CECIL COUNTY, MARYLAND

EPR: 20-03

“ELK RIVER DREDGING”

Cecil County, Maryland Purchasing Division

200 Chesapeake Blvd, Suite 1400 Elkton, MD 21921

PURCHASINGOFFICE@CCGOV.ORG 410-996-5395

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TABLE OF CONTENTS

PURPOSE............................................................................................................................................ 3 OBJECTIVE…………………………………………………………………………………………. 3 INQUIRIES………………………………………………………………………………………….. 3 METHOD OF SOURCE SELECTION……………………………………………………………... 3 PROPOSAL SUBMITTAL REQUIREMENTS…………………………………………………….. 3 SCOPE OF WORK……………………………………………………………………….................. 4 DIVISION 1 – GENERAL DESCRIPTION…………………………………………………………4 DIVISION 2 - DREDGING…………………………………………….……………………………11 DIVISION 3 – DREDGED MATERIAL PLACEMENT SITE……………………………………..16 QUALIFICATION / PROPOSAL TECHINCAL CONTENTS.......................................................... 18 EXAMINATION OF CONTRACT AND DATA…………………………………………............... 19 CONSTRAINTS ON THE SUCCESSFUL OFFEROR…………………………………………….. 19 VENDOR PERSONNEL REQUIREMENTS……………………………………………................ 20 RESPONSIBILITIES OF THE ORGANIZATION…………………………………..…….............. 20 INSTRUCTIONS FOR PROPOSAL……………………………………………………………….. 20 INSURANCE REQUIREMENTS…………………………………………………………………... 21 COMPLIANCE WITH THE RFP…………………………………………………………................22 REVISIONS DUE TO AMBIGUITY, CONFLICT OR OTHER ERRORS IN RFP10……………. 22 IMPLIED REQUIREMENTS………………………………………………………………………..22 PROPOSALS AND PRESENTATION COSTS……………………………………………………..22 ACCEPTANCE OF PROPOSAL CONTENT……………………………………………………….22 REJECTION OF PROPOSALS……………………………………………………………………... 22 EXCEPTION TO FORMAT………………………………………………………………………… 23 REQUESTS FOR CLARIFICATION……………………………………………………………..... 23 VALIDITY OF PROPOSALS………………………………………………………………………. 23 EVALUATION OF PROPOSAL AND AWARD…………………………………………………... 23 AWARD AND TERM………………………………. ………………………………………………25 TYPE OF CONTRACT……………………………………………………………………………....25 CONTRACT CONDITIONS………………………………………………………………………... 26 PROPOSAL PROTEST…………………………………………………………………………….. 26 ATTACHMENTS

#1: EXPEDITED REQUEST FOR PROPOSAL (ERFP)…………………………………...............27 #2: CERTIFICATION OF VENDOR’S QUALIFICATIONS…………………………………...… 28 #3: PROPOSAL COST SHEET……………………………………………………………………. 29 #4: INDEMNITY/HOLD HARMLESS AGREEMENT…………………………………………....33 #5: STATE OF MD SALES & USE TAX…………………………………………………………..34 #6: AGREEMENT OF TERMS & CONDITIONS………………………………………………… 35 #7: VENDOR CERTIFICATION…………………………………………………………………... 36 #8: AGREEMENT OF JURISDICTION……………………………………………………………37 #9: VENDOR RFP CHECKLIST…………………………………………………………………... 38

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I. PURPOSE: Cecil County, Maryland is requesting proposals and/or presentations that specialize in “ELK RIVER DREDGING” in accordance with Chapter 92 of the Cecil County Code and specifications as stated within the Scope of Work from qualified firms, individuals, etc. having specific experience identified in the Expedited Request for Proposal (ERFP). II. OBJECTIVE:

The objective of this Expedited Request for Proposal (ERFP) is for Cecil County, Maryland to select a VENDOR for “ELK RIVER DREDGING” as described in the specifications attached and any Federal, State and Local requirements. It is the intent of the Cecil County, Maryland to execute an agreement with the most qualified team that presents an economically viable proposal. To that end, Cecil County, Maryland supports and encourages the formation of teams that maximize the qualifications of the respondents in all aspects. The composition of the Respondent’s team or team configuration shall be clearly defined and stated within the proposal. The vendor shall be selected according to Best Value as determined by a select County Committee. III. INQUIRIES: All inquiries, questions, etc. concerning the ERFP shall be forwarded to Purchasing Office by e-mail to ckamit@ccgov.org or by calling 410-996-5395 or by mailing requests to the Purchasing Office, 200 Chesapeake Blvd., Suite 1400, Elkton, Maryland 21921. All questions shall be in writing. Any changes to the ERFP will be in writing, documented and forwarded to all participating vendors of the ERFP as soon as possible. Major changes or an excessive number of changes may result in cancellation of the existing ERFP. IV. METHOD OF SOURCE SELECTION: Cecil County, Maryland is required to adhere to the Cecil County Code, Section 92 Purchasing, concerning good public purchasing practices using a competitive process (ERFP). All available information may be reviewed on the Cecil County, Maryland website (www.ccgov.org). V. PROPOSAL SUBMITTAL REQUIREMENTS/FORMAT: Prospective packages shall be submitted in a sealed envelope clearly marked in the lower left-hand corner EPR 20-03; “ELK RIVER DREDGING” no later than 1:00 p.m. on July 31, 2019. A OPTIONAL PRE-PROPOSAL MEETING will be held on July 23, 2019 at 10:00 AM in the Bainbridge Conference Room, 200 Chesapeake Blvd., Elkton, MD. All proposals shall be delivered to the Purchasing Office, 200 Chesapeake Blvd., Suite 1400, Elkton, Maryland 21921. All material submitted will become the property of the Cecil County, Maryland and the only information available at the proposal opening will be the names of vendors submitting proposals. No facsimile of proposals will be accepted. All material considered Confidential or Proprietary shall be identified within the proposal.

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VI. SCOPE OF WORK:

SPECIAL PROVISIONS

DIVISION 1

GENERAL DESCRIPTION, SCOPE OF WORK AND SPECIAL CONDITIONS

1-1 DESCRIPTION

A. The Specifications and Drawings are intended to cover a complete project. It should be

distinctly understood that failure to mention any work which would normally be required to complete the project shall not relieve the Contractor of his responsibility to perform such work. The work to be done under this Contract includes, but is not limited to, furnishing all plant, materials, tools, equipment, transportation, management and labor necessary to perform all work in strict accordance with these Specifications and Drawings.

B. The work consists of the completion of the hydraulic channel dredging within Elk River approximately 6,245 feet long by fifty (50) feet wide to four (4) feet deep below Mean Low Water (MLW); and the transport and proper placement of approximately 16,875 CY (without overdredge) of dredged material at the Elk River Dredged Material Placement (DMP) Site herein described and located, or as directed by Cecil County (the County).

C. The work shall be done under contract to and the supervision of Cecil County Government. D. The work shall be complete in all its parts and ready for use in the time specified and in

strict accordance with the terms and conditions of the Contract. Any deviation shall be subject to the written approval of the County.

E. The Contractor shall follow the requirements of all the permits issued for the proposed

construction. F. The Contractor shall assume all responsibility for the project and construction site until

accepted by Cecil County Government. G. The Contractor shall be prepared to execute a finished project in every particular without

any extra charge, unless specifically provided for within the Contract.

H. The Special Provisions are supplemental to the Standard Specifications and form part of the Contract. In case of conflict between the Standard Specifications and these Special Provisions, the latter shall govern.

1-2 PROJECT SITE

A. The dredging site is located in between Scotland Point and Locust Point within the upper

Elk River in Cecil County, Maryland.

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B. The primary Dredged Material Placement Site is Elk River DMP Site. The existing Elk River DMP Site is located on County-owned property in Elk River Park, 32 River Bend Parkway, Elkton, Maryland.

C. All work performed in tidal waters shall be conducted by a Licensed Marine Contractor with the Marine Contractor’s Licensing Board (MCLB) in accordance with Chapter 286 of the 2010 Laws of the State of Maryland.

D. The Contractor, before submitting a proposal for this project, shall visit the construction

sites and thoroughly familiarize himself with all existing conditions above and below ground.

E. It is required that the Contractor, before entering private property, identify himself to the

property owners and secure their permission to enter the grounds. F. The Contractor shall satisfy himself as to the accuracy and completeness of these

Specifications and Drawings regarding the nature and extent of all work described. G. Because of the proximity of improved properties, the Contractor shall exercise extreme

care in all construction operations. The Contractor is not entitled to run any hydraulic piping across non-County owned land without the written approval of the adjacent property owner. Such written approval must detail the particular method of ingress and egress, placement of materials and equipment, etc., prior to beginning work. All work must be kept within the agreed upon limits under the terms mutually agreed upon.

H. The Contractor shall exercise extreme care in his construction operations. The Contractor

shall take all necessary precautions and measures to protect all improved properties and wetlands from damage. The Contractor shall secure the written approval of the property owners for the particular method of ingress and egress, place of storage of materials and equipment, etc., prior to beginning work. All work must be kept within these limits. The Contractor shall restore disturbed areas as specified in these Specifications and Drawings to the satisfaction of the property owners and/or County.

I. The existing bottom profiles, beach contour and/or bank alignment shown on the Drawings

was correct when surveyed. However, because of the interim erosion and littoral transport, the Contractor shall satisfy himself as to all conditions at the time of bidding this project and include in this proposal any changes that would be necessary to accomplish a complete and functional project.

J. The Contractor shall use the vertical survey control points shown on the Drawings for all

construction. No other datum or control points will be accepted. K. The Contractor shall take all necessary precautions and measures to protect all properties

from damage. He shall repair all damage caused by his operations to all public and private property including but not limited to piers, bulkheads, roads, walks, curbs, utilities, trees, shrubs, plantings, etc. and leave each property in good condition and/or at least equivalent to the condition found.

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L. Should there be any discrepancies between the Drawings, Specifications and/or field conditions after bidding and prior to the beginning of work, the Contractor shall bring such discrepancies to the attention of the County at the Pre-construction Meeting.

M. The Contractor shall, at all times, keep the premises free from accumulation of waste

materials and rubbish, surplus materials, etc., and shall leave the work area completely clean.

N. The work under this Contract includes all necessary items required for good, safe and

sanitary construction practices and administration of the project. These requirements are subject to the approval of the County.

O. The Contractor shall provide and maintain in a neat, sanitary condition such

accommodations for the use of his employees as may be necessary to comply with the requirements and regulations of the Health Department of Cecil County or other authorities having jurisdiction and shall commit no public nuisance.

1-3 CONTRACT DOCUMENTS AND SCHEDULE OF DRAWINGS

A. The Contract Documents consist of these Specifications and any and all subsequent

addenda or additions thereto and the Drawings as listed below.

B. The following list of drawings all dated June 2019, form a part of the Contract Documents:

Elk River Waterway Improvements, Sheets 1 through 9 of 9.

1-4 SPECIAL INSTRUCTIONS TO THE CONTRACTOR A. The Contractor shall videotape the project areas (dredging areas, Elk River DMP site,

access road, and pipeline route) prior to beginning work. The County shall be notified forty-eight (48) hours prior to the scheduled videotaping of the site and will have a representative present to identify other areas that may be affected by the proposed construction. The Contractor shall be responsible for the repair, replacement and/or reconstruction of any property destroyed or damaged as a result of this Contract. This shall include all public and/or privately constructed driveways, fences, bulkheads, piers, buildings, landscaping, utility lines and other permanent items. All claims will be verified by the County through the videotape log of the area. The videotape shall be submitted to the County prior to mobilization of any equipment for the Contract.

B. Prior to construction the Contractor shall conduct a general cleanup of the sites to include fallen tree limbs, glass and other debris and shall dispose of all debris off site.

Furthermore, the Contractor shall, at all times, keep the construction areas, used by him, free from accumulations of waste materials or rubbish, and prior to completion of the work, remove any rubbish from the premises and all tools, equipment and materials not the property of the County. Upon completion of the construction, the Contractor shall leave the work and premises in a clean, neat and workmanlike condition satisfactory to the County.

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C. The Contractor shall be responsible for immediately removing any and all debris

introduced into the waterway as a result of any construction activities and ensuring all debris is disposed of properly.

D. The base bid is a lump sum. For contingent items, where unit prices apply, the Contractor must have written approval of the County before proceeding with the item.

E. Due to uncontrollable conditions that may occur, the County reserves the right to increase or decrease the quantity of excavation or any item of work to be completed under this contract by not more than 25 percent of the total original bid.

F. For the purpose of this Contract, extra work shall be considered work ordered by the

County, in writing, above the contingent quantities and allowable increases of bid items as specified herein, in accordance with the unit price specified. The Contractor must obtain written approval by the County Project Manager before undertaking any work involving extra cost. Problems or changed conditions must be called to the attention of the Inspector or the Project Manager immediately.

G. The Contractor shall call Miss Utility and determine the specific location of all utilities, above and below ground, and shall take whatever precautions are necessary to prevent damage to them during construction. If any utilities are damaged due to construction activities, the Contractor shall make all necessary repairs prior to the completion of the project, at his own expense.

H. Extreme care shall be exercised when transporting heavy equipment and materials to the

project sites. Any damage to public or private roads, sidewalks, and other paved areas caused by the Contractor’s negligence shall be repaired by the Contractor prior to the completion of the project and at his own expense. The repair shall be to a condition equal to or better than existing at the time of Award of Contract as required by the County.

I. All construction and dredging activities shall be carried out in strict conformance with the day/night noise standard prescribed by Maryland Department of Environment (MDE), Title 26, Control of Noise Pollution (26.02.03).

J. The Contractor shall maintain suitable traffic safety signs, equipment and manpower to

provide traffic control as required by the County. The Contractor shall provide all labor and equipment to maintain the roadways and keep roadways free of dirt and/or debris as specified and as directed by the County.

K. The Contractor will be required to restore any area(s) and/or utilities disturbed during construction, prior to the completion of the project, to a condition equal to or better than that which existed at the time of Award of Contract.

L. The Contractor must comply with all requirements of the Contract Documents and permits.

Copies of the U.S. Army Corps of Engineers Permit and Maryland Department of Natural Resources Wetlands License are provided in the Appendix for convenience. The Contractor should become familiar with these documents and satisfy himself that there are

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no conflicts. If any conflict is found, it should immediately be brought to the attention of the County.

M. The Contractor is made aware that copies of any construction permits are required to be available at the construction sites. They are included for the Contractor’s convenience, compliance and guidance. The engineering sketches and notes are approximate and suitable only for permit purpose. The Contractor shall attach no significance to volume mentioned in these permits. The Contractor shall compute his own volumes as hereinafter specified.

N. The Contractor shall obtain insurance for his workers as specified by the Longshoreman’s

and Harbor Worker’s Compensation Act. In addition, the Contractor shall furnish a “Certificate of Insurance” for Marine Compensation Insurance.

O. Time of Year Restrictions dictate that no dredging shall be performed between February 15

through May 31, inclusive of any year, for the entirety of Elk River Channel. Additionally, no dredging shall be performed between November 15 through May 31, inclusive of any year, from Elk River Channel Sta. 28+31 to Sta. 80+91. All dredging shall be completed no later than February 14, 2020. If the Contractor does not complete the dredging operation by February 14, 2020, he shall return to the site the following dredging season to complete the dredging at no additional cost to the County.

P. The Cecil County Standard Specifications and Standard Details apply to any work not

specifically covered in the Special Provisions or on the Drawings. Sometimes the conditions of the project may require a slight modification to the Standard Specifications or Details. If this appears to be the case, the Contractor should consult the County.

Q. The Contractor must submit a satisfactory construction schedule before starting work. The

County must be notified ten (10) days prior to the start of work. R. The Contractor is responsible to make all necessary notifications required by the Drawings,

Specifications and Permits. This shall include, but not be limited to, notifying the following agencies: Cecil County County Department of Public Works, Sediment Control Inspector (410-996-5265), U.S. Army Corps of Engineers (410-962-4252), and Maryland Department of the Environment, Enforcement Division (Central No. 410-537-3510). The Contractor must also call Miss Utility (1-800-257-7777) to identify any utilities on the site before starting work. Written notification is to be made ten (10) days prior to starting work.

S. There shall be a Pre-construction Meeting before the work is started. At that time,

requirements for sediment and erosion will be discussed in detail. The Contractor is responsible for any sediment and erosion control measures required by regulatory authority regardless of whether or not they are explicitly stated in the Contract Documents. Sediment and erosion control measures must be in place and approved by Cecil County Department of Permits and Inspections before the work is started.

T. The Contractor must be sensitive to the community and adjacent property owners. The

Contractor shall immediately advise the County of any problems involving a community or property owner.

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U. The Contractor shall be fully and solely responsible for the protection of the public from any construction activities or unfinished work areas. The Contractor shall erect barricades and post warning signs indicating that the construction area is restricted to Contractor personnel only.

V. SEDIMENT CONTROL: Sediment control will be provided by the measures shown on the Drawings. The Contractor shall regularly inspect the sediment control devices and perform any maintenance required during the contract period. The Contractor shall complete all work in accordance with the “2011 Maryland Standards and Specifications for Soil Erosion and Sediment Control,” and updates to the handbook, and the approved Drawings.

W. The Contractor shall be responsible for protecting the structural integrity of existing piers,

mooring piles, aids to navigation, bulkheads, etc. in the vicinity of the dredging project.

X. Contractor shall submit a Dredging Operations Plan to Maryland Department of the Environment and the Army Corps of Engineers detailing any additional work and/or structures/fill in waters of the U.S. for hydraulic dredging (e.g. pilings, pipelines, barges, etc.) operations.

Y. NOTIFICATION OF THE COAST GUARD: Prior to commencement of work on this

contract, the Contractor will be required to notify the Commander, Fifth Coast Guard of his intended operations to dredge and request that it be published in the Local Notice to Mariners. This notification must be given in sufficient time so that it appears in the Notice to Mariners at least one (1) week prior to the commencement of this dredging operation.

Z. AIDS TO NAVIGATION: The Contractor shall coordinate with the USCG or the Department of Natural Resources (DNR) regarding temporary relocation of aids to navigation to support the dredging operation. It may also be required that the Contractor contact the National Oceanic and Atmospheric Administration (NOAA), National Ocean Survey, when aids to navigation are relocated so that the aids are properly marked on the appropriate nautical chart. The National Ocean Survey may be contacted at:

NOAA, National Ocean Survey Marine Chart Division

Nautical Data Branch (N/CS26) Station 7350

1315 East-West Highway Silver Spring, Maryland 20910-3282

Attn: Chief, Nautical Data Branch

Department of Natural Resources Hydrographic Operations

580 Taylor Ave Annapolis, Maryland 21401

410.643.6521 Attn: Ann Williams

AA. CHANNEL TRAFFIC: Channel traffic consists of recreational and commercial craft. Cecil County will not undertake to keep the channel free from vessel or other traffic. The Contractor will be required to conduct the work in normal navigational conditions. The Contractor will be required to conduct the work in such manner as to obstruct navigation as little as possible. Upon completion of the work, the Contractor shall promptly remove his plant, including ranges, buoys, piles, and other marks placed by him under the Contract in navigable waters or on shore.

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BB. The Contractor shall protect existing bulkheads, including their anchorage systems, against damage at all times.

1-5 PERMITS

The Contractor shall adhere to all the terms of the various permits issued to this project. This shall include permits from the U.S., Army Corps of Engineers (USACE), the Maryland Department of the Environment (MDE), Cecil County, and any other applicable permits. USACE and MDE permits and approvals will be provided to the Contractor prior to initiation of work.

1-6 WAGE RATES

The Contractor specifically agrees to conform to all provisions of the Labor Law of the State of Maryland applicable to the employment of labor at the site of the project. Prevailing wage rates will apply if the contract amount is $500,000 or more.

END OF SECTION

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SPECIAL PROVISIONS

DIVISION 2

DREDGING

2-1 SCOPE

The work to be done under this Section includes furnishing all plants, materials, tools, equipment, transportation, management and labor necessary to perform all work in strict accordance with these Specifications and Drawings for hydraulic dredging of Elk River including transporting and placing the dredged material at Elk River DMP Site.

2-2 DREDGING A. Prior to initiation of the dredging work, the County will stakeout the limit of the dredging

area for the channel.

B. Depth: The areas specified on the Drawings shall be dredged in such a manner that, upon completion of the Contract work, post dredge surveys conducted by the County or its agent shall show the minimum depth required by the Drawings. It shall be the Contractor’s responsibility to verify character, quantity and quality of the material to be dredged before submitting a proposal. The dredged material quantities shown in the documents are approximations only, and differences between those and the Contractor’s measured quantities shall not be cause for a cost extra.

Depths and elevations shall be measured from Mean Low Water (MLW) with MLW understood to mean zero depth and zero elevation. The dredging sites’ benchmark (B.M.) shown on the Drawings has been related as closely as is possible to MLW. The Contractor shall understand before submitting his bid that this benchmark shall be the sole datum for measuring the Contract work and that no other benchmarks, which may be found in the project areas shall be used.

C. To cover the inaccuracies of the dredging process, the Contractor may elect to dredge deeper than the required minimum depth up to 0.5 foot maximum. It shall be understood that the Contractor has included this excess in his lump sum bid and that no additional payment shall be allowed. Dredging deeper than 0.5 feet below the design channel bottom will not be permitted. The Contractor shall take all measures necessary to ensure that no dredging is performed more than 0.5 feet below the design channel bottom. Any contiguous areas greater than 5,000 SF that are dredged or become deeper than 0.5 feet below the design depth as a result of Contractor’s operations including tugboat and barge traffic, will be quantified based on post-dredge surveys performed by the County and considered unauthorized dredging. If the Contractor disregards the restrictions stated above, he shall be responsible for removing excess dredged material from the DMP site upon completion of the dewatering operation and shall dispose of the excess material off-site at an approved disposal facility secured by the Contractor. The Contractor shall incur all costs associated with disposal of excess dredged material off-site. The Contractor

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may also be required to fill the excess cut areas with clean sand to bring the elevation to within design requirements at no cost to the County. The channel width may not be exceeded.

D. Side Slopes: Each channel shall be dredged to the bottom depth, width and length

specified on the Drawings. The side slopes shall be dredged or allowed to slough to produce a resultant rise from the dredged bottom on a slope no steeper than one (1) foot vertically to three (3) feet horizontally.

E. Post-Dredge Survey: The County or their assignee shall perform a post-dredged sounding

survey to determine satisfactory compliance and final acceptance of this project for payment. The Contractor should notify the County at least five (5) days prior to the anticipated completion date.

F. Obstruction of Dredged Area: The property owners and/or County will not undertake to

keep the area free from vessels or other obstructions, except to the extent of such regulations, if any, as may be prescribed by the Secretary of the Army, in accordance with the provisions of the Rivers and Harbors Appropriation Act of 1899 as amended. The Contractor will be required to conduct the work in such manner as to obstruct navigation as little as possible, and in case the Contractor’s equipment so obstructs the waterway as to make it difficult or endanger the passage of vessels, said plant shall be promptly moved on the approach of any vessel to such extent as may be necessary to afford a practicable passage. Upon completion of the work, the Contractor shall promptly remove his equipment, including ranges, buoys, piles and other markers placed by him under the Contract in navigable water or on shore.

G. Pumping of Dredged Material: No dredging shall take place until the DMP site has been

inspected and prepared to receive material. The dredged material shall be continuously piped from the dredge and hydraulically transported via a High-Density Polyethylene (HDPE) Pipe for placement within the DMP site. Any dredge pipe other than HDPE shall be subject to approval by the Engineer. The use of natural or artificial flumes outside the placement area to assist in dredged material transport shall not be permitted. The HDPE dredge pipe shall discharge into Elk River DMP site at the location designated by the County and/or Engineer. The pipeline shall be placed only within the approved locations. The dredge pipeline is to have watertight joints to prevent leaks of material. The Contractor shall not block natural or artificial channels, streams, gullies, ditches, other drainage courses, roads or other installations with dredged material overflow. The dredged material is to be pumped into the DMP Site with effluent flow directed toward the weir box. As deposits build up, pipe extensions are to be added and/or the inflow pipe shall be moved and pumping continued. When this location has become filled, the discharge pipe location is to be moved to an unused area and the same procedure followed. The discharged dredged material shall be evenly distributed throughout the DMP Site without scouring or undercutting of the perimeter dikes. Capacity at the DMP site is limited and it may be necessary to operate the dredge intermittently in order to properly place material at the DMP site and achieve water quality requirements. Maximum inflow rate into the DMP Site shall be less than 4,500 GPM.

H. Booster Pump: If required, a booster pump shall be installed in the hydraulic line carrying the dredged material to the DMP Site. Such a booster pump shall be designed by the

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Contractor for its intended use, comply with all applicable codes and be installed by the Contractor, all at no additional cost to the County. Its location shall be approved by the County and/or Engineer.

I. Surveillance of Operations: The Contractor shall maintain continual surveillance of the

dredge pipeline, Elk River DMP site and the outfall pipe. The DMP site shall be monitored twenty-four (24) hours per day, seven (7) days per week until initial dewatering of the dredged material is completed (i.e. depth of free-standing water at weir box less than 0.5 feet). If the situation arises that could lead to a potential leak of dredged material, then the Contractor shall immediately cease operations and remedy the situation. If such occurs, the Contractor shall take immediate steps to remove the dredged material from the water, and from all non-approved areas and return same to the DMP Site. Included in the lump sum bid shall be the cost providing and maintaining through the completion of the job all dikes, embankments with associated installations such as weirs for confinement of the dredged material within the designated areas. When notified by the County and/or Engineer, either to his office or his foreman at the job site, of any violation of the foregoing provisions, the Contractor shall take immediate corrective action. Should the Contractor refuse or fail to promptly correct such violation, the County will order all or part of the work stopped pending correction. The Contractor shall not claim or be entitled to an extension of Contract completion time, excess costs or damages due to time lost by such a stop work order.

J. Radio Contact: Any floating equipment used to perform the authorized construction shall be equipped with bridge-to-bridge radio telephone equipment, so they may communicate with passing vessels. The radio telephone equipment shall operate on a single channel very high frequency (VHF), FM, on a frequency of 156.65 MHZ per second, with low power output having a communication range of approximately ten (10) miles. The Contractor shall maintain continuous radio contact between the dredge and the DMP site throughout the pumping operations. The Contractor shall provide the County Inspector with a radio for communications with the dredge.

K. Signal Lights: The Contractor shall display signal lights and conduct his operations in

accordance with the General Regulations of the Department of the Army and of the Coast Guard governing lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed, excavators, and vessels engaged in submarine or bank protection operations, lights and day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel, and the passing by other vessels of floating plant working in navigable channels, as approved by the Secretary of the Army, (Title 33 C.F.R. 201.1-201.16) and Commandant, U.S. Coast Guard, (Title 33 C.F.R. 80.18-80.31a and 95.51-95.70).

L. The Contractor shall at all times hold the maximum water level in the pond to a three (3)

foot minimum level below the lowest elevation of the dike. The Contractor shall control dewatering of the DMP site by the gradual removal of the flashboards on the outlet box. The Contractor shall submit his proposed pumping rates and schedule to the County and/or Engineer prior to the start of dredging operations.

M. Should the Contractor dredge to a depth greater than that shown on the Drawings in the

vicinity of existing bulkheads and piers, he shall be responsible for any additional costs

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required to reconstruct and/or reinforce the structures as directed by the County and/or Engineer. All costs associated with this work shall be borne solely by the Contractor.

N. In an attempt to protect cultural resources, the Contractor shall limit bottom impacts to

within the Area of Potential Effect (A.P.E.) as shown on the Drawings. No bottom impacts will be allowed outside of the A.P.E. The A.P.E. is defined by a 150’ wide path encompassing the dredging channel and a path continuing from Sta 80+91 to the Elk River Park Boat Launch.

O. Misplaced Equipment: Should the Contractor, during the progress of the work, lose,

dump, throw overboard, sink, or misplace any equipment, machinery, or appliance, which in the opinion of the County may be dangerous to or obstruct navigation, the Contractor shall remove the same with the utmost dispatch. The Contractor shall give immediate notice with description and location of such obstructions, to the County or Inspector, and shall mark or buoy such obstructions until the same are removed. Should he refuse, neglect, or delay compliance with the above requirements, such obstructions may be removed by the County, and the cost of such removal may be deducted from any money due or to become due to the Contractor or may be removed under his bond. The liability of the Contractor for the removal of a vessel wrecked or sunk without fault or negligence shall be limited to that provided in Sections 15, 19 and 20 of the River and Harbor Act of March 3, 1899.

P. Inspection: The work will be conducted under the general direction of the County and is

subject to inspection as provided in the Contract, but the presence of the inspector shall not relieve the Contractor of responsibility for the proper execution of the work in accordance with the Specifications. The Contractor will be required:

1) To furnish, on the request of the County or any inspector, the use of such boats,

boatmen, laborers, and material forming a part of the ordinary and usual equipment and crew of the plant as may be reasonably necessary in inspecting, examining partially completed work, and supervising the work.

2) To furnish, on the request of the County or any inspector, suitable transportation from all points on shore designated by the County to and from various pieces of plant, and to and from the placement area(s).

Should the Contractor refuse, neglect, or delay compliance with these requirements, the specific facilities may be furnished and maintained by the County and the cost thereof will be deducted from any amounts due or to become due the Contractor.

Q. Examination and Conditional Acceptance: As soon as practicable after the completion

of the dredging operations, the County will thoroughly examine the site of the work, by sounding or by sweeping, to determine whether the work has been done in accordance with these Specifications and a conditional acceptance will be issued. Immediately after the site and vicinity of the work are found to be in satisfactory condition, the disposal and restoration has been completed in accordance with these Specifications, and there are no outstanding issues, the dredging work will be finally accepted by the County.

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2-3 DREDGED MATERIAL PLACEMENT A. General: The Contractor shall provide all labor, material and equipment necessary to

transport and place the dredged material at the Elk River DMP site. Low ground pressure grading equipment shall be provided at the DMP site as required to grade material accumulated near the inflow pipe and to control and direct flow from the inflow pipe as directed by the County.

B. The Contractor shall take all necessary precautions to avoid damage to the existing containment dike.

C. The Contractor shall place the inflow pipe at the location shown on the Drawings. The Contractor shall have sufficient pipe, equipment, materials and personnel on site to relocate the inflow pipe within the DMP area as directed by the County.

D. The Contractor shall monitor effluent water quality during dredging. If the effluent suspended solids concentration increases above acceptable limits (150 NTU), discharge must cease and the ponding depth should be increased by raising the elevation of the weir crest. However, if the weir crest is at the maximum ponding elevation and the effluent quality is still unacceptable, the flow of dredged material into the basin should be decreased by operating the dredge intermittently. The Contractor shall maintain a minimum of three-foot freeboard.

E. DMP Site Dewatering: The Contractor shall, at all times, hold the maximum dredged material level in the pond to at least three (3) feet below the lowest elevation of the dike. At the completion of dredging operations, the Contractor shall continue monitoring water quality of the effluent. Ponded water must be removed to promote drying and consolidation of the dredged material. The flash boards at the weir crest shall be removed one row at a time to slowly decant the ponded water. A row of boards should not be removed until the water level is drawn down to within two inches of the weir crest. This process should be continued until the water level is within six (6) inches of the dredged material at the weir structure.

F. The Contractor shall closely coordinate activities with the County. The Contractor shall place dredged material within the DMP Site as directed by the County.

2-4 WORKING TIME

The Contractor shall be allowed to work the dredging aspect of this Contract twenty-four (24) hours a day, seven (7) days a week.

2-5 MEASUREMENT

Measurement and Payment for mobilizing and demobilizing of equipment shall be included under the lump sum bid price for Bid Item 1: Mobilization/Demobilization. Measurement and Payment for the dredging of Elk River and placement of dredged material at the Elk River DMP Site shall be included under the lump sum bid price for Bid Item 2: Dredging.

END OF SECTION

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SPECIAL PROVISIONS

DIVISION 3

DREDGED MATERIAL PLACEMENT SITE 3-1 SCOPE

The work to be performed under this section includes inspection, repair, preparation and controlled dewatering and grading of the existing prior approved DMP site.

3-2 INSPECTION Prior to the start of dredging, Contractor shall inspect the existing DMP site, including cells, timber weir boxes, pipes and outfall facilities. Contractor shall ensure all components of the DMP site are in working order and in satisfactory condition to perform as intended.

3-3 PREPARATION Contractor shall perform repairs to the weir box as shown on the Drawings. Prior to placement, the Contractor shall wrap the weir box with impermeable liner to provide a water-tight seal below the maximum weir elevation. Contractor shall ensure the site is fully functional prior to commencement of dredging.

3-4 DEWATERING

Upon completion of the dredging operations, the site shall be dewatered in a controlled manner by gradually removing the gate risers from the weir box (flash boards from the outlet box). Contractor shall regrade hydraulically placed dredged material as necessary to ensure positive drainage and eliminate pockets of standing water. Dewatering of the site shall be carried out in a manner such that the suspended solids content in the discharge from the DMP Site shall not exceed 150 NTU in either the dredging or dewatering phase of the project. Once dewatered, the site shall be left in a positive drain condition to allow the dredge material to settle and dry. If the Contractor is not able to maintain water quality using standard means and methods for dewatering of dredged material, the County may direct the Contractor to introduce a polymer into the slurry to promote flocculation.

3-5 MEASUREMENT AND PAYMENT

The Contractor will include all associated costs with the disposal site inspection, preparation, repairs and dewatering in this lump sum bid price for Bid Item 3: Dredged Material Placement Site. If the County directs the Contractor to use a polymer to coagulate the sediment in order to maintain water quality standards, measurement and payment of the polymer shall be included in the unit price for Contingent Item 3: Treatment of Effluent.

END OF SECTION

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Evaluation and Selection Procedures

A. Proposal Requirements

Respondents shall submit one original, one copy, and one electronic copy of their Proposal, to the Cecil County Purchasing Agent.

Please note that your proposal, if considered responsive, will be rated against other responsive submissions and by the evaluation criteria described under section B.

B. Evaluation Criteria

The evaluation criteria below are intended to be the basis by which each proposal shall be evaluated, measured and ranked. Cecil County hereby reserves the right to evaluate, at its sole discretion, the extent to which each proposal received, compares to the said criteria and to each other. The recommendation of the proposal review committee shall be based on the evaluations using the following criteria:

1. Technical Criteria: Weighted at 50%

Based on the review of documentation provided by the Contractor

2. Price Criteria: Weighted at 30%

Cecil County may request additional information or clarification of proposals and reserves the right to select the particular response to this ERFP, which it believes will best serve its business and operational requirements, considering the evaluation criteria set forth above.

Additionally, Cecil County hereby reserves the right to solicit best and final offers only from a short list of respondents receiving the highest evaluated ratings.

3. Ability to Meet Schedule 20%

C. Evaluation Procedure

1. The proposal review committee will review and evaluate all proposals received in response to this ERFP. The proposal review committee may require oral presentations from a short list of respondents judged to be reasonably susceptible of being selected for award.

2. Negotiations: Cecil County reserves the right to enter into negotiations with the respondents

regarding questions about the technical and financial proposals and resolve differences. Cecil County reserves the right to solicit a best and final offer from each remaining respondent

3. Discretion in Determining Deviations and Compliance: Cecil County reserves the right to determine which respondents have met the minimum basic requirements of this ERFP. Cecil County shall have the sole right to determine whether any deviation from the requirements of this ERFP is substantial in nature, and Cecil County may reject in whole or in part any and all proposals, waive minor irregularities, and negotiate with all responsible respondents in any matter deemed necessary to serve the best interest of the court

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4. Cecil County reserves the right to rank and select multiple contractors for this work. Contractors selected will be one Primary contractor and up to three Secondary contractors. Secondary contractors will be offered work, in the order of ranking, in the event the Primary contractor is unable to perform the required work in a timeframe acceptable to Cecil County.

CONTRACTOR’S RESPONSIBILITY

A. It shall be the Contractor’s responsibility to schedule and coordinate all work to be performed under this Contract and to insure continuous and smooth operations of the work and completion within the times specified in the proposal.

B. The Scope of Work is intended to cover the complete project. It shall be distinctly understood that failure to mention any work, which would normally be required to complete the project shall not relieve the Contractor of his responsibility to perform such work.

C. The Contractor shall supply all labor, forms, equipment, materials, insurance, permits, etc., necessary to perform the mentioned work. Owner has the option of providing materials at owner’s expense.

D. It is the Contractor’s responsibility to perform all work in a professional manner and maintain high quality.

VII. QUALIFICATIONS/PROPOSAL TECHINICAL CONTENTS The response to this ERFP should be concise, and focused. The proposal must indicate specifically which Project team member is responsible for the work proposed. To aid in the comparative evaluation of proposals, please include the following: 1. Introduction (two pages).

a. Name, address, phone, and fax number of firm b. Brief background history of the firm c. Services offered by firm d. Location of office from which this contract will be administered e. The name of the principal in charge for this contract

2. Firm’s record of performance and demonstrated ability, knowledge, and experience.

a. Describe the organization and management team for this Project. (one page) b. Identify each key team member and other specialty members employed or contracted by the

firm for this Project, and identify the person who will be the daily point of contact for communications. Cecil County requires that Project team members are not to be replaced without prior consent of the County. (one page)

c. Provide name of Professional Air Compliance Engineer licensed in the State of Maryland that will perform work associated with air compliance activities and reporting.

3. Provide a brief description of similar type projects and the familiarity with Cecil County (two pages) 4. Provide information on the technical expertise and familiarity of the Firm/Project Team listed in this

proposal on the items described under Scope of Work and any other factors that demonstrate the firm’s ability to provide the requested services. (two pages)

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5. Provide a list of References who have personal knowledge of the prime consultant’s and all sub-consultants’ previous performance.

a. Provide three (3) client references each for the prime and all sub-consultants. The references must include verified addresses and telephone numbers, contact persons, and a brief description of services that have been provided similar to those described by Cecil County to this project.

b. References shall be shown on separate sheets (limited to one (1) single-sided sheet per firm; one (1) sheet for the prime and one (1) sheet for each sub proposed).

The County does not set DBE/MBE requirements but fully encourage minority business participation with all contracted services.

VIII. EXAMINATION OF CONTRACT AND DATA Before submitting proposals, prospective Proposers shall carefully examine the Proposed Contract Documents, , acquaint themselves with all governing laws, ordinances, etc. and otherwise thoroughly familiarize themselves with all matters which may affect the performance of the work. The act of submitting a proposal shall be considered as meaning that the Proposer has so familiarized himself and, therefore, no concession will be granted by the County because of any claim of misunderstanding or lack of information. Proposers are expected to read and study all specifications with special care and to observe all their requirements. Discrepancies, ambiguities, errors or omissions noted by Proposers should be reported promptly to the County for correction or interpretation before the date of the opening of proposal. IX. CONSTRAINTS ON THE SUCCESSFUL VENDOR:

VENDOR’S RESPONSIBILITY It shall be the VENDOR’s responsibility to schedule and coordinate all work to be performed under this Contract to insure continuous and smooth operations of the work and completion within the times specified in the proposal. The Scope of Work is intended to cover the complete project. It shall be distinctly understood that failure to mention any work, which would normally be required to complete the project, shall not relieve the VENDOR of his responsibility to perform such work.

ANNULMENT OF CONTRACT

Should the VENDOR fail to fully satisfy the customer, or to comply with orders of the County, or to perform anew such work that has been rejected as defective and unsuitable, or if the VENDOR shall become insolvent or be declared bankrupt or shall make an assignment for the benefit of creditors or from any other cause shall not carry on the work in an acceptable manner, the County shall have the right to annul its Contract and all Departmental Contracts at the County’s convenience.

PERSONAL LIABILITY OF PUBLIC OFFICIALS In carrying out any of the provisions of this Contract or in exercising any power of authority granted herein, there shall be no personal liability upon the County or its authorized assistant, it being understood that in such matters he acts as the agent or representative of the County.

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X. VENDOR PERSONNEL REQUIREMENTS:

AFFIRMATIVE ACTION POLICY In accordance with Cecil County’s Affirmative Action policy against discrimination, no person shall, on the grounds of race, color, creed, religion, sex, age marital status, national origin, handicap or disability, be excluded from full employment rights in, participation in, be denied the benefits of, or be otherwise subjected to discrimination. During the performance of the work and services hereunder, the VENDOR, for themselves, their assignees and successors in interest, agrees to comply with all federal, state and local non-discrimination regulations.

RESPONSIBILITY FOR COMPLETE PROJECT It is the responsibility of the VENDOR to perform the work under this Contract. If mention has been omitted in the Contract Documents of any items of work or materials usually furnished or necessary for the completion or proper functioning of the equipment, it will be included by the vendor without extra payment.

DISADVANTAGED BUSINESS ENTERPRISE PROGRAM The County promotes policies which assure and encourage the full participation of Disadvantaged Business Enterprises (DBE) in the provision of goods and services. Disadvantaged Business Enterprises, as defined in 49 CFR 23, shall have equal opportunity to compete for and perform subcontracts which the Consultant enters into pursuant to this contract. The Consultant shall use their best efforts to solicit bids from and to utilize DBE sub-Consultants or sub-Consultants with meaningful minority group and female representation among their employees.

LICENSES AND CERTIFICATES:

The County reserves the right to require proof that a Prospective Consultant is an established business operating in compliance with the law. It shall be the sole responsibility of the awarded Consultant to ensure all sub-Consultants minimally meet the requirements as agreed upon and as stated within this RFP. Each Prospective Consultant shall be licensed and qualified to do business in its area of expertise. Each firm shall submit with their proposal a copy of, and maintain the appropriate licenses and certificates during the term of any resulting contract, and any extensions. XI. RESPONSIBILITIES OF THE ORGANIZATION:

METHOD OF PAYMENT All invoices shall be reviewed and approved by a VENDOR’s representative and the County’s representative before submission. All invoices must be submitted to the Cecil County Department of Parks and Recreation, 200 Chesapeake Blvd., Suite 1200, Elkton, MD. 21921. XII. INSTRUCTIONS FOR PROPOSAL: Proposal shall be submitted in a sealed envelope addressed to:

Cecil County Purchasing Office 200 Chesapeake Blvd., Suite 1400

Elkton, Maryland 21921

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The VENDOR’s name and address shall appear in the upper left hand corner of the proposal envelope with the job name and contract number appearing in the lower left hand corner of the envelope. Proposal will be submitted in an orderly format divided into section and tabbed as appropriate. The VENDOR shall submit minimally one (1) original, one (1) copy and one (1) electronic copy (PDF copy on disc or thumb drive) of the proposal. Failure to submit a proposal in this manner may be considered cause for rejection of the proposal as determined by the Cecil County, Maryland. XIII. INSURANCE REQUIREMENTS:

• WORKER’S COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE

(a) The Consultant shall take out and maintain during the life of the Contract the Statutory Worker’s Compensation and Employer’s Liability Insurance for all of his employees to be engaged in work on the project under the Contract. (b) In case any portion of the project is sublet, the Consultant shall require all of the sub-Consultants similarly to take out and maintain during the entire life of the Contract the Statutory Worker’s Compensation and Employer’s Liability Insurance for all of their employees to be engaged in work in the project under the Contract. (c) The Consultant and the sub-Consultant shall not begin work until the Consultant has first filed with the County satisfactory evidence that insurance of the above nature is in full force and effect (receipt of Certificate of Insurance naming the Cecil County, Maryland as an “Additional Insured.”)

• INSURANCE REQUIREMENTS FOR VENDORS AND SUBCONSULTANTS:

All vendors or Consultants who perform any type of work or service on Cecil County, Maryland

property or in areas where the County is responsible or liable must maintain such insurance coverage(s) as determined by the County to protect the County’s interest(s). The following coverage and amount are generally required, but the County reserves the right to modify these requirements at its discretion or reject any insurance policies which do not meet these criteria.

• General Liability Insurance not less than $1,000,000 per occurrence and $2,000,000 aggregate. Coverage shall not contain any endorsement(s) excluding or limiting products/completed operations, contractual liability or cross liability. The County must be named insured and a certificate of insurance must be provided.

• Workman’s Compensation Insurance at minimum Maryland Statutory Limits. • Business Auto (includes trucks) Liability insurance not less than $1,000,000 per occurrence for all

leased, owned, non-owned and hired vehicles when vehicles are utilized to perform the work or services required by the County.

• Professional liability insurance of not less than $3,000,000 The proposer will provided a "copy" of a "Certificate of Insurance" demonstrating that they have the insurance coverage required by this contract. Prior to award the Consultant shall provide a "Certificate of Insurance" naming Cecil County, Maryland as an "Additional Insured" and showing the levels of Worker’s Compensation and all Liability Coverage. No purchase order will be released until a valid certificate(s) of insurance evidencing all required insurance coverage and documentation is provided to the Purchasing Office. Professional liability insurance is

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applicable and required for each contract involving professional or technical services as defined in Chapter 92 of the Code of Cecil County. This includes, but is not limited to services provided by accountants, architects, actuaries, engineers, lawyers and physicians. All Consultants performing services for Cecil County, Maryland are required to provide notification of Certificate of Insurance cancellation 30 – 60 days prior to cancellation. XIV. COMPLIANCE WITH THE ERFP: All proposals submitted shall be in strict compliance with the ERFP and failure to comply with all provisions in the ERFP may result in disqualification or rejection of the proposal. XV. REVISIONS DUE TO AMBIGUITY, CONFLICT, OR OTHER ERRORS IN ERFP: Any ambiguity, conflict, discrepancy, omissions or other error/s discovered in the ERFP must be reported immediately to the Cecil County Purchasing Office, Connie Kamit, 200 Chesapeake Blvd., Suite 1400, Elkton, Maryland 21921 (410-996-5395) in writing and a request made for modifications or clarification. All changes to ERFPs will be made in writing (addendum) and all parties who have received the ERFP will receive the addendum. Offerors are responsible for clarifying any ambiguity, conflict, discrepancy, omission or error in the ERFP prior to submitting the proposal or it shall be deemed waived. XVI. IMPLIED REQUIREMENTS: Any product or service that is not specifically addressed in the ERFP, but which is necessary to provide functional capabilities proposed by the offeror, must be included in the proposal. XVII. PROPOSALS AND PRESENTATION COSTS: The Cecil County, Maryland, or its agencies, is not liable in any way for any costs incurred by the vendors in the preparation of their proposals in response to the ERFP, nor for the presentation of their proposals and/or participation in any discussion or negotiations. XVIII. ACCEPTANCE OF PROPOSAL CONTENT The content of the proposal of the successful firm will become part of any contract awarded as a result of these specifications. XIX. REJECTION OF PROPOSALS: The Cecil County, Maryland or its agencies reserves the right to accept in part or in whole any or all proposals submitted or to waive any technicality or minor irregularity in a proposal. Additionally, the County shall reject the proposal of any offeror determined to be non-responsive in accordance with the Code of Cecil County, Section 92 and requirements set within this RFP. Unreasonable failure of an offeror to promptly supply the County with information with respect to responsibility may be grounds for a determination of non-responsibility. All proposals submitted shall be in strict compliance with the ERFP and failure to comply with all provisions in the ERFP may result in disqualification or rejection of the proposal.

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The County intends to award at least one contract from this proposal, but has the right to award to multiple vendors that would best serve the County’s requirements. All Proposals, RFPs, IFBs, ERFPs or RFQs are contingent upon budgetary constraints. XX. EXCEPTIONS TO FORMAT: The ERFP describes the requirements and response format in sufficient detail to secure comparable proposals, recognizing that various proponent approaches may vary widely. Any proposal that differs from the described format may be considered non-responsive and rejected. XXI. REQUESTS FOR CLARIFICATION: Any request for clarification on the ERFP must be in writing and accomplished prior to the receipt of the VENDOR’s proposal. XXII. VALIDITY OF PROPOSALS: All proposals shall be valid for one hundred eighty (180) days from the date of the ERFP opening and become the property of the County. If negotiations result in modifications to the ERFP, then one hundred eighty (180) days will commence from the date of the receipt of the new proposal. This period may be extended by mutual written agreement between the VENDOR and Cecil County, Maryland. XXIII. EVALUATION OF PROPOSAL AND AWARD:

• BASIS OF AWARD

The Contract may be awarded to the selected responsible vendor whose proposal complies with all the requirements prescribed and considered Best Value to the County as interpreted by the review committee. In acceptance of the proposal, the County will be guided by consideration of the interests of the public and the County shall be under no obligation to accept the lowest proposal. Proposals may be rejected if they show any omissions, alterations of form, additions not called for, conditional or alternate proposal, or irregularities of any kind. To insure fair competition and to permit a determination of the lowest vendor, unresponsive proposal or proposal obviously unbalanced may be rejected. The County also reserves the right to negotiate further with one (1) or more of the bidders as to any features of their bids and to accept modifications of the work and bid price when such action will be to their best interests and is desirable. All proposals submitted shall become the property of the Cecil County, Maryland. Any CONFIDENTAL or PROPRIETARY information shall be identified within their proposal.

• METHOD OF AWARD (a) The County reserves the right to reject any or all proposals.

(b) The Contract shall be awarded or rejected within one hundred and eighty (180) days from the date of opening proposal.

(c) If the Proposer to whom an award is made shall fail to execute the Contract in the specified

time, the award may be annulled and the Contract awarded to the second selected Proposer or the County may reject the entire proposal as their interest may require.

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• QUALIFYING PROPOSALS

Proposals shall be initially reviewed for compliance with the submission requirements of this procurement. Failure to comply with any of the submission requirements may result in the proposal being classified as not reasonably acceptable for award. Minor irregularities in proposals that are immaterial or inconsequential in nature may be cured or waived whenever it is determined to be in the best interest of Cecil County Maryland. All reasonable efforts will be made by the Cecil County Maryland to avoid prejudice to any VENDOR.

• MANDATORY REQUIREMENTS All proposals will be initially reviewed for compliance with mandatory requirements. Proposals shall meet all of the mandatory requirements to advance in the procurement process. VENDORs shall supply a letter stating that their team meets these requirements. All information that is specifically requested is considered to be a mandatory requirement.

• ORAL PRESENTATION

As indicated above, discussions and oral presentations may be held. If Oral Presentations are required, the selected best two (2) Consultants may be contacted for scheduling of their presentation. The purposes of the discussions and oral presentations are as follows: - To allow Cecil County, Maryland to meet the VENDORs key personnel - To allow the VENDORs to discuss selected aspects of its proposal - To provide an opportunity to clarify the scope of services for this project Within three (3) working days following the oral presentation, each VENDOR will be required to provide an Executive Summary/Overview of their firm’s oral presentation inclusive of highlighting the discussion at the presentation. Upon completion of the oral presentations, the Cecil County, Maryland will finalize the evaluation of each proposal. Best and final proposals may be solicited by the County at this time.

• FINAL EVALUATION

A. Evaluation will be based upon the technical proposal with the price being reviewed as a single factor of several other factors on which to base an acceptance. Some of the factors being evaluated shall be as listed in the Special Provisions.

B. The primary evaluation will be completed by an evaluation committee consisting of selected Cecil County, Maryland officials; Purchasing Agent is not a voting member of the committee. They will only guide the process of evaluation. Respondents to this solicitation shall meet all requirements contained herein. If the Respondent and/or the proposal do not meet solicitation requirements, Cecil County, Maryland may classify the proposal as “not reasonably acceptable for award.” Should a proposal be found not reasonably acceptable for award, the proposal may not be considered any further. After considering the factors set forth in this ERFP and the responsible proposals, the committee will make recommendations for award of this contract to the Respondent whose proposal is determined to be the most advantageous to Cecil County, Maryland.

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• FINAL SELECTION Based on its evaluation of the technical proposals, the Evaluation Committee will make a recommendation to Cecil County, Maryland for the award of the contract to the responsible VENDOR whose proposal is determined to be the most advantageous to Cecil County, Maryland, considering both technical and financial factors, to include any final proposals as set forth in the RFP.

• DISCUSSIONS

A. Discussions shall be held only to clarify individual ERFP submissions. At no time shall any part of a proposal of one Proposer be discussed or identified in any part with a separate Proposer. B. During discussion, a Proposer may modify its proposal to coincide with any clarification of the proposal. At no time will a proposal be allowed to be withdrawn without approval of the proper County authorities. C. If any part of the proposal is changed to strengthen the ERFP or its process, written documentation of the change shall be made and all Proposers shall be notified of the change/s and be given the chance to modify their proposal accordingly.

• NEGOTIATIONS It is policy to procure from responsible sources at fair prices the goods and services required by the County. During the ERFP process, Price Negotiation may be required to resolve uncertainties relating to procurement, including the price prior to the final award of the contract. The objective of Price Negotiation is the complete agreement of the parties on all basic issues of the ERFP.

All contracts are contingent upon budgetary constraints. XXIV. AWARD AND TERM: Cecil County, Maryland intends that the vendor awarded a contract, will perform the work commencing upon the date specified in the Notice to Proceed or notification letter and terminate upon expiration or completion of the project unless terminated by the County with the delivery of written notification of contract termination. All contracts extending beyond the County’s fiscal year (June 30th annually) shall be subject to budget appropriation. In the event the on-going contract does not acquire funding to continue, the awarded Consultant shall be notified in writing at the earliest possible date and contract termination shall be coordinated. XXV. TYPE OF CONTRACT

This is a service type contract under which Cecil County, Maryland is obligated during the term of the contract for services identified within these specifications. Any changes shall result in the contract being re-bid. Additionally, the vendor is obligated to perform the services as agreed upon within the proposal, which the Cecil County, Maryland requires in its operation. Should an emergency arise and the vendor cannot perform the required services as outlined within this agreement, the County reserves the right to contract these services from other sources to meet these needs without prejudice of this contract.

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XXVI. CONTRACT CONDITIONS Contract conditions – The Contract Conditions for all contracts awarded under this ERFP shall be subject to review and approval by the County Solicitor at the time of Contract Execution. The Contract shall be governed by the laws of the State of Maryland. The "Agreement" as provided, without modification, will be the contract used for award of this ERFP. XXVII. PROPOSAL PROTEST Any party who feels the proposal process has not meet the guidelines as stated within the Code of Cecil County Maryland or as outlined within the proposal may submit a protest in accordance with the guidelines as stated within the Code of Cecil County Maryland, Chapter 92, Purchasing. These guidelines are available upon request at the Purchasing Office or on the Cecil County Maryland Website (www.ccgov.org). Any questions concerning the purchasing process or this proposal should be forwarded to Cecil County Purchasing Agent at 410-996-5395 or e-mail to ckamit@ccgov.org.

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ATTACHMENT #1 EXPEDITED REQUEST FOR PROPOSAL

Sealed Expedited Request for Proposal (ERFP) for Cecil County, Maryland for ERFP 20-03: “Elk River Dredging” as described in the proposal package, will be received from qualified vendors at any time and up to 1:00 p.m. on July 31, 2019. Individual packages shall be marked in the lower left corner: ERFP #20-03: “Elk River Dredging”. Packages delivered prior to the ERFP opening should be brought to the Purchasing Office, 200 Chesapeake Blvd., Suite 1400, Elkton, MD 21921. Additional specifications and/or instructions to vendors may also be obtained by calling the Purchasing Office at 410-996-5395 or email to PurchasingOffice@ccgov.org. Cecil County, Maryland reserves the right to reject any or all proposals and to waive technicalities. All proposals are based upon budgetary constraints. AN OPTIONAL Pre-Proposal informational Conference will be held on July 23, 2019 at 10:00 am in the Bainbridge Conference Room, County Administrative Building, 200 Chesapeake Blvd., Elkton MD 21921. All questions or discussions concerning this proposal, proposal documents, specifications, etc., shall only be coordinated through the Purchasing Office. The County shall not be responsible for information obtained outside the County Purchasing Office, concerning this or any other County proposal, ERFP, solicitation or quote. Electronically submitted proposals will not be accepted. Proposals are provided on the Cecil County web-page (http://www.ccgov.org/government/purchasing/current-projects) as a PDF document for all vendors to download. Changes or addendums to this proposal and or other documents will be posted to the proposal documents on the County web-page. The County is not responsible for information obtained from sources outside the Cecil County Purchasing Office, including downloads from the County web-site. Vendors obtaining electronic copies of the proposal documents will be directly responsible for obtaining updates, changes or addendums, either from the updated web-page or by contacting the Purchasing Office. Upon request, the Purchasing Office will provide vendor lists to requesting parties for all solicitations published unless a vendor/Consultant provides a written request barring the disclosure of their information prior to specific proposal award.

By: Connie Kamit Purchasing Agent Cecil County, Maryland

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ATTACHMENT #2

CERTIFICATION OF VENDOR’S QUALIFICATIONS

All applicable questions must be answered and included with the RFP. The data given must be clear and comprehensive. A copy of the Vendor’s State of Maryland Construction Firm License or required applicable license shall be attached to this form. Information concerning this license can be obtained from Cecil County Clerk of the Court’s Office at (410) 996-5373. You can also receive information necessary for corporations to do business in the State of Maryland from the State of Maryland Sales and Use Tax Division. Ask for a Corporation Qualifying Package at (410) 225-1340. All vendors shall ensure they are qualified to do business within the State of Maryland. Businesses established outside the State of Maryland must be qualified as a Foreign Business to be eligible to provide service within the State of Maryland. Questions concerning Foreign Businesses may be referred to (410)-767-1170.

1. Name of Contract: “Elk River Dredging” 2. Contract No.: ERFP #20-03: 3. State of Maryland Construction Firm License No.:____________________ 4. Name of Vendor: _______________________________________________

Address: _______________________________________________ _______________________________________________

When Organized:_________________________________________________ Where Incorporated:_______________________________________________ Foreign Business No. (if applicable): ________________________________

5. Has the Vendor paid any sales tax on the equipment to be used on the project? Yes _______________No __________________

6. How many years has the bidder been engaged in this business under your present firm name? ___________________________________________

7. Have you ever refused to sign a contract at your original RFP/Bid? Yes _____________No _______________

8. Have you ever defaulted on a contract? Yes ____________No ________________ Remarks: ___________________________________________________

9. Will you, upon request, furnish any other pertinent information that Cecil County, Maryland may require? Yes ____________No __________________

10 Does your business maintain a regular place of business in the State of Maryland (Resident) _______ or would your business be considered Non-Resident ______?

11. Has the vendor or firm ever been disbarred, suspended or otherwise prohibited from doing work with the federal Cecil County, Maryland. Yes ____ No ____ (If yes, explain _______________________________________________________) With the submission of this certification, the bidder thereto certifies that the information supplied is, to the best of your knowledge, accurate and correct.

Dated this _________ day of _________________, 2019.

_________________________ (Name of Bidder)

By: _______________________

Title: ______________________

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ATTACHMENT #3 PROPOSAL COST SHEET – ERFP 20-03

PROJECT: “Elk River Dredging”

TITLE: ELK RIVER WATERWAY IMPROVEMENTS OPENING: July 31, 2019 @ 1:00 pm LOCAL TIME Proposal of _____________________________________________________________ (hereinafter called "Bidder", organized and existing under the laws of the State of ______________________ doing business as _____________________________________________________* (* Insert "a corporation", "a partnership", “a joint venture, or "an individual", as applicable.) Bidder hereby submits proposal for the above titled project. Having carefully examined the specifications and drawings for the named project and have received clarification on all items of conflict or upon which any doubt arose, the undersigned hereby agree(s) to furnish all labor, material and equipment required for complete work in strict accordance with the contract documents. Bidder also understands that the Cecil County Council has the right to delete any portion of the work herein described and Bidder shall perform other approved items of the contract accordingly. Bidder acknowledges receipt of the following addenda: Bidder hereby agrees to perform all the work described in the specifications, and shown on the plans for the stipulated lump sum amount of: TOTAL BASE BID (Total Base Bid Amount from Bid Form 1-3): Dollars ($ ) Written Figures

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The BASE BID is divided as follows:

BID ITEM 1. Mobilization/Demobilization: Dollars ($ ) (Words) (Numbers) BID ITEM 2. Dredging:

Dollars ($ ) (Words) (Numbers) BID ITEM 3. Dredged Material Placement Site:

Dollars ($ ) (Words) (Numbers)

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SCHEDULE OF UNIT PRICES:

The following unit prices, if accepted in the award of a contract, shall be applied in computing the value of changes, additions, deletions, and substitutions, which may be made in the work following the award of a contract. Each unit price shall include all labor, materials, equipment, and incidentals necessary to complete the work items in accordance with the Project Drawings and Specifications. NOTE: Price shall be written in both words and numbers. The schedule of unit prices for all

materials and items of work shall be estimated in accordance with the Project Drawings. 1. Super Silt Fence:

Dollars ($ ) per L.F. (Words) (Numbers)

2. Additional Dredging:

Dollars ($ ) per C.Y. (Words) (Numbers

3. Treatment of Effluent:

Dollars ($ ) per Gal. (Words) (Numbers

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Contractor is to complete and submit the enclosed

Erosion Control Repair Cost Sheet

It shall be at the Contractor’s discretion of the amount of detail enclosed within their proposal and the evaluation shall be based on that information. The pricing or costs for services shall be provided within the proposal for final execution along with a Purchase Order. All contracts and agreements are based on budgetary funding.

Contractor’s Name, address & telephone:

Contractor’s Printed Name and Signature

Cellphone ____________________ Email: ____________________________ This is to certify that ___________________________________________has received Addendum No. _____ through No. _____ and this project reflects changes created by the addenda. PROPOSAL FORM Cecil County, Maryland; For all design, labor, tools, materials, testing, training, delivery and possible removal of old and any other incidentals necessary to complete this proposal as specified herein. A separate price is required for each line item. The undersigned swears (or affirms) under the penalty of perjury that the Bidders, its agents, servants and/or employees, to the best of his/her knowledge and belief, have not in any way colluded with anyone for and on behalf of the Bidder, or themselves, to obtain information that would give the Bidder any unfair advantage over others, nor have to gain any favoritism in the award of any contract resulting from this bid. By signing this bid form, I acknowledge that I have read the entire bid package. Proposal Submitted by: __________________________ ____________________________________ Witness Name of Firm or Dealer __________________________ ____________________________________ Telephone Number Authorized Name & Signature __________________________ ____________________________________ Fax Number Address (Street)

____________________________________ Address (City, State, Zip Code)

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The attached proposal is accepted and hereby ratified and confirmed by Cecil County, Maryland for its purchase this _____day of __________, 2019.

_________________________________

Alan J. McCarthy County Executive Cecil County Maryland

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ATTACHMENT #4:

INDEMNITY/HOLD HARMLESS AGREEMENT

Cecil County, Maryland 200 Chesapeake Blvd.

Suite 1400 Elkton, MD 21921

To the fullest extent permitted by law, the undersigned Organization agrees to indemnify and hold Cecil County, Maryland, its elected and appointed officials, employees, and volunteers, and others working on behalf of Cecil County, Maryland, harmless from and against all loss, cost, expense, damage, liability or claims, whether groundless or not, arising out of the bodily injury, sickness or disease (including death resulting at any time there from) which may be sustained or claimed by any person or persons, or the damage or destruction of any property, including the loss of use thereof, based on any act or omission, negligent or otherwise, of the Organization, or anyone acting on its behalf in connection with or incident to Expedited Request for Proposal ERFP# 20-03: “Elk River Dredging”, except that the Organization shall not be responsible to Cecil County, Maryland on indemnity for damages caused by or resulting from Cecil County, Maryland's sole negligence; and, the Organization shall, at its own cost and expense, defend any such claims and any suit, action, or proceeding which may be recovered in any suit, action, or proceeding, and any and all expense including, but not limited to, costs, attorney's fees and settlement expenses, which may be incurred therein. Name of Organization: _______________________________________________ Authorized Signature: ________________________________________________ Address of Organization: _____________________________________________ Phone: _______________________________ Date: ______________________ Return this letter with Proposal Package

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ATTACHMENT #5:

STATE OF MARYLAND SALES AND USE TAX ADMISSIONS AND AMUSEMENT TAX LAWS AND

REGULATIONS ISSUED BY COMPTROLLER OF THE TREASURY SALES AND USE TAX DIVISION

11-221 Taxation by Other Law (c) Sales tax paid in other jurisdiction –

(1) To the extent that a buyer pays another state a tax on a sale or gross receipts from a sale of tangible personal property or a taxable service that the buyer acquires before the property of service enters this state, the sales and use tax does not apply to use of the property or service in this state.

(2) If the tax paid to another state is less than the sales and use tax, the buyer shall pay the difference between the sales and use tax and the amount paid to the other state in accordance with the formula under 1-303 (b).

11-214 Nonresident Property The sales and use tax does not apply to use of tangible personal property or a taxable service that:

(1) A non-resident. (i) Acquires before the property or service enter the state; and (ii) Uses: 1. For personal enjoyment or use or for a use that the Comptroller specifies by regulation, other than for a business purpose; or 2. Does not remain in the state for more than 30 days.

11-303 Depreciation Allowance

(a) In general - a buyer is allowed a depreciation allowance as an adjustment to taxable price if:

(1) Tangible personal property or a taxable service is acquired before the tangible personal property is brought into the state for use in the state or before the taxable service is used in the state; and

(2) The use first occurs in another state or federal jurisdiction.

(b) Amount allowance - The allowance under subsection (a) of this section for each full year that follows the date of purchase is ten percent (10%) of the taxable price paid to acquire the tangible personal property or taxable service.

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ATTACHMENT #6

AGREEMENT OF TERMS AND CONDITIONS:

PROPOSAL Made this _______________ day of _______________________, 2019. Business Address______________________________________________________________________________ ____________________________________________________________________________________. The VENDOR declares that the only person, firm or corporation, or persons, firms or corporations, that has or have any interest in this proposal or in the Contract or Contracts proposed to be taken is or are the undersigned; that this proposal is made without any connection or collusion with any person, firm or corporation making a proposal for the same work; that the attached specifications have been carefully examined and are understood; that as careful an examination has been made as is necessary to become informed as to the character and extent of the work required; and, that it is proposed and agreed, if the proposal is accepted to contract with Cecil County, Maryland, in the form of Contract heretofore attached, to do the required work in the manner set forth in the specifications. The proposal price on the attached and signed Proposal Forms is to include and cover the furnishing of all equipment, materials and labor requisite and proper and the providing of all necessary machinery, tools, apparatus, kitchen utensils and means for performing the work, and described and shown in the plans and specifications within the prescribed time. If this proposal shall be accepted by said County and the undersigned shall refuse or neglect within ten days after receiving the Contract for execution to execute the same, and to give stipulated bond, then said County may at their option determine that the VENDOR has abandoned the Contract; and, thereupon, the proposal and the acceptance thereof shall be null and void; and, the deposit accompanying the proposal shall be forfeited to and become the property of the County. In the case of firms, the firm’s name must be signed and subscribed to by at least one (1) member. In the case of corporations, the corporate name must be signed by some authorized officer or agent thereof, who shall also subscribe his name and office. If practical, the seal of the corporation shall be affixed. I/We identify by number, date and number of pages the following addenda: No. Date No. of Pages ___________________ _______________ ______________________ ___________________ _______________ ______________________ The names and addresses of all members of a firm or the names, addresses and titles of every officer of a corporation, as the case may be, must be given here by the member of the firm or by the officer or agent of the corporation who signs the proposal. _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________

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ATTACHMENT #7:

VENDOR CERTIFICATION The above statements are certified to be true and accurate and we have the equipment, labor, supervision and financial capacity to perform this Contract. Dated at _______________ this __________ day of ________________, 20__. By: _____________________________ ________________________________ (Title of Person Signing) ________________________________ (Name of Organization) State of ________________ County of _______________, ss. ___________________being duly sworn, states he is __________________ of (Office) _______________________ and that the answers to the foregoing questions and all statements therein contained are true and correct.

Sworn to before me this ____________ day of _______________ 20__.

_______________________________ Notary Public _______________________________ (My Commission Expires: ) (NOTARY SEAL)

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ATTACHMENT #8 Office of the County Executive Department of Finance Alan J. McCarthy Purchasing Division

County Executive Alfred C. Wein, Jr. Procurement & Fleet Manager

Director of Administration 410.996.8122 Purchasing Office

Office: 410.996.5202 410.996.5395/5396 Fax: 410.996.1014 County Information

410.996.5200 410.658.4041

CECIL COUNTY, MARYLAND Department of Finance

Purchasing Division 200 Chesapeake Boulevard, Suite 1400, Elkton, MD 21921

Agreement of Jurisdiction

Governing Law; Consent to Jurisdiction. This procurement shall be governed by the laws of the State of Maryland, and the parties submit to the jurisdiction of the courts of the State of Maryland. This agreement may not be modified except in writing executed by the parties. VENDOR NAME: ___________________________________________ REPRESENTATIVE: ___________________________________________ VENDOR ADDRESS: ___________________________________________ ___________________________________________ ___________________________________________ VENDOR TELEPHONE: ___________________________________________ AUTHORIZED SIGNATURE: ___________________________________________ DEPARTMENT REQUESTING JURISDICTION AGREEMENT: __________________ Return completed document to:

Purchasing Office 200 Chesapeake Boulevard, Suite 1400

Elkton, Maryland 21921 Phone (410) 996-5395 Fax (800) 562-3982

Email ckamit@ccgov.org

39

ATTACHMENT #9

VENDOR RFP CHECKLIST

The following is a checklist to assist the VENDOR in verifying all required information is provided at the RFP opening; may not be all inclusive. It remains the VENDOR’s responsibility to ensure all information is complete and attached, including information, which may not be listed on this checklist. Any information missing at the time of the bid opening may result in rejection of the RFP proposal. No proposals will be accepted after the designated RFP opening time. Any questions please contact the Purchasing Office, 410-996-5395. 1. RFP package labeled properly for identification; 2. Completion of the following Attachments and submitted with the proposal submittal:

#2: Certification of Vendor’s Qualifications and copies of any required license/s. #3: Proposal Cost Sheet; #4: Indemnity/Hold Harmless Agreement completed and signed #6: Agreement of Terms and Conditions completed #7: Vendor Certification sheet completed, signed and NOTARIZED #8: Agreement of Jurisdiction

3. A copy of a Certificate of Insurance naming Cecil County, Maryland as an “Additional Insured” and showing all information of required Liability and Worker’s Compensation insurance shall be provided by the VENDOR awarded the contract. 4. Proposal Bonds with proposal as required. 5. (1) original, three (1) copy and one (1) electronic copy (PDF copy on disc or thumb drive) of the proposal shall be submitted. 6. New vendors entering into an agreement with the County shall be required to also submit a company’s W-9 and completion of the attached Jurisdiction agreement. 7. Vendor has identified or labeled all submitted material they consider “Confidential” or “Proprietary”.

ELK RIVER WATERWAY IMPROVEMENTSDEPARTMENT OF PARKS AND RECREATION

CECIL COUNTYJUNE 2019

ELK RIVER WATERWAY IMPROVEMENTSCOVER SHEET

CALL BEFORE YOU DIG

M I SS UTI

LI

TY

BEFORE YOU DIG CALL1-800-257-7777 OR DIAL 811

Consultants & Designers, Inc."Integrating Engineering and Environment"

7455 New Ridge Road, Suite T Phone: (410) 694-9401Hanover, Maryland 21076 Fax: (410) 694-9405

www.baylandinc.com

ELK RIVER WATERWAY IMPROVEMENTSKEY SHEETConsultants & Designers, Inc.

"Integrating Engineering and Environment"

7455 New Ridge Road, Suite T Phone: (410) 694-9401Hanover, Maryland 21076 Fax: (410) 694-9405

www.baylandinc.com

ELK RIVER WATERWAY IMPROVEMENTSCHANNEL PLANConsultants & Designers, Inc.

"Integrating Engineering and Environment"

7455 New Ridge Road, Suite T Phone: (410) 694-9401Hanover, Maryland 21076 Fax: (410) 694-9405

www.baylandinc.com

ELK RIVER WATERWAY IMPROVEMENTSCHANNEL PLANConsultants & Designers, Inc.

"Integrating Engineering and Environment"

7455 New Ridge Road, Suite T Phone: (410) 694-9401Hanover, Maryland 21076 Fax: (410) 694-9405

www.baylandinc.com

ELK RIVER WATERWAY IMPROVEMENTSCHANNEL PLANConsultants & Designers, Inc.

"Integrating Engineering and Environment"

7455 New Ridge Road, Suite T Phone: (410) 694-9401Hanover, Maryland 21076 Fax: (410) 694-9405

www.baylandinc.com

ELK RIVER WATERWAY IMPROVEMENTSDMP SITE AS-BUILTConsultants & Designers, Inc.

"Integrating Engineering and Environment"

7455 New Ridge Road, Suite T Phone: (410) 694-9401Hanover, Maryland 21076 Fax: (410) 694-9405

www.baylandinc.com

ELK RIVER WATERWAY IMPROVEMENTSDMP SITE AS-BUILTConsultants & Designers, Inc.

"Integrating Engineering and Environment"

7455 New Ridge Road, Suite T Phone: (410) 694-9401Hanover, Maryland 21076 Fax: (410) 694-9405

www.baylandinc.com

ELK RIVER WATERWAY IMPROVEMENTSDMP SITE AS-BUILTConsultants & Designers, Inc.

"Integrating Engineering and Environment"

7455 New Ridge Road, Suite T Phone: (410) 694-9401Hanover, Maryland 21076 Fax: (410) 694-9405

www.baylandinc.com

ELK RIVER WATERWAY IMPROVEMENTSDMP SITE NOTES AND EROSION & SEDIMENT

CONTROL NOTESConsultants & Designers, Inc."Integrating Engineering and Environment"

7455 New Ridge Road, Suite T Phone: (410) 694-9401Hanover, Maryland 21076 Fax: (410) 694-9405

www.baylandinc.com

DETAIL B-1 STABILIZED CONSTRUCTIONENTRANCE

DETAIL E-3 SUPER SILT FENCE