CATSKILL WATERSHED CORPORATION. Request for Proposal. Professional Consulting Services. for. Community Wastewater Management Program

Transcription

1 CATSKILL WATERSHED CORPORATION Request for Proposal Professional Consulting Services for March 2014

2 SECTION I ADMINISTRATIVE INFORMATION 1.0 PURPOSE This Request for Proposal (RFP) is to contract with a Professional Consultant for Study, Pre-Construction and Construction Phases of the Community Wastewater Management Program (CWMP). 1.1 SCOPE The information and instructions contained in this RFP are intended to provide interested individuals with the data necessary to prepare and submit proposals. Section I Section II Section III & IV Contains administrative information Presents background information on the project, specifies required program components and outlines the areas that should be included in the proposal narrative Specifies contracting provisions 1.2 INQUIRIES Inquiries should be addressed to: Nathaniel Hendricks Catskill Watershed Corporation 905 Main Street P.O. Box 569 Margaretville, NY Tel (845) Ex. 308 Fax (845) All written inquiries must cite the particular RFP section in question. Answers to all questions of a substantive nature will be given to all consultants being solicited. 1.3 SCHEDULE OF PERTINENT DATES RFP Release Date: Friday, March 14, 2014 Pre-Bid Meeting (Recommended) Wednesday, April 9, AM (CWC Offices) Proposal Submission Date: Friday, May 2, PM 2 of 19

3 1.4 SCHEDULE OF PROPOSAL All original proposals must be received no later than 2 PM on Friday, May 2, Submit proposals to the following address: Nathaniel Hendricks Catskill Watershed Corporation 905 Main Street P.O. Box 569 Margaretville, NY It is important that the proposal be submitted in a sealed envelope clearly marked in the lower left-hand corner with the following information: SEALED PROPOSAL Professional Services It is the respondent s responsibility to insure timely submission of their proposal. Proposals received after the scheduled date and time will not be accepted. Electronically transmitted proposals (i.e., facsimile) will not be accepted. 1.5 MODIFIED PROPOSALS An offeror may submit a modified proposal to replace all or any portion of a previously submitted proposal up until the Proposal Due Date. CWC will only consider the latest version of the proposal. Modified Proposals shall be addressed same as above. 1.6 WITHDRAWAL OF PROPOSALS a. A proposal may be withdrawn before the established Proposal Due Date/Time, in writing only. b. Any request for withdrawal shall be addressed same as above. 1.7 RFP POSTPONEMENT/CANCELLATION The CWC reserves the right to postpone or cancel this RFP and to reject all proposals. In the event that this occurs, the CWC reserves the right to modify this RFP and re-solicit for it. 3 of 19

4 SECTION II PROGRAM BACKGROUND AND SPECIFICATION 2.0 BACKGROUND The Catskill Watershed Corporation (CWC) is a Local Development Corporation. CWC was created to act in the public interest by promoting increased employment and encouraging environmentally sound development within the West of Hudson Watershed. The CWC is further authorized to administer Watershed Protection and Partnership Programs pursuant to the New York City Watershed Memorandum of Agreement (MOA) (January 1997). This agreement came about as a result of negotiations over whether the Catskill/Delaware Watershed would continue to be a source of drinking water for New York City without filtration. The Watershed Protection and Partnership Programs (WPPP) provide for a number of programs to enhance water quality and economic development. The CWC is seeking a professional design and engineering consultant (the Consultant) to implement the (CWMP or the Program). The Program will fund the planning, design and construction of Community Septic Systems, including related sewerage collection systems, and/or the creation of Septic Maintenance Districts, including septic system replacement, rehabilitation and upgrades as well as an operation and maintenance plan of the district in up to five (5) identified communities. If community septic systems or septic maintenance districts are not practicable due to site conditions, and there is a demonstrable water quality problem due to failing septic systems, the New York City Department of Environmental Protection (DEP), in consultation with the CWC and the Participating Community may elect to allocate program funds to construct a new wastewater treatment plant, including related sewerage collection systems. All projects funded by the Program are scheduled to be completed on or before June 30, The CWMP contract between the DEP and the CWC as well as the Program Rules (available on CWC s website: define the Program parameters. Five (5) communities have been identified for participation in the Program. 1. Shandaken, Town of Shandaken (Ulster County) 2. West Conesville, Town of Conesville (Schoharie County) 3. Claryville, Town of Denning/Neversink (Ulster/Sullivan Counties) 4. Halcottsville, Town of Middletown (Delaware County) 5. New Kingston, Town of Middletown (Delaware County) The Consultant is to evaluate the Participating Community s needs and propose options and block grant amounts. The Consultant will complete the full Study Phase for the first two (2) Communities, Shandaken and West Conesville by June 30, 2015 and the remaining three communities, Claryville, Halcottsville, and New Kingston by June 30, 4 of 19

5 2017. CWC will need to concur with the Scope of Work and the selected design. Following the Consultant s analysis, the DEP will then approve the block grant amounts for each project. The Participating Communities will evaluate the proposed project and block grant funding available. If the Participating Community continues in the program, the consultant will initiate the Pre-Construction Phase which includes Final Project Design, sewer district formation as defined in New York State Town Law ( 209), develop Sewer Use Laws for the individual Community, purchase or option land, bid the project and evaluate responses for the Community and develop Operation and Maintenance plans and contracts to be completed for the first two communities by June 30, 2016 and the remaining three communities by June 30, The Participating Communities will evaluate the construction bids and the remaining funding available from the block grant. If the Participating Community continues in the program, the consultant will initiate oversight of the Construction Phase to be completed for the first two communities by June 30, 2018 and the remaining three communities by June 30, ASSIGNMENT This Request for Proposal (RFP) is to contract a professional design and engineering consultant (the Consultant) to implement the Community Wastewater Management Program (CWMP or the Program). The consultant shall perform the following scope of work for each Participating Community project. The phases in each project Scope of Work shall include the following: Study Phase, Pre-construction Phase, Construction Phase and Operation and Maintenance Phase. Unless expressly approved in writing by CWC, for the duration of the agreement with CWC, neither the consultant nor any subcontractor to the consultant can provide services (related or unrelated to CWMP) directly to an Additional Participating Community, any property owner within the proposed service area of a CWMP project, any property owner seeking inclusion or exclusion within the proposed service area, or any property owner or individual seeking to connect to a wastewater system. 2.2 STUDY PHASE During this phase, the Consultant shall examine the technical feasibility, cost, planning and implementation issues for each Participating Community, using the Environmental Facilities Corporation s (EFC) Strategic Wastewater Planning Study, December 2000 and the Environmental Protection Agency s (EPA) Voluntary National Guidelines for Management of Onsite and Clustered (Decentralized) Wastewater Treatment Systems and the NYSDEC Design Standards for Intermediate Sized Wastewater Treatment Systems updated March 5, 2014 as a basis. The Consultant shall produce a written report 5 of 19

6 for the CWC, DEP, and the Participating Communities detailing the findings of the Study Phase portion of the Scope of Work. The written report shall include the following. 1. Overall Task The CWC and the Consultant shall develop an overall master plan for allocating Program Funds, along with recommended Block Grant Amount(s) for each of the FIVE (5) Participating Communities, such that all recommended Projects can be accomplished within the limits of the Program Funds. 2. The service area for the Study Phase for each identified community is delineated in EFC s December 2000, Strategic Wastewater Planning Study. If the project includes a community septic system, identify associated existing flow. The flow from the delineated service area may be adjusted from the flow estimated in Paragraph 122(c) of the Watershed MOA to equal existing flow within the agreed upon service area plus ten percent (10%). 3. The Study Phase shall determine the preferred project for each community. In order to determine the preferred project, the Consultant will meet with the Communities, to insure their continuous involvement. The following describes the minimum services to be provided as part of this project that shall form the basis of the Consultant s cost proposal. The Consultant shall identify in the proposal any other services, tasks, steps, or phases that the Consultant proposes to provide as part of this project. The Consultant shall also identify any mandatory or required task that will need to be performed that may not already be in this Scope of Work. A. The Consultant shall proceed and cooperate with CWC, DEP, its contractors and subcontractors with respect to all program work. B. Identify and evaluate alternate areas of service for Community Wastewater Management. This will include: 1. Meet with the communities to obtain input on areas along and adjacent to the areas to be potentially serviced. 2. Meet with DEP and local Code Enforcement Officer to determine septic failures and replacement data. 3. Meet/contact the New York State Department of Transportation (NYSDOT) and County Highway Superintendent to verify ability to run infrastructure within State and County road rights-of-way. Identify issues/conditions that would have to be addressed in the construction and operation of infrastructure in State and County right-of -ways. C. Develop GIS (Geographic Information System) Data layers for the identified study areas and detail limiting site conditions which may include lot size, structures, soils, groundwater depth, DEP/DOH non-compliance issues, wetlands, floodplain, required setbacks (wells, property line, etc.), public water district. D. Subcontract the services of a qualified geotechnical testing type firm to obtain soil borings, percolation tests and deep test pits in areas of proposed infrastructure routes or at proposed sites of leach fields to verify existing subsurface conditions. Include an allowance, using unit rates for type of soil test used. E. Prepare a cost estimate to design and construct infrastructure along proposed routes, as applicable. 6 of 19

7 F. Compare and evaluate alternate routes and alternate service areas. Evaluations should include at a minimum, the following factors: 1. Number of properties serviced 2. Length of route for proposed infrastructure, if applicable. 3. Total cost to install lines and treatment systems, as applicable 4. Subsurface conditions along route 5. Timeframe to complete 6. Permits/approvals needed 7. Potential issues/problems 8. Identify additional funding sources or grant potential of project 9. Other factors G. Prepare a map showing location of each proposed service area. H. Prepare a questionnaire and interview property owners in the proposed area detailing realistic options and anticipated costs. Determine resident and business interest as well as potential market value of undeveloped land. Develop a cost benefit analysis of the proposed project. I. Prepare and submit to the individual towns, the CWC, and the DEP a letter report summarizing the Engineer s findings and recommendations on the preferred service areas and recommended wastewater management plan. This report should include an estimate to complete engineering design and oversight, construction and operation and maintenance. 4. There are two sub-categories in the Study Phase for wastewater management plans, the two primary project options are Community Septic System(s) and Septic Maintenance Districts. The conditions for a third possible option, a treatment plant, are described in the Introduction of the RFP. A. Community Septic System(s), the Study Phase shall: 1. Identify possible sites for the construction of the community septic system(s); 2. Determine its feasibility by investigating available land and performing soil tests, percolation rate tests, and a groundwater mounding analysis; 3. Estimate the design and construction costs for each community septic system identified, including costs for the acquisition of necessary property, as well as legal and administrative fees; 4. Propose a draft annual operation and maintenance plan so that the community septic system(s), and the related sewerage collection system, continues to function properly for its projected useful life; 5. Project an annual budget for the costs of such operation and maintenance with a proposal for assessing charges to property owners (residential, business and municipal) within the proposed service area. Develop a sewer use fee schedule to provide adequate funding to implement such operation and maintenance plan; 6. Propose a project schedule with milestones for the design and construction. 7. Propose a plan for connecting existing houses and other structures 7 of 19

8 within the service area to the community septic system(s), and estimate the costs, if any, to be paid for pursuant to the Participating Community Agreement; and 8. Identify any and all necessary permits and regulatory requirements that will need to be obtained or satisfied as a condition prior to the design, construction, installation, and operation and maintenance, including, compliance with the State Environmental Quality Review Act. B. Septic Maintenance District, the Study Phase shall: 1. Determine project s technical feasibility; 2. Propose a plan for pump outs and inspections of subsurface sewage treatment systems located within the district; 3. Propose a project schedule with milestones for the formation of the district and construction; 4. Estimate the costs to establish operate and maintain such district, including legal and administrative fees; 5. Estimate, to the extent feasible, the number of failing septic systems and substandard systems located within the district, and the costs of design and construction to rehabilitate, replace or upgrade the failing and substandard systems; 6. Propose a draft annual operation and maintenance plan so that subsurface sewage treatment systems located within the district, whether found initially to be functioning properly or whether rehabilitated, repaired or upgraded by the district following inspection, continue to function properly for the length of their useful life; and 7. Project the annual operation and maintenance costs of such plan and propose an amount for the Septic District Maintenance Allocation. 5. The CWC and the Consultant shall establish a project schedule which is a general outline for project development addressing public information and participation activities; special use district formation actions to include public notices, municipal board resolutions, public hearings and referendums or petitions, as appropriate; SEQR, SHPO, DEP, DOH, DEC regulatory review, and permit actions associated with wetlands, road or stream crossings, and other needed permits; proposed schedule for project design, bidding, construction and development of an Operation and Maintenance Plan. 2.3 PRE-CONSTRUCTION PHASE This phase shall begin after the DEP and the CWC approve a planned Project(s) and associated Block Grant Amount(s). The Pre-Construction Phase shall consist of the following items completed by the Town(s) and Consultant in cooperation with the CWC, and is scheduled to be completed for each approved Project: 8 of 19

9 1. Design final engineering plans for all approved Project(s) for each Participating Community consisting of complete plans and specifications for the planned projects, including, without limitation, complete final design, final cost estimate, bid documents for construction of the Project(s), all required regulatory approvals for the Project(s) under all applicable regulations (except those customarily obtained by the construction contractor during the course of construction); 2. Prepare a Map, Plan and Report for the creation of a Community Wastewater Service District in accordance with and meeting the requirements of New York State Town Law 209-d and the requirements of DEC, DEP, and New York State Department of Audit and Control for the legal formation of each wastewater management district for the purpose of collecting rates and charges, if necessary, on district users to operate and maintain the project. In each Map, Plan and Report the Consultant shall: A. Describe the boundaries of the proposed district in a manner sufficient to identify the lands included therein as in a deed of conveyance. B. Detail the improvements proposed. C. Detail the maximum amount of the proposed expenditure for the improvement. D. Estimate the cost of hook-up fees, if any, and the cost of the district to the typical property and if different, for the typical one or two family home. E. Describe the proposed method of financing to be employed. F. Assist in filing with the Town Clerk s office for public inspection the Map, Plan and Report describing the same area, specifying the time and the place where the Town Board will meet and hold a public hearing to hear all persons interested in the subject. G. State the maximum amount to be expended annually for such services. 3. Meet with the Individual Communities, as needed, to obtain input and direction on the form and content of the Map, Plan and Report. 4. The Map and Plan for the Community Wastewater Service District shall be consistent with, as far as possible, a comprehensive plan for wastewater developed pursuant to Section of the NYS Environmental Conservation Law. 5. If the Report shall contain recommendations for the establishment of two or more zones of assessment within the District, the Map and Plan shall show the boundaries of each zone and the estimated initial allocation of the cost of construction for the facilities recommended to be charged to each of the zones. 6. Prepare a draft final report that addresses all the requirements of Article 209-d of NYS Town Law and the requirements of the individual communities. Submit twenty (20) copies of each draft final report to CWC for distribution to the Communities, and DEP. 7. Present the Project at a Town public hearing to explain the Project and determine public interest. Each of the individual communities as required by 209-d of NYS Town Law, will hold a Public Hearing during this Phase. 8. Prepare and submit a Final Report that includes the final Plan and Map for the creation of the Community Wastewater Service District. Submit fifty (50) copies of the final Report to CWC. 9 of 19

10 9. Present findings of Final Report to each Town Board. 10. If the project includes a Community Septic System, the Participating Community must adopt a sewer use law that is at least as stringent as the model sewer use law then in use by New York State Department of Environmental Conservation to determine eligibility of a project for financing under the New York State Revolving Loan Fund Program; The Sewer Use Law shall be prepared by the Consultant for the Participating Communities Town Board(s). 11. Acquisition of land options, on behalf of the Participating Community, for all property interests, including easement interests, necessary for the completion, operation and maintenance of the project; 12. Assist the Town in management of the bid process on behalf of the Participating Communities for the construction of the Project(s); 13. Revision of the Final Engineering Plan, subject to CWC and DEP approval, if the bid(s) received for the Construction Phase exceed available funds under the Block Grant Amount for the Participating Community; 14. Revision, if necessary, of the final annual operation and maintenance plans and budgets developed during the Study Phase, as well as revision, if necessary, of the schedule. 15. A written commitment by the Participating Community in the form of a Town Board resolution to complete the Construction Phase; and 16. An accounting of the remaining Block Grant(s) balance(s) for each Participating Community. 17. If the project includes a Community Septic System, adoption by the Participating Community of an Operation and Maintenance contract with the DEP. 2.4 CONSTRUCTION PHASE This phase shall begin only after the CWC and the DEP have received a written commitment from the Participating Community that it will complete the Construction Phase, in accordance with the Participating Community Agreement. During the Construction Phase, the Consultant shall facilitate, in cooperation with the Participating Community and the CWC, performance of the following work: 1. Assist the Participating Community in awarding contracts based upon bids received for construction of the project, in conformance with the Final Engineering Plan; 2. For Septic Maintenance Districts, require that during the Construction Phase an initial pump-out and inspection will take place and, if necessary, the rehabilitation, replacement or upgrade of failing septic or substandard system as detailed in the Final Engineering Plan; 3. Assist in processing invoices for the disbursement of Program Funds. 4. Conduct construction inspection and oversight at the Project sites. 2.5 PROPOSED TIMETABLE Pre-Bid Meeting Wednesday, April 9, 2014, 10 AM Proposals Due: Friday, May 2, 2014, 2 PM Consultant Hired: Friday, June 6, of 19

11 First two Remaining three Complete Study Phase: June 30, 2015 June 30, 2017 Complete Pre-Construction Phase June 30, 2016 June 30, 2018 Complete Construction: June 30, 2018 June 30, PROPOSAL FORMAT Each proposal MUST be organized in the following manner: Section I: Scope of Services For each of the identified parts contained in Section II, item 2.2 Study Phase, number 3 of this Request for Proposal, provide a detailed description of how the Consultant will address each of the work tasks. Identify all additional work tasks the Consultant would perform that are not shown in the Request for Proposal. Section II: Fees Prepare and include in this section a summary sheet entitled: Consultant Fees for Study Phase (Attachment A) and on it identify the MAXIMUM NOT TO EXCEED amount proposed for the services requested for the Study Phase the communities identified and the coordination effort with consultants for Shandaken, West Conesville, Claryville, Halcottsville, and New Kingston. Following award of the Study Phase to a single Consultant, it is anticipated that there will be a change order(s) with the selected Consultant for the Pre-Construction and Construction Phases using the Consultant s hourly rates. The Change Order(s) will be within the DEP Block Grant budgets for the specific project chosen. Provide a Schedule of Hourly Rates for Proposed Project Staff valid through The Consultant may propose rate changes for any or all years, as identified in this proposal. The successful Consultant shall subcontract with a qualified geotechnical testing type firm to obtain soil borings, percolation tests and deep test pits in areas of proposed infrastructure routes or at proposed sites of leach fields. Consultant shall obtain three (3) bids and choose the lowest responsible bidder. 11 of 19

12 ATTACHMENT A Consultant Fees for Study Phase Cost Proposal Identify and evaluate alternate areas of service Management of Subcontract for geotechnical testing Cost estimate to design & construct infrastructure along proposed routes Compare and evaluate alternate routes & alternate service areas Prepare a map showing location of each proposed service area. Questionnaire and interview property owners Coordination with other Project(s) Study Phase Letter Report Project Management & Schedule Other Shandaken West Conesville Claryville Halcottsville New Kingston Total Contingency Total (Not to Exceed) 12 of 19

13 Section III: Personnel This section shall include a complete listing of all personnel the Consultant will assign to this project, the billing rate for each person and each person s resume. Section IV: Timetable Provide a timetable that your firm will commit to for completing the work outlined in this Request for Proposal. Section V: Experience Identify similar projects your firm has worked on. Provide a brief description of each project. Section VI: Insurances New York City requires Consultants/Subcontractors retained by Catskill Watershed Corporation to have the following insurance coverages. These are general requirements and may vary depending on the services provided. Commercial General Liability: CG (ed. 11/88) or equivalent Combined Single Limit Bodily Injury and Property Damage $1,000,000 per occurrence $1,000,000 products/completed operations aggregate $2,000,000 General Aggregate $25,000 maximum deductible Insurance must be issued by a New York admitted carrier through a New York licensed broker. Automobile Liability: CA (ed. 01/80) or equivalent Combined Single Limit Bodily Injury and Property Damage $500,000 per occurrence The following must be provided: Comprehensive Form, Owned, Hired and Non Owned Worker s Compensation Statutory per New York State Law without regard to jurisdiction Employer s Liability Statutory Professional Errors and Omissions Liability A US domiciled company Limits not less than $1,000,000 per claim $1,000,000 Aggregate $25,000 maximum deductible or self-insured retention per claim Insurance Certificates and Policies and Endorsements Must be issued and mailed directly to CWC from the insurance broker or carrier. ACCORD form certificates issued by brokers are acceptable Certificate must unconditionally grant to the CWC and NYCDEP sixty (60) 13 of 19

14 calendar days notice of cancellation or non-renewal. Endeavor or other qualifying language is not acceptable. CWC and NYCDEP shall be named as additional insureds required by Appendix A on form CG2010 (11/85). Blanket or broad form endorsements are not acceptable The authorized representative of the insurance company executing the certificate must print his/her name and indicate her/his title. NYCDEP requires copy of policy be on file with Catskill Watershed Corporation. Certificate of Insurance Date of Certificate: Must be Current (within the past ten (10) days). Producer: Commercial General Liability insurance policy must be issued by a NY admitted carrier through a NY licensed resident broker. Insured: Must be in the Exact name if the contractor/subcontractor as shown on the contract. Companies Affording Coverage: The exact corporate name of the NY admitted insurer as it appears in the New York State Insurance Department Directory of Regulated Companies (i.e. The specific company name within a group should be designated on the certificate). Co LTR: Must coincide with the Companies affording coverage section. Type of Insurance: As listed on the certificate or printed in the other section. Policy Number Policy Effective Date Limits: Description of Operations/Locations/Vehicles/Special Items: Must list the location of home where the work is being performed and the name of the CWC program under which the contractor/subcontractor/consultant is contracted. Additional Insureds can be listed here provided the GC2010 (11/85) endorsement is attached to the certificate. The Additional Insured-Owners, Lessees or Contractors Form B shall list the following as name(s) under the schedule for person or organization: Catskill Watershed Corporation and New York City Dept of Environmental Protection** Certificate Holder: Catskill Watershed Corporation PO Box 569 Margaretville, NY ATTN: James R. Martin, CPA Cancellation: 60 day notice OK but with the word endeavor and phrase but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives. must be crossed out on the certificate and initialed by the authorized representative. Authorized Representative: As stated above and title. 14 of 19

15 **Please note: For the CG2010 Additional Insured, the Catskill Watershed Corporation s address is as above. The NYCDEP s address should be listed as: Junction Boulevard, Corona, NY Section VII: References Provide the name, address and phone and fax numbers of three (3) references. Briefly describe the project you worked on for each reference. Section VIII: Other Information 1. Provide whatever additional information your firm feels is relevant to this project and your proposal. 2. The Consultant selected must be able to demonstrate adequate technical resources for performance of the services described for all phases of this Program. Firms proposing to form joint proposals or teams shall identify the specific technical services to be performed by each. 3. The Consultant must demonstrate a record of experience, qualification, skills and facilities in the performance of similar work. a. The Prime Consultant must have an office within 100 miles of the boundary of the NYC Watershed. b. Technical qualifications and skills The Principal-in-Charge of the Prime firm must be a licensed Professional Engineer in New York State. c. Experience in similar work and documented quality and success of past work. 4. Be deemed qualified by New York City upon review of VENDEX information. For further information regarding VENDEX: 5. Unnecessarily elaborate brochures or other presentations beyond those sufficient to present a complete and effective proposal are not desired. Elaborate art work, expensive bindings and expensive visual or other presentation aids are not necessary. Conciseness is desirable. 6. Provide 5 (five) copies of Project Proposal. 15 of 19

16 SECTION III PROPOSAL CONTENT AND CONDITION 3.0 GENERAL INFORMATION In preparing the proposal, contractors/consultants/technicians should follow the guidelines within this RFP. 3.1 SUBMISSION REQUIREMENTS A. Each submission must contain the following information: 1. Name of establishment and contact person 2. Employer identification number 3. Office address and phone number 4. Brief description of background/experience 5. References (3 minimum) 6. Consultant Fees for Study Phase (Attachment A) 7. Schedule of Hourly Rates for Proposed Project Staff valid through Signed Statement of Non-Collusion (see section 4.4) 9. Five Copies of Proposal formatted per Section II number 2.6. NOTE: In making the final decision, CWC will consider the total costs, experience, and comments from the references provided. If the proposal is greater than $20,000, a Statement of Integrity and Ethics must be completed before signing the contract. 3.2 CONDITIONS GOVERNING PROPOSALS Only respondents who have supplied complete information will be considered. Any patented or proprietary information included in the proposal must be clearly identified both in the proposal and in a cover letter submitted with the proposal (see Section III, item 3.4). CWC reserves the following prerogatives: To accept or reject any or all proposals; To waive or modify minor irregularities in proposals received; To negotiate with the proposers, within the proposal requirements, to best serve the interests of the residents of the Watershed; To amend the specifications after their release, with due notice given all proposers solicited to modify their proposals to reflect the changed specifications; and 16 of 19

17 To use any or all ideas submitted in the proposals received unless legal patent or proprietary rights cover those ideas. By submitting a proposal, the respondent agrees that he/she will not make any claim for or have any right to damages because of any lack of information or misinterpretation of the information provided in this RFP. Once a contract has been fully executed and approved, CWC has the right to cancel it, for cause or convenience, on 10 days written notice, and agree to pay the individual for charges incurred in the performance of the agreement up to the time of cancellation. 3.3 FREEDOM OF INFORMATION Law CWC has subjected itself to the Freedom of Information Law, which governs the process for the public disclosure of certain records maintained by governmental entities, (see Public Officers Law, Sections 87 and 89), except for the public notice and enforcement requirements of sections 104 and 107 of the Public Officer s Law, respectively. Individuals who submit proposals may request that CWC exempt all or part of such proposal from public disclosure, pursuant to Section 87(2)(d) of the Public Officer Law, on the ground that the proposal contains trade secrets, proprietary information, or that the information, if disclosed, would cause substantial injury to the competitive position of the individual submitting the information. Such exception may extend to the information contained in the request itself, if public disclosure would defeat the purpose for which the exception is sought. The request for such exception must be in writing and state the reasons for the requested exception. If CWC grants the individual s request for exception from disclosure, CWC shall keep such proposal in secure facilities and shall notify the individual of any request received for disclosure of the proposal. 3.4 NOTIFICATION OF AWARD The CWC will notify the successful respondent verbally, followed by written confirmation. Each individual whose proposal is rejected will be notified in writing by the CWC. A contract defining all terms and conditions of the parties will be drafted by CWC. The contract may incorporate specifications of this RFP, and as much of the successful individual s final proposal as may be appropriate among its provisions. 3.5 LIABILITY CWC is not liable for any costs incurred by any respondent for work performed to prepare his/her proposal or for any work performed in connection therewith prior to the date the contract is fully executed. 17 of 19

18 SECTION IV CONTRACTUAL INFORMATION 4.0 CONTRACT TERM The contract term will be through December 31, The contract term may be extended upon approval of the parties. 4.1 SUBCONTRACTING REQUIREMENTS The contractor/consultant/technician may not subcontract any work on this project without prior written approval of the CWC. 4.2 PAYMENT PROCESS Payments for services performed to the satisfaction of CWC shall be made within sixty (60) days receipt of duly authenticated invoices/vouchers and upon approval by the CWC. Invoices shall be submitted no more than once a month, and include a detailed description of the services performed by the contractor/consultant/technician for which the contractor/consultant/technician is seeking payment. 4.3 STATEMENT OF NON-COLLUSION The statement of non-collusion is on the subsequent page. Please sign and submit the statement with your bid proposal. 18 of 19

19 STATEMENT OF NON-COLLUSION By submission of this bid, each bidder and each person signing on behalf of any bidder certifies, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief: (1) The prices in this bid have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; (2) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to opening, directly or indirectly, to any other bidder or to any competitor; and (3) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit a bid for the purpose of restricting competition. I hereby agree to the best of my knowledge that the statements above are true and correct, and I am authorized to sign this form on behalf of the bidder. Authorized Signature of Bidder Date 19 of 19