Web viewThis is a request for proposals for a web-based system that municipalities may use to...

Metropolitan Area Planning Council

Operation and Maintenance Database

Request for Proposals

[insert RFP number here]

Metropolitan Area Planning Council, 60 Temple Place, Boston MA 02111www.mapc.org Main phone (617)933-0700

http://www.mapc.org/

Stormwater Operation and Management DatabaseProposal Due date: [insert date]


Table of Contents1. General Information.............................................................................................4

1.1 General Submission Requirements...................................................................42. Overview..............................................................................................................6

2.1 Summary.......................................................................................................62.1.1 Client Background...................................................................................62.1.2 Project Overview.........................................................................................62.1.3 Budget........................................................................................................72.1.4 Project Timeline..........................................................................................7

2.2 Scope of Work...................................................................................................72.2.1 Project Proponent........................................................................................72.2.2 Property Owner/ Operator...........................................................................82.2.3 Municipal User.............................................................................................92.2.4 Public User..................................................................................................9

3 O&M Database Technical Evaluation Criteria........................................................103.1 Technical Merit................................................................................................10

3.1.1 Functionality.............................................................................................103.1.2 Look and Feel............................................................................................103.1.3 Platforms...................................................................................................103.1.4 Timeline....................................................................................................10

3.2 Experience......................................................................................................113.2.1 Category 1................................................................................................11

4 Proposal Evaluation and Selection.........................................................................124.1 Proposal Selection Process..............................................................................124.2 Review of Responses.......................................................................................124.3 Minimum Quality Requirements......................................................................12

5 RFP Process Timeline.............................................................................................145.1 Timeline..........................................................................................................14

6 Proposal Preparation.............................................................................................156.1 General............................................................................................................156.2 Technical Proposal..........................................................................................17

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6.2.1 Proposal Signature Page...........................................................................176.2.2 Summary Letter........................................................................................176.2.3 Organization Identification........................................................................176.2.4 Legal & Financial Information....................................................................176.2.5 Qualifications and Experience of Project Team.........................................176.2.6 Previous Experience and References........................................................186.2.7 A Description of Your Proposed Solutions..................................................186.2.8 Schedule and Budget................................................................................186.2.9 Additional Information...............................................................................186.2.10 Certifications and Additional Certifications Pages...................................18

6.3 Price Proposal..................................................................................................187 Proposal Submission..............................................................................................19

7.1 Separate Submission Requirement.................................................................197.2 Technical Proposal..........................................................................................197.3 Price Proposal..................................................................................................19

8 Important Things to Know.....................................................................................218.1 Disclosing Who Bid..........................................................................................218.2 Terms and Conditions......................................................................................218.3 Contract Term.................................................................................................218.4 No Obligation to Proceed.................................................................................22

9 Required Signature Forms.....................................................................................2310 Sample Municipal Participant Agreement............................................................2811 Sample Contract..................................................................................................31

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1. General Information

This is a request for proposals for a web-based system that municipalities may use to streamline the process of producing, approving, reporting on, and enforcing stormwater operation and maintenance (O&M) plans. This product must have user interfaces for four main groups of people: the project proponent, the property owner or operator, officials from the municipal permitting authority, and members of the public.

Proposal Due Date: [insert date]

Proposal Subject: Online stormwater Operation and Maintenance plan database

RFP Number: [insert number]

RFP Availability: The RFP may be obtained between [insert date range] by contacting [staff person’s name], MAPC, by email at [staff email]

or by phone at [staff phone].

Return RFPs to: [staff name]Metropolitan Area Planning Council60 Temple Place, 6th Floor ReceptionBoston, MA 02111

This procurement conforms to the requirements of Massachusetts General Laws, c. 7 s. 22B and c. 30B.

Please read this entire document before responding or submitting questions.

1.1 General Submission RequirementsCompetitive sealed proposals for the services specified will be received by MAPC, at the above specified location, until the time and date cited. Faxed or emailed submissions will not be accepted. Proposals must be in the actual possession of MAPC on or prior to the exact time and date indicated above according to MAPC’s 6th floor reception area clock. Late proposals will not be considered.

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At a minimum, vendors must submit all materials requested in accordance with the exact specifications of this request for proposals and in the order and format requested in order to be considered complete and responsive. Vendors whose proposals are complete and meet the minimum quality requirements and general proposal requirements will have their proposals reviewed. Meeting minimum and general proposal requirements does not mean that a vendor will be selected for the project.

It is mandatory that price and technical proposals be submitted in separate sealed envelopes. Failure to submit proposals in separate sealed envelopes will result in rejection of the proposal. Proposals must include the following:

One original price proposal and one electronic copy of the price proposal on a thumb drive using a widely accessible software format in a sealed envelope clearly marked with the words: “MAPC 2014 Commonwealth Connect – Price Proposal” as well as the vendor’s name. Please use the Price Proposal page provided in this RFP.

One original technical proposal and one electronic copy of the technical proposal on a thumb drive using a widely accessible software format in a sealed envelope or box clearly marked with the words: “MAPC 2014 – Commonwealth Connect – Technical Proposal” as well as the vendor’s name.

Technical proposals must also include the signed Proposal Signature page, Certification page, and Additional Certification page as provided in this RFP.

See Section 7 for a complete listing of materials required for proposal submission.

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2. Overview2.1 Summary

2.1.1 Client BackgroundMAPC is the regional planning agency serving the people who live and work in the 101 cities and towns of Metropolitan Boston. Our mission is to promote smart growth and regional collaboration. Our work is guided by our regional plan, MetroFuture, which engages the public in responsible stewardship of our region. MetroFuture is a bold but achievable plan “to make a Greater Boston Region” — to better the lives of the people who live and work in Metropolitan Boston between now and 2030.

2.1.2 Project OverviewStormwater runoff from impervious surfaces such as pavement and rooftops impact the environment in two major ways: by limiting the amount of rain water that filters through the ground and recharges the aquifers, and by washing pollutants such as fertilizers or bacteria into rivers and lakes. To lessen these environmental damages, MassDEP established a set of 10 Stormwater Management Standards. MassDEP has also released the Massachusetts Stormwater Handbook, to help developers understand and follow the Standards.

Generally, the Standards establish limits on environmental impacts that a development can have on erosion, discharge, infiltration, and pollution. Developers must minimize these environmental impacts through three components: site planning, controlling sources of pollution and sedimentation, and installing structural Best Management Practices (BMPs), such as infiltrators. The Handbook describes these three components, including comprehensive descriptions of the Best Management Practices and their appropriate maintenance schedules. For example, the Standards require that “for land uses with higher potential pollutant loads, source control and/or pollution prevention shall be implemented in accordance with the Massachusetts Stormwater Handbook to eliminate or reduce the discharge of stormwater runoff…”1 The Handbook indicates that such land uses may require installation of an oil grit separator as one of the Best Management Practices to lower the pollutant load. The Handbook also warns that in order for such a BMP to remain effective, it must be well-maintained—inspected monthly and cleaned twice per year, at a minimum.2

1 Massachsuetts Department of Environmental Protection. Massachusetts Stormwater Handbook, volume 1, chapter 1 page 2. http://www.mass.gov/eea/agencies/massdep/water/regulations/massachusetts-stormwater-handbook.html. Accessed on January 29, 2015.2 Massachsuetts Department of Environmental Protection. Massachusetts Stormwater Handbook, volume 2, chapter 2, page 6.

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http://www.mass.gov/eea/agencies/massdep/water/regulations/massachusetts-stormwater-handbook.html




To ensure that developments meet the Standards, developers are required to submit documentation outlining how they plan to deal with construction and post-construction run-off and pollution.3 In the project planning stages, a developer must receive approval from local authorities that the site design, pollution prevention measures, and BMPs will be sufficient to minimize the development’s environmental impact. Standard 9 specifically requires project proponents to create and have approved an Operation and Maintenance (O&M) plan for both continuing the source controls after construction and for maintaining the various structural BMPs.

There are several challenges that developers and municipalities across the Commonwealth face with regards to the O&M plans. Since the appropriate BMPs and minimum maintenance requirements are laid out in the Handbook, O&M plans are very repetitive, which needlessly costs developers more in consultant fees. Once the plans are approved, they are rarely enforced, because the permitting authorities have no centralized way of keeping track of the plans or their reporting requirements. When a development changes ownership, the new owner may not be aware of her legal requirements for maintaining the stormwater facilities on her property. Finally, there is no way for members of the public to learn about how well or how poorly developers in their communities have maintained their stormwater facilities.

The RFP seeks a vendor to develop an online platform for entering, approving, enforcing, and viewing these O&M plans.

[insert additional language on the relationship between MAPC, the vendor, and the participating municipalities]

2.1.3 Budget[insert language on budget and what budget should cover]

2.1.4 Project Timeline[insert language on project timeline]

2.2 Scope of WorkThe following section contains short narratives that describe four distinct user experiences for the online platform. MAPC will not specify what kind of architecture should underlie the required functionality described below. Prospective vendors who

http://www.mass.gov/eea/agencies/massdep/water/regulations/massachusetts-stormwater-handbook.html. Accessed on January 29, 2015.3 Massachsuetts Department of Environmental Protection. Massachusetts Stormwater Handbook, volume 2, chapter 1, page 1. http://www.mass.gov/eea/agencies/massdep/water/regulations/massachusetts-stormwater-handbook.html. Accessed on January 29, 2015.

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feel that they can provide these experiences with an existing product are encouraged to describe their proposed solution in their RFP response.

MAPC will accept applications from multiple entities providing complementary solutions for the distinct parts of the project, but one partner must act as the chief contracting and financial entity. This lead partner must submit a single proposal on behalf of the partnership. The proposal should state clearly how project responsibilities will be divided among the partners.

2.2.1 Project ProponentThe property developer needs to create an Operation and Maintenance plan for the property that she intends to build on, to submit that plan to the permitting authority for approval, and to upload relevant documentation to the site for archiving.

First, the project proponent creates a user account through a web-based interface. Information recorded in her user account will include user name, project name, organization, contact information, and password. After creating her account, she adds a new development project, and fills out a form with basic project information, including the project name and location. Since her project may encompass multiple parcels, she must be able to either draw project boundaries on a map, upload a polygon, or select parcels from an interactive map. Certain characteristics of the project, such as the affected subwatershed(s), should be automatically populated. She will be required to fill in at least one legally responsible party, such as the property owner, and will specify at least one point of contact who will serve as the liaison with the municipality.

In order to create the language of the permit application, the project proponent selects the Best Management Practices (BMPs) that she proposes to construct on the property. She will be able to specify the number of each type of BMP, along with a description of their locations, and references to features on a map. She uploads a PDF sketch plan of the project site with the locations of the BMPs. The inspection and maintenance requirements (including schedule of activities) populates automatically, based on the minimum requirements laid out in the Handbook (or as modified by the local permitting authority), and she will review, edit if necessary, and confirm them. She also fills in a section on pollution source controls, such as how paint or other potential pollutants will be stored responsibly, or that paved areas will be regularly swept to reduce sedimentation. The project proponent will also provide an estimated annual O&M budget, and will also upload legal documentation that establishes the relationship between the property owner and those legally responsible for carrying out the O &M plan.4

4 Massachusetts Department of Environmental Protection. Checklist for Stormwater Report. Page 8. http://www.mass.gov/eea/docs/dep/water/laws/i-thru-z/swcheck.pdf. Updated on April 1, 2008.

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http://www.mass.gov/eea/docs/dep/water/laws/i-thru-z/swcheck.pdf



Once the project proponent finishes adding the BMPs and source control information, she exports the completed Operation and Maintenance plan as a .pdf, so that she can submit the plan to the permitting authorities for approval. If the plan is not approved, she will sign back into the project and make changes to the plan, as requested by the permitting authorities. Once the plan is approved, an agent from the permitting authority will lock it for editing. The project proponent then uploads the approved final permit documents including the following: final PDF “as built” map with BMP reference numbers corresponding to the O&M plan; spatial data (.shp, .kmz, CAD files) of stormwater system; Order of Conditions or other permit documents issued by local authorities. She will also record the book and page numbers indicating where permit documents and supporting materials are recorded at the county registry of deeds.

2.2.2 Property Owner/ OperatorThe property owner/ operator is responsible for maintaining BMPs and reporting on their status periodically to the municipal permitting authority. After the O&M plan is created by the property proponent and locked by the municipal official, it will automatically populate a schedule of due dates both for maintenance tasks and for reporting.

The property owner/ operator logs in to his account to see a dashboard or summary report that shows him upcoming maintenance and reporting due dates, which he can filter by project, activity, due date, or status. He receives alerts for reporting and maintenance, both upcoming and past due. He can set his preferences for the frequency (daily, weekly, etc.), content (upcoming, past due), and format (email, text) of these alerts.

When the owner/operator completes a particular maintenance task, he marks it as completed, specifies a date completed, and adds comments about the activity or corrective action taken. He can also upload supporting documents such as scans of receipts or photographs of the work being completed. The date that the record was edited will be recorded automatically. If a maintenance task was not completed, the owner/operator indicates that on the form.

When it is time for the owner/operator to submit his report to the permitting authority (probably annually or each 6 months), he can click a button that automatically generates a report. He will have the opportunity to edit that report, and to add comments or explanations related to any uncompleted tasks. He then checks a box to swear to the accuracy of the report, and exports it as a .pdf for mailing, or emails it directly to the permitting authority.

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2.2.3 Municipal UserOfficials from the municipal permitting authority, need to be able to lock an O&M plan for editing once it is approved, to quickly see any overdue reports, and to issue enforcement communications to owner/operators with overdue reports.

When they sign into their accounts, they will see a dashboard of projects, where they will be able to view upcoming or overdue reports. If a report is overdue, they can click an “issue enforcement” button that will automatically produce a letter that details the maintenance requirements that should have been completed and reported on, along with the due dates for both. If an email address is on file, they can email the letter directly to the Owner or Operator, and if not, they will have the option to print and mail the letter. The municipal users can select more serious enforcement letters to send if they have already sent warning letters.

Municipal users can view a “grade” for each owner/ operator on how well the owner/operator meets maintenance and reporting deadlines. The grade will be automatically produced based on percent of maintenance activities completed and reported in last two years. This grade may be weighted based on the importance of the maintenance task (missing an annual catch basin cleaning would detract more from the score than missing a weekly street sweeping).

2.2.4 Public UserConcerned citizens can go to the website and view a map that shows the O & M plans for their neighborhoods on a map, along with color-coded grades. They can hover over these projects with their cursors to see details on the property name and owner.

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3 O&M Database Technical Evaluation Criteria

All proposals will be evaluated by the following technical criteria.

Submissions will be evaluated on technical merit and experience of the vendor.

3.1 Technical Merit

The proposals will be evaluated in 4 categories: functionality, look and feel, platforms, timeline. Described below are the characteristics that would make up a not advantageous, advantageous, and highly advantageous response in each of those categories.

[insert concrete criteria below]

3.1.1 FunctionalityRating Criteria

Highly AdvantageousAdvantageous

Not Advantageous

3.1.2 Look and FeelRating Criteria


Not Advantageous

3.1.3 PlatformsRating Criteria


Not Advantageous

3.1.4 TimelineRating Criteria


Not Advantageous

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3.2 ExperienceThe proposals will be evaluated for the experience of the vendor.

[insert categories and corresponding criteria below]

3.2.1 Category 1Rating Criteria


Not Advantageous

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4 Proposal Evaluation and Selection4.1 Proposal Selection Process

MAPC has determined that the selection of the most highly advantageous offer for the solicited services requires comparative evaluation of substantive factors in addition to cost. Such factors include technical merit of the proposed solution and the experience of the vendor as well as prior client satisfaction.

A selection committee shall determine a composite rating of Highly Advantageous, Advantageous or Not Advantageous for each proposal reviewed by the selection committee. One or more finalists may be invited to demonstrate their solution in person. The selection committee will check references of some or all prospective vendors. After a composite rating has been determined for each proposal, the selection committee shall open and review the cost proposals and determine the most highly advantageous proposal taking into consideration the ratings on all comparative evaluation criteria and the cost. The selection committee will make a formal recommendation to MAPC that a contract be awarded to the vendor or vendors determined to have provided the most highly advantageous proposal or proposals.

MAPC shall award the contract within thirty (30) days after the date established for receiving the proposals. All proposals shall remain valid and acceptable for 90 days from the last proposal due date. This time may be extended by mutual consent of selected vendor and MAPC.

4.2 Review of Responses

MAPC reserves the right, as the interests of MAPC may require, to reject any or all RFP responses and to waive any informality in responses that are received. MAPC also reserves the right at any time before responses are due to cancel these RFP requirements, or, after receipt and evaluation, to modify these requirements or cancel them entirely, or to initiate a new RFP.

If clarification of the contents of any RFP response is required, MAPC will request such clarification by the involved prospective vendor either in writing or in person. Prospective vendors must be prepared at any reasonable time to communicate with MAPC to clarify their proposal.

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4.3 Minimum Quality Requirements

A vendor must meet the following minimum criteria before being evaluated further:

Submit a proposal the meets all of the requirements of this RFP. Possess and present documented evidence of a minimum of 3 years paid

experience performing work consistent with the subject of this RFP. Possess verifiable academic, professional, and/or general management

credentials relevant to the specific subject of this RFP. Be available for in-person meetings with MAPC and/or participating

municipalities across Massachusetts.

Proposals that do not meet these minimum qualifications will not be eligible for further consideration.

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5 RFP Process Timeline5.1 Timeline

Request for Proposals Available

[insert date and time]

Questions Due to MAPC [insert date and time]

Responses to Questions [insert date and time]

Proposals Due [insert date and time]

RFP Award Decision [insert date and time]

All questions and other communications related to this RFP should be directed to [insert staff person’s name] at [insert email and phone number].

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6 Proposal Preparation6.1 General

The RFP response shall be prepared providing a straightforward, concise delineation of the prospective vendor's commitment to satisfy the requirements of this RFP. Accuracy and completeness are essential. Omissions and ambiguous or equivocal statements will be viewed unfavorably and will be considered in the evaluation. Since all or a portion of the successful RFP Response may be incorporated into any ensuing contract, all prospective vendors are further cautioned not to make claims or statements that cannot be subsequently included in a legally binding agreement.

All RFP requirements must be submitted for each party comprising the prospective vendor’s organization (or joint venture) as well as all named subcontractors.

1. All proposals must be signed by appropriate, authorized individual or individuals. For example, if the vendor is a partnership, it must be signed with the name of the partnership, with the signature of each general partner. If the vendor is a corporation, it must be signed by the authorized officer whose signature must be attested to by the Clerk/Secretary of the corporation and the corporate seal affixed, or appropriate certificate of authorization. If the vendor is an individual, the vendor must enclose a letter certifying sole proprietorship in lieu of documented signing authority. The proposal document must be submitted with an original ink signature (blue ink is preferred).

2. Consortiums, joint ventures, or teams submitting proposals will not be considered responsive unless it is established that all contractual responsibility rests solely with one contractor or one legal entity. The Proposal must indicate the responsible entity.

3. Contractor should be aware that joint responsibility and liability will attach to any resulting contract and failure of one party in a joint venture to perform will not relieve the other party or parties of total responsibility for performance.

4. Erasures, interlineations or other modifications in the proposal shall be initialed in original ink by the authorized person signing the offer.

5. Periods of time, stated as a number of days, shall be calendar days unless otherwise indicated.

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6. Individuals are encouraged to submit proposals. Individuals who submit proposals will not be subject to requirements that are only applicable to businesses such as authorized signatory and financial stability certifications.

7. It is the responsibility of all vendors to examine the entire RFP packet and seek clarification of any item or requirement that may not be clear and to check all responses for accuracy before submitting a proposal. Negligence in preparing an offer confers no right of withdrawal after due time and date.

8. All questions and requests for clarification must be received in writing by [insert date and time]

9. Addenda documenting changes to this RFP or responses to questions and requests for clarification will be distributed via email to all prospective vendors who have obtained the RFP, provided MAPC has sufficient contact information for the prospective vendor. To ensure that Proposers have taken all addenda into consideration, acknowledgement of receipt of each addendum issued must be noted in the space “Addendum #” provided on the Proposal Signature Page (Section 10, Required Forms).” Inserted per Addendum #1.

10.Failure of any vendor to acknowledge receipt of any such addenda shall not relieve such vendor from any obligation under the proposal as submitted. At the time of the opening of proposals, each vendor shall be conclusively presumed to have received and understood all RFP documents, including all addenda, and the failure of any vendor to examine any form, instrument, or other document which is part of the RFP shall in no way relieve such vendor from any obligation arising under law from the submission of a proposal. Failure of any vendor's proposal to address any addendum or addenda may also result in the rejection of the entire proposal. Any costs incurred by the vendor’s as a result of responding to this RFP are to be borne by the vendor and are not to be reimbursable by the MAPC.

11.A vendor may correct, modify, or withdraw a proposal by written notice if received by MAPC prior to the time and date set for the proposal opening. Proposal modifications must be submitted in a sealed envelope clearly labeled “modification No. _.” Each modification must be numbered in sequence and must reference the original RFP. After the proposal opening, a vendor may not change any provision of the proposal in a manner prejudicial to the interests of MAPC or fair competition. Minor informalities will be waived or the vendor will be allowed to correct them. If a mistake and the intended correct wording are clearly evident on the face of the proposal document, the mistake will be corrected to reflect the intended correct meaning and the

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vendor will be notified in writing; the vendor may not withdraw the proposal. A vendor may withdraw a proposal if a mistake is clearly evident on the face of the proposal document, but the intended correct wording is not similarly evident.

12.A selection committee will judge proposals and recommend a vendor for award by MAPC.

13.The contract will be awarded within thirty (30) days of this proposal opening. (A sample contract is enclosed with the RFP). This RFP as well as the successful vendor’s response will become part of the contract.

14.MAPC reserves the right to cancel all or part of this solicitation. The issuance of this solicitation does not imply any commitment to purchase any product or services from any vendor.

15.MAPC is the awarding entity that will sign the contract. MAPC will manage the progress of the vendor’s work.

16.The vendor will be paid directly by participating municipalities, and will submit invoices to municipalities, not MAPC.

MAPC’s expectations regarding the content of Technical Proposals and Price Proposals are outlined in the following sections. Responses to this RFP shall include all information requested below.

Any proposal not completed in the manner specified below and submitted by the due date will not be evaluated. Please carefully read what is listed below.

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6.2 Technical Proposal

6.2.1 Proposal Signature PageUse the completed Proposal Signature page provided in Section 9 as a cover sheet for the Technical Proposal.

6.2.2 Summary Letter Submission of the letter will constitute a representation by your firm that your firm is willing and able to perform the commitments contained in the proposal. The letter must be signed by a person authorized by your firm to obligate your firm to perform the commitments contained in the proposal. The letter must also include a statement that your firm is able to comply with the contract requirements.

6.2.3 Organization IdentificationProvide, as applicable, the following information about the vendor's organization, company, partnership, coalition or unincorporated association:

Vendor's Name Federal Identification Number Office Address and Telephone Number Name and Telephone Number of Vendor's contact person. This person must

be capable of committing the Vendor to an agreement with the MAPC. Number of years Vendor operated under this name. Brief description of the nature of Vendor's business. Number of years Vendor has been in continuous operation. Type of business organization and where registered or incorporated. The names and addresses of all parent corporations, officers, general and/or

limited partners:o If the Vendor has conducted business under any name other than the

current name of the organization/company, state the time when, and place where, the certificate required by M.G.L.c. 110, §5, was filed.

Attach Dunn & Bradstreet Reports for past two years.

6.2.4 Legal & Financial InformationList any legal actions taken against or by the vendor within the last five (5) years relating to a claim of contract default, including without limitation its provision of a constituent relationship management/ work order management system. For each legal action, provide the parties involved, the date of the action, any judgments and a brief description.

6.2.5 Qualifications and Experience of Project TeamProvide a brief history of the prospective vendor’s firm or organization.

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Indicate the composition of the entity or entities who will perform the work, e.g., an independent company, a partnership, a joint venture, or a combination involving prime and sub-vendors. The role of each participating entity shall be fully described. The prospective vendor shall detail specifically the work that it proposes to do with its own forces and the work to be performed by others. A reasonably approximate percentage of job hour effort shall be indicated for each such participating entity.

Identify the key personnel to be assigned to the project, including their key responsibilities. Include a brief summary of each individual’s qualifications and relevant experience. Identify the proposed project manager who will be responsible for the day-to-day execution of the project and his or her relevant experience in leading similar efforts.

6.2.6 Previous Experience and ReferencesProvide contact information, including name, organization, address, phone number, and email, for at least three references for projects of a similar scope and size. For each reference, provide a brief summary of the nature of the work and the outcomes of the engagement.

6.2.7 A Description of Your Proposed SolutionsThe technical proposal should describe your proposed solutions for the components outlined in Sections 1 and 2. For ease of review, please separate these proposals into three distinct sections. Provide a detailed description of your proposed solution. The description should show your understanding of the requested scope of services. Special methods, techniques, or personnel required by a particular task should be covered. In this section, prospective vendors should clearly demonstrate what makes them well suited to conduct this work.

6.2.8 Schedule and BudgetRespondents should clearly demonstrate how they intend to deliver the proposed solution on schedule and within budget. Describe the intended method of task planning and budget control including a table showing each task, the proposed schedule, and the anticipated level of effort for each task. (Do not include specific price references in the Technical Proposal.)

6.2.9 Additional InformationThe prospective vendor may provide any other information that may be relevant for the review and evaluation of the prospective vendor’s experience or capabilities.

6.2.10 Certifications and Additional Certifications PagesInclude the signed Certifications Page and the Additional Certifications Page in the Technical Proposal.

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6.3 Price Proposal Indicate prospective vendor’s proposed per-municipality pricing on the completed the Price Proposal Page provided in Section 9. All prices quoted shall be exclusive of Massachusetts sales tax and use tax and federal excise tax, from which municipalities are exempt. Proposal prices must remain firm for 90 days after the proposal opening.

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7 Proposal Submission7.1 Separate Submission RequirementThe following is a really important requirement. It’s easy to get it wrong; please don’t.

Each proposal must be submitted in two (2) separate sealed envelopes, one containing only technical information and marked ‘TECHNICAL PROPOSAL’, and the other containing only price information and marked “PRICE PROPOSAL.” Under no circumstances shall any price information be included with a technical proposal. Failure to submit a separate sealed Price Proposal will result in disqualification of the entire Proposal.

Proposals must be submitted in two separate sealed envelopes with the RFP number [insert RFP Number] and the Proposer’s name and address clearly indicated on the envelopes.

All exterior packaging (e.g., UPS, FedEx, etc.) must be properly labeled with the information listed below.

7.2 Technical ProposalTechnical Proposal envelope displays:

“RFP# NAME – Technical Proposal” Proposer Name Proposal Due Date (DATE)

Technical Proposal envelope contains one original: Proposal Signature Page (provided in Section 9) Technical Proposal including references (see Section 7 for detail) Certifications Page and Additional Certifications Page (provided in Section 9) Optional—Other supplemental materials considered by the Proposer to be

explanatory or exemplary and of benefit to MAPC in evaluating the Proposal Electronic copy of Technical Proposal on thumb drive

This sealed envelope shall be submitted or mailed to:

Metropolitan Area Planning CouncilAttn: [name]

60 Temple Place, 6th FloorBoston, MA 02111

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7.3 Price Proposal

Price Proposal Envelope displays: “RFP# NAME – Price Proposal” Proposer Name Proposal Due Date (DATE)

Price Proposal Envelope contains original: Price Proposal Page (provided in Section 9) Any further supporting documentation and materials as called for by Section

7 and in the Price Proposal Page.

This sealed envelope shall be submitted or mailed to:Metropolitan Area Planning Council

Attn: [name]60 Temple Place, 6th Floor

Boston, MA 02111

These two envelopes must be submitted or mailed separately. They must both reach MAPC by the RFP due date and time listed in Section 1.

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8 Important Things to KnowThis section describes other important things you should know about how this RFP process and the resulting contracts will be handled. Please read it thoroughly.

8.1 Disclosing Who BidA register of proposals with the name of each vendor and the number of options for which a proposal was submitted will be open for public inspection following the opening of the technical proposals. Proposals will be confidential until the completion of the evaluations, or until the time for acceptance specified in the RFP, whichever is earlier. All submissions will be public records. Do not submit confidential materials.

8.2 Terms and ConditionsInsuranceThe selected vendor shall at all times during the term of the contract maintain insurance coverage adequate to meet its obligations under this contract and shall provide MAPC will certification of such as a condition of award if requested.Payment for Services RenderedPayment for services will be the responsibility of [insert details here], consistent with vendor’s Price Proposal and any terms outlined in individual contracts between the vendor and municipalities. In no case shall MAPC be responsible for payment of any funds to the vendor. ExpensesAll work shall be completed using the vendor’s own resources. IndemnificationThe Contractor shall indemnify, hold harmless and defend MAPC, and their officers, agents, and employees from all liability of any nature or kind, including costs and expenses for all actions or claims resulting from injuries or damages sustained by any person or property arising directly or indirectly as a result of any error, omission or negligent or wrongful acts of the Contractor, subcontractor or anyone directly or indirectly employed by them in performance of this contract.Publicity and News ReleasesThe selected Contractor shall not make any pronouncements or news releases pertaining to this solicitation for proposals, the award of a contract, or interim and final work products without prior approval from MAPC.AccountabilityThe selected vendor will work under the direct supervision and direction of MAPC’s designated project manager, who shall be identified to the vendor in advance of any authorized communication.

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Acceptance of Work Product by MAPCA schedule of proposed deliverables must be included in the proposal and, upon agreement, will become part of the controlling contract. MAPC retains the right to reject any portion of vendor’s work product as unacceptable if determined to not meet the terms specified in vendor’s proposal and contract.

8.3 Contract Term

Successful vendor(s) will be awarded a contract for a three (3) period or until completion of contract, whichever is earlier.

8.4 No Obligation to ProceedThe MAPC is under no obligation to proceed with this project and may cancel this RFP at any time without the substitution of another, if such cancellation is deemed in the best interest of the MAPC. The MAPC reserves the right to reject any or all Proposals, as well as the right to waive informalities and minor irregularities in offers received. Furthermore, the MAPC may issue a new or modified RFP, if doing so is found to be in the best interest of the MAPC.

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9 Required Signature FormsThe following pages contain all the required forms that must be included with your submission:

Proposal Signature Page Certifications Page Additional Certifications Page Price Proposal Page

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Proposal Signature PageComplete this page and return as a cover sheet for the completed technical proposal.

MAPC 2014 Commonwealth Connect

________________________________ ______________________________Company Name Contact Person

_______________________________ ______________________________Street Phone

________________________________ ______________________________City, State, Zip Fax

________________________________Email

Proposer acknowledges receipt of the Request for Proposals (RFP) and Addendum No(s).______________, dated _______________________, and submits the attached proposal for this Request for Proposals to the Metropolitan Area Planning Council (MAPC), on the authority of the undersigned and as dated below. I confirm and pledge to abide by and be held to the requirements of this RFP and its resulting contract, to perform any tasks and deliver any documents required, and to execute a Contract with the MAPC.

Authorized Agent of the Contractor:

________________________________Signature (blue ink please)

________________________________Printed Name

________________________________ _________________

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Title (if a corporation, attach certificate of

vote or apply corporate seal here)________________________________Date

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Certifications PageComplete this page and return with the completed technical proposal.


As required under Chapter 233 and 701 of the Mass. Acts and Resolves of 1983 and Chapter 30B of the Mass. General Laws certification must be made to the following by signing in the space indicated below. Failure to offer such signature will result in rejection of the proposal.

A. “The undersigned certifies under penalties of perjury that this proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word person shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity, or group or individuals” and also;”

B. “Pursuant to M.G.L. c.62C, §49A, I certify under the penalties of perjury that to my best knowledge and belief the undersigned has complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.”



________________________________Printed Name

________________________________ _________________

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Additional Certifications PageComplete this page and return with the completed technical proposal.


Pursuant to 28 CFR Part 42.204 (d), I certify that my employment practices comply with Equal Opportunity Requirements and complies with 28 CFR Part 42.202.; that my organization complies with the Americans with Disabilities Act.



________________________________Printed Name

________________________________ _________________Title (if a corporation, attach certificate of


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Price Proposal Page

Complete and submit this with any attachments in a sealed envelope separate from the technical proposal.


The undersigned proposes to provide services to municipalities designated by the Metropolitan Area Planning Council in accordance with the response to its Request for Proposals (RFP). The prices below include all costs for meeting the requirements of this RFP and providing all deliverables listed din the Technical Proposal. You may provide additional detail on separate pages.

Per Municipality Per Municipality Per Year

One-timeCosts

Year 1 Maintenance & Support



Municipalities 1-10 Local

Hosted

Municipalities 11-20 Local

Hosted

Municipalities 21+ Local

Hosted



________________________________Printed Name

________________________________ _________________

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10 Sample Municipal Participant AgreementThe following pages contain a sample of the Municipal Participant Agreement that MAPC will enter into with participating municipalities.

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MUNICIPAL GRANT PARTICIPANT AGREEMENT

This Municipal Agreement is made between the Metropolitan Area Planning Council (MAPC), VENDOR NAME (the “Vendor”), and the approved Massachusetts City or Town (the “Municipality”) that executes this Municipal Agreement and elects to utilize software and services from the Vendor awarded a contract pursuant to MAPC RFP #NAME (the “Vendor Contract”). This Municipal Agreement is to be appended to and made a part of any contract between the approved Municipality and the Vendor pursuant to the Vendor Contract, and is a prerequisite to any payment hereunder.

RECITALS

WHEREAS, the MAPC, through a Commonwealth of Massachusetts Community Innovation Challenge (CIC) Grant, is supporting the development of a suite of applications that work across municipalities that allows individuals to report basic problems, such as potholes, directly to the appropriate Municipality; and

WHEREAS, the MAPC conducted a competitive solicitation pursuant to

Massachusetts General Laws, Chapter 7 §22B and Chapter 30B, §6, the MAPC’s Commonwealth Connect RFP #NAME, to make these applications available to participating Municipalities with potential, partial reimbursement through the use of the CIC Grant funds; and

WHEREAS, the MAPC awarded a contract to the successful Vendor(s) NAME (the “Vendor Contract”); and

WHEREAS, MAPC approved participating Massachusetts municipalities may acquire the software and services awarded under the RFP, on the same terms and conditions provided in the Vendor Contract, subject to local procurement requirements and the laws of the Commonwealth of Massachusetts, as well as any applicable municipal terms and conditions; and

WHERAS, subject to advance approval by the MAPC, CIC Grant funds may be reimbursed by the MAPC to the participating Massachusetts municipalities to pay for a portion of the cost of approved software and services provided a Municipality under the Vendor Contract.

NOW, THEREFORE, in consideration of the mutual promises contained in

this Municipal Agreement, and of the mutual benefits to result, the parties agree as follows:

1. Each party will facilitate the procurement of software and services pursuant to RFP #NAME for a term not to exceed three (3) years.

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2. The procurement of software and services subject to this Municipal Agreement shall be conducted in accordance with and subject to the relevant statutes, ordinances, rules and regulations that govern each party’s procurement practices.

3. The participation of any Municipality must be approved in advance by the MAPC, and any approved partial reimbursement is subject to the availability of CIC Grant funds.

4. A participating Municipality will make available to the MAPC, upon reasonable request, information and documentation which may assist in ensuring compliance with all contractual requirements.

5. The MAPC is not a party to the contract between the Municipality and the Vendor and shall have no obligations thereunder. The MAPC’s obligations are limited to making the software and services awarded under the RFP available to the approved participating Municipalities on the same terms and conditions as the Vendor Contract and approved partial reimbursements to the Municipalities subject to the availability of CIC Grant funds.

6. The Municipality is responsible to determine the applicability of M.G.L. c. 30B to any software, services, or any other purchases procured outside of the Vendor Contract. The MAPC shall have no obligations with respect to such “off-contract” purchases. Payment for any off-contract purchases shall be the exclusive obligation of such procuring Municipality.

7. The Commonwealth of Massachusetts shall have no obligations under this Municipal Agreement.

Participating Municipality Metropolitan Area

Planning Council

[City/Town] of _______________

___________________________ ___________________________

Signature Signature

___________________________ ________________________ Print Name and Title Print Name and Title

Vendor

___________________________

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___________________________Signature

___________________________ Print Name and Title

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11 Sample ContractThe following pages contain a sample contract that MAPC will enter into with the selected vendor.

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SAMPLE CONTRACT FOR PROFESSIONAL SERVICES

BY AND BETWEEN

METROPOLITAN AREA PLANNING COUNCIL

AND

INSERT SERVICE PROVIDER’S NAME

This agreement, dated INSERT DATE OF SIGNING IN BLANK__________ is made and entered into by and between the METROPOLITAN AREA PLANNING COUNCIL [“MAPC”] a public body politic and corporate, established by Chapter 40B, Sections 24 through 29 of the Massachusetts General Laws with its principal office at 60 Temple Place, Boston, Massachusetts, 02111, and INSERT SERVICE PROVIDER’S CORRECT LEGAL NAME [“Service Provider"], with its principal office at INSERT SERVICE PROVIDER’S ADDRESS.

Witnesseth that the parties have AGREED as follows:Article I

Description and Scope of the Work

1. The Service Provider will provide professional services to undertake and perform all appropriate tasks to produce the INSERT PROJECT NAME and related work products as called for in MAPC’s “Statement of Work Request (INSERT SOW or RFP No. when available)” dated Insert Work Request Date, attached as Exhibit A, and incorporated herein, and as further described in the Service Provider’s “Proposal” dated Insert Proposal Date attached as Exhibit B, and incorporated herein.

Article II

Time of Performance

2. The Service Provider shall commence work immediately upon execution of this Agreement and shall complete performance no later than Insert Contract End Date. Time shall be of the essence in relation to the Service Provider’s performance under this Agreement. Reasonable extensions may be granted at the sole discretion of MAPC, provided the justifying circumstances are beyond the reasonable control of the Service Provider and without fault of the Service Provider. Extensions shall be valid only when written and signed by MAPC’s signatory to this Agreement or a properly authorized designee. In the event of such an extension, all other terms and conditions of this Agreement, except the dates of commencement and completion of performance, shall remain in full force and effect between the parties unless modified in writing.

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Article III

Revisions in the Work to be Performed

3. If during the term of this Agreement, MAPC requires revisions or other changes to be made in the scope or character of the work to be performed, MAPC will promptly notify the Service Provider. For any changes to the scope of work, the Service Provider shall notify MAPC of associated costs in writing. The Service Provider shall make the necessary changes only upon receipt of a written acceptance of the costs and a written request from MAPC in response to a draft deliverable or progress report.

4. MAPC will neither unreasonably request revisions nor unreasonably withhold final acceptance of work by the Service Provider. Any revisions or changes requested by MAPC will not unreasonably depart from the current understanding of the nature and scope of the work to be performed.

Article IV

Payment for Services

5. MAPC’s total payment to the Service Provider under this Agreement shall not exceed the Total Project Amount stated in the Service Provider’s “Price Proposal” dated INSERT DATE, attached as Exhibit C, unless authorized in writing under paragraph three (3). This amount shall include any and all expenses and costs incurred by the Service Provider herein, including but not limited to, taxes, insurance costs, personnel costs and overhead. NOTE If the funding for this contract is contingent on MAPC receiving funds from another contract, usually from a state or federal agency please include the following language: MAPC will pay the Service Provider upon receipt of funds from INSERT AGENCY designated for such specific purpose. MAPC will promptly pursue disbursal of funds from said agency, which will be used to pay the Service Provider. END NOTE

6. MAPC shall make payment to the Service Provider pursuant to the “Deliverables and Payment Schedule” set forth in the Service Provider’s “Price Proposal” attached as Exhibit C, subject to the following provisions:INSERT ANY ADDITIONAL PAYMENT PROVISIONS

Article V

Ownership and Confidentiality of Material, Work Products

7. The Service Provider shall afford MAPC unlimited access to any work product, including but not limited to all work papers, data, reports, questionnaires and other material prepared, produced or collected by the Service Provider under this Agreement. The Service Provider shall not use such materials for any purposes other than the purpose of this Agreement without the prior written consent of MAPC. All items furnished to the Service Provider by MAPC shall remain the property of MAPC.

8. MAPC reserves a royalty-free, nonexclusive, and irrevocable right to

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reproduce, publish, and otherwise use, and authorize others to use, the copyright in any work developed under this agreement, and any rights of copyright acquired with funds provided under this Agreement.

9. MAPC shall have unlimited rights to any data first produced or delivered under this Agreement.

10. Upon completion of this project or termination for or without cause, the work product in its entirety becomes the property of MAPC, and Service Provider shall return any documents, models, tools, plans or items whatsoever belonging to or supplied by MAPC.

Article VI

Assignment

11. The parties shall not assign nor transfer their respective interests in this Agreement, in part or in whole, without the prior written consent of the other.

Article VII

Release of MAPC

12. In consideration of the execution of this Agreement by MAPC, the Service Provider agrees that simultaneously with the acceptance of what MAPC tenders as the final payment under this Agreement, the Service Provider will execute, and deliver a release of MAPC from all claims, demands, and liabilities arising from, growing out of, or in any way connected with this Agreement. It is agreed that the person who, in fact, executes and delivers said release, shall be authorized and empowered to execute and deliver the same on behalf of the Service Provider.

Article VIII

Indemnification

13. The Service Provider shall indemnify, defend and hold harmless MAPC and all of its officers, agents and employees, against all suits, claims, demands and liabilities of every name and nature, both at law and in equity, based upon or arising out of any action taken by the Service Provider in its performance of this agreement or upon the Service Provider’s failure to comply with the terms of this Agreement in the performance of its work, whether by it, its employees, or its Sub-Contractors.

Article IX

Insurance

14. The Service Provider shall secure, and maintain in effect throughout the term of this Agreement, insurance adequate to meet its obligations hereunder and shall provide MAPC with certification of such, if requested.

Article X

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Severability

15. In the event any provision of this Agreement is found by a court of appropriate jurisdiction to be unlawful or invalid, the remainder of the Agreement shall remain and continue in full force and effect.

Article XI

Termination of Agreement

16. MAPC or the Service Provider may terminate this Agreement upon immediate written notice should the other party fail to perform substantially in accordance with the terms of the Agreement with no fault attributable to the other.

17. In the event of a failure to materially perform by the Service Provider, the notice of such breach shall be accompanied by the nature of the failure, and shall set a date by which the Service Provider shall cure the failure. If the Service Provider fails to cure within the time as may be required by the notice, MAPC may at its option, terminate the Agreement.

18. In the event of a failure to materially perform by MAPC, the Service Provider shall provide written notice of such breach and the reason therefore prior to taking any further action and the time, thirty days or more, to cure such failure.

19. Notwithstanding any language to the contrary within this Agreement, MAPC may terminate this agreement without cause at any time, effective sixty days beyond a termination date stated in a written notice of termination. In the event of termination, the Service Provider shall be compensated for work product and services performed prior to the date of termination. In no event shall the Service Provider be entitled payment for any services performed after the effective date of termination, and under no circumstances shall the total price paid under the contract exceed the amount referenced in paragraph five (5).

Article XII

Compliance with Conflict of Interest Laws

20. The Service Provider warrants and represents to MAPC that, to the best of its knowledge, no officer or employee of Service Provider who has participated in the preparation or negotiation of this Agreement, or who will participate in the execution of this Agreement, nor such employee's spouse, parents, children, brothers or sisters, partner, any business organization in which he or she is serving as officer, director, trustee, partner or employee, nor any person with whom he or she is negotiating or has any arrangement concerning prospective employment, has a financial interest in this Agreement, except as permitted under Massachusetts General Laws, Chapter Two Hundred Sixty-Eight A, Section Six. The Service Provider further warrants and represents to MAPC that, to the best of its knowledge, no employee of Service Provider has a financial interest, either directly or indirectly, in the

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Agreement except as permitted under Massachusetts General Laws, Chapter Two Hundred Sixty-Eight A, Section Seven.

Article XIII

Governing Law and Jurisdiction

21. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts. Both parties agree to submit their respective jurisdiction and venue to the state and federal courts in the Commonwealth of Massachusetts to resolve any disputes or disagreements that may arise under any provision of this Agreement.

Article XIV

Complete Agreement

22. This Agreement, and the Exhibits attached hereto and incorporated herein constitute a total agreement of the parties and supersede all prior agreements and understandings between the parties, and may not be changed unless agreed upon in writing by both parties.

Article XV

Service Provider Status

23. Service Provider, or any employees of Service Provider are under no circumstances employees, agents, or representatives of MAPC.

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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized officers on the date written below.

For the METROPOLITAN AREA PLANNING COUNCIL

X Date:

Name:

Title:

For INSERT SERVICE PROVIDER’S CORRECT LEGAL NAME

X Date:

Name:

Title:

* * * * * *

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