April 1 2014 Complete Agenda

MAYORANDCITYCOUNCIL

WORKSESSIONTuesday,April1,20141:00P.M.

AClosedSessionisscheduledfrom11:30A.M.1:00P.M.todiscusslegal,contractualandpersonnelmatters.

AGENDA

1. CALLTOORDER

2. REPORTONCLOSEDSESSIONTuesday,April1,201411:30a.m.1:00p.m.

3. COMMENTSFROMTHEPUBLIC AnypersonwhomaywishtospeakonamatterscheduledfordiscussionontheWorkSessionAgenda

maybeheardduringCommentsfromthePublicforaperiodofthree(3)minutesorsuchtimeasmaybedeemedappropriatebytheCouncilPresident.Anyonewishingtobeheardshallstatetheirname,addressandtheAgendaitemonwhichheorshewishestospeak.

4. NEWBUSINESS

A. RetirementRecognitionofTomShuster,DirectorofRecreationandParks

B. RecognitionofVolunteeroftheYearPhilReidpresentedbyOCRecreationBoosters

C. PrivateEventApprovalRequestforDewTourJune2629,2014

D. OceanCityDevelopmentCorporationpresentationbyExecutiveDirectorGlennIrwinand

PresidentBobGivarz 1. AnnualUpdate 2. RequesttoRenewSomersetPlazaLeases

E. BidAwardRecommendationforATVspresented by ProcurementManager

F. RequestforApprovaltoPurchaseFireClothingGearpresentedbyAssistantFireChief

G. BeachPatrolHeadquarterspresentedbyCityEngineer 1. FinalDesign 2. RequesttoSolicitProposalsforConstructionManagementServices

H. RequestPermissiontoSoleSourcePurchasePublicSafetyBuildingDetentionAreaControl

SystempresentedbyCityEngineer

I. DiscussionofPolicyRegardingStructuresonExistingCommercialPierspresentedbyPlanningandCommunityDevelopmentDirector

J. PresentationofFY15FinancialOperatingPlanbyCityManager

5. ADJOURN

WORK SESSION -MAYOR AND CITY COUNCIL TUESDAY, APRIL 1, 2014

2. Report on Closed Session April 1, 2014 11:30 a.m. 1:00 p.m. Legal and Contractual Matters

NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY

AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of Maryland PURPOSES:

X

1. To discuss: (i) the appointment, employment, assignment, promotion, discipline, demotion,

compensation, removal, resignation or performance evaluation of appointees, employees or officials over whom it has jurisdiction; or

(ii) any other personnel matter that affects one or more specific individuals;

2. To protect the privacy or reputation of individuals with respect to a matter that is not related to public business

3. To consider the acquisition of real property for the public purpose and matters directly related thereto;

4. Consider a matter that concerns the proposal for a business or industrial organization to locate, expand or locate in the state; 5. Consider the investment of public funds; 6. Consider the marketing of public securities;

X 7. Consult with counsel to obtain legal advice;

8. Consult with staff, consultants or other individuals about pending or potential litigations;

9. Conduct collective bargaining negotiations or consider matters that relate to the negotiations;

10. Discuss public security if the public body determines that public discussion would constitute a risk to the public or public security, including; a) the deployment of fire and police services and staff; and b) the development and implementation of emergency plans 11. Prepare, administer or grade a scholastic, licensing or qualifying examination;

12. Conduct or discuss an investigative proceeding on actual or possible criminal conduct;

13. Comply with a specific constitutional, statutory or judicially imposed

requirement that prevents public disclosures about a particular proceeding or matter; or

X

14. Before a contract is awarded or bids are opened, discuss a matter directly related to a negotiation strategy or the contents of a bid or proposal, if public discussion or disclosure would adversely impact the ability of the public body to participate in the competitive bidding or proposal process

DATE AND TIME: Tuesday, April 1, 2014 11:30 a.m. PLACE: City Hall SUBJECT: Legal, Contractual and Personnel Matters VOTE: UNANIMOUS OTHER: FOR: AGAINST:

ABSTAIN: ABSENT:

REPORT OF CLOSED SESSION OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY

Prior to this open session of the Mayor and City Council being held on Tuesday, April 1,

2014, a closed session was held on Tuesday, April 1, 2014 at 11:30 a.m. The following is

a report of the closed session.

1. A statement of the time, place, and purpose of the closed session is attached.

2. A record of the vote of each member as to closing the session is attached.

3. A citation of the authority under the law for closing the session is attached.

4. (a) Topics of Discussion: Legal, Contractual and Personnel Matters

(b) Persons present:

Mayor Richard Meehan City Manager David Recor Council President Lloyd Martin Council Secretary Mary Knight Council Members Doug Cymek; Margaret Pillas; Brent Ashley; Dennis Dare and

Joe Mitrecic City Solicitor Guy Ayres Public Works Director Hal Adkins Chief Deputy Director of Public Works Jim Parsons Eagles Landing Manager Bob Croll Golf Superintendent Joe Perry Executive Office Associate Diana Chavis Action(s) taken:

Motion to close meeting:

Time adjourned:


3. COMMENTS FROM THE PUBLIC

Any person who may wish to speak on a matter scheduled for discussion on the Work

Session Agenda may be heard during Comments from the Public for a period of three (3) minutes or such time as may be deemed appropriate by the Council President. Anyone wishing to be heard shall state their name, address and the subject on which he or she wishes to speak.


4. NEW BUSINESS

A. Retirement Recognition of Tom Shuster, Director of Recreation and Parks

IN APPRECIATION OF TOM SHUSTER 16 YEARS OF SERVICE

Tom Shuster has contributed Sixteen (16) years of dedicated service that is reflected in his accomplishments as the Director of Recreation and Parks for the Town of Ocean City, Maryland; and WHEREAS, Tom Shuster has played a visionary leadership role as the Director of the Recreation and Parks Department in Ocean City since 1998; and WHEREAS, Tom Shusters professionalism, skills and experience have been instrumental in achieving the well-recognized success of Recreation and Parks for the Town of Ocean City, Maryland. NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town of Ocean City, Maryland, along with the Ocean City Council, do hereby commend Tom for his Sixteen (16) years of devoted service and wish him a happy and healthy retirement, and further bestow upon him the honorary title of Director Emeritus of Recreation and Parks. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the Town of Ocean City, Maryland to be affixed this 1st day of April in the year of Our Lord two thousand and fourteen. ____________________________________ RICHARD W. MEEHAN Mayor


4. NEW BUSINESS

B. Recognition of Volunteer of the Year Phil Reid presented by OC Recreation Boosters

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council FROM: David L. Recor, ICMA-CM, City Manager RE: Volunteer of the Year Recognition DATE: March 27, 2014 ISSUE(S): Volunteer of the Year SUMMARY: On behalf of the OC Recreation Boosters, Reba Felty, President of

the Boosters, will pay tribute to their volunteer of the year Phil Reid. Phil received his Doctorate Degree for completing Ocean City University, the Citizens Police Academy and the Community Emergency Response Team program. He serves as a member of the OC Board of Adjustment and Appeals, and has donated countless hours for: Swing For Youth Golf Tournament Christmas with Santa at Northside Park Winter Festival of Lights Hot Chocolate Booth Easter Program for Children at Northside Park Mayors Open House New Years Day Convention Center on Election Day Sundaes In The Park Concerts at Sunset Park Springfest Sunfest Operation Clean Sweep sponsored by OCDC Halloween program at NSP

FISCAL IMPACT: Not applicable RECOMMENDATION: Not applicable ALTERNATIVES: Not applicable RESPONSIBLE STAFF: Not applicable COORDINATED WITH: Kate Gaddis, Recreation Superintendent ATTACHMENT(S): None

Agenda Item # 4B

Council Meeting April 1, 2014


4. NEW BUSINESS

C. Private Event Approval Request for Dew Tour June 26-29, 2014

TOWN OF

The White Marlin Capital of the World

TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Lisa Mitchell, Private Events Coordinator RE: Dew Tour DATE: February 25, 2014

ISSUE(S): Chris Prybylo for Alli Sports, a division of NBC Sports Group, is requesting approval of the 2014 Dew Tour.

SUMMARY: This event is part of a professional action sports tour involving

BMX, skateboarding and surfing. There is also an interactive festival village open to the public, featuring sponsor displays and product sampling, and concerts, which will take place on the beach north of the pier to about North Division Street. They will also have a boneyard located in the northeast section of the Inlet Lot. The Town of Ocean City and Alli staff will start event planning in early April, including the impact to the Town and the expectations of both the Town and Alli Sports. A draft Memorandum of Understanding (MOU) will then be created. It will distinguish responsibilities of both parties.

FISCAL IMPACT: Potential positive economic impact from lodging, food beverage,

recreation and other incidental expenditures related to this event.

RECOMMENDATION: This event requires substantial support and coordination from

city staff. Request Council approve only with MOU requirement. ALTERNATIVES: No staff alternatives suggested. RESPONSIBLE STAFF:

Lisa Mitchell, Private Event Coordinator

COORDINATED WITH: All appropriate departmental staff has reviewed, and the event will be coordinated with Beach Patrol, Fire Marshal, Public Works and OCPD.

ATTACHMENT(S): 1) June 2014 Calendar

2) Cover Sheet 3) Private Event Application 4) Site layout

Agenda Item # 4C


Sun Mon Tue Wed Thu Fri Sat 1

PE Ravens Beach Bash

2 3 4 5 6

PE - Longboard Challenge - TENTATIVE

7

PE - Longboard Challenge - TENTATIVE

8

PE - Longboard Challenge TENTATIVE PE OC Cruzers - TENTATIVE

9 10 11 12 13

PE Sun Run TENTATIVE PE Wine in the Park - TENTATIVE

14

PE Wine in the Park TENTATIVE Arts Alive PE - Air Show TENTATIVE PE Sand Duels Beach Soccer - TENTATIVE

15

PE Wine in the Park TENTATIVE Arts Alive PE - Air Show TENTATIVE PE Beach 5 Sand Soccer PE OC Cruzers - TENTATIVE

16 17

PE Firemens Pipe & Drum

18

PE - Firemens Parade

19 20 21

PE Beach 5 Sand Soccer

22

PE Beach 5 Sand Soccer - TENTATIVE

23 24 25 26

PE Dew Tour - TENTATIVE

27


28


29


30

2014

June

Ocean City Private Events

Name of Event: Dew Tour New Event: No

Date of Event: June 26-29, 2014

Date Application Received: January 21, 2014 Application Fee Paid: Yes/$100

Date Returned from All Departments: February 24, 2014 Total Cost to Town: $45,465.22

Revenue to Town: $1,975.00

Things to Note:

This event is a professional action sports tour, which will encompass BMX, skateboarding and surfing events. 100 of the worlds best athletes will compete for prize money, trophies and points on the overall Dew Cup title. An interactive Festival Village would be open to the public featuring sponsor displays, and sampling. A concert will also take place. Musical acts are TBD and will be coordinated with the Town. This event will be broadcast live on NBC domestically and internationally. It will also air on NBC Sports Network.

This event will take place on the beach, north of the pier up to North Division Street. The event will also use the Northeast corner of the Inlet Parking Lot for a TV compound and logistics yard, and the West OC Park n Ride for truck parking.

Set-up will begin at 12:01 am on June 12, 2014. The site will be completely broken down by 12:01 am on July 3, 2014. The event will require vehicular access to the beach in the following locations: Dorchester Street Crossover

Boardwalk; North Division Street Crossover Boardwalk; Inlet Lot Under the Pier. Offloading and loading will happen utilizing semi-trailers and all-terrain forklifts at Dorchester Street, North Division

Street, and the Inlet Lot. Will coordinate with OCPD for police presence. The event will utilize judging areas, P.A. System, tents and scaffolding. The event coordinators will contract with local security to supplement the OCPD. They will coordinate with both the

OCPD and security company. This event travels with a security manager. The event coordinators state the potential use of the parking lot at 65th Street and Cropper Concrete Plant lot for Truck

Parking. The event will provide their own medical Director and have an athlete and spectator medical plan, which will be

backed up by the Towns EMS. The event will take place rain or shine. However, depending on the weather, the competition schedule may be

adjusted. The coordinators will provide day labor for trash collection, but request the Town dump the trash each night. The coordinators will provide port-o-lets. The coordinators will sell event-related merchandise. Sampling will consist of Pepsi products in 3-ounce cups. Other tour sponsors may give away small premium items

such as beads, shoelaces, etc The event will be funded by sponsorship revenue and possible ticket revenue. The event sponsors may offer a raffle. The event will erect tents. While the event will not sell or serve alcohol to the general public, it may be served in a controlled/restricted VIP area.

It will be staffed accordingly, and not sold. The coordinators will contact and work with the beach stand vendors, implementing a similar plan to last year. The coordinators may ask for assistance with beach cleaning and the relocation of beach stand vendors, as agreed to

with each vendor. The coordinators may request to rent the Dorchester Street Parking Lot. If rented they will pay a fee. Expected number of spectators is estimated at 18,000 per day. The event coordinators have asked for access to city power.

Comments from Department Representatives:

FIRE MARSHAL Tent permits must be obtained from the Office of the Fire Marshal. It is understood that the sponsor is responsible for all medical treatment/care within the footprint of the event. This includes the medical treatment of volunteers, spectators, competitors and staff. The sponsor is responsible for all medical transports to medical facilities for medical emergencies that occur from within the footprint of the event. It is expected that a coordinator meeting will be held with the Fire Department to discuss all life safety, fire protection and medical concerns in the future, which will be held well in advance of the event. The coordinator is responsible for notifying AGH and PRMC, and for keeping AGH and PRMC in the loop as it pertains to the medical plan.

REC AND PARKS No identifiable tasks requested by Dew Tour. This event has a special exclusion from the Beverage Franchise agreement; however, all sampling must still be approved by the Mayor and Council. We would very much like if the Dew Tour could find a way to incorporate promotion of the Ocean Bowl Skate Park and its historical significance while the event is in town.

RISK MANAGEMENT This has been an annual event the past few years and each year it gets better. Insurance certificate to be obtained naming the Town of Ocean City as additional insured and certificate holder.

OCPD Officers will be assigned to the live event (24-hours/day). Additionally, a contingent of officers will be deployed for the concerts separate from those assigned to the live event. Estimated cost to the department is $28,500.

BEACH PATROL During load-in the Dorchester Street ramp must not be blocked. Also the emergency access (Dura Deck) on site cannot be blocked. Coordinator should provide assistance in moving crowds and helping emergency vehicles get through event site. This is a great event for Ocean City, and hope the concert performer chosen for this years event would be geared more towards Ocean Citys family values. We recommend this, or place a stipulation in the performers contract that if they perform something not acceptable, there will be a substantial financial penalty. The sponsors did a great job in clearing the event site when we detected lightning in the area during a previous years event.

PUBLIC WORKS Major special event approved and supported by the Town and Public Works Maintenance. This years event has extended dates for set-up starting June 12 and final tear-down date of July 3. Anytime there is an event of this size over such an extended period of time greatly affects Public Works. Though this group is mostly self-contained, we still will have many additional responsibilities and duties in support of this major event. The entire event will need to be removed from both the beach and Inlet Parking Lot by July 3, 2014, which only leaves the event four (4) days for total removal. This is a real concern due to the fact the 2013 event had almost two (2) weeks to tear-down. Estimated cost to the department is $16,965.22.

TRANSPORTATION Boardwalk Trams will be in operation from 10 am until 12 midnight. Boardwalk Tram lanes must be made clear and safe during those times of operation. As will other special events the $6 11am-4pm unlimited ride tram passes and resident senior bus passes will NOT be available or honored.

TOURISM Fully supports this event returning to Ocean City. OCCC, EMERGENCY SERVICES No comments or concerns.

Date on Council Agenda: March 3, 2014

Event Approved of Denied:

Other:

2014 Dew Tour

Ocean City Permit Application- Addendum 1

28. Pepsi product will be sampled in 3 oz. cups. Other tour sponsors may sample such as slurpees,

Fla-vor Ice, hot dogs, etc.) and/or give away premium items such as beads, shoe laces, key chains,

etc. Below is a list of current sponsors.

Current Dew Tour Sponsors

Tour Title Mountain Dew

Event Titles Toyota

Ion

(Open Targeting a wireless/technology company)

Associates Paul Mitchell

National Guard

Stride

Jack Links

Dogfunk

(Open Targeting an insurance company)

(Open Targeting a snack company)

(Open Targeting an apparel company)

(Open Targeting a quick service restaurant)

Suppliers Camp Woodward


4. NEW BUSINESS

D. Ocean City Development Corporation presentation by Executive Director Glenn Irwin and President Bob Givarz

1) Annual Update 2) Request to Renew Somerset Plaza Leases

TOWN OF


TO: The Honorable Mayor, Council President and Members of Council FROM: David L. Recor, ICMA-CM, City Manager RE: OCDC annual update and request to renew leases DATE: March 25, 2014

ISSUE(S): OCDC annual update and Somerset Street lease renewals SUMMARY: The OCDC provides an annual update of its activities pertaining

to its faade program, public art, organization, and employee housing each year to the Mayor and City Council. As part of this update, the OCDC requests the continued use of public right-of-way on Somerset Plaza for picnic tables, a bicycle rental business and a Segway/mobility, scooter/beach wheel chair rental business. Request that Mayor and Council consider approving: 1) Two leases of business use on public right-of-way on

Somerset Plaza. 2) Funds from these 2 business leases be used for special event

activities on Somerset Plaza. 3) Picnic tables in right-of-way for caf at 4 Somerset Plaza

FISCAL IMPACT: The two leases generate $2,000 each year. For the past 8 years

the OCDC has used these funds to pay for special events on Somerset Plaza. The caf will pay the Town of Ocean City directly for the tables in the public right of way.

RECOMMENDATION: Refer to Mayor and Council ALTERNATIVES: Not to have business uses in public right of way on this semi

pedestrian street and not to have special events on Somerset Plaza.

RESPONSIBLE STAFF: Matt Margotta, Director, Planning & Community Development COORDINATED WITH: Glenn Irwin, OCDC Executive Director ATTACHMENT(S): 1) PowerPoint presentation of OCDC revitalization activities

2) Proposed Segway lease at 6 Somerset Street with map 3) Proposed Bicycle lease at 8 Somerset Street with map 4) Proposed table agreement at 4 Somerset Street with map

Agenda Item # 4D

Council Meeting 4/1/14

OCDC UPDATE AND PRESENTATION TO MAYOR AND CITY COUNCIL

April 1, 2014

THE OCDC ORGANIZATION

129 Members

11 Committees

A Maryland Main Street Community

2014 COMMUNITY LEGACY FUNDING AWARDS

Faade Program

($50,000)

OCDC Business Assistance Program

($50,000)

St. Louis Avenue Decorative Street Lights

($75,000)

Sustainable Communities Plan Approved

OCDC FAADE PROGRAM 147 Buildings Renovated to Date $4.8 Million Private Sector Investment 6:1 Leveraging of Private to Public Dollars 9 Projects Underway

MARINA DECK 306 Dorchester Street

After

OLD TOWN APARTMENTS 10 8TH Street

Before After BEFORE AFTER

3 11th Street Before After

106 14th Street

After

OCDC GREEN BUILDING INITIATIVES PROGRAM

Pays 1/3 Cost Up to $5,000 for Qualifying Businesses

Energy Star Rated Windows and Doors, Insulation, Solar Panels, Wind Turbines, etc.

26 Projects Completed Over The Past Three Years

2 Projects Currently Underway

Over $400,000 in Total Improvements

OCDC FENCE PROGRAM 611 Baltimore Avenue

Before After

OCDC BUSINESS ASSISTANCE PROGRAM

Target Vacant Commercial Spaces

Attract New or Expanding Business

Permanent Interior Improvements

Financial Assistance Up to 1/3 Cost

Not To Exceed $5,000

Inlet to 17th Street In Designated Area

3 New Businesses Assisted In 2013

MARKETING/ PUBLIC INFORMATION

Updated OCDC Video

14th Annual OCDC /Art Davis Memorial Golf Tournament October 8, 2014

OCDC Newsletter To All Ocean City Property Owners

OC Today Discover Downtown Insert 20 pages

BOARDWALK BUSINESS DIRECTORY SIGNS

SEASONAL HOUSING Between four buildings the OCDC

manages 42 beds 108 Dorchester Street 110 Somerset Street

SEASONAL HOUSING 105 Dorchester Street

FAT DADDYS MIXED USE PROJECT

216 S. Baltimore Avenue

$90,000 Predevelopment

Grant Awarded by DHCD

Open for Spring 2014

Possible First SGIF Project

Completed in State

SUNSET PARK PARTY NIGHTS Thursdays in July and August

SOMERSET PLAZA SPECIAL EVENTS O C Cruzers & Music High School Bands

OTHER OCDC ASSISTED DOWNTOWN EVENTS

Crab Soup Cookoff

Brown Box Theatre Performances

Wicomico Street Winter Festival

Light Up Downtown Celebration

OC CLEAN SWEEP November 2, 2013

OCDC PUBLIC ART PROGRAM 2nd Street Wall Mural

UTILITY BOX PAINT PROGRAM 15th Street and Baltimore Avenue

UPCOMING PROJECTS/EVENTS

April 30, 2014 OCDC 14th Annual Meeting Public Art/Dolphin Sculpture Painting Additional Utility Boxes June 26, 2014 -Summer Kickoff Concert Sunset Park Sunset Park Music and Events Somerset Plaza Music and Events Fall 2014 OC Clean Sweep New OCBP Facility Land Exchange

ACTIONS REQUESTED OF CITY COUNCIL

Approval of Somerset Plaza Leases

Approval of Lease Amounts to OCDC Towards Costs of Somerset Plaza Special Events

OCDC - REVITALIZING DOWNTOWN OCEAN CITY ONE BUILDING AT A TIME

www.ocdc.org


4. NEW BUSINESS

E. Bid Award Recommendation for ATVs presented by

Procurement Manager

TOWN OF


TO: The Honorable Mayor, Council President and Members of Council

THRU: David L. Recor, ICMA-CM, City Manager

FROM: Catrice L. Parsons, Procurement Manager

RE: Request to award three (3) ATVs DATE: March 25, 2014

ISSUE(S): Approval to purchase three (3) ATVs as approved in the FY14 Budget.

SUMMARY: Request approval from the Mayor & City Council to award and purchase three (3) ATVs per the bid that was approved for

solicitation at the City Council work session dated February 11,

2014 to Horner Honda, in accordance with section 2.3 of the

Purchasing Policies.

FISCAL IMPACT: $16,440.00

RECOMMENDATION: Award the ATV bid to Horner Honda in the amount of $16,440.00

ALTERNATIVES: Do not purchase.

RESPONSIBLE STAFF: Catrice Parsons, Procurement Manager

COORDINATED WITH: Edward Kovacs, Second Lt./Srt. Beach Patrol

ATTACHMENT(S): 1) Bid Tabulation 2) Memo from Ward Kovacs, Second Lt./Srt. Beach Patrol

Agenda Item # 4E Council Meeting 04/01/14

OCEAN CITY BEACH PATROL

TOWN OF OCEAN CITY P.O. BOX 158

OCEAN CITY, MARYLAND 21843

410-289-7556

Fax: 410-289-8358 E-Mail: [email protected]

www.ococean.com/ocbp

Melbourne Butch Arbin III

Captain

Walter Skip Lee III

First Lieutenant

Lieutenants

Ward Kovacs

Michael Stone

Sergeants

Jeff Brabitz

Rick Cawthern

Ryan Cowder

Ben Davis

Jamie Falcon

Jason Konyar

James McVey

Mark Muller

Colby Phillips

Mat Postell

Tim Uebel

Brent Weingard

Office Staff

Debi Tyler, Head Secretary

Stella Malone, Secretary Kristen Joson, Public Relations

OVER 80

YEARS OF

SAVING LIVES

1930-2014

To: Catrice Parsons

From: Ward Kovacs

Re: Bid award for ATVs

Date: 3-25-14

Catrice,

After reviewing the bids you received for three ATVs, we would like to move

ahead with the purchasing of the items from the lowest bidders;

Three 2014 Honda Fourtrax at $5,480.00 each from Horner Honda.

Thanks,

Ward Kovacs

Horner HondaPete's Cycle

Co.

Talbot Power

Sports

Augusta Kawasaki

Suzuki

2014 Honda Four Trax Rancher 4x4 $5,480.00 $5,589.00 $5,699.00 $6,080.00

Total for Three ATVs $16,440.00 $16,767.00 $17,097.00 $18,240.00

Honda Four Trax Rancher 4x4 Bid


4. NEW BUSINESS

F. Request for Approval to Purchase Fire Clothing Gear presented by Assistant Fire Chief

25166

TOWN OF


TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Chris Shaffer, Assistant Fire Chief RE: Fire Gear Replacement DATE: March 25, 2014

ISSUE(S): Purchase replacement fire gear this is budgeted in the current budget.

SUMMARY: The Ocean City Fire Department is requesting to replace fifteen

(15) sets of fire turn out gear. These are budgeted items in both Volunteer and Career Division budgets. Municipal Emergency Services, Inc. is the low bidder.

FISCAL IMPACT: Total cost $25,575.00

15 Globe G-Xtreme Coats @ $970.00 15 Globe G-Xtreme Pants with Gemtor Loops @ $735.00

RECOMMENDATION: Approve purchase. ALTERNATIVES: Do not approve at this time. RESPONSIBLE STAFF:

Chris Larmore- Fire Chief Chris Shaffer- Assistant Fire Chief

COORDINATED WITH: Jennie Knapp, Budget Manager ATTACHMENT(S): 1) Fire Gear specification

2) Quotes from two vendors authorized by Globe Fire gear to sell in the state of Maryland.

Agenda Item # 4F



4. NEW BUSINESS

G. Beach Patrol Headquarters presented by City Engineer

1) Final Design 2) Request to Solicit Proposals for Construction Management

Services

TOWN OF

The White Marlin Capital of the World TO: The Honorable Mayor, Council President and Members of Council THRU: David L. Recor, ICMA-CM, City Manager FROM: Terence J. McGean, PE, City Engineer RE: Beach Patrol Headquarters design presentation and request for at-risk

construction management project delivery DATE: March 25, 2014 ISSUE(S): Beach Patrol Headquarters final design approval and construction

delivery SUMMARY: The final design concept for the Beach Patrol Headquarters

building has been completed. The design incorporates all the comments from the Mayor, City Council and staff. Revisions include raising the building for flood protection, widened sidewalk along Talbot Street, and increased space for Police report writing work stations. Request to use At-Risk Construction Management for project delivery. Under this system, a construction manager is selected for the project during the design process. The selection is based on qualifications and fees instead of a purely low bid contract advertised after the project is completely designed. This method allows the construction professional to work with the architect to insure that proper materials and methods are specified to produce a quality building within the allowable budget and time constraints. Once the project design is complete, the construction manager obtains pricing from sub-contractors and a final price for construction is established based on sub-contractor pricing and the previously stated construction management fee.

FISCAL IMPACT: $2 million dollars from FY14 Bond RECOMMENDATION: 1) Approve the final design concept.

2) Approve the use of at-risk Construction management for project delivery.

ALTERNATIVES: 1) Request additional design revisions

2) Use the conventional design/low bid project delivery method RESPONSIBLE STAFF:

Terence McGean, City Engineer

Agenda Item # 4G


P.O. BOX 158 OCEAN CITY, MARYLAND 21843-0158 City Hall (410) 289-8221 FAX (410) 289-8703

COORDINATED WITH: Tom Shuster, Recreation and Parks Director Lt. Kovacs, Beach Patrol Capt. Kirstein, Police Department Glenn Irwin, OCDC Executive Director Recreation and Parks Committee

ATTACHMENT(S): 1) Site Plan

2) Floor Plans 3) Renderings 4) Construction Management RFP

UP

UP

WD

UP

UP

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OCDCTARRY A WHILE

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A

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TALBOT ST

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9' - 0 3/8" 7' - 4"

PICKET FENCEFENCE

PICKETFENCE

EXG. LANDSCAPETO REMAIN

RETAININGWALL

6' - 6"

8' - 0"

8' - 0"

8' - 0"

TRASHCONTAINER

3

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SINGLE 20' - 0" WIDE OH DOOR

PICKET FENCE

EXIST. UTIL. BOXES

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8' - 0"

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1ST FLOOR 39012ND FLOOR 30223RD FLOOR 2554TOTAL ENCLOSEDBUILDING AREA 9,477 GSF

PATIO/PORCHTOTAL 1165 GSF

BUILDING AREA

SCALE:DATE:

DRAWN BY: PROJ MGR:

PROJECT NO:

Dover, DE309 S Governors Ave

Dover, DE 19904302.734.7950

Salisbury, MD312 West Main St, Suite 300

Salisbury, MD 21801410.546.9100

Wilmington, NC3205 Randall Parkway, Suite 211

Wilmington, NC 28403910.341.7600

www.beckermorgan.com

PROJECT TITLE

SHEET TITLE

ISSUE BLOCK

COPYRIGHT 2013

ISSUED FOROWNER REVIEW

NOT FOR CONSTRUCTIONNOT FOR PERMITS

PROFESSIONAL CERTIFICATION:I CERTIFY THAT THESE DOCUMENTS WEREPREPARED OR APPROVED BY ME, ANDTHAT I AM A DULY LICENSED ARCHITECTUNDER THE LAWS OF THE STATE OFMARYLAND.

LICENSE NUMBER:EXPIRATION DATE:

HARDIN-KIGHT ASSOCIATESGEOTECHNICAL ENGINEERS

7524 WB&A RD #100GLEN BURNIE, MD 21061

(410) 553-0802 fax: (410) 553-0808

MACINTOSHSTRUCTURAL ENGINEERS

300 DELAWARE AVEWILMINGTON, DE 19801(302) 555-5555 fax: (302) 555-5555

RMF ENGINEERINGMEP ENGINEERS

4 NORTH MAIN STREETSELBYVILLE, DE 19975(302) 436-2733 fax: (302) 436-5211

As indicated

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ARCHITECTURAL SITEPLAN

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104 DORCHESTER ST.OCEAN CITY MD 21842

OCEAN CITYBEACHPATROL

02.26.2014

SCALE: 1" = 10'-0"1 ARCHITECTURAL SITE PLAN

0'10' 5' 10'0'

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COVEREDENTRY

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ELEV. MECH103

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55 SF

ELEV101

192 SF

STAIR#2111

234 SF

OFFICE116

146 SF

ELEV LOBBY117

21 SF19' - 4 5/8"

JC118

40 SF25' - 6"

VEST.119

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DRAWN BY: PROJ MGR:

PROJECT NO:


Dover, DE 19904302.734.7950


Salisbury, MD 21801410.546.9100


Wilmington, NC 28403910.341.7600


PROJECT TITLE

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COPYRIGHT 2013







(410) 553-0802 fax: (410) 553-0808





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DRAWN BY: PROJ MGR:

PROJECT NO:


Dover, DE 19904302.734.7950


Salisbury, MD 21801410.546.9100


Wilmington, NC 28403910.341.7600


PROJECT TITLE

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COPYRIGHT 2013







(410) 553-0802 fax: (410) 553-0808





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DRAWN BY: PROJ MGR:

PROJECT NO:


Dover, DE 19904302.734.7950


Salisbury, MD 21801410.546.9100


Wilmington, NC 28403910.341.7600


PROJECT TITLE

SHEET TITLE

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COPYRIGHT 2013







(410) 553-0802 fax: (410) 553-0808





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Mark Date Description

SCALE:DATE:

DRAWN BY: PROJ MGR:

PROJECT NO:


Dover, DE 19904302.734.7950


Salisbury, MD 21801410.546.9100


Wilmington, NC 28403910.341.7600


PROJECT TITLE

SHEET TITLE

ISSUE BLOCK

COPYRIGHT 2013







(410) 553-0802 fax: (410) 553-0808





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03/10/14


CORNER ELEVATION

AERIAL EAST ELEVATION

SCALE:DATE:

DRAWN BY: PROJ MGR:

PROJECT NO:


Dover, DE 19904302.734.7950


Salisbury, MD 21801410.546.9100


Wilmington, NC 28403910.341.7600


PROJECT TITLE

SHEET TITLE

ISSUE BLOCK

COPYRIGHT 2013







(410) 553-0802 fax: (410) 553-0808





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03/10/14


SOUTH ELEVATION

NORTH ELEVATION WEST ELEVATION

i

TOWN OF OCEAN CITY OCEAN CITY, MARYLAND

REQUEST FOR PROPOSALS CONSTRUCTION MANAGMENT SERVICES

BEACH PATROL HEADQUARTERS

COUNCIL

LLOYD MARTIN PRESIDENT

MARY P. KNIGHT

SECRETARY

BRENT ASHLEY DOUGLAS S. CYMEK

DENNIS W. DARE JOSEPH MITRECIC MARGARET PILLAS

MAYOR CITY MANAGER RICHARD W. MEEHAN. DAVID RECOR

CITY ENGINEER

TERENCE J. MCGEAN, P.E.

PROPOSAL DATE/TIME: 11:00 AM, TUESDAY, APRIL 15, 2014

ii

KEY INFORMATION SUMMARY SHEET

Town of Ocean City

Construction Management Services

Request for Proposal Issue Date

March 12, 2014

Procurement Officer Terence J. McGean, PE

City Engineer Town of Ocean City 301 Baltimore Ave Ocean City, MD 21842 (410)289-8796 ph (410)289-8703 fax [email protected]

Pre-Proposal Conference

Wednesday, March 26, 2014 1:00 PM, City Hall

Question Submission Deadline

Friday, April 4, 2014 5:00 PM

Proposal Due Date and Time

Tuesday, April 15, 2014 11:00 AM

Short listed Firm Interviews (if applicable)

Monday, April 28, 2014 Exact Time-TBD

iii

TABLE OF CONTENTS SECTION 1-GENERAL INFORMATION SECTION 2--PREFERRED QUALIFICATIONS SECTION 3- INSTRUCTIONS TO OFFERORS SECTION 4-EVALUATION CRITERIA AND SELECTION PROCEDURES SECTION 5-TERMS AND CONDITIONS EXHIBIT I..STATEMENT OF WORK Attachment I.A. .................................................................................... Conceptual Design ATTACHMENTS

(RFP) Page 4 of 34

SECTION 1 - GENERAL INFORMATION 1. SUMMARY STATEMENT The Town of Ocean City is soliciting proposals from qualified Construction Management (CM) firms for pre-construction services, with the possibility of entering into a Guaranteed Maximum Price (GMP) contract, for construction of a new Beach Patrol Headquarters building to be located in Ocean City, Maryland. The approximately 10,000 square foot building includes vehicle storage, general storage, training areas and office space for the Ocean City Beach Patrol as well as bicycle storage and work areas for the Ocean City Police Department.

2. PROCUREMENT OFFICER The sole point-of-contact in the City for purposes of this RFP prior to the award of the Contract is the Procurement Officer listed below: Terence J. McGean, PE

City Engineer Town of Ocean City 301 Baltimore Ave Ocean City, MD 21842 (410)289-8796 ph (410)289-8703 fax [email protected]

3. PRE-PROPOSAL CONFERENCE

3.1. A Pre-Proposal Conference will be held on Wednesday, March 26, 2014 beginning at 1 P.M. local time at the Ocean City City Hall, 301 Baltimore Ave, Ocean City, MD. Participation is not mandatory, but all interested Offerors are encouraged to attend in order to facilitate better preparation of their proposals. In addition, attendance may facilitate the Offerors understanding of RFP requirements.

3.2. As promptly as is feasible subsequent to the Conference, the Town of Ocean City shall

endeavor to provide a summary of the Conference and all questions and answers known at that time, free of charge, to all prospective Offerors that attended the conference or otherwise notified the Town of Ocean City of its interest in the solicitation.

3.3. Distribution of such summary shall occur by email or other electronic means.

4. Intentionally Deleted 5. Intentionally Deleted 6. QUESTIONS

9.1. The Procurement Officer, prior to the Pre-Proposal Conference, will accept written questions from prospective Offerors. If possible and appropriate, such questions will be answered at the

(RFP) Page 5 of 34

Conference. (No substantive question will be answered prior to the Conference.) Questions may be submitted by mail, by facsimile, or preferably, by e-mail to the Procurement Officer. Questions, both oral and written, will also be accepted from prospective Offerors attending the Conference. If possible and appropriate, these questions will be answered at the Conference

9.2. Questions will also be accepted subsequent to the Pre-Proposal Conference. All post-Conference questions should be submitted in a timely manner to the Procurement Officer only. The Procurement Officer, based on the availability of time to research and communicate an answer, will decide whether an answer can be given before the proposal due date. The Town of Ocean City shall endeavor to provide answers to all substantive questions that have not previously been answered, and are not clearly specific only to the requestor, to all vendors that attended the pre-proposal conference or otherwise notified the Town of Ocean City (TOC) of its interest in the solicitation.

9.3. Distribution of such information shall occur by email or other electronic means

and/or publishing of such information on the TOC website (www.oceancitymd.gov). 9.4 All post conference questions should be submitted as soon as possible to the

Procurement Officer only. The deadline for receipt of questions is Friday, April 4, 2014 at 5:00 PM local time.

7. PROPOSALS DUE (CLOSING) DATE

7.1. Proposals must be received at the Office of the City Manager no later than 11:00 AM. (Local Time) on, Tuesday Aptil 15, 2014, in order to be considered.

7.2. Requests for extension of this date or time will not be granted. Offerors mailing proposals should

allow sufficient mail delivery time to ensure timely receipt by the City. Proposals received by the City after the deadline will not be considered. Proposals may not be submitted by e-mail or facsimile. Proposals will be opened and acknowledged publicly at the City Council meeting held at 1:00 PM, Tuesday, April 15, 2014

8. DURATION OF OFFER Proposals submitted in response to this RFP are irrevocable for 120 days following the closing date of proposals or of Best and Final Offers (BAFOs), if requested. This period may be extended at the Procurement Officer's request only with the Offeror's written agreement. 9. REVISIONS TO THE RFP

9.1. If it becomes necessary to revise this RFP before the due date for proposals, amendments will be provided to all prospective Offerors who were sent this RFP or otherwise are known by the Procurement Officer to have obtained this RFP. Amendments made after the due date for proposals will be sent only to those Offerors who submitted a timely proposal.

9.2. Acknowledgment of the receipt of all amendments to this RFP issued before the proposal due date shall accompany the Offerors Proposal in the transmittal letter accompanying the Technical Proposal. Acknowledgement of the receipt of amendments to the RFP issued after the proposal due date shall be in the manner specified in the amendment notice. Failure to acknowledge receipt of amendments does not relieve the Offeror from

(RFP) Page 6 of 34

complying with all terms of any such amendment. 10. CANCELLATIONS; DISCUSSIONS TOC reserves the right to cancel this RFP, accept or reject any and all proposals, in whole or in part, received in response to this RFP, to waive or permit cure of minor irregularities, and to conduct discussions with any or all qualified or potentially qualified Offerors in any manner necessary to serve the best interests of TOC. This may be followed by submission of Offeror-revised proposals and a BAFO. TOC also reserves the right, in its sole discretion, to award a contract based upon the written proposals received, without prior discussions or negotiations. 11. ORAL PRESENTATIONS Offerors may be required to make oral presentations to TOC representatives. Significant representations made by an Offeror during the oral presentation must be reduced to writing. All such representations will become part of the Offerors proposal and are binding if the contract is awarded. The Procurement Officer will notify Offerors of the time and place of oral presentations. Typically, oral presentations will follow a specified format and generally be limited to one (1) hour. The Procurement Officer will issue a letter with details and instructions prior to the presentations. If required, Interviews are tentatively scheduled to be held on Monday, April 28, 2014- exact time slots TBD. The presentation may include but not be limited to the following items in the Offerors Technical Proposal.

Description of how the Offeror plans to meet the identified requirements in the RFP; Experience and capabilities of prime consultant; Experience and capabilities of identified subconsultants; Description of organization; and Description of references and the scope of services to other clients by each reference.

12. INTENTIONALLY DELETED 13. INCURRED EXPENSES TOC will not be responsible for any costs incurred by an Offeror in preparing and submitting a proposal, in making an oral presentation, in providing a demonstration, or in performing any other activities relative to this RFP. 17. Intentionally Deleted 18. Intentionally Deleted 19. Intentionally Deleted

(RFP) Page 7 of 34

SECTION 2 QUALIFICATIONS Qualifications 1. The ability to demonstrate prior experience that includes:

Municipal or other government facilities of a similar nature. Construction in the coastal environment Familiarity with local conditions, laws and building codes

(RFP) Page 8 of 34

SECTION 3 INSTRUCTIONS TO OFFERORS 1. TWO PART SUBMISSION REQUIRED

1.1. Offerors must submit proposals in two separate volumes, which will be separately evaluated:

Volume I - TECHNICAL PROPOSAL Volume II - FINANCIAL PROPOSAL

1.2. Offerors must respond to all requirements identified in the RFP. Offerors who fail to do so MAY be deemed not reasonably susceptible of being selected for award.

2. INSTRUCTIONS FOR SUBMISSION OF PROPOSALS

2.1. Offerors must submit a separate sealed package for each "Volume." Each Volume and each separately sealed package are to be labeled either Volume I-Technical Proposal or Volume II-Financial Proposal.

2.2. On the outside of each sealed package, the Offeror must also include the TOC Project

Name, the name and address of the Offeror, the volume number (I or II), and the offers Ocean City business license number.

2.3. Three (3) paper copies of each volume are to be submitted.

3. TECHNICAL PROPOSAL FORMAT AND CONTENT

Proposals are to be prepared in such a way to provide a straightforward, concise delineation of capabilities. Proposal format shall adhere to the following for organization and content. Proposal must be divided into the individual sections listed below, indexed and tabbed.

3.1. Technical Proposal Introduction 3.1.1. Transmittal Letter A transmittal letter must accompany the Technical Proposal. The purpose of this letter is to transmit the proposal and acknowledge the receipt of any amendments/addenda to the RFP. The transmittal letter should be brief, include a point of contact (name, title, email and phone no.) and signed by an individual who is authorized to commit the Offeror to the services and requirements as stated in this RFP. Only one transmittal letter is needed, and it does not need to be bound with the Technical Proposal.

3.1.2. Title and Table of Contents

The Technical Proposal should begin with a title page bearing the name and address of the Offeror and the name of the project. A table of contents for the Technical Proposal should follow the title page. Information that is claimed to be confidential is to be placed after the Title Page and before the Table of Contents in the Offerors Technical Proposal, and if applicable, also in the Financial Proposal. Unless there is a compelling case, an entire proposal should not be labeled confidential but just those portions that can reasonably be shown to be proprietary or confidential.

(RFP) Page 9 of 34

3.1.3. Executive Summary

The Offeror shall condense and highlight the contents of the Technical Proposal in a separate section titled Executive Summary. The summary shall identify any exceptions the Offeror has taken to the requirements, terms and conditions contained in this RFP.

Warning: Exceptions to terms and conditions may result in having the proposal deemed unacceptable or classified as not reasonably susceptible of being selected for award. If an Offeror takes no exception to TOC terms and conditions, the Executive Summary should so state.

3.2 Work Plan The offeror shall present an approach for meeting the requirements set forth in the Statement of Work described in Exhibit I. At a minimum, please address the following:

a. Contract Organization (identify and explain the specific organization of your company and how this contract fits in with other areas of your company's operation).

b. Provide resumes of personnel who might be responsible for the

items set forth in the Statement of Work described in Exhibit I. Personnel Commitment: By submitting the names for consideration under this Key Personnel Section, the Proposer is committing these people to TOC for the duration of this contract. No personnel changes will be permitted without written authorization from TOC via a contract amendment issued by TOC.

c. Pre-construction Schedule 3.3 Description of Offeror

The offeror shall provide a brief overview of the offeror, including history, size, number of employees, etc. Please provide a description for all firms that are intended to participate in this project, including joint venture partners and subconsultants.

3.4 Experience of Offeror List relevant experience within the past five (5) years. In particular, identify any

comparable projects that have been completed and provide at least three (3) project references. 3.5. Intentionally Omitted

3.6. Intentionally Deleted

(RFP) Page 10 of 34

4. FINANCIAL PROPOSAL FORMAT AND CONTENT

4.1. Under separate sealed cover from the Technical Proposal and clearly identified with the same information noted on the Technical Proposal, the Offeror must submit an unbound original of the financial proposal (Attachment A), so identified, one (1) original signed paper copy,

4.2. The detailed Financial Proposal (Attachment A) shall state the following: 4.2.1. Pre-Construction Fee inclusive of all costs that will be charged to TOC

including reimbursables (lump sum value) 4.2.2. Construction CM Fee (as a percentage) 4.2.2. Construction Insurance (as a percentage) 4.2.2 General Conditions (indicate # of month assumed)

5. Intentionally Deleted 6. MANDATORY CONTRACTUAL TERMS

By submitting an offer in response to this RFP, the Offeror, if selected for award, shall be deemed to have accepted all of the requirements, terms and conditions set forth in this RFP. Any exceptions must be clearly identified in the Executive Summary of the Technical Proposal. A Proposal that takes exception to these terms may be rejected.

(RFP) Page 11 of 34

SECTION 4 EVALUATION CRITERIA AND SELECTION PROCEDURE 1.1. EVALUATION CRITERIA Evaluation of the Proposals will be performed by a committee established for that purpose and will be based on the criteria set forth below. Technical merit shall be given more weight than price in the process.

1.12. TECHNICAL CRITERIA

The criteria to be applied to each Technical Proposal are listed in descending order of importance:

Experience of key personnel

Description and experience of offeror, including size and current workload

Work Plan

Price (30%)

Interviews

References

1.2. N/A 1.3. N/A 1.4. Intentionally Deleted 1.5. GENERAL SELECTION PROCESS

1.5.1. The Contract will be awarded in accordance with the competitive sealed proposals process under TOCs Procurement Policies.

1.5.2. Prior to award of a contract pursuant to this RFP, TOC may require any or all Offerors to submit such additional information bearing upon the Offerors ability to perform the contract as TOC may deem appropriate. TOC may also consider any information otherwise available concerning the financial, technical and other qualifications or abilities of the Offeror.

(RFP) Page 12 of 34

1.5.3. TOC may hold discussions with any or all Offerors judged reasonably susceptible of being selected for award, or potentially so. TOC also reserves the right to develop a short-list of Offerors deemed most qualified based upon their Technical Proposals and conduct discussions with only the short-listed Offerors. However, TOC also reserves the right to make an award without holding discussions. Whether or not discussions are held, TOC may determine an Offeror to be not reasonably susceptible of being selected for award, in its sole and absolute discretion, at any time after the initial closing date for receipt of proposals and the review of those proposals.

1.6. AWARD DETERMINATION

1.6.1. Upon completion of all evaluations, discussions and negotiations, the selection committee will recommend award of the contract to the responsible Offeror(s) whose proposal is determined to be the most advantageous to the TOC considering technical evaluation factors and price factors as set forth in this RFP. 1.6.2. Based upon the Selection Committees recommendation, the Procurement Officer may

recommend award of the contract to the Mayor and City Council.

(RFP) Page 13 of 34

SECTION 5 TERMS AND CONDITIONS 1. ABBREVIATIONS AND DEFINITIONS For purposes of this RFP, the following abbreviations and terms have the meanings indicated below:

1.2. COMAR - Code of Maryland Regulations (available at www.dsd.state.md.us). 1.3. Contract Administrator (CA) The TOC representative for this Contract that is primarily

responsible for Contract administration functions, including issuing written direction, compliance with terms and conditions, monitoring this Contract to ensure compliance with the terms and conditions of the Contract and to assist the consultant in achieving on budget/on time/on target (e.g., within scope) completion of the Contract requirements. TOC may change the CA at any time by written notice to the Consultant.

1.5. Intentionally Deleted 1.6. Consultant The Offeror selected to receive the Contract award under the procedures

contained in this RFP. 1.7. Local Time Time in the Eastern Time Zone as observed by the State. 1.8. Management Agreement The agreement entered into between TOC and the selected Offeror

responding to this RFP. The agreement will include all general TOC terms and conditions, and will incorporate the entire RFP, including any amendments/addenda, and all or indicated portions of the selected Offerors proposal.

1.9. TOC TheTown of Ocean City Maryland. 1.10. TOC Business Hours 8:00 A.M. to 5:00 P.M., local time, Monday through Friday, excluding

City holidays. 1.11. TOC Procurement Policies Town of Ocean City Purchasing & Procurement Policies and

Procedures.

1.12. Notice To Proceed (NTP) A formal notification issued by the Procurement Officer that: (1) directs the Consultant to perform work, and (2) as of a date contained in the NTP, to begin performance of the work.

1.13. Offeror An entity that submits a Proposal in response to this RFP.

1.14. Procurement Officer (PO) The TOC representative responsible for this RFP and for the

resulting Contract. The Procurement Officer is also responsible for issuing notices to proceed, determining scope issues, and is the only TOC representative that can authorize changes to the Contract. TOC may change the Procurement Officer at any time by written notice to the Consultant.

1.15. Proposal - The technical and financial response provide by Offerors in response to this RFP. 1.16. RFP This solicitation.

(RFP) Page 14 of 34

2. OFFEROR RESPONSIBILITIES The Consultant shall be responsible for all products and/or services required by this RFP. The Consultant shall retain responsibility for all work performed by and any deliverable submitted by a subConsultant. If the Consultant that seeks to perform or provide the services required by this RFP is the subsidiary of another entity, all information submitted by the Consultant such as, but not limited to, references and financial reports, shall pertain exclusively to the Consultant, unless the parent organization will guarantee the performance of the subsidiary. If applicable, the Consultants proposal must contain an explicit statement that the parent organization will guarantee the performance of the subsidiary. 3. ARREARAGES The Consultant represents that it is not in arrears in the payment of any obligations due and owing the Town of Ocean City, including, by way of example only, the payment of taxes and employee benefits, and that it will not become so in arrears during the term of the Contract if selected for contract award. 4. PROTESTS Any protest related to this RFP will be subject to TOCs Procurement Policies and Procedures or the relevant provisions of the Contract. 5. NON-EXCLUSIVE USE It is TOCs intention to obtain the services described in this RFP under the resulting Contract. This Contract shall not be construed to require the TOC to use this Contract exclusively. TOC reserves the right to obtain services of any nature from other sources when it is in the best interest of TOC to do so and without notice to the Consultant. TOC makes no guarantee that it will purchase any products or services under the resulting Contract. 6. RIGHTS TO RECORDS

9.1. The Consultant agrees that all documents and materials, including but not limited to software, reports, drawings, studies, specifications, estimates, tests, maps, photographs, designs, graphics, mechanical, artwork, computations, and data prepared by the Consultant solely for purposes of this Contract with and delivered to TOC shall be the sole property of TOC and shall be available to TOC at any time. TOC shall have the right to use the same without restriction and without compensation to the Consultant other than that specifically provided by this Contract.

9.2. The Consultant agrees that, at all times during the term of this Contract and thereafter,

works created as deliverables under this Contract, and services performed under this Contract, shall be works made for hire, as that term is interpreted under U.S. copyright law. To the extent that any products created as deliverables under this Contract are not works for hire for the State, the Consultant hereby relinquishes, transfers, and assigns to the State all of its rights, title, and interest (including all intellectual property rights) to such products, and will cooperate reasonably with the State in effectuating and registering any necessary assignments.

(RFP) Page 15 of 34

9.3. The Consultant shall report to the Procurement Officer, promptly and in written detail, each notice or claim of copyright infringement received by the Consultant with respect to all data delivered under this Contract.

9.4. The Consultant may not affix any restrictive markings upon any data or materials provided under this Contract, and if such markings are affixed, TOC shall have the right at any time to modify, remove, obliterate, or ignore such warnings.

10. PATENTS, COPYRIGHTS, AND INTELLECTUAL PROPERTY

10.1. If the Consultant furnishes any design, device, material, process, or other item, that is

covered by a patent or copyright or that is proprietary to or a trade secret of another, it shall obtain the necessary permission or license to permit TOC to use such item.

10.2. The Consultant will defend or settle, at its own expense, any claim or suit against TOC

alleging that any such item furnished by the Consultant infringes any patent, trademark, copyright, or trade secret. If a third party claims that a product infringes that partys patent, trademark, copyright, or trade secret, the Consultant will defend TOC against that claim at the Consultants expense and will pay all damages, costs, and attorneys fees that a court finally awards, provided TOC: (i) promptly notifies the Consultant in writing of the claim; and (ii) allows the Consultant to control, and cooperates with the Consultant in, the defense and any related settlement negotiations. The obligations of this Section 6.2 are in addition to those stated in Section 6.3 below.

10.3. If any products furnished by the Consultant become, or in the Consultant's opinion are

likely to become, the subject of a claim of infringement, the Consultant will, at its option and expense: a) procure for TOC the right to continue using the applicable item; b) replace the product with a non-infringing product substantially complying with the item's specifications; or c) modify the item so that it becomes non-infringing and performs in a substantially similar manner to the original item.

11. CONFIDENTIALITY Subject to the Maryland Public Information Act and any other applicable laws, all confidential or proprietary information and documentation relating to either party (including without limitation any information or data stored within the Consultants computer systems) shall be held in absolute confidence by the other party. Each party shall, however, be permitted to disclose relevant confidential information to its officers, agents, and employees to the extent that such disclosure is necessary for the performance of their duties under this Contract, provided that the data may be collected, used, disclosed, stored, and disseminated only as provided by and consistent with the law. The provisions of this section shall not apply to information that (a) is lawfully in the public domain; (b) has been independently developed by the other party without violation of this Contract; (c) was already in the possession of such party; (d) was supplied to such party by a third party lawfully in possession thereof and legally permitted to further disclose the information; or (e) such party is required to disclose by law. 12. LOSS OF DATA In the event of loss of any TOC data or records where such loss is due to the intentional act or omission or negligence of the Consultant or any of its subconsultants or agents, the Consultant shall be responsible for recreating such lost data in the manner and on the schedule set by the Procurement Officer. The Consultant shall ensure that all data is backed up and recoverable by the Consultant.

(RFP) Page 16 of 34

13. INSURANCE

13.1. The Consultant and its subconsultants shall maintain Commercial General Liability Insurance or its equivalent, for bodily injury and property damage, including loss of use. It is preferred that coverage be provided on an occurrence basis. If claims made forms are submitted, the requirements noted after section G must be met. Such Commercial General Liability policy shall include the following extensions:

13.1.1. It is preferred that the general aggregate limit apply separately to this contract; 13.1.2.. Premises/Operations; 13.1.3. Actions of Independent Consultants; 13.1.4. Products/completed Operations to be maintained for two (2) years after

completion of the contract; 13.1.5. Contractual liability assumed under this contract; 13.1.6. Personal injury liability including coverage for offenses related to employment,

and for offenses assumed under this contract (delete any standard employment and contractual exclusions if contained in the personal injury coverage section).

13.2. The Consultant and its subconsultants shall maintain Business Automobile Liability Insurance which will pay for liabilities arising out of accidents involving the ownership, operation, maintenance or use of any owned, hired, or non-owned motor vehicles, uninsured motorists insurance and automobile contractual liability. NOTE: INSURANCE MUST BE ON A PRIMARY BASIS. CONTRACTUAL REQUIREMENTS MUST BE CLEARLY INDICATED ON CERTIFICATE OR BY ENDORSEMENTS.

13.3. The Consultant and its subconsultants shall maintain Workers Compensation Insurance as required by Maryland law.

13.4. The coverage listed above shall be written for not less than the following limits of

liability. Limits can be furnished by a combination of primary and excess (umbrella) policies. Commercial General Liability Insurance including all extensions $1,000,000 each occurrence; $1,000,000 personal injury; $1,000,000 products liability; $1,000,000 general aggregate Business Automobile Liability - $1,000,000 each accident

Workers Compensation Insurance statutory requirements. Employers liability insurance - $1,000,000 each accidental injury; and $1,000,000 each employee, $1,000,000 policy limit for disease.

13.5. All insurance policies required hereunder shall be endorsed to include the following

(RFP) Page 17 of 34

provision: It is agreed that this policy is not subject to cancellation, non-renewal, material change, or reduction in coverage until forty-five (45) days prior written notice has been given to TOC.

13.6. No acceptance and/or approval of any insurance by TOC shall be construed as

relieving or excusing the Consultant, or the surety or bond, if any, from any liability or obligation imposed upon either or both of them by the provisions of the Contract Documents.

13.7. Intentionally deleted 13.8. Insurance coverage required herein shall be in force throughout the Contract term.

Should the Consultant fail to provide acceptable evidence of current insurance within ten (10) days of receipt of written notice at any time during the Contract term, TOC shall have the absolute right to terminate the Contract without any further obligation to the Consultant, and the Consultant shall be liable to TOC for the entire additional cost of procuring substitute performance and the cost of performing the incomplete portion of the Contract at the time of termination.

13.9. Contractual and other liability insurance provided under this Contract shall not contain a supervision, inspection or engineering service exclusion that would preclude TOC from supervising or inspecting the operations of the Consultants as the end result.

13.10. The Consultant shall assume all on-the-job responsibilities as to the control of

persons directly employed by it and of agents or subconsultants and anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable. Consultant shall be as fully responsible to TOC for the acts and omissions of the subconsultants and of persons employed by them as it is for acts and omissions of persons directly employed by the Consultant.

13.11. TORT CLAIMS ACT. It is agreed that the Consultant and its insurers will not raise

or use, in the adjustment of claims or in the defense of suits against TOC, any immunity of the insured from tort liability (including Maryland Tort Claims Act), including any limitation of liability, unless requested by TOC.

13.12. The Consultant shall furnish subconsultants certificates of insurance to TOC upon request. 14. INTENTIONALLY OMITTED

15. INTENTIONALLY OMITTED 16. DISPUTES

16.1. All disputes arising under or as a result of a breach of the resulting Contract which are not disposed of by mutual agreement shall be resolved in accordance with this Section 7.

(RFP) Page 18 of 34

16.2. When a controversy cannot be resolved by mutual agreement, the Consultant shall submit a written request for a final decision to the City Engineer of the TOC. The written request shall set forth all the facts surrounding the controversy.

16.3. The City Engineer shall render a written decision within 90 days of receipt of the

Consultant's written request for final decision, unless the time is extended by mutual agreement of the parties to this Contract. This decision shall be furnished to the Consultant by certified mail, return receipt requested or by any other method that provides evidence of receipt. The decision shall be deemed the final action of the TOC. If a decision is not issued within 90 days, or within such extension of time as may be agreed upon by the parties to the Contract, it shall be deemed to be a decision not to grant the relief requested by the Consultant.

16.4. Pending resolution of a controversy, the Consultant shall proceed diligently with the

performance of the Contract in accordance with Procurement Officer's directions. 17. MARYLAND LAW This Contract shall be construed, interpreted, and enforced according to the laws of the State of Maryland. 18. NONDISCRIMINATION IN EMPLOYMENT The Consultant agrees: (a) not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, marital status, sexual orientation, national origin, ancestry, or disability of a qualified individual with a disability; (b) to include a provision similar to that contained in subsection (a) above in any subcontract except a subcontract for standard commercial supplies or raw materials; and (c) to post, and to cause subconsultants to post, in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause. 19. CONTINGENT FEE PROHIBITION The Consultant warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson or commercial selling agency working for the Consultant, to solicit or secure the Contract, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson or commercial selling agency, any fee or other consideration contingent on the making of the Contract. 20. NON-AVAILABILITY OF FUNDING If the City Council fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period of the Contract succeeding the first fiscal period, the Contract shall be canceled automatically as of the beginning of the fiscal year for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either TOCs rights or the successful Consultants rights under any termination clause in the Contract. The effect of termination of the Contract hereunder will be to discharge both the Consultant and TOC from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Consultant shall be reimbursed for the reasonable value of any nonrecurring costs incurred but not amortized in the

(RFP) Page 19 of 34

price of the Contract. TOC shall notify the Consultant as soon as it has knowledge that funds may not be available for the continuation of this Contract for each succeeding fiscal period beyond the first. 21. TERMINATION FOR CAUSE If the Consultant fails to fulfill its obligations under the resulting Contract properly and on time, or otherwise violates any provision of the Contract, TOC may terminate the Contract by written notice to the Consultant. The notice shall specify the acts or omissions relied upon as cause for termination. All finished or unfinished work provided by the Consultant shall, at TOCs option, become TOCs property. TOC shall pay the Consultant fair and equitable compensation for satisfactory performance prior to receipt of notice of termination, less the amount of damages caused by the Consultants breach. If the damages are more than the compensation payable to the Consultant, the Consultant will remain liable after termination and TOC can affirmatively collect damages. 22. TERMINATION FOR CONVENIENCE The performance of work under the resulting Contract may be terminated by TOC in accordance with this clause in whole, or from time to time in part, whenever TOC shall determine that such termination is in the best interest of TOC. TOC will pay all reasonable costs associated with this Contract that the Consultant has incurred up to the date of termination, and all reasonable costs associated with termination of the Contract; provided, however, the Consultant shall not be reimbursed for any anticipatory profits that have not been earned up to the date of termination. 23. DELAYS AND EXTENSIONS OF TIME

23.1. The Consultant agrees to perform this Contract continuously and diligently. No charges or

claims for damages shall be made by the Consultant for any delays or hindrances from any cause whatsoever during the progress of the work specified in this Contract.

23.2. Time extensions will be granted only for excusable delays that arise from unforeseeable

causes beyond the control and without the fault or negligence of the Consultant, including but not restricted to acts of God, acts of the public enemy, acts of the State or TOC in either its sovereign or contractual capacity, acts of another Consultant in the performance of a contract with TOC, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, or delays of subconsultants or suppliers arising from unforeseeable causes beyond the control and without the fault or negligence of either the Consultant or the subconsultants or suppliers.

24. SUSPENSION OF WORK The Procurement Officer unilaterally may order the Consultant in writing to suspend, delay, or interrupt all or any part of its performance for such period of time as the Procurement Officer may determine to be appropriate for the convenience of TOC. 25. INTENTIONALLY OMITTED 26. INTENTIONALLY OMITTED

(RFP) Page 20 of 34

27. RETENTION OF RECORDS The Consultant shall retain and maintain all records and documents in any way relating to this Contract for three years after final payment by TOC under this Contract or until the expiration of any applicable statute of limitations, whichever is longer, and shall make them available for inspection and audit by authorized representatives of TOC, including the Procurement Officer or the Procurement Officers designee, at all reasonable times. 28. WARRANTIES

The Consultant represents and warrants that:

28.1. It is qualified to do business in the State and that it will take such action as, from time to

time hereafter, may be necessary to remain so qualified; 28.2. It is not in arrears with respect to the payment of any monies due and owing the State, or

any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract;

28.3. It shall comply with all federal, State, and local laws, regulations, and ordinances

applicable to its activities and obligations under this Contract;

28.4. It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract.

29. COST AND PRICE CERTIFICATION By submitting cost or price information, the Consultant certifies, to the best of its knowledge, that the information submitted is accurate, complete, and current as of the date of the Consultants offer. The price under this Contract and any change order or modification hereunder, including profit or fee, shall be adjusted to exclude any significant price increases occurring because the Consultant furnished cost or price information that, as of the date of its offer, was inaccurate, incomplete, or not current.

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