 11:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/charlescountymd

Municipal Stormwater Permit Design and Consulting Services

I. INTRODUCTION

II. PROPOSAL INSTRUCTIONS

III. TECHNICAL PROPOSAL SUBMISSION CONTENT

IV. ORIGINAL PROPOSAL SUBMISSION CONTENT

V. PROPOSAL EVALUATION PANEL AND CRITERIA

VI. AWARD AND CONTRACT FORMATION

VII. GENERAL PROVISIONS

VIII. SPECIAL PROVISIONS

IX. PROPOSAL ITEM DESCRIPTIONS

X. PROPOSAL SUBMITTALS

XI. COST PROPOSAL FORM

XII. INSURANCE

Attachments:

A - Sample Contract - Term & Renewals Specified

Title: Municipal Stormwater Permit Design and Consulting Services #26-009

1. INTRODUCTION

1.1. Summary

The Commissioners of Charles County are seeking proposals from multi-disciplined firms to provide professional services for stormwater related engineering, planning, monitoring, asset management, and inspection tasks.

1.2. Contact Information

The Purchasing Representative identified below is the SOLE POINT OF CONTACT at Charles County Government for this procurement. All communication between the Offeror and Charles County Government shall be with the Purchasing

Representative until a fully executed contract is delivered to the Contractor. Offerors or any of their authorized representatives may not initiate contact with Charles County Government or County Consultants other than the Contact identified below, for any reason during the bidding process or prior to full contact execution. Any communication outside this process may result in disqualification.

Shanna Reese Chief of Purchasing 200 Baltimore Street N/A La Plata, MD 20646 Email: reeses@charlescountymd.gov Phone: (301) 645-0656

Department:

PGM - Planning

1.3. Timeline

NOTE: Times and dates are subject to change due to extenuating circumstances, including inclement weather. Offerors may obtain

County operating status by calling 301-645-0600 (meeting times cannot be verified at this number) or by referring to County operations status updates on the Charles County Government website at http://www.CharlesCountyMD.gov.

Release Project Date July 23, 2025

Pre-Proposal Meeting Registration

Deadline

August 4, 2025, 8:00am

Firms must register in advance to attend the pre-proposal meeting via the County's eProcurement

Portal RSVP Manager.

Pre-proposal meeting will occur virtually/teleconference, unless otherwise specified.

Firms that have registered timely will receive participation instructions.

If multiple attendees from your firm will be attending the meeting, please have each individual complete the eProcurement Portal RSVP Manager process.

mailto:reeses@charlescountymd.gov tel:(301)645-0656 http://www.charlescountymd.gov/

Pre-Proposal Meeting (Non-Mandatory) August 4, 2025, 2:00pm

Pre-proposal meeting will occur virtually/teleconference, unless otherwise specified.

Firms that register timely and via the County's eProcurement Portal RSVP Manager will receive participation instructions.

The attendance roster will be published on the

County's eProcurement Portal.

Question Submission Deadline August 13, 2025, 8:00am

Questions shall be submitted via the eProcurement

Portal Question & Answer feature prior to the due date and time specified. The County will not provide responses to questions received after the deadline.

Proposal Submission Deadline August 27, 2025, 11:00am

2. PROPOSAL INSTRUCTIONS

2.1. Proposal Submission Conditions

Charles County Government is accepting electronic proposal submissions. Offerors shall create a FREE account with OpenGov

Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, click on

"Draft Response" and follow the instructions to submit the electronic proposal via the County's eProcurement Portal.

Proposals shall be submitted by the date and time specified. Late proposals will not be accepted. Submission, modification, or withdrawal of proposals after the due date/time will not be considered.

It is the Offerors’ sole responsibility to ensure that proposals are delivered via County's eProcurement Portal. Offerors shall give yourself adequate time to submit a response. Any technical difficulties or uncertainty with the submittal process will not be cause for accepting a response that was not submitted timely. The County is only accepting electronic submittals. Delivery methods by courier, in-person hand delivered, United States Postal Service, United Parcel Service or Federal Express, and other methods of delivery shall not be accepted. Any proposals not received timely will not be considered.

Proposals shall be valid and irrevocable for a minimum of one hundred twenty (120) days from the due date. An Offeror may submit only (1) proposal in response to this RFP. Offerors shall monitor the County's eProcurement Portal for schedule changes issued via addendum.

2.2. Solicitation Events

A. Pre-Proposal Meeting Registration Deadline: Refer to the Timeline section for date, time, location, participation and registration requirements. Pre-proposal meeting will occur virtually/teleconference, unless otherwise specified. Firms that have registered timely will receive participation instructions.

B. Pre-Proposal Meeting: Pre-proposal meeting will occur virtually/teleconference, unless otherwise specified. Firms that registered timely will receive participation instructions. Refer to the Timeline section for date, time, and location, participation, and registration requirements. The attendance roster will be published on the County's eProcurement

Portal.

C. Last Day for Questions: The County will not provide responses to questions received after the deadline to submit questions specified in the Timeline section.

D. Proposal Submission Deadline: Refer to the Timeline section for the date and time proposals must be received by.

Offerors must have an account or create a FREE account with OpenGov Procurement to submit a proposal.

2.3. Offeror Certification of Acceptance

By submitting a proposal in response to this RFP, the Offeror certifies their acceptance of all terms and conditions set forth within this document, which will be made a part of the final contract documentation. All work, if any, shown on the contract drawings, specifications, and reports referenced in the RFP or any Appendices is made part of this solicitation package.

2.4. Incurring Costs

The County is not liable for any costs incurred by the Offeror prior to full execution of the contract.

2.5. Additions/Modifications to Solicitation Forms

Modifications of or additions to the Cost Proposal Form or any other County form may be cause for rejection of the proposal, however, the County reserves the right to decide, on a case by case basis, in its sole discretion, whether or not to reject such a proposal as nonresponsive. As a precondition to proposal acceptance, the County may, in its sole discretion, request that the Offeror withdraw or modify any such modifications or additions which do not affect quality, quantity, price, or delivery.

2.6. Alternate Offers

Offerors must bid only one (1) product and one (1) price per proposal item even though they feel they can offer more than one item that will meet the specifications. Offeror must determine for themselves which to offer. If an Offeror submits more than one (1) product and/or more than one (1) price for a given proposal item or items, it may be cause for the proposal items or items being bid upon to be considered non-responsive and rejected.

https://procurement.opengov.com/signup https://procurement.opengov.com/portal/charlescountymd/projects/183022 https://procurement.opengov.com/portal/charlescountymd/projects/183022 https://procurement.opengov.com/portal/charlescountymd/projects/183022 https://procurement.opengov.com/portal/charlescountymd/projects/183022 https://procurement.opengov.com/portal/charlescountymd https://procurement.opengov.com/portal/charlescountymd/projects/183022/document?section=1686256

2.7. "Or Equal" Interpretations

Identification of an item by manufacturer’s name, trade name, catalog number, or reference is intended to be description but not restrictive in that it is used for the purpose of describing the type, style, quality, performance and minimum specifications of the product desired, and shall not be interpreted to mean the only acceptable product. Proposals on other makes and/or models will be considered provided in the Cost Proposal Form what is being proposed and forwards with the proposal complete descriptive literature indicating the character of the article being offered and addressing all specifications of this solicitation.

The County reserves the right to accept or reject, in its sole discretion, items offered as an “equal”.

2.8. Offeror Investigation

Prior to submitting a proposal, each Offeror shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract and to verify any representations made by the County that the

Offeror will rely upon. No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful Offeror from its obligation to comply in every detail with all provisions and requirements of the contract documents or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the successful Offeror.

2.9. Sole Point of Contact

The Purchasing Representative identified in the Introduction section is the SOLE POINT OF CONTACT at Charles County

Government for this procurement. All communication between Offerors and Charles County Government shall be with the

Purchasing Representative until a fully executed contract is delivered to the Contractor. Offerors or any of their authorized representatives may not initiate contact with Charles County Government or County Consultants other than the Contact identified on the Introduction section, for any reason during the bidding process or prior to full contact execution. Any communication outside this process may result in disqualification.

2.10. Questions

All inquiries/questions concerning technical or bidding information shall be directed via OpenGov Procurement Question &

Answer feature prior to the due date and time specified in the Introduction section . In the event an Offeror has multiple questions, each question must be submitted individually. Please include the section number and title for each question, if applicable. All questions submitted and answers provided will be electronically distributed to offerors following this solicitation on the County's eProcurement Portal. The County will not provide responses to questions submitted after the due date and time specified in the Introduction section. The person submitting the request will be responsible for its prompt delivery. Questions and answers are provided for informational purposes only and are not part of any resulting contract from this solicitation.

2.11. Addenda and Supplements

In the event that it becomes necessary to revise any part of this solicitation, or if additional information is necessary to enable the

Offeror to make an adequate interpretation of the provisions of this solicitation, a supplement to the solicitation will be issued. The

Offeror shall acknowledge in their proposal, the receipt of all addenda, supplements, amendments, or changes to the solicitation that were issued by the County. Oral statements made by County personnel shall not bind the County in any manner whatsoever and cannot be used to protest or otherwise challenge any aspect of this solicitation or subsequent agreement.

Any interpretation, correction, changes to the solicitation will be made only by addendum duly issued and will be posted on the County’s eProcurement Portal found at www.CharlesCountyMD.gov. Click on Any and all addenda issued prior to the proposal due date/time shall become a part of the contract documents and shall be covered in the Offeror’s proposal prices, unless an alternate schedule is presented by addendum. It is the responsibility of the Offeror to check the County's eProcurement Portal as frequently as necessary to obtain all updates and addenda to the solicitation.

2.12. Ability to Perform

Offeror shall have the capability to perform classes of work contemplated, having sufficient capital to execute the work properly within the specified time. The County reserves the right to request any additional information, utilize references not provided by a

Offeror, and validate any information provided by an Offeror by any means deemed necessary by the County for the purpose of determining the Offeror’s ability to perform the services described herein.

https://procurement.opengov.com/portal/charlescountymd/projects/183022/document?section=1686256 https://procurement.opengov.com/portal/charlescountymd/projects/183022/document?section=1686249 https://procurement.opengov.com/portal/charlescountymd/projects/183022/document?section=1686249 https://procurement.opengov.com/portal/charlescountymd/projects/183022/document?section=undefined https://procurement.opengov.com/portal/charlescountymd/projects/183022 https://procurement.opengov.com/portal/charlescountymd/projects/183022 https://procurement.opengov.com/portal/charlescountymd/projects/183022/document?section=undefined https://www.charlescountymd.gov/ https://procurement.opengov.com/portal/charlescountymd/projects/183022

2.13. Errors

Any errors in computations may be corrected during the County’s review of the proposal. The County shall not be responsible for

Offeror computation errors contained on the Cost Proposal Form. All values contained on the Cost Proposal Form remain the responsibility of the Offeror. Where the unit price and the extension price are at variance, the unit price will prevail. In the event that the unit price is not provided, the unit price shall be the extended price divided by the quantity. Errors on any forms submitted remain the sole responsibility of the Offeror.

2.14. County Rights/Disclaimers

The County exclusively reserves the right, but is not limited to the following actions:

A. Reject any or all proposal submissions;

B. Issue a new RFP;

C. Cancel, modify, or withdraw the RFP;

D. Issue addenda, supplements, and modifications to this RFP;

E. Modify the RFP process (with appropriate notice to offerors as described herein);

F. Appoint an Evaluation Committee and evaluation teams to review proposal submissions, G. Approve or disapprove the use of particular subcontractors and/or substitutions and/or changes in proposal submissions;

H. Revise and modify, at any time before the Proposal Due to County date, the factors it will consider in evaluating proposal submissions and to otherwise revise or expand its evaluation methodology. If such revisions or modifications are made, the County will publish an addendum. The County may extend the RFP due date if such changes are deemed by the

County, in its sole discretion, to be material and substantive;

I. Seek or obtain data from any source that has the potential to improve the understanding and evaluation of the RFPs;

J. Disqualify any team that changes its Proposal Submission without County written approval;

K. Retain ownership of all materials submitted in hard-copy and/or electronic format.

2.15. Rejection of Quotes/Bids/Proposals

The County exclusively reserves the right, but is not limited to the following actions:

A. Evidence of collusion among offerors.

B. Lack of competency revealed by financial statements, experience, equipment statements, or other factors.

C. Lack of responsibility as shown by past work, judged from the standpoint of workmanship as submitted or from previous experience with the offeror.

D. Default on a previous similar contract for failure to perform.

E. Being delinquent in payments due to Charles County Government.

F. Exceptions or exclusions to the requirements of the solicitation.

G. Failure to be in “Good Standing” with the State of Maryland.

H. Previous substandard performance on a County contract.

I. Failure to perform properly or to complete, in a timely manner, contracts of a similar or comparable nature, or if investigation shows the offeror unable or unlikely to perform the requirements.

J. Failure to furnish information requested by the County.

The County reserves the right to reject any/all proposals, to waive irregularities and/or informalities in any proposal, and to make award in any manner, consistent with law, deemed in the best interest of the County.

2.16. Good Standing Requirements

In order to be eligible for award, Offerors shall meet the following conditions prior to contract award:

A. Their firm is not debarred, suspended, or otherwise ineligible for participation in government procurement by the federal government, the State of Maryland, or any other state, county, or municipal government.

B. All payments to Charles County Government have been paid and are not delinquent.

C. Their firm is in “good standing” with the State of Maryland Department of Assessments and Taxation.

2.17. Notifications

Legal notice given by the County to the Offeror shall be sent to the Offeror's contact information provided in the County's eProcurement Portal. Notice given by the County by any of the following:

A. A communication delivered by MAIL shall be deemed as having been received by the addressee three (3) business days after the date of mailing.

1. UPS or FedEx or other delivery service; or

2. USPS first class postage mail; or

3. USPS certified, or

4. USPS registered mail.

B. A communication delivered by email shall be deemed as having received by the addressee the same day the email was sent.

2.18. Negotiations

The County may negotiate contract terms, price, statement of work, or other conditions that results in the most advantageous outcome for the County. In the event an agreement satisfactory to the County cannot be negotiated, the County may terminate negotiation and move to another Offeror.

2.19. Prohibition of Discrimination in County Procurement

Charles County is committed to ensuring that Minority and Women-Owned Business Enterprises are provided equal opportunity to participate in the County's procurement and contracting processes. Any instances of overt or perceived discrimination should immediately be reported to the MWBE/DBE Compliance Manager.

Per Resolution 2023-13, Section 8, Item 4.1, the SLMBE Programs Division is authorized to investigate such complaint. An investigation may also be initiated based solely on a finding of a significant statistical disparity from the Annual Aspirational

Goal or contract/project goal(s), as detailed herein. The details of any investigation, including findings, shall be recorded and maintained by the SLMBE Programs Division.

All Contractors must cooperate with any investigations or audits conducted by authorized entities to assess compliance with anti-discrimination laws and policies. Non-compliance may result in sanctions, including but not limited to contract termination, suspension, or debarment from future contracts.

Certification of Compliance

By submitting a response to this solicitation, the Contractor agrees not to engage in any discriminatory practices and affirms that it has implemented policies and/or procedures to prevent discrimination in its operations. The Contractor further agrees to provide evidence of such policies/procedures upon request.

Reporting Discrimination

Discrimination in any form is strictly prohibited in Charles County. Charles County staff, prime contractors, subcontractors, or any individuals otherwise engaged in the procurement process are strictly prohibited from discriminating against any business or individual based on, but not limited to the following: race, color, religion, sex, sexual orientation, gender identity, gender expression, national origin, age, disability, marital status, political affiliation, veteran status, or any other characteristic protected by applicable law. Legitimate denial of a bid or not being selected for a procurement opportunity is not considered discrimination.

If anyone is a victim of discrimination, in any form, a request must be submitted to the MWBE/DBE Compliance Manager.

Anyone submitting a discrimination complaint must submit a complaint using the “MWBE Discrimination Reporting Form”.

You can request a form from the MWBE/DBE Compliance Manager. Any individual or firm discriminating against another could face any of the following penalties including, but not limited to: sanctions, contract termination, suspension, and/or debarment from future contracts. If necessary, the case can also be referred to the County Attorney and/or the County Administrator for further action.

Notification of Accusation and/or Finding of Discrimination

Once a discrimination complaint is received by the Purchasing Division and the MWBE/DBE Compliance Manager, the accused will be notified in writing that they; a) have been accused of discrimination, b) will have an opportunity to provide a defense against the accusation; c) must comply with all requests from investigators; d)are prohibited from taking any adverse actions against an accuser; and e) have a right to appeal a finding of discrimination.

3. TECHNICAL PROPOSAL SUBMISSION CONTENT

Cost information shall not be included in the Technical Proposal.

3.1. Technical Proposal Instructions

At a minimum, each technical proposal shall include the following items in the stated order; all pages shall be numbered; using font size of eleven (11) point or larger, printable one sided on 8.5” x 11” size paper and all the listed components must be included.

Do not provide references to other section/tabs, documents or websites for the information required; information should be specifically included in the RFP response. Technical proposals which do not include all components or use the proper format may be considered non-responsive and therefore not reviewed or considered for award.

Provide a Table of Contents with the specified tabs, page numbers, and content below for each tab.

3.2. Tab 1 - Executive Summary

Provide the following information:

A. Name, address, and phone of the firm and subcontractors.

B. Brief background history of the firm.

C. Principals of the firm.

D. Location of office from which this contract will be administered.

E. The name of the principal in charge of this contract.

F. Summary of the Offeror’s understanding of the requested services.

3.3. Tab 2 - Standard Form (SF) 330

Complete and submit a Standard Form (SF) 330 “Architect/Engineer Related Services for Specific Project” (template available on Charles County’s Purchasing Division webpage). All applicable spaces of the form shall be completed. Offerors shall demonstrate at least ten (10) years of experience and provide project summaries for ten (10) representative projects over the past ten (10) years. Experience of subcontractors may not be used as experience of the prime.

Firms shall demonstrate their history and expertise in the municipal stormwater permit services for which they are qualified.

3.4. Tab 3 - Additional Items

Provide the following:

a. An organizational chart of your proposed team(s). Explain how you have structured your team(s). Describe working relationships among team members and partners. Explain how you would ensure continuity of projects in the event a team member changes or departs.

b. Detailed history of meeting permit requirements for stream restoration and shoreline restoration projects, including monitoring, stabilization, reporting requirements, closeout, etc.

c. Detailed history of the approaches employed to stream restoration and shoreline restoration including protocols employed, overview of results, lessons learned, and longevity of projects completed.

d. Detailed experience with implementing innovative watershed practices such as urban soil restoration, urban tree planting, land use conversion, and climate resiliency practices.

e. Detailed history of watershed monitoring, assessments, evaluations, modeling, and planning.

f. Detailed experience with asset management tools.

g. Other information you think is important for consideration in the evaluation of proposals.

4. ORIGINAL PROPOSAL SUBMISSION CONTENT

Any information identified as “Confidential” shall be noted by reference and appended to the Proposal Submission. Each item identified as “Confidential” shall be accompanied by an explanation. Refer to Public Information Act/Confidentiality Notice section.

A complete original proposal package shall include all information and forms identified on the County’s eProcurement Portal, including but not limited to:

4.1. Original Proposal Instructions

The original proposal shall be considered the items listed in this Section. All forms must be completed. signed, and submitted.

Indicate "NA" on the form if it is "Not Applicable" and sign and date it. Original proposals which do not include all components or use the proper format may be considered non-responsive and therefore not reviewed or considered for award.

4.2. Cost Proposal Form

Proposal pricing shall be submitted on the Cost Proposal Form. All cost columns of the table shall be fully completed to be able to submit a proposal response. All pricing shall be rounded to the nearest whole cent (e.g. $.01). There shall be no hidden costs.

Prices shall include all profit, overhead, equipment, transportation cost, etc. An Offeror may only submit one (1) Cost Proposal

Form in response to this solicitation. Each item on the form shall contain only one value. “Or Equal” items, if applicable, shall be noted on the Cost Proposal Form.

4.3. Vendor Disclosure Form

This form shall be completed in legible ink or typewritten and signed.

4.4. Experience Form

Offeror shall be required to complete and submit the County provided Experience Form. A qualified Offeror must have requisite experience for the work as described in the Special Provisions and must be actively engaged as a legal entity in this field for a period of no less than ten (10) years at the due date for quote/bid/proposal. Offerors shall demonstrate their experience on the Experience Form. Offerors shall provide no less than ten (10) projects completed within the past ten (10) years of equal or greater magnitude, as deemed acceptable by the County at its sole discretion, as specified in Item A below. All blank spaces of the form shall be fully completed in legible ink or typewritten. The projects may be the same as those used in the SF-330.

Experience shall be that of the prime contractor unless otherwise specified. Experience of subcontractors may not be used as experience of the prime. The County shall accept experience of subcontractor only in those areas specified otherwise, if applicable.

As applicable: On-going service contracts for the services specified may be considered a “Completed” project if the base term of the contract has been fully completed, purchase orders issued and tasks fully completed during the contract term, and the contract renewed by the issuing agency. Each Offeror is solely responsible for providing any and/or all information/documents demonstrating completion and/or requested by the County in order to confirm the validity of references provided.

A. A minimum of ten (10) completed representative projects that demonstrate the Offeror's experience in all of the following areas:

1. Maryland Municipal Stormwater (MS4) permit Phase 1 requirements

2. stormwater conveyance systems

3. stormwater management retrofits

4. innovative water quality treatment practices

5. ecological restoration

6. environmental assessment and planning

7. pollutant load modeling, watershed management

8. water quality monitoring and modeling https://procurement.opengov.com/portal/charlescountymd/projects/183022/document?section=1686256 https://procurement.opengov.com/portal/charlescountymd/projects/183022/document?section=1686256

9. municipal stormwater related asset management

10. education and outreach to reduce stormwater pollution and flooding

11. illicit discharge

4.5. Minority and Women- Owned Business Enterprise (MWBE) Program - MWBE

Compliance Plan Forms

This form shall be completed in legible ink or typewritten and signed. Proposals submitted without a MWBE compliance form may be rejected as non-responsive by the County.

Th Offerors can contact the Economic Development Department by phone at 301-885-1340 extension 2202 for questions related to the County's MWBE program.

4.6. Small Local Business Enterprise (SLBE) Program – SLBE Certification Form and SLBE

Letter of Intent

Charles County Government has established a Small Local Business Enterprise (SLBE) Program, which registered Charles County

SLBE firms responding to this solicitation may receive a preference in accordance with the provisions of the Program that may apply to a formal solicitation resulting in an award of less than $500,000.00. This solicitation is exempt from the SLBE Program.

4.7. Intended Sub-Contractors Form

This form shall be completed in legible ink or typewritten and signed. “NA” shall be noted on the form if it is Not Applicable.

4.8. Non-Collusion Affidavit Form

This form shall be completed in legible ink or typewritten, signed, and notarized.

4.9. Addendum Certification

Offerors shall be required to acknowledge the addenda when responding to this request for proposals.

5. PROPOSAL EVALUATION PANEL AND CRITERIA

All materials, conferences, proposals, and other matters related to this project shall remain confidential until the contract is executed with the selected firm. The County may use any appropriate technical resources to assist during any part of the evaluation process.

5.1. Responsiveness Review

The County will review the proposal for minimum responsiveness criteria. Proposals that do not meet the minimum responsiveness criteria may be rejected as non-responsive, at the sole option of the County. Any deficiencies will be reviewed and determined by the Chief of Purchasing.

5.2. Evaluation Criteria

Proposal evaluation will include, but is not limited to, the following:

Item # Evaluation Criteria Description Points

1 Project understanding, approach, and capability 15

2 Experience of key staff and project team proposed.

• Project Management

• Technical expertise

• Organizational structure

• Key personnel qualifications

3 Firm representative projects and depth 20

4 Examples of innovative watershed solutions 5

5 Price 40

6 Total 100

5.3. Evaluation

Offerors’ proposals will be evaluated by an evaluation committee who will evaluate and score the proposals in accordance with the criteria specified above. The County reserves the right to conduct the evaluation in any manner considered in the best interest of the County. The County may utilize any information obtained as a result of reference checks, proposal clarification or additional information requests, offeror negotiations or any other means deemed necessary at the sole discretion of the County to identify the proposal that best meets the County’s needs.

6. AWARD AND CONTRACT FORMATION

The County reserves the right to award a contract by individual items, in the aggregate, or in any combination thereof, or to reject any or all proposals and to waive any informality in proposals received whenever such rejection or waiver is in the best interest of the County. Any contract awarded is contingent upon completion of the protest period.

6.1. Award of Contract

The County intends to award this solicitation on the basis of a combination of the evaluation of the Offerors’ experience and qualifications, as well as the proposed price. Award will not be based upon cost alone, and this solicitation does not commit the

County to award a contract or to award to that firm which has submitted the lowest fee. The evaluation criteria may include: the

Offeror’s demonstration of their understanding of the work to be performed, past experience, technical ability, other resources, qualifications of personnel, results of reference checks, and record of similar work performed satisfactorily. In addition, the County reserves the right to accept any proposal either in part or in its entirety.

At any time, the County may request an offeror to provide additional items such as: additional information, clarification, references, interviews/presentations, and any other documentation needed to assist the County in the award selection process. Failure of an offeror to furnish requested information may constitute grounds for determining an offeror as non-responsive at the sole option of the County. Any contract awarded is contingent upon completion of the protest period.

The County reserves the right to reject any/all proposals, to waive irregularities and/or informalities in any proposal, and to make award in any manner, consistent with law, deemed in the best interest of the County.

6.2. Term of Contract

The Contractor(s) selected shall provide the services and all requirements contained herein for a base period commencing on the date of contract execution, after expiration of the award protest period, unless notified otherwise by the County in writing by the

County and end September 30, 2028, with two (2) optional 1-year renewals at the sole option of the County. Each 1-year renewal shall commence on October 1 and end on September 30 of the following calendar year.

This contract shall be automatically renewed unless notice of nonrenewal shall be made to the Contractor by Charles County

Government or to Charles County Government by the Contractor at least forty-five (45) calendar days prior to the contract anniversary date which is the date in the Notice to Proceed, contract begin date, or otherwise indicated by Charles County

Government.

6.3. Pricing Adjustment for Extension Years

Unit prices under the resulting Contract shall remain firm through the base term. Thereafter, pricing shall be adjusted at the beginning of each succeeding year and/or Contract renewal period at the written request of the Contractor to the Chief of

Purchasing. Pricing shall be adjusted by the percentage change in the Consumer Price Index (CPI) from the previous year. For purposes of this agreement, the CPI is defined as the Consumer Price Index for All Urban Consumers, All Items, as published by the United States Department of Labor, Bureau of Labor Statistics. For purposes of adjustment, the CPI used for each subsequent year of the Contract shall be the last published percentage change in the CPI (for the previous 12 months) either on, or prior to, the anniversary date of the Contract. Price adjustments shall take effect upon written approval by the County.

6.4. Quantity Contracts Awarded

The County may make award to more than one firm. The County may award to one or multiple offeror(s). The contract(s) entered into with the successful offeror(s) shall meet all standard provisions required by the County.

The County intends to contract with a single firm and not with multiple firms doing business as a joint venture. Where two or more

Offerors desire to submit a single proposal in response to this RFP, they should do so on a prime-subcontractor basis rather than as a joint venture.

6.5. Contract Execution

The successful Offeror to whom the contract shall have been awarded shall be required to execute the County contract (or as authorized by the County) and shall furnish all requirements due at contract execution, which may include, but is not limited to performance bonds and/or payment bonds, insurance certificates, equipment inspections, licenses, etc., as specified herein.

6.6. Contract Documents

All work under this project shall be in accordance with the contract documents. The Contract documents for this project includes, but is not necessarily limited to, this solicitation package, project plans and specifications as shown in RFP and other referenced ordinances, manuals and specifications. Contract Documents shall also include:

A. All written modifications, amendments and change orders to this Agreement issued in accordance with the General

Provisions.

B. Contractor’s proposal and accompanying exhibits submitted in response to the County’s Project Criteria and

Solicitation; and any solicited and/or unsolicited Alternates to the Solicitation accepted by the County in writing.

The Contract Documents are intended to permit the parties to complete the work and all obligations required by the Contract

Documents within the specified time(s) for the proposal price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the

County will make a determination on which item of discrepancy shall take precedence. Within listed documents or group of documents, the later dated shall have precedence over the earlier requirements, and specific requirements shall have precedence over the general requirements.

6.7. Default and Suspension

If an Offeror who has been selected for award and offered a contract refuses or fails to execute the contract and/or fully comply with all requirements of this solicitation within fourteen (14) consecutive calendar days after receipt of formal notice of intent to award or an alternate date specified by the Chief of Purchasing, the Offeror may be considered to have defaulted with respect to execution of the contract, and to have abandoned all rights and interests in the contract. In such instance the bid security, if any, may be declared forfeited to the County without further notice to the Offeror. In the event of such default, award may then be made to another Offeror determined to be in the best interest of the County, or the solicitation may be cancelled and/or re-advertised for proposals as deemed if deemed in the best interests of the County.

A Contractor, who has executed a contract with the County, may be considered to have defaulted in the performance of the Contract, by: failure to comply with the requirements of the contract, sub-standard performance, failing to complete the contract, and/or by other significant errors and omissions as determined by the Project Manager and the Chief of Purchasing. In such instance, the

Contractor’s performance and/or payments bonds, if any, may be exercised, and the Contract terminated and awarded to another

Offeror if determined to be in the best interest of the County.

An Offeror/Contractor, who has defaulted as discussed above, may be declared by the Chief of Purchasing to be ineligible to bid on future County solicitations for a period of up to two (2) years from the date the County determined the Offeror/Contractor to have defaulted. This determination by the Chief of Purchasing shall be final, and not subject to appeal.

6.8. Offeror/Award Protests

A. All protests made pursuant to solicitations must be in writing and delivered to the Chief of Purchasing within the timeframes specified:

1. Protests must be delivered to the Chief of Purchasing no later than seven (7) consecutive calendar days after the basis for the protest (i.e. notification of rejection of Offeror's proposal, notification of removal of Offeror from consideration, etc.) is known or should have been known, whichever is earlier.

2. If protesting contract award, the protest must be delivered to the Chief of Purchasing within seven (7) consecutive calendar days after the Purchasing Division has publicly posted the proposed contract award. This provision shall only apply to “aggrieved” Offerors.

3. If Offeror seeks as a remedy the cancellation or amendment of the solicitation, the protest must be delivered to the

Chief of Purchasing before the submission date for quotes/bids/proposals.

4. If the County is closed for business at the due date and time, for whatever reasons, protests will be accepted on the next business day of the County prior to 12:00 p.m. (Eastern Time).

Protests shall be considered timely only if received in the Purchasing Division office prior to close of business within the timeframes specified above.

B. All protests made pursuant to solicitations shall be delivered to the Chief of Purchasing:

ATTN: Chief of Purchasing, Purchasing Division (Room B130) 200 Baltimore Street, La Plata, Maryland 20646

C. Each protest must contain a protest filing fee in the amount of $500 (US currency); if the fee is paid by check, then the check must be made out to “Charles County Government”. The Chief of Purchasing, may, at his sole election, return the filing fee to the protesting Offeror, if the protest is sustained. Filing fees for unsustained protests shall not be returned.

The Chief of Purchasing must dismiss any protest not timely received.

D. Only an Offeror that is “aggrieved” is eligible to file a protest. Aggrieved means that the Offeror who is filing the protest is susceptible for an award of the contract if the protest is sustained (e.g., a fourth ranked Offeror is not aggrieved unless the grounds for a protest, if sustained, would disqualify the top three ranked Offerors or would require that the solicitation be reissued). Each protest must contain the following: identification of the solicitation; the name, address and telephone number of the protesting Offeror; a statement supporting that the Offeror is aggrieved; and specification of all grounds for the protest, including submission of detailed facts and all relevant documents, citation to relevant language in the solicitation, regulations, or law relied upon; and, all other matters which the Offeror contends supports the protest. The burden of production of all relevant evidence, data and documents, and the burden of persuasive argument to support the protest is on the Offeror making the protest.

E. The Chief of Purchasing shall forward to the County Attorney, all protests timely received and appropriate information addressing the circumstances of the protest. The Chief of Purchasing shall also forward for the County Attorney’s information, all protests not timely received and/or otherwise ineligible, that was dismissed by the Chief of Purchasing.

F. The Chief of Purchasing, after consultation with the County Attorney, shall determine whether to sustain or reject the protest, and shall provide written notice of his determination to the Offeror making the protest, and to the County

Attorney. In the case of a sustained protest, the Chief of Purchasing, after consultation with the County Attorney, shall determine what remedy shall be taken to redress the protest. Decisions shall be final, and not subject to appeal.

6.9. Performance Evaluations

The County shall perform periodic performance evaluations, at the County’s discretion, on all work performed by the Contractor under this Contract. The Contractor shall have the opportunity to review performance evaluations upon request. Performance evaluations shall be maintained in the County’s contract files.

6.10. Assignment of Contract

The Contractor shall not sublet any portion of this contract or assign or transfer any interest in this contract without receiving prior written approval from the County, Chief of Purchasing.

6.11. Subcontractors

Subcontractors may not be used in the conduct of this contract without express written approval of the County. The County reserves the right to reject any subcontracted relationship if changes or additions of subcontractors are necessary during the life of the contract. Subcontracts for any portion of this contract must be clearly identified in the Offeror's proposal. Subcontracts are subject to Minority and Women Business Enterprise (MBE) Program and Small Local Business Enterprise (SLBE) requirements detailed herein. Prime contractor shall perform a minimum of fifty percent (50%) of the work.

6.12. News Release

No news releases pertaining to this proposal request or the service, study, or project to which it relates will be made without County approval.

6.13. Public Information Act/Confidentiality Notice

Offeror should give specific attention and identification of those specific portions of their proposals which they deem to contain confidential and/or proprietary information. Such information must be individually noted as being confidential or proprietary, either at that location, or in a separate consolidated listing contained within the bid/proposal/quote and provide justification of why the material should not be subject to disclosure by the County upon request under the Maryland Public Information Act. Offerors may not declare their entire bid/proposal/quote package to be confidential or proprietary. Failure to provide specific identification and justification may result in the County releasing the information if requested to do so.

6.14. Campaign Finance Reform Act of 2013

The Maryland Campaign Finance Reform Act of 2013 dictates that vendors with single contracts of $200,000 or more shall file certain campaign finance-related disclosures with the Maryland State Board of Elections. Vendors shall certify that they have filed the requisite disclosure, and if the vendor fails to provide this certification, the County must notify the State. In the event of Contract award, the Contractor shall certify that campaign finance-related disclosures are filed with the Maryland State Board of Elections as applicable.

6.15. Holiday Schedule

The following holidays are observed by the County:

• New Year's Break (Close at 12:00pm New Year's Eve, New Year's Day, Day after New Years)

• Martin Luther Ling Jr's Birthday

• Super Bowl Monday

• Washington's Birthday

• Eid al Fitr

• Good Friday

• Easter Monday

• Memorial Day

• Eid al Adha

• Juneteenth

• Independence Day

• Labor Day

• Indigenous People's Day

• Veterans Day

• Election Day (When Applicable)

• Thanksgiving Closure (Wed, Thur, Fri of Thanksgiving)

• Christmas Break (Close at 12:00pm Christmas Eve, Christmas Day, Day after Christmas)

6.16. Cooperative Purchasing

Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by the Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions.

The Mid-Atlantic Purchasing Team Cooperative Ride Clause is hereby incorporated into this solicitation. Refer to the County’s

Website at: https://www.charlescountymd.gov/home/showpublisheddocument/15127/638182853727870000 https://www.charlescountymd.gov/home/showpublisheddocument/15127/638182853727870000

7. GENERAL PROVISIONS

7.1. Definitions

The term COUNTY, as used herein, refers to the COUNTY COMMISSIONERS OF CHARLES COUNTY, MARYLAND, hereinafter called the COUNTY, represented by the CONTRACTING OFFICER, the Director of the Using Department, or their designated representative who is authorized to act for the COUNTY.

7.2. Indemnification Clause

The Contractor shall protect, hold free and harmless, defend and indemnify Charles County, including its officers, agents, and employees from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees, resulting from injury to, or death of, any person or damage to property of any kind, which injury, death or damage arises out of, or is any way connected with the performance of the work under this contract. This agreement shall apply to any acts or omissions, negligent conduct, whether active or passive, including acts or omissions of contractor’s agents or employees; except that this agreement shall not be applicable to injury, death or damage to the property arising from the sole negligence of Charles

County, its officers, agents, and employees.

7.3. Governing Law

This Contract shall be governed by and construed only in accordance with the laws of the State of Maryland.

7.4. Responsibility of the Consultant

A. The CONSULTANT shall be responsible for the professional quality, technical accuracy and the coordination of all designs, drawings, specifications, and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in their design, drawings, specifications, and other services.

B. Neither the COUNTY'S review, approval or acceptance of, nor payment for, any of the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the CONSULTANT shall be and remain liable to the COUNTY in accordance with applicable law for all damages to the COUNTY caused by the CONSULTANT'S negligent performance of any of the services furnished under this contract.

C. The rights and remedies of the COUNTY provided for under this contract are in addition to any other rights and remedies provided by law.

7.5. Changes

A. The COUNTY may, at any time, by written order, make changes within the general scope of the contract in the services to be performed. If such changes cause an increase or decrease in the CONSULTANT'S cost of, or time required for, performance of any services under this contract, whether or not changed by any order, an equitable adjustment shall be made, and the contract shall be modified in writing accordingly. Any claim of the CONSULTANT for adjustment under this Article must be asserted in writing within thirty (30) days from the date of receipt by the CONSULTANT of the notification of change unless the COUNTY grants a further period of time before the date of final payment under this contract.

B. The CONSULTANT shall provide no services for which an additional cost or fee will be charged without prior written authorization by the COUNTY.

C. Additional Costs:

The cost of any change ordered in writing by the CONTRACTING OFFICER which…