RFP 27-103 Park Water Treatment Plan PFAS Study 1.pdf

Request for Proposal #RFP 27-103

Park Water Treatment Plant PFAS Study

Department of Procurement 125 N. Division St., Room 200, Salisbury, MD 21801

PH: 410-548-3190

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SECTION I: INTRODUCTION

SECTION II: GENERAL INFORMATION

SECTION III: SCOPE OF SERVICE

SECTION IV: EXPERIENCE, STAFFING AND QUALIFICATIONS

SECTION V: EVALUATION AND SELECTION

SECTION VI: REQUIRED FORMS

ATTACHMENTS :

MARYLAND GEOLOGICAL SURVEY REPORT OF INVESTIGATION 65 1997

PLATE 1 SHOWING WET WELL LOCATIONS

PLATE 2 SHOWING CONTRIBUTING AREAS FOR THE CITY OF SALISBURY WELL FIELDS ON 1993

PUMPING CONDITIONS

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SECTION I: INTRODUCTION

1. PURPOSE

A. The City of Salisbury has detected pre-and polyfluoroalkyl substances (PFAS) in the wellfield at the Park Water Treatment Plant. The City is requesting proposals from qualified firms to provide professional engineering services for PFAS source tracking and near term and long-term planning for treatment of PFAS at the Park Water Treatment Plant.

2. CLARIFICATION OF TERMS

A. Professional firms or individuals that submit a bid for award of a contract (“Contract”) are referred to as vendors (“Vendors”) in this document. The Vendor that is awarded the Contract is herein referred to as the (“Successful Vendor”).

3. QUESTIONS AND INQUIRIES

A. Proposal Documents are available for inspection and download on the City of Salisbury’s website, www.salisbury.md; MENU; Procurement Portal; PlanetBids or via this link:

https://vendors.planetbids.com/portal/67670/portal-home.

B. Questions regarding the solicitation must be submitted through the “Q&A” tab specific to this solicitation in the PlanetBids platform.

4. FILLING OUT PROPOSAL DOCUMENTS

A. Use only forms supplied by the City of Salisbury (“City”).

B. All blanks on the Proposal Documents shall be filled in electronically or manually in ink.

C. Where so indicated by the makeup of the Proposal Documents, sums will be expressed in both words and figures, and in the case of a discrepancy between the two, the amount written in words will govern. In the event there is a discrepancy between the unit price and the extended totals, the unit prices will govern.

D. Any interlineation, alteration, or erasure will be initialed by the signer of the Proposal Documents.

E. The Proposal Documents will be signed by the person(s) legally authorized to bind the Vendor to a contract, using the legal name of the signer. Proposal Documents submitted by an agent will have a current Power of Attorney attached certifying the agent’s authority to bind the Vendor.

F. Any ambiguity in the Proposal Documents as a result of omission, error, lack of clarity or non-compliance by the Vendor with specifications, instructions, and/or all conditions of bidding will be construed in the light most favorable to the City.

5. SUBMISSION OF PROPOSAL DOCUMENTS

A. All required documents shall be submitted electronically through the City’s Procurement Portal, PlanetBids. The submittal shall be addressed to Ms. Jennifer L. Miller, Director of Procurement.

1. Proposals shall be submitted as electronic files to the PlanetBids system

(http://vendors.planetbids.com/portal/67670-portal-home ), uploaded to the corresponding Request for Proposal and shall be named as follows: Contract Number, Contract Name, Vendor Name.

http://www.salisbury.md/ https://vendors.planetbids.com/portal/67670/portal-home http://vendors.planetbids.com/portal/67670-portal-home

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2. The Technical Proposal, excluding any reference to cost, must include the following sections:

1. The Technical Proposal shall be separated in sections as follows: (1) Cover Letter,

(2) Scope of Services and Project Understanding, (3) Project Approach, (4) Organizational Structure, (5) Standard Form 330 (“SF330”), (6) Signed Forms. The Vendor’s complete Technical Proposal, excluding any reference to cost and shall include all completed and signed forms:

i. Standard Form 330

ii. Exceptions and Addenda

iii. Ownership Disclosure

iv. Contractor’s Affidavit of Qualification to Bid

v. Non-Collusive Affidavit

3. All fees associated in the price submission shall include all labor, material and incidentals associated with the work included in the bidding documents.

B. Proposal Documents will be electronically submitted to the designated location prior to the time and date for receipt of Proposal Documents as indicated in the Request for Proposal, or any extension made by Addendum. Proposal Documents received after the time and date for receipt will not be accepted.

C. Vendor will assume full responsibility for taking whatever measures necessary to ensure that the Proposal Documents are submitted electronically prior to the local time and date specified for receipt of Proposal Documents. The City will NOT BE RESPONSIBLE for any Proposal Document delayed due to technical issues with electronic submittal nor any late Proposal Document, amendment, or request for withdrawal of Proposal Document, received after the Proposal Document submission date.

D. In the event of technical issues with your submittal, please contact PlanetBids at (818) 992-1771 or visit https://vendors.planetbids.com/portal/67670/help . The City is not responsible for technical issues unresolved prior to the due date and time for the solicitation.

E. Vendors, or their authorized agents, are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting Proposal Documents;

failure to do so will be at the Vendor’s own risk.

F. Vendor will supply all information and submittals required by the Proposal Documents to constitute a proper and responsible completed Proposal Document package.

G. All Vendor-submitted Proposal Documents will be valid for a minimum of 120 days from the date of the Proposal Document opening.

6. OPENING OF PROPOSAL DOCUMENTS

A. Proposal Documents received on time will be publicly available and only the vendor’s names will released for the record.

B. The Contract will be awarded or all Proposal Documents will be rejected within 120 days from the date of the Proposal Document opening.

7. ACCEPTANCE OR REJECTION OF PROPOSAL DOCUMENTS

A. Unless otherwise specified, the Contract will be awarded to the most RESPONSIBLE and RESPONSIVE Vendor complying with the provisions of the Proposal Documents, provided the proposal price is reasonable, does not exceed the funds available, and it is in the best interest of the City to accept it. The City reserves the right to reject the https://vendors.planetbids.com/portal/67670/help

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Proposal Documents of any Vendor who has previously failed to perform properly in any way or complete on time contracts of a similar nature; or a Proposal Document from a Vendor who, investigation shows, is not in a position to perform the Contract; or Proposal Documents from any person, firm, or corporation which is in arrears or in default to the City for any debt or contract.

B. The Vendor, if requested, will be prepared to supply evidence of its qualifications, listed above, and its capacity to perform the Services; such evidence is to be supplied within a specified time and to the satisfaction of the City.

C. In determining a Vendor’s RESPONSIBILITY, the City may consider the following qualifications, in addition to price:

1. Ability, capacity, and skill to provide the commodities or services required within the specified time, including future maintenance and service, and including current financial statement or other evidence of pecuniary resources and necessary facilities;

2. Character, integrity, reputation, experience, and efficiency;

3. Quality of past performance on previous or existing contracts, including a list of current and past contracts and other evidence of performance ability;

4. Previous and existing compliance with laws and ordinances relating to contracts with the City and to the Vendor’s employment practices;

5. Evidence of adequate insurance to comply with Contract terms and conditions;

6. Statement of current work load and capacity;

7. Explanation of methods to be used in fulfilling the Contract;

D. In determining a Vendor’s RESPONSIVENESS, the City will consider whether the Proposal Documents conform in all material respects to the Request for Proposal. The City reserves the right to waive any irregularities that may be in its best interest to do so.

E. The City will have the right to reject any and all Proposal Documents, where applicable, to accept in whole or in part, to add or delete quantities, to waive any informalities or irregularities in the Proposal Document received, to reject a Proposal Document not accompanied by required Proposal Security or other data required by the Proposal Documents, and to accept or reject any Proposal Document which deviates from specifications when in the best interest of the City. Irrespective of any of the foregoing, the City will have the right to award the Contract in its own best interests.

8. NOTICE TO VENDORS

A. Before a Vendor submits the Proposal Documents it will need to become fully informed as to the extent and character of the Services required and are expected to completely familiarize themselves with the requirements of this Proposal Document’s specifications. Failure to do so will not relieve the Vendor of the responsibility to fully perform in accordance therewith. No consideration will be granted for any alleged misunderstanding of the material to be furnished or the Services to be performed, it being understood that the submission of a Proposal Document is an agreement with all of the items and conditions referred to herein.

B. It is understood and agreed by the City of Salisbury and the Vendor that any Public Procurement Unit as defined by the American Bar Association Model Procurement Code for State and Local Governments may purchase the goods and services specified herein in accordance with the prices, terms and conditions of this agreement, upon mutual agreement of the Vendor and the Public Procurement Unit. It is also understood and

RFP 27-103 Park Water Treatment Plant PFAS Study Page 6 agreed that each entity will establish its own contract with the Vendor, be invoiced therefrom and make its own payments to the Vendor in accordance with the terms of the contract established between the new Public Procurement Unit and the Vendor. It is also hereby mutually understood and agreed that the City of Salisbury is not a legally bound party to any contractual agreement made between the Vendor and any entity other than the City of Salisbury, MD.

END OF SECTION

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SECTION II: GENERAL INFORMATION

1. ECONOMY OF PROPOSAL

A. Proposal Documents will be prepared simply and economically, providing a straightforward and concise description of the Vendor’s capabilities to satisfy the requirements of the Proposal Documents. Emphasis should be on completeness and clarity of content. Elaborate brochures and other representations beyond that sufficient to present a complete and effective Proposal Document are neither required nor desired.

2. RESPONSIBILITIES OF THE VENDOR

A. The Vendor will be responsible for the professional quality and technical accuracy of their advice and other services furnished in the Proposal Documents. The Vendor will perform services with the degree of skill that is normally exercised by recognized professionals as the Standard of Care with respect to services of a similar nature.

B. Neither the City’s review, approval or acceptance of, nor payment for, any of the services required under the Contract will be construed to operate as a waiver of any rights under the Contract or any cause of action arising out of the performance of the Contract, and the Vendor will be liable to the City in accordance with applicable law for all damages to the City caused by the Vendor’s negligent performance of any of the services furnished under the Contract.

C. The rights of the City provided for under the Contract are in addition to any rights and remedies provided by law.

3. PROPRIETARY INFORMATION OR TRADE SECRETS

A. The Vendor may invoke proprietary information or trade secret protection for submission of any data/material by (1) identifying the data/material in a written description, (2) clearly marking the data/material as proprietary, and (3) providing a written statement detailing the reasons why protection is necessary. The City reserves the right to ask for additional clarification prior to establishing protection.

4. OWNERSHIP OF MATERIALS

Ownership of all material and documentation originated and prepared pursuant to the Proposal Documents will belong exclusively to the City and is subject to public inspection in accordance with the Public Information Act. Trade secrets or proprietary information submitted by a Vendor in connection with a procurement transaction will not be subject to disclosure under the Public Information Act. However, the Vendor must invoke the protections of this section and be in accordance with Section 3.A.

B. All data collected, or developed, during the course of the project will be delivered to the City of Salisbury prior to the completion of the project. This data will be delivered both in its native format and in any format to which it has been transformed.

1. Geospatial data is data or information that identifies the geographic location of features and boundaries of either natural or constructed features. Spatial data is usually stored as coordinates and topology, and is data that can be mapped.

2. Tabular data (GIS) is descriptive information, usually alphanumeric, that is stored in rows and columns in a data base and can be linked to spatial data.

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3. All spatial and related tabular data that is collected or developed during the course of a project will be considered the property of the City of Salisbury. A listing of all spatial and related tabular data that is expected to be collected or produced during the course of the project will be included in the Successful Vendor’s contract deliverables. If the scope of this data increases or decreases, it is the responsibility of the Vendor to notify and receive written confirmation from the City of Salisbury. This data will be delivered to the City of Salisbury prior to the final invoice of any project unless this requirement has been waived. This data will be delivered in both its native format and in any format to which it has been transformed. For example: if a survey is conducted of an area and that data is then used to construct a CAD drawing or a GIS layer, The original survey data will be delivered in COGO format, The CAD data will be delivered in .dwg files and the GIS layer will be delivered in either .shp files or a geodatabase format.

5. CONTRACT AWARD

A. A written award by the City to the Successful Vendor in the form of a Purchase Order or other contract document will result in a binding Contract without further action by either party. All rights and obligations of the Successful Vendor are personal to the Successful Vendor and may not be transferred or assigned to another person or business enterprise at any time. The Contract shall be between the City and the person or business enterprise responding to the RFP and deemed by the City to be the Successful Vendor. If the Successful Vendor fails or refuses to sign and deliver the Contract and the required insurance documentation, the City will have the right to award to the next responsible and responsive Vendor. Contract will be executed by the Successful Vendor within fifteen (15) working days of receipt of the Contract.

B. Proposal Documents and Contracts issued by the City will bind the Vendor to applicable conditions and requirements herein set forth, unless otherwise specified in the Proposal Documents, and are subject to all Federal, State, and Municipal laws, rules, regulations, and limitations.

C. City personal property taxes (“Taxes”) must be on a current basis; if any such Taxes are delinquent, they must be paid before the award of the Contract. Failure to pay will result in the award of the Contract to another Vendor.

D. The City reserves the right to engage in individual discussions and interviews with those Vendors deemed fully qualified, responsible, suitable, and professionally competent to provide the required services should the project size warrant it. Vendors will be encouraged to elaborate on their qualifications, performance data, and staff expertise.

Proprietary information from competing Vendors will not be disclosed to the public or to competitors.

E. The City may award in whole or in part to multiple vendors.

6. AUDIT

A. The Successful Vendor agrees to retain all books, records, and other documents relative to the awarded Contract for five (5) years after final payment, or until audited. The City, its authorized agents, and/or State auditors will have full access to and the right to examine any of said materials during said period.

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7. KEY PERSONNEL

A. The personnel named in the technical Proposal Document will remain responsible throughout the period of the awarded Contract. No replacement may be made without submission of a resume of the proposed replacement with final approval being granted by the Director of Procurement.

8. NONPERFORMANCE

A. The City reserves the right to inspect all operations and to withhold payment for any Services not performed or not performed in accordance with the specifications in this Proposal Document. Errors, omissions, or mistakes in performance will be corrected at no cost to the City. Failure to do so will be cause for withholding of payment for that Service. In addition, if deficiencies are not corrected in a timely manner, the City may characterize the Successful Vendor as uncooperative, which may jeopardize future project order solicitations.

9. ASSIGNMENT

A. Successful Vendor will not assign, transfer or subject the Contract, or its rights, title interests or obligations therein without City’s prior written approval.

B. Violation of the terms of this paragraph will constitute a breach of Contract. All rights, title, interest and obligations of the Successful Vendor will thereupon cease and terminate.

10. MODIFICATION OR WITHDRAWAL OF PROPOSAL

A. A Proposal Document may not be modified, withdrawn, or cancelled by the Vendor during the stipulated time period following the time and date designated for the receipt of Proposal Documents, and each Vendor so agrees in submitting Proposal Documents.

11. DEFAULT

A. The Contract may be cancelled or annulled by the City in whole or in part by written notice of default to the Successful Vendor upon non-performance, violation of Contract terms, delivery failure, bankruptcy or insolvency, any violation of state or local laws, or the making of an assignment for the benefit of creditors. An award may then be made to the next most highly rated Vendor, or when time is of the essence, similar commodities and/or service may be purchased on the open market. In either event, the defaulting Vendor (or his surety) will be liable to the City for cost to the City in excess of the defaulted Contract price.

12. COLLUSION/FINANCIAL BENEFIT

A. The Vendor certifies that its Proposal is made without any previous understanding, agreement, or connection with any person, firm, or corporation making a Proposal Document for the same project; without prior knowledge of competitive prices; and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action.

B. Upon signing the Proposal Document, Vendor certifies that no member of the governing body of the City, or members of his/her immediate family, including spouse, parents or children, or any other officer or employee of the City, or any member or employee of a Commission, Board, or Corporation controlled or appointed by the Mayor or Council, RFP 27-103 Park Water Treatment Plant PFAS Study Page 10 has received or has been promised, directly or indirectly, any financial benefit related to this Contract.

13. TAX EXEMPTION

A. The City is exempt from Federal Excise Taxes, Maryland Sales and Use Taxes, and Transportation Taxes. This exemption cannot be used by Vendors doing business with the City. Vendors are responsible for State Sales Tax of real property furnished and installed or constructed for the City.

14. EQUAL EMPLOYMENT OPPORTUNITY AND NON-DISCRIMINATION

A. All Vendors are subject to, and must comply with, the provisions of all applicable state and federal anti-discrimination laws. The City encourages equal employment opportunities for businesses owned and controlled by minorities and women.

B. The successful Vendor will not discriminate against any employee or applicant for employment or any member of the public because of race, color, creed, religion, national origin, sex, sexual preference, disability, marital status, age; or otherwise commit an unfair employment practice. Vendor further agrees that this nondiscriminatory agreement will be incorporated by the Vendor in all contracts entered into with suppliers of commodities and services, contractors and subcontractors, and all labor organizations furnishing skilled, unskilled, and craft union skilled labor, or who may perform any such labor or services in connection with this Contract.

15. INDEMNITY

A. The Successful Vendor agrees to indemnify, defend, and hold harmless the City and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney’s fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage to the extent caused by the Vendor’s negligent acts, errors or omissions in connections with its operations under the Contract, whether such operations be by the Vendor or by any subcontractor or by anyone directly or indirectly employed by either the Vendor or subcontractor.

B. Vendor further agrees to furnish adequate protection against damage(s) as a result of the Vendor’s and Vendor’s subcontractors’ negligence in providing the Services under this Contract.

16. STATUS OF VENDOR

A. The Vendor will be responsible to the City for acts and omissions of their employees, subcontractors, and their agents and employees, and other persons performing portions of the Services under the Contract or other arrangement with the Vendor.

B. It is understood that the relationship of Vendor to the City will be that of an “Independent Contractor.” Nothing contained herein will be deemed or construed to

(1) make the Vendor the agent, servant, or employee of the City, or (2) create any partnership, joint venture, or other association between the City and the Vendor.

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17. APPLICABLE LAWS

A. Vendor will observe and comply with all applicable Federal, State, and local laws and regulations in the performance of the Contract. The Contract will be construed and interpreted in accordance with the laws of the State of Maryland and all questions of performance hereunder will be determined in accordance with such laws.

18. SUSPENSION OR TERMINATION FOR CONVENIENCE

A. The City will have the right, at any time by written notice, for its convenience, to suspend the Services under the Contract for such time as may be determined by the City to be necessary or desirable up to ninety (90) days, unless a longer time is agreed upon in writing by both parties; and thereafter, to require resumption of the whole or any part of the Services without invalidating the provisions of the Contract.

B. The City will have the right, at any time by written notice, for its convenience, to terminate the Services in whole or in part.

C. Any notice issued pursuant to Sections 18a and/or 18b will state the extent and effective date of such notice. Except as otherwise directed, the Vendor will stop Services on the date of receipt of the Notice of Termination or other date specified in the notice; nor place further orders or subcontracts for materials, services, or facilities, except as necessary for the completion of such portion of the Services not terminated.

D. The Vendor, within thirty (30) days of the Notice of Termination, will submit a final invoice reflecting Services actually furnished pursuant to the Contract to the satisfaction of the City and for which no previous invoice was submitted to the City.

E. In the event of a termination, pursuant to Section 18b, the City will pay the Vendor’s expenses verified by a final invoice as set forth in Section 18b for the following:

1. Completed and acceptable Services executed in accordance with the Contract prior to the effective date of termination, including fair and reasonable sums for overhead and profit for such Services;

2. Expenses sustained prior to the effective date of termination in performing Services and furnishing labor, materials, or equipment as required by the Contract in connection with uncompleted Services, plus fair and reasonable sums for overhead and profit.

F. The Vendor will not be paid on account of loss of anticipated profits or revenues or for Services not completed prior to the date of termination of the Contract.

19. CONTRACT CHANGES

A. NO CLAIMS may be made by anyone that the scope of the project or that the Vendor’s Services have been changed (requiring changes to the amount of compensation to the Vendor or other adjustments to the Contract) UNLESS such changes or adjustments have been made by an approved WRITTEN AMENDMENT (Change Order) to the Contract signed by the Director of Procurement (and the City Council, if required), prior to additional Services being initiated. Extra Services performed without prior, approved, written authority will be considered as unauthorized and at the expense of the Vendor.

Payment will not be made by the City.

B. NO ORAL conversations, agreements, discussions, or suggestions, which involve changes to the scope of the Contract, made by anyone including any City employee, will be honored or valid. No written agreements or changes to the scope of the Contract made

RFP 27-103 Park Water Treatment Plant PFAS Study Page 12 by anyone other than the Director of Procurement (with City Council approval, if required) will be honored or valid.

C. If any Change Order in the Services results in a reduction in the Services, the Vendor will neither have, nor assert any claim for, nor be entitled to any additional compensation for damages or for loss of anticipated profits on Services that are eliminated.

D. No inspection, or any failure to inspect, at any time or place, will relieve the Vendor from its obligation to perform all the Services strictly in accordance with the requirements of the specifications of the Contract. The City’s Project Representatives (construction inspectors) are NOT authorized to revoke, alter, enlarge, relax, or release any requirement of these specifications, nor to approve or accept any portion of Services, nor to issue instruction contrary to the drawings and specifications of the Contract.

20. ADDENDUM

A. No oral statements of any person will modify or otherwise affect or interpret the meaning of the Contract specifications, or the terms, conditions, or other portions of the Contract. All modifications and every request for any interpretation must be addressed to the Director of Procurement, Government Office Building, 125 N. Division Street, Room 200, Salisbury, Maryland 21801, and to be given consideration, must be received at the above address at least seven (7) days prior to the date fixed for the opening of Proposal Documents.

B. Any and all interpretations, corrections, revisions, and amendments will be issued by the Department of Procurement to all holders of Proposal Documents in the form of written addenda. Vendors are cautioned that any oral statements made by any City employee that materially change any portion of the Proposal Documents will not be relied upon unless subsequently ratified by a formal written amendment to the Proposal Document.

C. All addenda will be issued so as to be received at least five (5) days prior to the time set for receipt of Proposal Documents, and will become part of the Contract and will be acknowledged in the Proposal Document form. Failure of any Vendor to receive any such addenda will not relieve said Vendor from any obligation under the Proposal Document as submitted.

D. Vendors are cautioned to refrain from including in their Proposal Document any substitutions which are not confirmed by written addenda. To find out whether the City intends to issue an amendment reflecting an oral statement made by any employee, contact Jennifer L. Miller, Director of Procurement, at 410-548-3190 during normal business hours.

E. The Director of Procurement, reserves the right to postpone the Proposal Document opening for any major changes occurring in the 5-day interim which would otherwise necessitate an Addendum.

21. DEBARMENT

A. By submitting the proposal, the vendor warrants and certifies that he is eligible to submit a proposal because he is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in a transaction by any Federal, State, or local department agency.

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22. INSURANCE REQUIREMENTS

A. Unless otherwise required by Special Conditions for the Proposal Documents, if a

Contract is awarded, the Successful Vendor will be required to purchase and maintain during the life of the Contract the following types and amounts of insurance (at minimum):

1. Commercial General Liability: $1,000,000 (One million dollars) per occurrence

$2,000,000 (Three million dollars) aggregate for bodily injury and property damage.

2. Professional Liability Coverage (errors and omissions): $1,000,000 (one million dollars) per occurrence and $3,000,000 (three million dollars) aggregate minimum.

3. Commercial Automobile: $1,000,000 (one million dollars) combined single limit per accident for bodily injury and property damage. Including hired, non-ownership coverage and owned vehicle coverage if company owns a vehicle.

4. As mandated by the Code of the State of Maryland and Employer’s Liability, the Contractor will be required to provide Worker’s Compensation insurance.

5. The Vendors will provide the City with certificates of insurance evidencing the coverage required above. Such certificates will provide that the City be given at least thirty (30) days prior written notice of cancellation of, intention to not renew, or material change in such coverage. Vendor must provide certificates of insurance before commencing Services in conjunction with the Contract.

a. On all insurance policies, the City, its employees, and its officers must be named as Additional Insured, and insurance certificates furnished to the City will indicate such coverage.

b. Providing the insurance required herein does not relieve the Vendor of any of the responsibilities or obligations assumed by the Vendor in the awarded contract, or for which the Vendor may be liable by law or otherwise.

c. Failure to provide and continue in force such insurance as required above, will be deemed a material breach of the Contract, will cause the Vendor to be in DEFAULT, and will operate as an immediate termination thereof.

d. The City reserves the right to require higher limits on any Contract. A 30-day notice in writing of cancellation or non-renewal will be furnished by certified mail to the Director of Procurement at the address listed in solicitation.

e. The Vendor agrees to be responsible for, indemnify, defend, and hold harmless the City, its officers, agents, and employees from the payment of all sums of money by reason of any claim against them arising out of any and all occurrences resulting in bodily or mental injury or property damage that may happen in connection with and during the performance of the Contract including, but not limited to, claims under the Worker’s Compensation Act.

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SECTION III: SCOPE OF SERVICES

1. PROJECT DESCRIPTION

A. The City is seeking proposals from qualified and experienced firms to provide professional engineering services for PFAS source tracking and the near term and long term planning for treatment of PFAS at the Park Water Treatment Plant.

2. SCOPE OF WORK

A. Develop Capture Zone Analysis for the City Park wellfield using semi-analytical methods

(WHPA model or equivalent).

1. Delineate the capture zones for 1, 5, 10, and 20-year time-of-travel intervals.

2. Document model assumptions, input parameters, and results in a technical memorandum.

B. Develop groundwater flow model using WhAEM, Modflow, or another appropriate groundwater modeling platform.

1. Develop and calibrate the groundwater flow model using available hydrogeologic, pumping, and groundwater level data. Simulate groundwater flow conditions and delineate updated wellhead protection areas.

2. Work with MDE and City to update WHPA map(s) based on groundwater model and capture zone analysis.

3. Identify potential PFAS sources within the capture zones using available land use information, historical records, and known or suspected PFAS sources.

4. Evaluate potential groundwater migration pathways from identified potential sources to the City wellfield.

5. Provide electronic copies of the groundwater model, input files, and GIS mapping.

C. Based on groundwater flow model/capture zone analysis, develop and implement monitoring well network to provide early detection of PFAS migration toward the City Park wellfield.

1. Monitoring wells should be located at strategic locations and be primarily located on City property.

2. Evaluate the need for new monitoring wells and the usefulness of existing wells.

3. Prepare a monitoring network plan that addresses rationale for each recommended location, proposed screening intervals, sampling frequency, and PFAS analytical parameters.

4. Provide cost estimates to implement the monitoring well network plan including monitoring well installation, sampling, laboratory analysis, and long term operation and maintenance.

D. Provide recommendations for treatment of PFAS at Park Water Treatment Plant.

1. Recommendations to include initial capital cost, recurring annual costs, treatment effectiveness, operational complexity, constructability, lifecycle costs, and spatial requirements such as building requirements.

2. At a minimum, evaluate Granular Activated Carbon (GAC), Ion Exchange (IX), Reverse Osmosis (RO), and other emerging technologies deemed appropriate.

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3. Summarize the analysis and provide a recommendation in a technical memorandum.

E. Provide analysis of alternate sites for Park Water Treatment Plant.

1. Evaluate up to three (3) alternative sites for the Park WTP.

2. Alternative site analysis to account for floodplain impacts, Beaglin Park dam break analysis, access, utilities, available area, land ownership, constructability, and feasibility of connecting to existing water system.

3. Prepare planning level layouts for each site and develop budgetary cost estimates to use in the comparison of sites.

4. Provide a technical memorandum with supporting information to recommend a preferred site.

F. Final Technical Report and Implementation Plan

1. Prepare a final report summarizing the capture zone analysis, groundwater modeling, PFAS source evaluation, monitoring network recommendations, treatment evaluation, and alternative site analysis. The report shall include prioritized recommendations, an implementation schedule, planning-level cost estimates, and recommendations for future monitoring, treatment, and source investigation activities.

3. MORE INFORMATION

A. Include proposed schedule to complete the scope of work.

B. The City reserves the right to award this project in the best interest of the City. Once the lowest, responsive, responsible bidder has been determined, the bid package will be forwarded to Maryland Department of the Environment for approval for compliance with SRF program requirements.

C. A site visit to the Park Well Field can be coordinated by calling Water Plant

Superintendent Ron Clapper at 410-548-3199. Vendors will be permitted to tour the well sites and surrounding areas, but at no time is a Vendor allowed to obtain entrance to a well house without a prescheduled appointment to the location. No questions will be addressed during site visits. All questions must be submitted per Section I, Item (3)

Questions and Inquiries, no later than the deadline specified for questions.

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SECTION IV: EXPERIENCE, STAFFING AND QUALIFICATIONS

1. EXPERIENCE, STAFFING AND QUALIFICATIONS

A. Provide any other additional information that will document the Vendor’s qualifications and ability to provide the required services, including how you will keep cost and schedule performance within the project budget and on time.

B. Include at least three (3) but no more than five (5) recent examples of completed projects similar to this RFP. Include the name and telephone number of the client contact for each project.

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SECTION V: EVALUATION AND SELECTION PROCESS

1. EVALUATION

A. Proposals will be evaluated using the following criteria:

Maximum Possible Points

Criterion

30 The pricing in the proposal is competitive and reasonable, aligned with the scope of work and comparable to expected market rates for similar projects. There are no unexplained variances or ambiguities, providing clarity and transparency in the cost structure. The proposal offers good value for money, reflecting the vendor’s expertise and thoughtful approach. Additionally, it includes clear cost contingencies to mitigate the risk of unexpected increases, along with potential discounts, incentives, or cost-saving measures that enhance the overall value of the proposal.

25 The proposal demonstrates a clear understanding of the project’s scope and objectives, aligning the vendor’s approach with the City’s needs. Their methodology is practical and feasible, incorporating a commitment to sustainability and environmental responsibility. The vendor effectively identifies potential challenges and risks, proposing strategies to address them while showcasing innovative solutions tailored to the project requirements. Additionally, the vendor provides a detailed project management plan with key milestones and a realistic timeline, ensuring effective communication and coordination with the client and stakeholders throughout the project.

25 The vendor demonstrates relevant experience and qualifications through a team with a proven track record in similar projects and environments. Key personnel possess the necessary certifications and expertise, while subcontractors also contribute valuable experience. Financial stability is evidenced by strong financial statements, a history of sustainability, and the absence of significant financial risks. Additionally, the vendor holds all required licenses and certifications, ensuring compliance and readiness to execute the project effectively.

20 The vendor has demonstrated strong performance on previous contracts of similar size, scope, and complexity, consistently delivering projects on time and within budget while meeting quality standards. References provided speak positively about the vendor's reliability and effective communication, highlighting their commitment to strong customer service and collaboration. Any past issues, such as delays or cost overruns, have been addressed satisfactorily, showcasing the vendor's problem-solving capabilities. Additionally, a record of long-term client relationships and repeat business reflects the vendor’s trustworthiness and ability to maintain successful partnerships.

B. A Vendor’s final score will be the sum of each criterion’s points.

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C. After identifying the short list of the most qualified Vendor(s) based on the evaluation criteria, representative(s) may be required to clarify their Proposals by making individual presentations to the evaluation committee.

D. The method of procurement follows the Brooks Act which requires open competition by advertising, evaluation, ranking, selecting, and negotiating contracts based on demonstrated competence and qualifications for the type of engineering and design services being procured, and at a fair and reasonable price.

E. The City may enter into negotiations with the highest ranked Vendor. Negotiations may be in the form of face-to-face, telephone, facsimile, e-mail or written communications, or any combination thereof, at the City’s sole discretion.

THIS AND PRECEDING SECTIONS DO NOT NEED

TO BE RETURNED WITH SUBMITTAL.

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SECTION IV: REQUIRED FORMS

REQUIRED FORMS

Contract Number: ________________________________________

Date Submitted: ________________________________________

Printed Name: ________________________________________

Signature: ________________________________________

Company Name: ________________________________________

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EXCEPTIONS

The undersigned hereby certifies that, except as listed below, or on separate sheets attached hereto, the enclosed Proposal Document covers all items as specified.

EXCEPTIONS:

(If none, write NONE) _______________________________________________

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OWNERSHIP DISCLOSURE FORM

COMPANY NAME: __________________________________ TYPE OF COMPANY (circle one):

ADDRESS: __________________________________ *Sole Proprietorship

__________________________________ *Partnership

__________________________________ *Corporation

FEIN#: __________________________________ *Limited Liability Corporation

INSTRUCTIONS: Provide below the names, offices held and any ownership interest of all officers of the firm. If additional space is necessary, provide on an attached sheet.

OWNERSHIP INTEREST

NAME OFFICE HELD (Shares Owned or % of Partnership)

INSTRUCTIONS: Provide below the names, offices held and ownership interest of all individuals not listed above, and any partnerships, corporations and any other owner having a 10% or greater interest in the firm named above.

If a listed owner is a corporation or partnership, provide below the same information for the holders of 10% or more interest in that corporation or partnership. If additional space is necessary, provide that information on an attached sheet. If there are no owners with 10% or more interest in your firm, enter “None” below.

OWNERSHIP INTEREST

NAME OFFICE HELD (Shares Owned or % of Partnership)

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OWNERSHIP DISCLOSURE FORM – cont’d

COMPLETE ALL QUESTIONS BELOW

CERTIFICATION: I, being duly authorized, hereby represent and state that the information supplied above, including all attached pages, is complete and correct to the best of my knowledge. I acknowledge that the City of Salisbury is relying on the information contained herein and thereby acknowledge that I am under a continuing obligation from the date of this certification through the completion of any contracts with the City of Salisbury to notify the City in writing of any changes to the answers or information contained herein. I acknowledge that I am aware that it is a criminal offense to make a false statement or misrepresentation in this certification, and if I do so, I recognize that I am subject to criminal prosecution under the law and that it will also constitute a material breach of my agreement with the City of Salisbury and the City at its option, may declare any contract(s) resulting from this certification void and unenforceable.

PRINTED NAME: ________________________________________

SIGNATURE: ________________________________________

DATE: ________________________________________

WITNESS: ________________________________________

DATE: ________________________________________

1. Within the past five years, has another company or corporation had a 10% or greater interest in the firm identified above? (If yes, complete and attach a separate disclosure form reflecting previous ownership interests.)

2. Has any person or entity listed in this form or its attachments ever been arrested, charged, indicted or convicted in a criminal or disorderly persons matter within the State of Maryland, any other state or the U.S. Government? (If yes, attach a detailed explanation for each instance.)

3. Has any person or entity listed in this form or its attachments ever been suspended, debarred or otherwise declared ineligible by any agency of government from bidding or contracting to provide services, labor, material or supplies? (If yes, attach a detailed explanation for each instance.)

4. Are there now any criminal matters or debarment proceedings pending in which the firm and/or its officers and or managers are involved? (If yes, attach a detailed explanation for each instance.)

5. Has any federal, state or local license, permit or other similar authorization, necessary to perform the work applied for herein and held or applied for by any person or entity listed in this form, been suspended or revoked, or been the subject of any pending proceedings specifically seeking or litigating the issue of suspension or revocation? (If yes to any part of this question, attached a detailed explanation for each instance.)

YES NO

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CONTRACTOR’S AFFIDAVIT OF QUALIFICATION TO BID

I HEREBY AFFIRM THAT:

I, __________________________________, am the _____________________________

(Printed Name) (Title) and the duly authorized representative of the Contractor, whose name and address is (Name and Address of Corporation) and that I possess the legal authority to make this affidavit on behalf of myself and the Contractor for which I am acting.

A. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, §6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):

B. AFFIRMATION REGARDING OTHER CONVICTIONS

I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business’s contracting activities including obtaining or performing contracts with public bodies, has:

(1)Been convicted under state or federal statute of a criminal offense incident to obtaining or attempting to obtain, or performing a public or private contract, fraud, embezzlement, theft, forgery, falsification or destruction of records, or receiving stolen property;

(2)Been convicted of any criminal violation of a state or federal antitrust statute;

(3)Been convicted under the provisions of Title 18 of the United States Code for violation

RFP 27-103 Park Water Treatment Plant PFAS Study Page 24 of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §1961, et seq., or the Mail Fraud Act, 18 U.S.C. §1341 et seq., for acts arising out of the submission of bids or proposals for a public or private contract;

(4)Been convicted of a violation of the State Minority Business Enterprise Law, Section 14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(5)Been convicted of a violation of §11-205.1 of the State Finance and Procurement

Article of the Annotated Code of Maryland;

(6)Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsection (1), (2), (3),

(4) or (5), above;

(7) Been found civilly liable under a state or federal antitrust statutes for acts or omissions in connection with the submission of bids or proposals for a public or private contract;

(8)Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment):

(State “none” or, as appropriate, list any conviction, plea or admission described in Section B above, with the date, court, official or administrative body, the individuals involved and their position with the Contractor, and the sentence or disposition, if any.