Houston Avenue Stormwater Treatment Project

City of Takoma Park, Maryland Request for Proposals RFP #HCD-2024-03-05 Contract for Services: Houston Avenue Stormwater Treatment Project Publication Date: Request for Proposals (“RFP”) documents will be available beginning March 5, 2024. Bid packages may be obtained from the City of Takoma Park’s website at https://takomaparkmd.gov/services/bids-contracts/. Deadline: Proposals are due no later than 2:00 p.m. on April 4, 2024. Purpose: The City of Takoma Park invites qualified contractors to submit responses (“Proposals”) to this Request for Proposals for Project. Registration Information: All prospective responders must register with the City of Takoma Park to submit a responsive Proposal and receive future RFP communications, including any Request for Information updates. To register for the RFP, complete the following form:

href="https://takomapark.seamlessdocs.com/f/HoustonStormwaterReg." target="_blank">https://takomapark.seamlessdocs.com/f/HoustonStormwaterReg. Once completed, a confirmation of registration will be shared with the prospective Respondent. Responders registered before Monday, March 18, 2024 will receive a link to participate in the virtual Information Meeting scheduled Wednesday, March 20, 2024, at 1:00pm. Information Meeting: March 20, 2024, 1:00pm. Links for the webinar will be emailed to responders who register before Monday, March 18, 2024. Contacts: Daryl Braithwaite – City of Takoma Park, Maryland Director, Public Works Email: darylb@takomaparkmd.gov Patti Mallin – City of Takoma Park, Maryland Grants Coordinator, Housing and Community Development: Email: grants@takomaparkmd.gov Table of Contents STATEMENT OF PURPOSE .................................................................................................................. 3 BACKGROUND ................................................................................................................................... 3 DEFINED TERMS ................................................................................................................................. 3 FUNDING SOURCE AND REQUIREMENTS ............................................................................................ 4 NOTICE TO CONTRACTOR ................................................................................................................... 4 MANDATORY MINIMUM INSURANCE REQUIREMENTS ...................................................................... 5 PEDESTRIAN SAFETY .......................................................................................................................... 5 TREE PRESERVATION .......................................................................................................................... 6 MAINTENANCE OF TRAFFIC AND TRAFFIC CONTROL PLAN CERTIFICATION ......................................... 6 SCOPE OF WORK AND DELIVERABLES ................................................................................................. 6 PROPOSED PROJECT TIMELINE ........................................................................................................... 7 SUBMISSION REQUIREMENTS ............................................................................................................ 7 SUBMISSION INFORMATION AND DEADLINE ..................................................................................... 7 VIRTUAL INFORMATIONAL MEETING ................................................................................................. 8 EVALUATION AND SELECTION PROCESS ............................................................................................. 8 REJECTION OF SUBMISSIONS ............................................................................................................. 8 GENERAL TERMS AND CONDITIONS ................................................................................................... 9 GENERAL CLARIFICATION AND QUESTIONS ........................................................................................ 9 INCLUDED FORMS & EXHIBITS ........................................................................................................... 9 Form A – Sample Request for Proposal Submission Title Page (1 page) ............................................ 10 Form B – Cost Proposal Tabulation Form (4 pages) ........................................................................... 11 Form C – Experience & References Form (2 pages) ........................................................................... 15 Form D – Qualifications & Certification Statement (2 pages) ............................................................ 17 Form E – Certification of Non‐Involvement in the Nuclear Weapons Industry (1 page) ..................... 19 Form F – Living Wage Requirements Certification (2 pages) ............................................................. 20 Exhibit A – Sample Contract Agreement (11 pages) .......................................................................... 22 Exhibit B – Construction Documents (18 pages) ................................................................................ 34 Exhibit C – FEDERAL LABOR STANDARDS PROVISIONS ATTACHMENTS (DAVIS BACON) (34 pages) ... 53 STATEMENT OF PURPOSE The City of Takoma Park (herein described as “Owner” or the “City”) desires to contract with an experienced and qualified Contractor for Houston Avenue Stormwater Treatment Project along Houston Avenue and Houston Court. The Project is described in this Request for Proposal document (herein referred to as “RFP”). BACKGROUND The City of Takoma Park is located in the southern part of Montgomery County, MD and borders Washington, DC and Prince George's County, MD. The City, which is about 2.4 square miles in size, is primarily residential in character and has a population of 17,703. The City’s population is diverse with a majority of residents being people of color: 36.06% Black or African American, 11.37% Hispanic or Latinx, 4.69% Asian, 43.85% White, and 4.03% identifying as something other. The City is obligated to provide stormwater management, per requirements of our NPDES permit, as we are an MS4 community. The City is required to manage stormwater to protect private property from flooding, as well as protect water quality and reduce flooding, erosion and water pollution caused by stormwater run-off. The Public Works Department is responsible for the oversight and management of the stormwater system for the City. The funding for the program is generated through a utility fee, levied on all property with impervious surface. In addition to revenue generated by the utility fee, also known as the Stormwater Fee, the City supplements funding with grants as they become available. The funding of this project will be through Community Development Block Grant Program (herein referred to as “CDBG”) from U.S. Department of Housing and Urban Development (herein referred to as “HUD”). Federal legislation and regulations have established national objectives that all CDBG funded activities must meet. For this purpose, the City has identified the project to meet the national objective of benefitting low- and moderate-income (LMI) persons in WARD 5 under the Code of Federal Regulations, Title 24, Part 570, Sections 570.200-570.207. The City has developed the design for the stormwater management project on Houston Avenue. The goal of the project is to improve water quality, through the installation of treatment facilities that filter the incoming run-off. Additionally, the project provides for the addition of 4 stormwater inlets to improve the capture of run-off currently flowing down the street, and placing it into the filter units and stormwater system to better manage the flow of stormwater to the local creek. The final design document includes Title Sheet and General Notes, Existing Condition Site Plan, Demolition Plan, Details and Longitudinal Section of the Treatment Facilities and Structure Details. DEFINED TERMS Contractor – The party who will be providing construction contracting services for the Project. Owner – City of Takoma Park, Maryland (City) Project – Houston Avenue Stormwater Treatment Project Proposal – The Proposer’s document provided in response to the RFP Proposal Documents – The Proposer’s response to the RFP and all addenda issued prior to acceptance of Proposals. Proposer – One who submits a Proposal directly to the Owner. Successful Proposer – The Proposer, to whom Owner, on the basis of Owner’s evaluation as hereinafter provided, qualifies for receiving the Contract for the City of Takoma Park Houston Avenue Stormwater Treatment Project. FUNDING SOURCE AND REQUIREMENTS The project is funded with CDBG dollars, through the City’s Department of Housing & Community Development who will directly administer the funds to the Contractor to carry out the winning Proposal. Due to the nature of the Project, any contract resulting from this RFP shall be subject to additional reporting requirements as necessary to fulfil the City’s obligations to the State of Maryland and the following Federal, State, County and City requirements and codes will be enforced throughout the Project from Contractor selection to construction completion.  Davis-Bacon and Related Acts Requirements: Contractors and subcontractors must pay their laborers and mechanics employed under the contract no less than the locally prevailing wages and fringe benefits for corresponding work on similar projects in the area. Proposers shall refer to Exhibit D for details.  Section 3 Requirements: “Section 3” (of the Housing and Urban Development Act of 1968) mandates that federally funded construction and related activities take affirmative action to provide employment, training and business opportunities for low income project area residents and businesses.  Code of Federal Regulations, Title 24, Part 570, Sections 570.200-570.207: This is a summary of certain activities that are eligible and ineligible for assistance under the Community Development Block Grant (CDBG) program pursuant to the governing regulations  Minority Business Enterprise (MBE): Participation and outreach to Minority, Women, or Disabled-Owned businesses is required in the bidding process for construction/rehabilitation projects.  Environmental Review: Montgomery County requires the completion of an environmental review prior to Project beginning for all CDBG projects. An environmental review is the process of reviewing a project and its potential environmental impacts to determine whether it meets federal, state, and local environmental standards. This review has been completed.  Historic Preservation Review (SHPO): Montgomery County requires a historic preservation review to be completed prior to project work beginning for all CDBG projects. This review has been completed. NOTICE TO CONTRACTOR Applicants should refer to the City of Takoma Park Municipal CODE Chapter 7.08 SOURCE SELECTION AND CONTRACT FORMATION for detailed information on City’s source selection and contract formation, which includes 6 Articles of General Provisions, Competitive Bidding and Source Selection, Other Procurement Methods, Living Wage Requirement, Bonds and Bid Security, and Disposition of Goods. The completed code can be located at: https://www.codepublishing.com/MD/TakomaPark/#!/TakomaPark07/TakomaPark0708.html MANDATORY MINIMUM INSURANCE REQUIREMENTS Contractor shall, throughout the term of this Agreement, maintain commercial general liability insurance, automobile liability insurance, professional liability insurance, and workers’ compensation insurance in the following amounts and shall submit an insurance certificate, as set forth above, as proof of coverage prior to the final approval of this Agreement: A. Commercial general liability insurance with a minimum combined single limit of One Million Dollars ($1,000,000) for bodily injury and property damage per occurrence including contractual liability, premises and operations, and independent contractors and products liability. B. Automobile liability insurance with coverage for bodily injury of at least Five Hundred Thousand Dollars ($500,000) per person, at least One Million Dollars ($1,000,000) per occurrence, and coverage for property damage of at least Three Hundred Thousand Dollars ($300,000) per occurrence. C. Workers’ compensation insurance with coverage limits of at least One Hundred Thousand Dollars ($100,000) per bodily injury by accident and coverage for disease of at least One Hundred Thousand Dollars ($100,000) per employee and at least Five Hundred Thousand Dollars ($500,000) in the aggregate. All policies of insurances shall be underwritten by companies licensed to do business in the State of Maryland. The City is not responsible for any damage or loss of property or materials stored on or within facilities owned by the City. Contractor shall provide necessary insurance coverage for such losses or shall assume full risk for replacement cost for its own property or materials and that owned by its subcontractors. Contractor shall assure that all subcontractors carry identical coverage as required by this section, either individually or as an additional insured on Contractor’s policies. Exceptions may be made only with the written approval of the City. Policy Cancellation Should any of the above policies be cancelled before the expiration date thereof, written notice must be delivered to the City in accordance with the policy provisions. Certificate Holder The City of Takoma Park, MD 7500 Maple Ave Takoma Park, MD 20912 PEDESTRIAN SAFETY Maintaining safe pedestrian traffic around the Limits of Construction and outside of any active work zones is of paramount importance. At no time shall pedestrian traffic be denied travel through areas that are designated as pedestrian access around the project work zone. The Contractor shall provide:  Alternative pedestrian access around active work zones.  Barriers of sufficient strength and durability to keep all pedestrian traffic out of harm’s way.  This work shall be as specified in the Contract Documents or as directed by the Engineer. TREE PRESERVATION Tree Preservation shall be as specified in Section 120 of the Maryland Department of Transportation, State Highway Administration's Standard Specifications for Construction and Materials as modified by this Contract Document and as directed by the Engineer. The provisions of Takoma Park Municipal Code, Title 12, TREES AND VEGETATION, shall also apply to the Project. Contractors should refer to Exhibit B for additional requirements. MAINTENANCE OF TRAFFIC AND TRAFFIC CONTROL PLAN CERTIFICATION All work under this Contract shall be done in a manner that minimizes interruption to pedestrian and vehicular traffic through areas of the proposed work in accordance with sections GP-7.07, GP-7.08, GP-7.09, and GP-7.10 of Maryland Department of Transportation, State Highway Administration, and Standard Specifications for Construction and Materials. Maintenance of traffic routes will be a subsidiary obligation of this Contract. The Contractor shall maintain warning markers or a barricade at each location of work as necessary and until such time as the area is safe and ready to be used. If these safety features are not adhered to, a “stop work order” will be issued. Any damages caused by such delays will be the responsibility of the Contractor. If movement of traffic must be inhibited in order to perform the work, all emergency services, school transportation office and local buses, police as well as the public must be notified by the contractor no later than 72 hours in advance of such temporary re-routing. The alternative route must be approved in advance and clearly marked. Where traffic conditions make it impossible or undesirable to close the road to traffic, the Contractor shall provide at least two (2) competent, courteous and safely attired flag workers to direct the traffic at all times during the work hours. These persons shall be trained and certified in traffic control and equipped with safety vests, appropriate signage, and hand-held radios or communication devices. Additional flag workers shall be provided by the Contractor at intersections and other points where traffic condition dictates. Traffic control plans shall be approved by the City Engineer in advance. The Contractor shall provide and erect all necessary barricades, lights, and warning signs. The cost of maintaining traffic, as noted above, shall be paid only if the conditions described above are met. No traffic control payment will be made when ordinary crew members act as flaggers. Although such setup may be sufficient, it is considered a subsidiary obligation of the Contractor for which no additional payment will be made. Prior to the commencement of work on this Project, the Successful Contractor will be required to complete a traffic control plan certification. The certification form will be provided to the Successful Contractor upon award of the contract. SCOPE OF WORK AND DELIVERABLES The scope of work includes all construction work included in the Construction Documents. The Construction Documents include the construction drawings titled Proposed Houston Filterra Systems as prepared by Zemene Mathewos (Exhibit B). PROPOSED PROJECT TIMELINE March 5, 2024 Issue Request for Proposals March 20, 2024, 1:00pm Virtual Informational Meeting (An invitation will be sent to registered Proposers) April 4, 2024, 2:00pm Submission Deadline April 2024 Proposal Selection and Notice of Award April 2024 Execution of Construction Contract and the City Council Approval of Selected Proposer May 1, 2024 Construction Notice to Proceed (NTP) May 31, 2024 Materials Purchases Substantially Complete – 30 Calendar Days from NTP August 29, 2024 Project Completion Date – 120 Calendar Days from NTP SUBMISSION REQUIREMENTS A completed electronic PDF copy of the Proposal shall be submitted to the City of Takoma Park. Submissions must include the following information to be considered complete: 1. Title Page (Please use the Title Page provided in Form A) 2. Cost Proposal Tabulation (Please use Form B) 3. Summary Schedule a. Provide a summary Project schedule showing the intended phasing of the Project. Schedule should include major phases of the work and milestones. 4. Experiences and References (Please use Form C) 5. Required Certifications The following certifications must be submitted with the proposal: a. Form D: Qualifications & Certification Statement b. Form E: Certification of Non‐Involvement in the Nuclear Weapons Industry; c. Form F: Living Wage Requirements Certification. SUBMISSION INFORMATION AND DEADLINE The Deadline for submission of Proposal is: 2:00 PM EST on April 4, 2024, to: Proposals must be submitted electronically to Grants@TakomaParkMD.gov. The email subject line shall read “RFP #HCD-2024-03-05” with all submission requirement documents attached as a single PDF. All extension requests will be denied. All submittals received after the closing date and time will not be entered into the review and selection process. A confirmation email will be sent to all applicants by Monday, April 8, 2024. If no confirmation is received within that time, please contact Patti Mallin at 301-891-7235, or via email at Grants@TakomaParkMD.gov to confirm that the submission was received. VIRTUAL INFORMATIONAL MEETING The City of Takoma Park will host an optional informational Zoom webinar on March 20, 2024, 1:00pm The presentation will include an overview of the RFP process, goals, and the expectations of Contractors. Participants will be given an opportunity to ask questions. The City will record the Zoom webinar and make it available for those who are unable to attend. To attend the Zoom webinar, please register before Monday, March 18, 2024 at: https://takomapark.seamlessdocs.com/f/HoustonStormwaterReg. Attendance is not mandatory but is recommended. EVALUATION AND SELECTION PROCESS A contract award will be made on the basis of a recommendation made by an evaluation panel composed of City staff, and authorized by formal action of the Takoma Park City Council. The evaluation panel may request an interview with any or all responders to this RFP before making a recommendation. Proposals will be evaluated and ranked based on the following criteria. Criteria are listed in order of importance:  Cost;  Prior experience working with local governments on roadway projects;  Qualifications of the Firm;  Responsiveness and understanding of the scope of services;  Qualifications and experience of personnel to be assigned to the project. REJECTION OF SUBMISSIONS Only submissions that comply with all the objectives, provisions, and requirements of this solicitation will be considered for review. The City will determine, in its sole discretion, whether an individual submission is responsive. The decision of the City of Takoma Park is final. Submissions deemed “Non- Responsive” will not be considered for selection. The City of Takoma Park has the right, in its sole and absolute discretion, to reject any and all Proposals in the best interests of the City, to accept or reject any part of any Proposal, to select the Proposal deemed most advantageous to the City, to waive any technical or formal defect therein, and to elect not to proceed with the process set forth in this RFP. Proposer shall make no contacts with any City employee, staff member, or Council member except for those listed under contacts. Any attempt by a Proposer to contact or influence a member of staff regarding this RFP may result in the immediate disqualification of the Proposer and the rejection of their Proposal. Duration of Prices The price proposal submitted is irrevocable for a period of sixty (60) days from the Proposal due date. Acceptance of Terms and Conditions By submitting a Proposal, Proposers accept the terms and conditions set forth in this RFP. Procurement Law This RFP and any contract entered into as a result of this RFP are governed by the Takoma Park Municipal Code. GENERAL TERMS AND CONDITIONS The City intends to use Standard Form of Agreement Between Owner and Contractor (Exhibit A) as the form of Contract for this project. GENERAL CLARIFICATION AND QUESTIONS General clarifications and questions related to this RFP may be submitted in writing and emailed to Grants@TakomaParkMD.gov. Please include “RFP – Houston Avenue Stormwater Treatment Project” in the subject line of the email. All questions will be answered via email. INCLUDED FORMS & EXHIBITS Form A – Sample Request for Proposal Submission Title Page Form B – Cost Proposal Tabulation Form Form C – Experience & References Form Form D – Qualifications & Certification Statement Form E – Certification of Non-Involvement in the Nuclear Weapons Industry Form F – Living Wage Requirement Certification Exhibit A – Sample Contract Agreement (for reference only) Exhibit B – Construction Documents Exhibit C – Federal Labor Standards Provisions Attachments (Davis Bacon) Form A – Sample Request for Proposal Submission Title Page (1 page) City of Takoma Park, Maryland Community Development Block Grant Program REQUEST FOR PROPOSAL TITLE PAGE PROJECT TITLE Houston Avenue Stormwater Treatment Project PROPOSER INFORMATION: Organization: Address: City: State: Zip Code: Main Contact: Position: Phone: E-Mail: Total Cost of Proposal $ Form B – Cost Proposal Tabulation Form (4 pages) COST PROPOSAL TABULATION NAME OF ENTITY Business Address: AUTHORIZED REPRESENTATIVE Name: Title: Telephone Number (office and cell): _____________________________________________ E-Mail: We have received and examined the Contract Documents concerning the Project, City of Takoma Park Houston Avenue Stormwater Treatment Project. We have made all the necessary inquiries concerning the Project and have familiarized ourselves with the construction documents. We confirm we have visited the site of the Project and that we have examined all documents necessary for the proper performance of the contract. We have examined all sections of the Construction Documents and Addendum for the Project. We, the undersigned, hereby offer to provide all work/services (Base Cost Proposal) covered in the Contract Documents for the total lump sum of US Dollars as follows: TOTAL BASE COST PROPOSAL: $___________________________________ TOTAL BASE COST PROPOSAL (WRITTEN): ASSUMPTIONS / EXCLUSIONS: Utility impacts are not anticipated. BASE COST PROPOSAL BREAKDOWN: ITEM No. DESCRIPTION UNIT QUANTITY UNIT COST TOTAL ESTIMATE B.1 Remove/Replace Curb & Gutter LF 28.00 C.4.2 Trench Excavation For Filterra STR CY 241.00 C.4.2 Trench Excavation For Drain Pipe CY 47.48 C.15 Field Connection of pipe to ex. Inlet EA 4.00 D.6 Grass seeding & mulching SY 204.30 D.5 Topsoil Replacement SY 204.30 N/A Filterra (F-1) 7' x 13' STR EA 1.00 C.4.2 New Inlet Throat LF 84.00 N/A Cost of Crane DAY 2.00 N/A Filterra (F-2) 8' x 22' STR EA 1.00 B.6 Remove/Replace Sidewalk SY 27.50 N/A Filterra (F-3); 7' x 13' STR EA 1.00 A.4 Trench Asphalt Patching SY 15.56 B.23 New Reinforced Conc. Retaining Wall SF 728.00 N/A Filterra (F-4); 8' x 22' STR EA 1.00 C.15 Field Connection of pipe to ex. RCP EA 1.00 D.8 Mulch FOR BIO-SCAPE SY 27.78 D.9 BIO-SOIL CY 222.23 D.12 #57 STONE FOR BIO-SCAPE TON 14.00 C.3 SCH. 40 6" PVC LF 70.00 C.8 UNDER-SIDEWALK INTAKE STR EA 1.00 C.12 BRICK INLET REPAIR SF 6.00 N/A FENCE LF 110.00 SUB-TOTAL 10% CONTIGENCY TOTAL CONSTRUCTION COST DESCRIPTION ITEM No. LOCATION Remove/Replace Curb & Gutter B.1 F-1, F-2, F-3, F-4, BIO-SCAPE Trench Excavation For Filterra STR C.4.2 F-1, F-2, F-3, F-4, BIO-SCAPE Trench Excavation For Drain Pipe C.4.2 F-1, F-2, F-3, F-4 Field Connection of pipe to ex. Inlet C.15 F-1, F-2, F-3, BIO-SCAPE Grass seeding & mulching D.6 F-1, F-2, F-3, F-4, BIO-SCAPE Topsoil Replacement D.5 F-1, F-2, F-3, F-4, BIO-SCAPE Filterra (F-1) 7' x 13' STR N/A F-1 New Inlet Throat C.4.2 F-1, F-2, F-3, F-4, BIO-SCAPE Cost of Crane N/A F-1, F-2, F-3, F-4 Filterra (F-2) 8' x 22' STR N/A F-2 Remove/Replace Sidewalk B.6 F-2, F-3, F-4 Filterra (F-3); 7' x 13' STR N/A F-3 Trench Asphalt Patching A.4 F-4 New Reinforced Conc. Retaining Wall B.23 F-4, BIO-SCAPE Filterra (F-4); 8' x 22' STR N/A F-4 Field Connection of pipe to ex. RCP C.15 F-4 Mulch FOR BIO-SCAPE D.8 BIO-SCAPE BIO-SOIL D.9 BIO-SCAPE #57 STONE FOR BIO-SCAPE D.12 BIO-SCAPE SCH. 40 6" PVC C.3 BIO-SCAPE UNDER-SIDEWALK INTAKE STR C.8 BIO-SCAPE BRICK INLET REPAIR C.12 BIO-SCAPE FENCE N/A BIO-SCAPE CERTIFICATION The undersigned proposes to furnish and deliver all labor, supplies, material, equipment, or services in accordance with specifications and stipulations contained in the Request for Proposals for the prices listed on this Cost Proposal Tabulation Form A, and/or upon the terms and conditions set forth in the proposal. The undersigned certifies that this Cost Proposal is made without any previous understanding, agreement or connection with any person, firm, or corporation submitting a bid or proposal for the same labor, supplies, material, equipment, or services and is, in all respects fair and without collusion or fraud. The undersigned further certifies that he/she is authorized to sign for the Respondent. Respondent Name (print): By: _________________________________________________ Signature Date Print Name Title: Form C – Experience & References Form (2 pages) EXPERIENCE AND REFERENCES FORM Bidding Contractors are encouraged to provide at least 3 references from their previous projects with similar size and type for the City to consider the submitted proposal. Project #1 Name: Project #1 Location: CDBG Eligible Project? Y/N Project #1 Start Date: Project End Date: Project’s Description: Reference #1 Name: Phone Number: Email: Project #2 Name: Project #2 Location: CDBG Eligible Project? Y/N Project #2 Start Date: Project End Date: Project’s Description: Reference # 2 Name: Phone Number: Email: Project #3 Name: Project #3 Location: CDBG Eligible Project? Y/N Project #3 Start Date: Project End Date: Project’s Description: Reference # 3 Name: Phone Number: Email: Form D – Qualifications & Certification Statement (2 pages) QUALIFICATIONS AND CERTIFICATION STATEMENT NAME OF ENTITY Business Address: Telephone Number _____________________________________________ Fax: _________________________________________________________________________ Web Site: Unique Entity Identifier (UEI) if available: Register or Check status, please visit SAM.Gov Please certify if the entity maintains Good Standing status in the State of Maryland: YES [ ] /NO [ ] please visit https://businessexpress.maryland.gov/manage/maintain-good-standing-status for verification. MBE Certification if available: YES [ ] /NO [ ] AUTHORIZED REPRESENTATIVE Name: Title: Telephone Number (office and cell): _____________________________________________ E-Mail: ORGANIZATIONAL STRUCTURE Identify the legal structure of the entity responding to the Request for Proposals and include requested information with this submission. _____ A.1. A corporation incorporated under the laws of the State of Maryland, and in good standing to do business in the State of Maryland. _____A.2. List the name of the corporation and the names and titles of the corporation’s directors and officers: ______ _____B.1. A corporation incorporated under the laws (insert jurisdiction) _____B.2. The foreign corporation is registered or qualified and in good standing to do business in the State of Maryland. _____B.3. List the name of the corporation and the names and titles of the corporation’s directors and officers: _______ _____ C. A sole proprietor doing business under his/her individual name. Individual name: https://sam.gov./content/home https://businessexpress.maryland.gov/manage/maintain-good-standing-status _____ D. A sole proprietor doing business under a trade or business name (for example, John Doe t/a Doe Masonry). List individual name and the trade or business name: __________ _____E. A partnership. List the type of partnership and the names of all general partners: _____ _____ F.1. A limited liability company organized under the laws of the State of Maryland and authorized and in good standing to do business in the State of Maryland. _____F.2 List the limited liability company name and the names of all members: ____ _____G.1 A limited liability company organized under the laws of ____________________ (insert jurisdiction name). _____G.2. The foreign limited liability company is authorized and in good standing to do business in the State of Maryland. _____G.3. List the foreign limited liability company name and the names of all members: ______ H. Other (explain): _____ CERTIFICATION The undersigned proposes to furnish and deliver all labor, supplies, material, equipment, or services in accordance with specifications and stipulations contained in the Request for Proposals for the prices listed on the enclosed Price Proposal Sheet, if any, and/or upon the terms and conditions set forth in the proposal. The undersigned certifies that this bid/proposal is made without any previous understanding, agreement or connection with any person, firm, or corporation submitting a bid or proposal for the same labor, supplies, material, equipment, or services and is, in all respects fair and without collusion or fraud. The undersigned further certifies that he/she is authorized to sign for the Respondent. Respondent Name (print): By: _________________________________________________ Signature Date Print Name Title: Form E – Certification of Non-Involvement in the Nuclear Weapons Industry (1 page) CERTIFICATION OF NON-INVOLVEMENT IN THE NUCLEAR WEAPONS INDUSTRY KNOW ALL PERSONS BY THESE PRESENTS: Pursuant to the requirements of Chapter 14.04 of the Takoma Park Code, the Takoma Park Nuclear Free Zone Act, the undersigned person, firm, corporation, limited liability company or entity hereby certifies that he/she/it is not knowingly or intentionally a nuclear weapons producer. Note: The following definitions apply to this certification per Section 14.04.090: “Nuclear weapons producer” is any person, firm, corporation, facility, parent or subsidiary thereof or agency of the federal government engaged in the production of nuclear weapons or its components. “Production of nuclear weapons” includes the knowing or intentional research, design, development, testing, manufacture, evaluation, maintenance, storage, transportation or disposal of nuclear weapons or their components. “Nuclear weapon” is any device the sole purpose of which is the destruction of human life and property by an explosion resulting from the energy released by a fission or fusion reaction involving atomic nuclei. “Component of a nuclear weapon” is any device, radioactive substance or nonradioactive substance designed knowingly and intentionally to contribute to the operation, launch, guidance, delivery or detonation of a nuclear weapon. IN WITNESS WHEREOF, the undersigned has signed this Certification this day of _____________, 20 . Contractor Name: __________________________By: ________________________________(SEAL) Signature _________________________________________ Print Name & Title State of ______________, County of : Subscribed and sworn to before me this day of , 20 . _____________________________________ Notary Public My commission expires: ______________ Form F – Living Wage Requirements Certification (2 pages) LIVING WAGE REQUIREMENTS CERTIFICATION (Takoma Park Code, section 7.08.170.B) Business Name: Address: City, State, Zip Code: Phone Number: Fax Number: E-Mail: Please specify the contact name and information of the individual designated by your business to monitor your compliance with the City’s living wage requirements, unless exempt under Section 7.08.160 (see item B below): Contact Name: Title: Phone Number: Fax Number: E-Mail: CHECK ALL APPROPRIATE LINES BELOW THAT APPLY IN THE EVENT THAT YOU ARE AWARDED THE CONTRACT AND BECOME A CONTRACTOR. A. Living Wage Requirements Compliance _____ This Contractor as a “covered employer” will comply with the requirements of the City of Takoma Park Living Wage Law (Takoma Park Code, Section 7.08.150 et. seq.). Contractor and its subcontractors will pay all employees who are not exempt from the wage requirements and who perform measurable work for the City related to any contract for services with the City, the living wage requirements in effect at the time of the City contract. The bid price submitted under this procurement solicitation includes sufficient funds to meet the living wage requirements. B. Exemption Status (if applicable) This Contractor is exempt from the living wage requirements because it is: _____ The total value of the contract for services (based on the bid or proposal being submitted under this procurement solicitation) is less than $20,000.00. _____ A public entity. _____ A nonprofit organization that has qualified for an exemption from federal income taxes under Section 501c (3) of the Internal Revenue Code. _____ A contract procured through an emergency procurement, sole source procurement, or cooperative procurement. _____ A contract for electricity, telephone, cable television, water, sewer or similar service delivered by a regulated public utility. _____ A contract for the purchase or lease of goods, equipment or vehicles. _____ A contractor who is prohibited from complying with the City’s living wage requirements by the terms of an applicable federal or state program, contract, or grant requirement. (Must specify the law and/or furnish a copy of the contract or grant.) C. Living Wage Requirements Reduction. _____ This Contractor provides health insurance to the employees who will provide services to the City under the City contract and it desires to reduce its hourly rate paid under the living wage requirements by an amount equal to, or less than, the per employee hourly cost of the employer’s share of the health insurance premium. This Contractor certifies that the per employee hourly cost of the employer’s share of the premium for that health insurance is $ . (Must submit supporting documentation showing the employee labor category of all employee(s) who will perform measurable work under the City contract, the hourly wage the Contractor pays for that employee labor category, the name of the health insurance provider and plan name, and the employer’s share of the monthly health insurance premium.) Contractor Certification and Signature Contractor submits this certification in accordance with Takoma Park Code section 7.08.170.B. Contractor certifies, under penalties of perjury, that all of the statements and representations made in this Living Wage Requirements Certification are true and correct. Contractor and any of its subcontractors that perform services under the resultant contract with the City of Takoma Park will comply with all applicable requirements of the City’s living wage law. Authorized corporate, partner, member or proprietor signature: Print name: Title of authorized person: Date: Exhibit A – Sample Contract Agreement (11 pages) CONTRACT FOR _________________________________ [CONTRACTOR] CITY OF TAKOMA PARK, MARYLAND THIS AGREEMENT, hereinafter referred to as “Agreement,” is made this ____ day of 202 , by and between the CITY OF TAKOMA PARK, a municipal corporation of the State of Maryland, located at , 7500 Maple Avenue, Takoma Park, MD 20912, hereinafter referred to as “the City,” and [CONTRACTOR], a [description of Contractor’s type of business] located at , hereinafter referred to as “Contractor,” and both collectively referred to hereinafter as “the Parties.” RECITALS WHEREAS, [Insert multiple WHEREAS clauses providing the factual background underlying the Agreement, including any City solicitation of bids/proposals]. WHEREAS, the City desires to retain Contractor to assist it in [insert a description of the activities required], hereinafter referred to as the “Project;” and WHEREAS, the Mayor and City Council, by enacting Ordinance No. 202__, have authorized the City Manager to enter into this Agreement in pursuit of the Project. [This WHEREAS clause may be removed if the Council is not required to authorize the Agreement, under Chapter 7.04 of the Takoma Park Code.] TERMS NOW, THEREFORE, in consideration of the mutual promises of the Parties, and other good and valuable consideration, the receipt, adequacy, and sufficiency of which are hereby acknowledged, the Parties agree as follows: SECTION 1. SCOPE OF SERVICES 1.1. During the term of this Agreement, Contractor agrees that it will have the following responsibilities with respect to the Project: 1.1.1. [Insert subsections concerning the activities required under the Project] 1.2. The Project shall also include all other work as reasonably and additionally required by the City and agreed to by Contractor. Any such work shall be reduced to written form and will require the Parties to execute a modification to this Agreement as set forth in Section 5 of this Agreement. SECTION 2. PERIOD OF PERFORMANCE 2.1. The effective term for this Agreement is for , commencing upon the execution of this Agreement. 2.2. By agreement of the Parties, this Agreement may be renewed or extended for up to _____ (___) additional one-year terms following the expiration of the initial term of this Agreement. Continuation of Contractor’s performance under this Agreement beyond the initial term is contingent upon, and subject to, the appropriation of funds and encumbrance of those appropriated funds for payments under this Agreement. If funds are not appropriated and encumbered to support continued Contractor’s performance in a subsequent fiscal period, Contractor’s performance must end, without further cost to the City, upon the receipt of notice from the City. Contractor acknowledges that the City Manager has no obligation to recommend, and the City Council has no obligation to appropriate, funds for this Agreement in subsequent fiscal years. Furthermore, the City has no obligation to encumber funds to this Agreement in subsequent fiscal years, even if appropriated funds may be available. Accordingly, for each subsequent contract term, Contractor must not undertake any performance under this Agreement until Contractor receives a purchase order or contract amendment from the City that authorizes Contractor to perform work for any subsequent term of this Agreement. [Only retain this clause if renewal or extension is permitted.] 2.3. Contractor agrees to perform all services required by this Agreement, including any modifications agreed to by the Parties, as expeditiously as is consistent with good professional skill and best industry practice. 2.4. Time is of the essence and a critical factor in the successful execution of the terms of this Agreement. 2.5. Contractor must not commence work under this Agreement until all conditions for commencement are met, including execution of this Agreement by the Parties, compliance with insurance requirements, and the issuance of any required notice to proceed. SECTION 3. FEE FOR SERVICES 3.1. In exchange for these good and valuable services, Contractor will receive a fee not to exceed the amount of ($ ___). The Parties may agree to an equitable adjustment of this fee as set forth in Section 5 of this Agreement. 3.2. The compensation due to Contractor under this Agreement shall not, in any event, exceed Dollars ($ ). [Insert this provision if the Contract is not for a set amount or is for hourly or tasked-based compensation] 3.3. The City agrees to pay the fee contemplated in Subsection 3.1 to Contractor in ________ monthly installments in the amount of _________________ ($_____________) per installment. The first monthly installment shall be paid one (1) month after the execution of this Agreement. [Omit this provision if the payment structure under the Agreement is for a lump sum or does not call for monthly installments.] 3.4. The City agrees to pay the fee contemplated in Subsection 3.1 to Contractor in a lump sum, after receiving an invoice from Contractor, and to pay said invoice within ____ days of receipt. [Remove if the pay structure of the Agreement is not for a lump sum] 3.5. Contractor shall submit invoices to the City on a monthly basis. Invoices shall be based on time expended by Contractor to complete the tasks required under this Agreement. Invoices shall include the name of the assignment; a detailed description of the services provided; the results of the services; recommendations for future actions; the date; and the amount of time expended in providing the services. Payment will be made to Contractor within thirty (30) calendar days after the City’s receipt of an invoice in a form deemed acceptable by the City. Payment will be contingent upon the City’s verification that the work has been satisfactorily performed as determined by the City in its reasonable discretion. The City reserves the right to verify and approve the work represented by the invoice prior to payment of the invoice. [Retain this provision if Section 3.3 will be utilized; omit it if an alternative payment structure is utilized.] 3.6. No payment by the City may be made, or is due, under this Agreement, unless funds for the payment have been appropriated and encumbered by the City. SECTION 4. PRIORITY OF DOCUMENTS 4.1. The terms and conditions of this Agreement supersede any prior proposals or agreements. 4.2. The following documents are incorporated herein by reference into and made a part of this Agreement and are enumerated herein in the order of their legal precedence in the event of a conflict in their terms: (i) ; (ii) ; (iii) ; and (iv) . In the event of a conflict in language between this Agreement and any of said documents, the terms of this Agreement shall control. SECTION 5. CHANGES 5.1. Within the general scope of services, the City may unilaterally change the work, materials and services to be performed. The change must be in writing and within the general scope of this Agreement. In such cases, this Agreement will be modified to reflect any time or money adjustment Contractor is entitled to receive. Contractor shall not proceed with these changes (either additions or deletions) without a change order or amendment being signed by both the City and Contractor and an order or amendment stating, as applicable, the change in the work and an estimate of the time and/or cost involved in the change. 5.2. Any claim of Contractor for an adjustment in time or money due to change must be made in writing within thirty (30) days from the date the City notified Contractor of the change, or the claim is waived. Any failure to agree upon a time or money adjustment must be resolved under Section 11 of this Agreement. Contractor must proceed with the prosecution of the work as changed, even if there is an unresolved claim. No charge for any extra work, time or material will be allowed, except as provided in this Section. 5.3. The amount of any adjustment to this Agreement under this Section shall be a negotiated cost and fee. 5.4. This Agreement may only be amended or modified by a writing signed by the Parties. SECTION 6. NOTICES 6.1. Any required notices or other communications under this Agreement shall be in writing and personally delivered, mailed, delivered by a reputable overnight delivery service, or emailed. Notice via email may be considered official notice only if the receiving party acknowledges receipt via return email or email read receipt. Notices shall be addressed as follows: If to Contractor: Telephone: E-Mail: If to the City: Telephone: Email: 6.2 Either party may change the person or address for notices by written notice to the other party. Notices shall be deemed given when received or three business days after the notice is deposited, properly addressed and postage prepaid, in the United States mail or one business day after the notice is sent by a reputable overnight mail delivery service (such as, but not limited to, FedEx or UPS Next Day Delivery). For notices by email, the notice shall be deemed given on the day the recipient acknowledges receipt of the notice via return email or email read receipt. Rejection or other refusal to accept or inability to deliver because of changed address, of which no Notice has been given, shall constitute receipt of the Notice. SECTION 7. CONTRACT ADMINISTRATION 7.1. For Contractor. _________________________ is Contractor’s Authorized Representative for this Agreement. Contractor’s Authorized Representative shall act on behalf of Contractor on all matters pertaining to this Agreement. All matters and correspondence to Contractor pertaining to this Agreement shall be directed to the attention of Contractor’s Authorized Representative. Contractor’s Authorized Representative shall not be changed without prior written notice to and the agreement of the City. 7.2. For the City. , is the City Manager’s designee for purposes of this Agreement and shall act as the Contract Administrator in connection with this Agreement. The City’s Contract Administrator may be changed at any time or from time to time by written notice to Contractor. The City’s Contract Administrator is not authorized to make determinations (as opposed to recommendations) that alter, modify, terminate or cancel the contract, interpret ambiguities in the language of this Agreement, or waive any of the City’s rights hereunder. The City’s Contract Administrator is authorized to: 7.2.1. Serve as liaison between the City and Contractor; 7.2.2. Give direction to Contractor to ensure satisfactory and complete performance; 7.2.3. Monitor and inspect Contractor’s performance to ensure acceptable timeliness and quality; 7.2.4. Serve as records custodian for this Agreement, including wage and prevailing wage requirements; 7.2.5. Accept or reject Contractor’s performance; 7.2.6. Furnish timely written notice of Contractor’s performance failures to the City Council, City Manager, and/or City Attorney, as appropriate; 7.2.7. Approve or reject invoices for payment; 7.2.8. Recommend modifications or terminations of this Agreement; and 7.2.9. Issue notices to proceed and task and purchase orders. SECTION 8. TERMINATION 8.1. This Agreement may be terminated by the City, in whole or in part, upon written notice to Contractor, when the City determines that such termination is in its best interest. A termination for convenience is effective on the date specified in the City’s written notice or, if the notice does not specify an effective date, then five (5) days after notice of termination is given by the City. Termination for convenience may entitle Contractor to payment for reasonable costs allocable to this Agreement for work or costs incurred by Contractor up to the date of termination. Contractor must not be paid compensation as a result of a termination for convenience that exceeds the amount encumbered to pay for work to be performed under this Agreement. 8.2. In the event of any of the circumstances set forth below, hereinafter referred to as “Default,” the City may terminate the Agreement, in whole or in part, and from time to time: 8.2.1. Any fraudulent representation in an invoice or other verification required to obtain payment under this Agreement or other dishonesty on a material matter relating to the performance of services under this Agreement; and 8.2.2. Non-performance, incomplete service or performance, failure to make satisfactory progress in the prosecution of this Agreement, failure to satisfactorily perform any part of the work required under this Agreement or to comply with any provision of this Agreement, as determined by the City’s Contract Administrator in his or her sole discretion, including: 8.2.2.1. Failing to commence work when notified. 8.2.2.2. Abandoning the work. Visual inspection by the City’s Contract Administrator will serve as evidence of abandonment. 8.2.2.3. Subcontracting any part of work without the City’s prior approval. 8.2.2.4. Receiving two written warnings of unsatisfactory or incomplete work or any other violation of the terms of this Agreement. 8.2.2.5. Failing to adhere to the required specifications for the work required under this Agreement. 8.2.3 Contractor, or any partner, member, principal or officer of Contractor, being criminally charged with an offense involving fraud, dishonesty or moral turpitude. 8.2.4 Contractor being adjudged bankrupt or making a general assignment for the benefit of creditor or if a receiver shall be appointed on account of Contractor’s insolvency. 8.2.5 Failure to adhere to the terms of applicable city, county, state, and federal laws, ordinances, regulations, or stated public policy pertaining to the subject matter and performance of this Agreement, including but not limited to the following: the payment of all applicable taxes and withholding, compliance with equal opportunity employment and labor laws, and/or failure to obtain and/or comply with the terms and conditions of any required permits. 8.3. In the event of a Default, the City shall provide Contractor with a written notice to cure the Default. The termination for Default is effective on the date specified in the City’s written notice. However, if the City determines that Default contributes to the curtailment of an essential service or poses an immediate threat to life, health, or property, the City may terminate this Agreement immediately upon issuing oral or written notice to Contractor without any prior notice or opportunity to cure. In addition to any other remedies provided by law or this Agreement, Contractor must compensate the City for additional costs that foreseeably would be incurred by the City, whether the costs are actually incurred or not, to obtain substitute performance. 8.4. Notice of any termination must be in writing, state the reason or reasons for the termination, and specify the effective date of the termination. 8.5. In the event of termination under Subsections 8.1 or 8.2, Contractor consents to the City’s selection of another contractor of the City’s choice to assist the City in any way in completing the Project. Contractor further agrees to cooperate and provide any information requested by the City in connection with the completion of the Project, including assignment of any contracting rights the City may require. Contractor consents to and authorizes the making of any reasonable changes to the design of the Project by the City and such other contractor as the City may desire. 8.6. Any termination of this Agreement for cause that is later deemed to be unjustified shall be deemed a termination for convenience under Subsection 8.1. SECTION 9. CERTIFICATIONS OF CONSULTANT 9.1. Contractor, and the individual executing this Agreement on Contractor’s behalf, warrants it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for it, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee or agent, any fee or other consideration contingent on making this Agreement. 9.2. Contractor and the City represent and warrant that: (a) they have the full right and authority to enter into, execute, and perform the obligations required under this Agreement and that no pending or threatened claim or litigation known by them would have a material adverse impact on their ability to perform as required under this Agreement; (b) they have accurately identified themselves and have not provided any inaccurate information about themselves or the Project; and (c) they are entities authorized under the laws of the State of Maryland to do business within the State. 9.3. Contractor certifies that it is not now, and shall not so long as this Agreement remains in effect, engage in the development, research, testing, evaluation, production, maintenance, storage, transportation, and/or disposal of nuclear weapons or their components, or the sale of merchandise produced by companies so involved. Contractor’s Certification of Non-Involvement in the Nuclear Weapons Industry is attached hereto and incorporated herein as part of this Agreement. 9.4. This Agreement is subject to the living wage requirements under The City of Takoma Park Code, hereinafter referred to as the “Code,” Sections 7.08.150–7.08.210. Contractor and any subcontractor retained or employed on Contractor’s behalf agree to pay each employee assigned to perform services under this Agreement a living wage, subject to exemptions from coverage for particular contracts set forth in Code Section 7.08.160 and for particular employees as set forth in Code Section 7.08.180(F). The current living wage is Fifteen US Dollars and Forty Cents ($15.40) per hour through June 30, 2022. The living wage rate is adjusted on July 1st of each year to reflect the most current Montgomery County living wage rate and said adjustments shall be applicable to this Agreement unless otherwise exempt. Contractor’s Living Wage Requirements Certification is attached hereto and incorporated herein as part of this Agreement. 9.5. Contractor warrants and represents: that it is the sole entity, directly or indirectly, interested in compensation for the delivery of the services and work product awarded, and to be performed under this Agreement; that any proposal upon which this Agreement was based was made without any connection with or common interest in the profits with any undisclosed persons or entity; that this Agreement is fair and made without collusion or fraud; that no employee or official of the City is directly or indirectly interested therein; that none of its officers, directors, or partners or employees directly involved in obtaining contracts or performing any part of the work required under this Agreement has been convicted of bribery, attempted bribery, or conspiracy to bribe under any federal, state, or local law. 9.6. Contractor agrees to comply with all applicable City, county, state, and federal laws and regulations regarding employment discrimination. Contractor assures the City that it does not, and agrees that it will not, discriminate in any manner on the basis of race, color, religion, ancestry, national origin, age, sex, marital status, disability, sexual orientation, and gender identity. 9.7. Contractor certifies that all information Contractor has provided or will provide to the City is true and correct and can be relied upon by the City in awarding, modifying, making payments, or taking any other action with respect to this Agreement including resolving claims and disputes. Any false or misleading information is a ground for the City to terminate this Agreement for cause and to pursue any other appropriate remedy. Contractor certifies that Contractor’s accounting system conforms with generally accepted accounting principles, is sufficient to comply with Contractor’s budgetary and financial obligations and is sufficient to produce reliable financial information. SECTION 10. INDEMNIFICATION 10.1. Contractor is responsible for any loss, personal injury, death and any other damage (including incidental and consequential) arising out of, incident to, or caused by reason of Contractor’s negligence, malfeasance or failure to perform any contractual obligations. Contractor must indemnify and hold the City harmless from any loss, cost, damage, and other expenses, including attorney’s fees and litigation expenses, arising out of, incident to, or caused by Contractor’s negligence, malfeasance or failure to perform any of its contractual obligations. If requested by the City, Contractor must defend the City in any action or suit brought against the City arising out of Contractor’s negligence, errors, acts or omissions under this Agreement. The negligence or malfeasance of any agent, subcontractor or employee of Contractor is deemed to be the negligence or malfeasance of Contractor. For the purposes of this Subsection, City includes its commissions, departments, agencies, agents, officials, and employees. 10.2. If Contractor will be preparing, displaying, publicly performing, reproducing, or otherwise using, in any manner or form, any information, document, or material that is subject to a copyright, trademark, patent, or other property or privacy right, then Contractor must: obtain all necessary licenses, authorizations, and approvals related to its use; include the City in any approval, authorization, or license related to its use; and indemnify and hold harmless the City related to Contractor’s alleged infringing or otherwise improper or unauthorized use. Accordingly, Contractor must protect, indemnify, and hold harmless the City from and against all liabilities, actions, damages, claims, demands, judgments, losses, costs, expenses, suits, or actions, and attorneys’ fees and the costs of the defense of the City, in any suit, including appeals, based upon or arising out of any allegation of infringement, violation, unauthorized use, or conversion of any patent, copyright, trademark or trade name, license, proprietary right, or other related property or privacy interest in connection with, or as a result of, this Agreement or the performance by Contractor of any of its activities or obligations under this Agreement. 10.3. Contractor further agrees to notify the City in writing within ten (10) days of receipt of any claim or notice of any claim made by third parties against Contractor or any subcontractor regarding the services and work provided to the City under this Agreement. Contractor shall provide the City copies of all claims, notices of claims, and all pleadings and motions filed therein as the matter progresses. This Section 10 shall survive termination of this Agreement for a period of three (3) years and six (6) months after the termination date. SECTION 11. DISPUTES 11.1. Any dispute arising under this Agreement which is not resolved by an agreement between the Parties shall be decided by the City Manager, after reasonable opportunity is provided for the Parties to provide written documentation supporting their position. Pending final resolution of a dispute, except for a termination of this Agreement by the City, Contractor must proceed diligently with performance under this Agreement. A claim must be in writing, for specific relief, or for a sum certain if the claim is for money, and any requested money or other relief must be fully supported by all relevant calculations, including cost and pricing information, records, and other information. 11.2. A decision by the City Manager or his or her designee under the dispute procedure set forth in this Section shall be a condition precedent to suit being filed by any party. For purposes of any litigation involving this Agreement, exclusive venue and jurisdiction shall be in the Circuit Court for Montgomery County, Maryland or in the District Court of Maryland sitting in Montgomery County. SECTION 12. INSURANCE 12.1. Contractor shall obtain and maintain liability insurance coverage at Contractor’s own expense. Contractor shall, within thirty (30) days of the execution of this Agreement, file with the City Manager, the Certificate from an insurance company authorized to do business in the State of Maryland and satisfactory to the City showing issuance of liability insurance coverage as set forth more fully herein below with a deductible no greater than Dollars ($ ), except as specified in Subsection 12.1.3. Contractor shall be fully and completely responsible to pay the deductible. Unless waived in writing by the City, the Certificate shall bear and endorsement in words exactly as follows: The insurance company certifies that the insurance covered by this Certificate has been endorsed as follows: “The insurance company agrees that the coverage shall not be canceled, changed, allowed to lapse, or allowed to expire until thirty (30) days after notice to: ‘City Manager, City of Takoma Park, 7500 Maple Avenue, Takoma Park, MD 20912.’” Contractor shall, throughout the term of this Agreement, maintain commercial general liability insurance, automobile liability insurance, professional liability insurance, and workers’ compensation insurance in the following amounts and shall submit an insurance certificate, as set forth above, as proof of coverage prior to the final approval of this Agreement: 12.1.1. Commercial general liability insurance with a minimum combined single limit of Dollars ($ ) for bodily injury and property damage per occurrence including contractual liability, premises and operations, and independent contractors and products liability. 12.1.2. Automobile liability insurance with coverage for bodily injury of at least Dollars ($ ) per person, at least Dollars ($ ) per occurrence, and coverage for property damage of at least Dollars ($ ) per occurrence. 12.1.3. Professional liability insurance with coverage for errors, omissions, and negligent acts, with a maximum deductible of Dollars ($ ), of at least Dollars ($ ) per claim in the aggregate within one year of such errors, omissions, or negligent acts being discovered. [This provision may be omitted if the agreement is not for professional services.] 12.1.4. Workers’ compensation insurance with coverage limits of at least Dollars ($ ) per bodily injury by accident and coverage for disease of at least Dollars ($ ) per employee and at least Dollars ($ ) in the aggregate. 12.1.5. Cyber liability insurance in the amount of ________________ Dollars ($__________) per claim and ____________________ Dollars ($_________) in the aggregate. [This provision may be omitted, depending on the nature of services.] 12.2. All policies of insurances shall be underwritten by companies licensed to do business in the State of Maryland. 12.3. The City is not responsible for any damage or loss of property or materials stored on or within facilities owned by the City. Contractor shall provide necessary insurance coverage for such losses or shall assume full risk for replacement cost for its own property or materials and that owned by its subcontractors. 12.4. Contractor shall assure that all subcontractors carry identical coverage as required by this Section 12, either individually or as an additional insured on Contractor’s policies. Exceptions may be made only with the written approval of the City. SECTION 13. SET OFF 13.1. In the event that Contractor shall owe an obligation of any type whatsoever to the City at any time during the term of this Agreement, or after the termination of the relationship created hereunder, the City shall have the right to offset any amount so owed to Contractor against any compensation due to Contractor for the provision of goods and services covered by the terms of this Agreement. SECTION 14. APPLICABLE LAW 14.1. The laws of the State of Maryland, excluding conflicts of law rules, shall govern this Agreement as if this Agreement were made and performed entirely within the State of Maryland. Any suit to enforce the terms hereof or for damages or other relief as a consequence of the breach or alleged breach hereof shall be brought exclusively in the courts of the State of Maryland in Montgomery County, and the Parties expressly consent to the jurisdiction thereof and waive any right that they have or may have to bring such elsewhere. SECTION 15. RECORD AND AUDIT 15.1. Contractor shall maintain books, records, documents, and other evidence directly pertinent to costs, estimates and performance under this Agreement or required under any federal, state, or local rule or regulation, in accordance with accepted professional practice, appropriate accounting procedures, and practices. The City, or any of its duly authorized representatives, shall have access to such books, records, documents, and other evidence for the purpose of inspection, audit and copying. Contractor will provide proper facilities for such access and inspection. 15.2. Records referred to under Subsection 15.1 shall be maintained and made available during performance under this Agreement and until six (6) years from the date of final completion of the Project. In addition, those records that relate to any dispute or litigation, to the settlement of claims arising out of such performance, or to costs or items to which an audit exception has been taken shall be maintained and available until six (6) years after the date upon which any such dispute, litigation, claim, or exception is resolved. 15.3. Contractor shall include the provisions of this Section 15 in every subcontract Contractor enters into relating to this Project. 15.4. All proprietary information furnished by Contractor in connection with this Agreement, but not developed as a result of work under this Agreement or under prior agreements between the City and Contractor, shall be held confidential by the City, and returned to Contractor within thirty (30) days of the completion of the services or the conclusion of litigation wherein Contractor’s services were provided. All inventions, techniques, and improvements held by Contractor to be proprietary or trade secrets of Contractor prior to any use on behalf of the City, as well as all inventions, techniques, and improvements developed by Contractor, independent of the services rendered to the City under this Agreement, remain the property of Contractor. SECTION 16. MISCELLANEOUS 16.1. The recitals above are hereby incorporated into this Agreement. 16.2. If any term or provision of this Agreement or applications thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remaining terms and provisions of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforced to the fullest extent permitted by law. 16.3. This Agreement and any rights or obligations under this Agreement may not be assigned or subcontracted by Contractor without the prior written consent of the City and any attempted assignment or subcontracting without such prior written consent shall be void. 16.4. All representations, warranties, covenants, conditions, and agreements contained herein which either are expressed as surviving the expiration and termination of this Agreement or, by their nature, are to be performed or observed, in whole or in part, after the termination or expiration of this Agreement shall survive the termination or expiration of this Agreement. 16.5. This Agreement represents the entire and integrated Agreement between the City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. Notwithstanding any provisions to the contrary in any contract terms or conditions unilaterally supplied by Contractor, the terms of this Agreement supersede Contractor’s terms and conditions, in the event of any inconsistency. 16.6. All section and paragraph captions, marginal references, and table of contents in this Agreement are inserted only as a matter of convenience, and in no way amplify, define, limit, construe, or describe the scope or intent of this Agreement nor in any way affect this Agreement. 16.7. Neither the City nor Contractor has made any representations or promises with respect to the Project except as expressly set forth herein. 16.8. The neuter, feminine, or masculine pronoun when used herein shall each include each of the other genders and the use of the singular shall include the plural. 16.9. This Agreement shall not be construed in favor or against either party on the basis that it was drafted by the City. 16.10. The waiver of any breach of this Agreement shall not be held to be a waiver of any other or subsequent breach. Any waiver by the City of a requirement of this Agreement, including without limitation, any requirement that a notice be made in writing or that a notice or submission be made within a certain time, shall not operate as a waiver of the same or any other requirement of this Agreement, in any other circumstance or at any other time. 16.11. This Agreement shall not confer any rights or remedies upon any person other than the Parties and their respective successors and permitted assigns. 16.12. Contractor agrees to perform its services under this Agreement in such manner and at such times that the City and/or any Contractor who has work to perform, or contracts to execute, can do so without unreasonable delay. Contractor further agrees to coordinate its work under this Agreement with any and all other contractors that may be deemed necessary by the City. 16.13. Contractor shall be considered, for all purposes relating to this Agreement, an independent Contractor. Contractor agrees that it is not an agent of the City and shall have no right or authority to enter into any agreements or otherwise bind the City or create any obligations on behalf of the City with any other parties. Nothing contained in this Agreement will be construed to create the relationship of employer and employee, principal and agent, partnership or joint venture, or any other fiduciary relationship between the City and Contractor. 16.14. This Agreement may be executed electronically and in counterparts. All such counterparts will constitute the same agreement and the signature of any party to any counterpart will be deemed a signature to, and may be appended to, any other counterpart. Executed copies hereof may be delivered by email and, upon receipt, will be deemed originals and binding upon the Parties hereto, regardless of whether originals are delivered thereafter. [The remainder of this page is intentionally left blank—signature page follows.] IN WITNESS WHEREOF, the City and Contractor have executed this Agreement as of the date first written above. Witness: [Contractor]: By: By: ____________________ Date Witness: City of Takoma Park: By: By: ____________________ Date Approved as to form and legal sufficiency: day of , 2023 ____________________ E.I. Cornbrooks, IV City Attorney City of Takoma Park Exhibit B – Construction Documents (18 pages) Houston Avenue Stormwater Treatment Project PROPOSED HOUSTON FILTERRA SYSTEMS CITY OF TAKOMA PARK, MARYLAND No . 1 NT S SC AL E: DA TE A PP RO VE D: AP PR OV ED B Y: DR AW N BY : DE SI GN ED B Y: PR OP OS ED F ILT ER RA PO RJ EC T NA ME : PR OP OS ED H OU ST ON F ILT ER RA S YS TE MS PO RJ EC T TY PE : PO RJ EC T TI TL E: F- 1 A. K ha lili an , P .E . Z. M ath ew os A. K ha lili an , P .E . 1/1 7/2 02 4 DR AW IN G DE PA RT ME NT O F PU BL IC W OR KS TI TL E, S HE ET IN DE X AN D SH EE T NU MB ER OF 1 8 CI TY O F TA KO MA P AR K MO NT GO ME RY C OU NT Y, M AR YL AN D F-1 TITLEDRAWING No.SHEET No. SHEET INDEX F-2 F-3 F-4 RIP RAP #57 STONE BRICK CONCRETE EARTH AASHTO 43 SAND EXISTING PROPOSED 1 TITLE, SHEET INDEX, VICINITY MAP AND GENERAL NOTES GENERAL NOTES GENERAL NOTES GENERAL NOTES 1 1 1 LEGEND PROPOSED LINES PROPOSED HIDDEN LINES GAS LINE WATER LINE SEWER LINE G G G G W W W W S S S S EX. STORM DRAIN LINE VI CI NI TY M AP F-5 EXISTING CONDITION SITE PLAN1 F-6 PROPOSED DEMOLITION PLAN AT FILTERRAS (F-1 THRU F-3)1 F-7 PROPOSED DEMOLITION PLAN AT FILTERRA (F-4)1 F-8 HOUSTON COURT FILTERRA (F-1) PLAN1 F-9 HOUSTON AVE FILTERRA (F-2) PLAN1 F-10 HOUSTON AVE FILTERRA (F-3) PLAN1 F-11 HOUSTON AVE FILTERRA (F-4) PLAN1 LONGITUDINAL SECTION THRU FILTERRA (F-1)1F-12 LONGITUDINAL SECTION THRU FILTERRA (F-2)2 LONGITUDINAL SECTION THRU FILTERRA (F-3)1 LONGITUDINAL SECTION THRU FILTERRA (F-4)2 F-13 LONGITUDINAL SECTION THRU DRAIN PIPE AT FILTERRA (F-4)1F-14 TYPICAL FILTERRA (F-1 AND F-3) CROSS SECTION2 BIOSCAPE PLAN-11F-15 OVERALL SECTION THRU BIOSCAPE FACING THE STREET2 BIOSCAPE PLAN-21F-16 OVERALL SECTION THRU BIOSCAPE FACING THE RETAINING WALL2 BIOSCAPE FOUNDATION PLAN1F-17 BIOSCAPE RETAINING WALL PROFILE2 SECTION THRU RETAINING WALL3 SECTION THRU BIOSCAPE AT FLOW INTAKE1F-18 SECTION THRU BIOSCAPE AT WEIR WALL2 SECTION THRU BIOSCAPE AT MID SPAN3 SECTION THRU BIOSCAPE AT OUT FLOW4 EX. STORM DRAIN LINE TYPICAL FILTERRA (F-2) CROSS SECTION3 TYPICAL FILTERRA (F-4) CROSS SECTION3 PARKING AREA RIGHT-OF-WAY BUILDING PERIMETER ROW ROW VICINITY MAP No . 2 NT S SC AL E: DA TE A PP RO VE D: AP PR OV ED B Y: DR AW N BY : DE SI GN ED B Y: PO RJ EC T NA ME : PO RJ EC T TY PE : PO RJ EC T TI TL E: A. K ha lili an , P .E . Z. M ath ew os A. K ha lili an , P .E . DR AW IN G G EN ER AL N OT ES SH EE T NU MB ER OF 1 8 F- 2 Construction Notes 1. Material: 1.1 Smooth Interior High Density Polyethylene Pipe (HDPE) that is used on the project shall conform to Manufacturer and pertaining ASTM standard D3035 1.2 All pipe shall be laid in accordance with respective manufacturer’s recommendations. Pipe shall not be laid when the bottom of the ditch or the sides to one foot (1) above the pipe are frozen, excessively wet or soft as determined by the Project Inspector. 1.3 Spoil excavated material containing organic, frozen soil, spoils or rock fragments larger than 4 inch in any dimension should not be used. 1.4 material shall not be placed at or below freezing or inclement weather condition., nor shall the trench be left open during such weather. 1.5 Foundation materials disturbed during construction must be removed. 1.6 The disturbed material may be compacted back in place or imported material may be used to replace the disturbed material and then compacted. 1.7 Excavation at SD pipe crossing gas lines shall be done manually. 1.8 Contractor shall perform root pruning within the limits of trench excavation. 2.0 Flexible Pipe Clearance 2.1 The performance of flexible pipe depends on the stiffness of the soil at the sides of the pipe. This side soil support is a combination of the embedment soil and the trench wall soil. 2.2 The width of the trench depends on the relative firmness of the embedment and the trench wall material. 2.3 If the trench walls are firmer than the embedment, the embedment is used to fill the space between the pipe and the trench walls. 2.4 If the trench walls are soft and easily compressible, most of the resistance to deflection must come from the embedment soil. Accordingly, two (2) types of trenches are anticipated at this site. Each type requires a different minimum clearance between the pipe and the trench wall measured at the spring line of the pipe. 3.0 Trench types 3.1 Trench type 1 is where the trench wall soil has a strength or firmness equivalent to the compacted embedment. These soils would include silty or clayey material with in place densities 85 percent of Proctor maximum dry density or higher but less than 95 percent 3.2. Trench type 2 is where the trench walls are much softer than the compacted embedment. Soils falling into this category would be peat or other organic soils, elastic silts (MH), low-density silty or clayey (SC ML) material (below 85 percent of Proctor maximum dry density), or low-density cohesionless soils (below 40 percent relative density). 3.3 A bedding thickness of 4 inch of un-compacted material with a maximum particle size of 0.75-inch is required for pipes that are 12 inch and larger in diameter. Trench Wall: 3.6 Typically, the trench is to be planned at a width equal to 2-3 times the exterior diameter of the pipe (D). 3.7 A circular shape may be excavated, using a trenching machine or a specially shaped backhoe bucket, so that the shape is about 6 -inch larger in diameter than the outside diameter of the pipe. 3.8 On a flat trench bottom, at a minimum one pipe diameter on either side should be available for ease of compaction or shoring implement installation. 3.9 For excavations of trenches 5.0 feet or more in depth, the trench wall slope should normally be a minimum of 1-horizontal to 1- vertical starting at the bottom of the trench. The trench wall slope shall not be steeper than the angle of repose of the native material. Alternatively, shoring equipment should be designed and used. 4.0 Bedding and embedment 4.1 The bedding material for flexible pipe shall be placed at trench bottom as an un-compacted layer of select material ASHTO 43 Class I or II corresponding to unified SM to SC or GM material should be used 4.2 A uniform layer of 4-inch bedding material should be used. This layer of un-compacted select material is placed over the foundation or replaced the foundation soil. The thickness of this layer depends on the pipe diameter but should not be less than 4-inch 5. Backfill 5.1 The trench slope may be used as back fill if it can be stockpiled at site. The soil excavated from the trench. This material should be inspected and approved by the Project inspector if it is to be used as backfill. 5.2 No rock fragments larger than 8 inches shall be used in any back fill below road subgrade or green areas backfill. This is to prevent damage from large rocks falling against the pipe during construction. These size limitations may require processing of the soils from the trench excavation before they may be used for backfill. Degree of Compaction: 5.3 Silty or clayey soils must be compacted to at least of 95 percent of the maximum dry density of the material used as determined in laboratory by testing according to standard (Proctor) procedure or ASTM D-698 procedure. 5.4 If the backfill is to be compacted above the pipe to the ground surface, the maximum rock particle size should not exceed 4-inch since 8-inch loose lifts of back fill are to be compacted. For compacted backfill under roads, any potentially expansive soil, such as fat clays (CH), should not be used. 5.5 Back fill shall be clean and free from organics. Select fill shall be used within top two (2) feet of pavement subgrade. 5.6 The backfill shall be placed in loose lifts of no more than 12 inch then rolled to achieve a dry density equal to 95 percent of the maximum dry density ( dry) as determined in laboratory according to Standard proctor (ASTM D698) at moisture contents within 2 percentage points of the optimum Moisture content ( opt) determined through the same standard. Backfill shall be compacted with lightweight, wide tracked or approved equipment. 5.7 Around Manhole Structures or near the pipe edges, if hand held walk behind compactors are used backfill should be placed in loose lifts of no more than six (6) inches and the next lift shall be placed after acceptance of compaction by on-site inspector. 5.7 Final grading should not take place until compaction is approved and the site is stabilized. 5.8 Contractor shall restore any roadway structure (pavements, curb & gutters, driveway aprons, sidewalks) to its original condition. 5.9 Compressive strength of concrete shall be f'c = 3500 psi at 28 days 3.4 The Material used as bedding or backfill shall contain no organics. 3.5 Approved suitable un-compacted soil material can be imported and placed over the natural subgrade or the in-situ material in the bottom of the trench can be loosened to a depth of 4 inch by scarifying. The loosened layer should continually be checked to be sure its uniformity. PR OP OS ED F ILT ER RA PR OP OS ED H OU ST ON F ILT ER RA S YS TE MS 1/1 7/2 02 4 DE PA RT ME NT O F PU BL IC W OR KS CI TY O F TA KO MA P AR K MO NT GO ME RY C OU NT Y, M AR YL AN D No . 3 AS IN DI CA TE D SC AL E: DA TE A PP RO VE D: AP PR OV ED B Y: DR AW N BY : DE SI GN ED B Y: A. K ha lili an , P .E . Z. M ath ew os A. K ha lili an , P .E . DR AW IN G SH EE T NU MB ER OF 1 8 F- 3 PO RJ EC T NA ME : PO RJ EC T TY PE : PO RJ EC T TI TL E: GE NE RA L N OT ES PO RJ EC T NA ME : SECTION Filterra®– Vault Configuration Bioretention System Standard Specification 1.0 GENERAL 1.1 This item shall govern the furnishing and installation of the Filterra® Bioretention System by Contech Engineered Solutions LLC, complete and operable as shown and as specified herein, in accordance with the requirements of the plans and contract documents. 1.2 Contractor shall furnish all labor, materials, equipment and incidentals necessary to install the bioretention system, appurtenances and incidentals in accordance with the Drawings and as specified herein. 1.3 Bioretention system shall utilize the physical, chemical and biological mechanisms of an engineered biofiltration media, plant and microbe complex to remove pollutants typically found in urban stormwater runoff. The treatment system shall be a fully equipped, pre constructed, drop in place unit designed for applications in the urban landscape to treat contaminated runoff from impervious surfaces. 1.4 Bioretention system shall be capable of stand alone stormwater treatment. No pretreatment to biofiltration media shall be required. 1.5 The bioretention system shall be of a type that has been installed and in use for a minimum of five (5) consecutive years preceding the date of installation of the system. The Manufacturer shall have been, during the same consecutive five (5) year period, engaged in the engineering design and production of systems deployed for the treatment of storm water runoff and which have a history of successful production, acceptable to the City Engineer or the approving Jurisdiction. The Manufacturer of the Filterra Bioretention System shall be, without exception: Contech Engineered Solutions LLC 9025 Centre Pointe Drive West Chester, OH, 45069 Tel: 1 800 338 1122 1.6 Applicable provisions of any Division shall govern work in this section. 1.7 American Society for Testing and Materials (ASTM) Reference Specifications 1.7.1 ASTM C857: Standard Practice for Minimum Structural Design Loading for Underground Precast Concrete Utility Structures 1.7.2 ASTM C858: Standard Specification of Underground Precast Concrete Utility Structures 1.7.3 ASTM C990: Standard Specification for Joints for Precast Box Sections Using Preformed Flexible Joint Sealants 1.9 No product substitutions shall be accepted unless submitted 10 days prior to project bid date, or as directed by the Engineer of Record. Submissions for substitutions require review and approval by the Engineer of Record, for hydraulic performance, impact to project designs, equivalent treatment performance, and any required project plan and report (hydrology/hydraulic, water quality, stormwater pollution) modifications that would be required by the approving jurisdictions/agencies. Contractor to coordinate with the Engineer of Record any applicable modifications to the project estimates of cost, bonding amount determinations, plan check fees for changes to approved documents, and/or any other regulatory requirements resulting from the product substitution. 2.0 MATERIALS 2.1 All internal components including engineered biofiltration media, underdrain stone, PVC underdrain piping, mulch, dissipation stone, and vegetation must be included as part of the bioretention system and shall be provided by Contech Engineered Solutions LLC. 2.1.1 Engineered biofiltration media shall consist of both organic and inorganic components. Stormwater shall be directed to flow vertically through the media profile, saturating the full media profile without downstream flow control. 2.1.2 Underdrain stone shall be of size and shape to provide adequate bridging between the media and stone for the prevention of migration of fine particles. Underdrain stone must also be able to convey the design flow rate of the system without restriction and be approved for use in the Filterra Bioretention System by Contech Engineered Solutions LLC. 2.1.3 PVC Underdrain Piping shall be SDR35 with perforation pattern designed to convey system design flow rate without restriction. 2.1.4 Mulch shall be double shredded wood or bark mulch approved for use with the Filterra Bioretention System by Contech Engineered Solutions LLC. 2.5.3 Silicone Sealant shall be pure RTV silicone conforming to Federal Specification Number TT S001543A or TT S00230C or Engineer approved. 2.5.4 Grout shall be non-shrink grout meeting the requirements of Corps of Engineers CRD-C588. Specimens molded, cured and tested in accordance with ASTM C-109 shall have minimum compressive strength of 6,200 psi. Grout shall not exhibit visible bleeding. 2.5.5 Backfill material shall be 3⁄4 inch minus crushed rock, or approved equal. 3.0 PERFORMANCE 3.1 Treatment Capabilities shall be verified via third-party reports following TAPE or TARP protocols. 1.7.4 ASTM C109: Standard Test Method for Compressive Strength of Hydraulic Cement Mortars 1.8 Manufacturer or authorized supplier to submit shop drawings for bioretention System with the vault, engineered biofiltration media and accessory equipment. Drawings shall include principal dimensions, engineered biofiltration media placement, location of piping and unit foundation. 1.8.1 Manufacturer or authorized supplier shall submit installation instructions to the contractor. 1.8.2 Manufacturer or authorized supplier shall submit Operations and Maintenance Manual to the contractor. 1.8.3 Before installation of the bioretention system, Contractor shall obtain the written approval of the Engineer of Record for the system drawings. 2.1.5 Vegetation shall comply with the type and size required by the approved drawings and shall be alive and free of obvious signs of disease. 2.1.6 Dissipation stone shall be 3”- 6” diameter washed stones or cobbles. 2.2 Precast concrete vault shall be provided by Manufacturer or authorized supplier according to ASTM C857 and C858. 2.2.1 Vault joint sealant shall be Conseal CS-101 or approved equal. Joints shall be sealed with preformed joint sealing compound conforming to ASTM C 990. 2.2.2 If interior concrete baffle walls are provided, baffle walls shall be cast-in or sealed to the interior vault walls and floor with a polyurethane construction sealant rated for use below the waterline, SikaFlex 1a or equal. Contractor to provide sealant material and installation unless completed prior to shipment. 2.3 Tree grates and access covers shall be cast iron. Tree grate frames shall be galvanized steel. 2.4 Curb Nosing (where applicable) shall be galvanized steel and where specified shall be cast into a top slab designed to support AASHTO HS-20 loading at the curb. 2.5 All contractor provided components shall meet the requirements of this section, the plans specifications and contract documents. In the case of conflict, the more stringent specification shall apply. 2.5.1 Crushed rock base material shall be 6 inch minimum layer of 3⁄4 inch minus rock. Compact undisturbed sub-grade materials to 95% of maximum density at +/- 2% of optimum moisture content. Unsuitable material below sub-grade shall be replaced to engineer’s approval. 2.5.2 Concrete shall have an unconfined compressive strength at 28 days of at least 3000 psi, with 3⁄4 inch round rock, a 4 inch slump maximum, and shall be placed within 90 minutes of initial mixing. 3.1.1 Engineered biofiltration Media flow rate shall be verified via third party report following TAPE or TARP protocols. The minimum treatment flow rate based on target pollutant shall be as follows: TSS: 100”/hr Phosphorus: 100”/hr Oil/Grease: 50”/hr Metals: 35”/hr The system shall be designed to ensure that high flow events shall bypass the Engineered biofiltration media preventing erosion and resuspension of pollutants. 3.1.2 The system shall remove a minimum of 86% Total Suspended Solids (TSS) based on aggregated data from at least four third party field studies following TAPE or TARP protocols. Aggregated median effluent concentration shall be less than 3.3 mg/L. 3.1.3 The system shall remove a minimum of 70% Total Phosphorus (TP) based on aggregated data from at least two third party field studies following TAPE protocols. Aggregated median effluent concentration shall be less than 0.05 mg/L. 3.1.4 The system shall remove a minimum of 70% Total Phosphorus (TP) based on aggregated data from at least two third party field studies following TAPE protocols. Aggregated median effluent concentration shall be less than 0.05 mg/L. 3.1.5 The system shall remove a minimum of 55% Total Copper based on aggregated data from at least two third party field studies following TAPE or TARP protocols. Aggregated median effluent concentration shall be less than 0.004 mg/L. 3.1.6 The system shall remove a minimum of 43% Dissolved Copper based on aggregated data from at least one third party field study following TAPE or TARP protocols. Aggregated median effluent concentration shall be less than 0.003 mg/L. 3.1.7 The system shall remove a minimum of 56% Total Zinc based on aggregated data from at least three third party field studies following TAPE or TARP protocols. Aggregated median effluent concentration shall be less than 0.04 mg/L. 3.1.8 The system shall remove a minimum of 54% Dissolved Zinc based on aggregated data from at least one third party field study following TAPE or TARP protocols. Aggregated median effluent concentration shall be less than 0.003 mg/L. 3.1.9 The system shall remove a minimum of 87% Total Petroleum Hydrocarbons based on aggregated data from at least one third party field study following TAPE or TARP protocols. Aggregated median effluent concentration shall be less than 0.71 mg/L. PR OP OS ED F ILT ER RA PR OP OS ED H OU ST ON F ILT ER RA S YS TE MS 1/1 7/2 02 4 DE PA RT ME NT O F PU BL IC W OR KS CI TY O F TA KO MA P AR K MO NT GO ME RY C OU NT Y, M AR YL AN D No . 4 AS IN DI CA TE D SC AL E: DA TE A PP RO VE D: AP PR OV ED B Y: DR AW N BY : DE SI GN ED B Y: A. K ha lili an , P .E . Z. M ath ew os A. K ha lili an , P .E . DR AW IN G SH EE T NU MB ER OF 1 8 F- 4 PO RJ EC T NA ME : PO RJ EC T TY PE : PO RJ EC T TI TL E: GE NE RA L N OT ES PO RJ EC T NA ME : 3.2 The system shall have General Use Level Designation from Washington Department of Ecology for Basic (TSS), Phosphorus, Enhanced (Metals), and Oil/Grease and have Certification by New Jersey Department of Environment. 3 Quality Assurance and Quality Control procedures shall be followed for all batches of engineered biofiltration media produced. Engineered biofiltration media shall be certified by the Manufacturer for performance and composition. 3.3.1 Media particle size distribution and composition shall be verified as per relevant ASTM Standards. 3.3.2 Media pollutant removal performance shall be verified as per relevant ASTM Standards as well as a minimum of one scientific method approved by the USEPA. 3.3.3 Media hydraulic performance shall be verified as per relevant ASTM Standards. 3.3.4 Media fertility shall be verified as per a minimum of one published scientific method. 3.4 The Manufacturer shall ensure through third party full scale field testing of installed units that the design flow rate of the system is not reduced over time. Studies shall be performed on a minimum of 10 systems of various ages, maintenance frequencies, and land uses. At least 80% of the tested systems shall have been installed 2.5 or more years. At least 50% of the systems shall have previous maintenance intervals greater than 2 times the manufacturer’s recommendation. 4.0 EXECUTION 4.1 Set precast vault on crushed rock base material that has been placed in maximum 6-inch lifts, loose thickness, and compacted to at least 95.0 percent of the maximum dry density as determined by the standard Proctor compaction test, ASTM D698, at moisture content of +/- 2% of optimum water content. 4.2 Inlet and outlet pipes shall be attached to provided couplers or grouted in and connected to precast concrete vault according to Engineer’s requirements and specifications. All connections to be water tight. 4.3 All throat and grate protection covers shall remain in place until the system is activated. 4.4 Contractor to cast-in-place throat inlet to convey stormwater into bioretention System according to Engineer’s requirements and specifications. 4.5 Engineered biofiltration media shall be delivered installed in the vault, unless otherwise agreed upon with the Manufacturer. Contractor shall take appropriate action to protect the media from sediment and other debris during construction. The method ultimately selected shall be at Contractor’s discretion and Contractor’s risk. 4.5.1 If media is shipped separately from vault, Manufacturer or a Manufacturer’s certified representative shall install media into the vault or be present to supervise installation in order to ensure proper installation. 4.6 The bioretention system shall not be placed in operation (activated) until the project site is clean and stabilized (construction erosion control measures no longer required). The project site includes any surface that contributes storm drainage to the system. All impermeable surfaces shall be clean and free of dirt and debris. All catch basins, manholes and pipes shall be free of dirt and sediment. Activation shall be provided by Manufacturer or authorized supplier. 4.7 Each correctly installed system shall be maintained by Manufacturer or authorized supplier for a minimum period of one year. The cost of this service shall be included in the price of the system. 4.7.1 Annual maintenance consists of a maximum of two [2] scheduled visits. 4.7.2 Each routine maintenance visit shall consist of only the following items: system inspection; removal of foreign debris, silt, loose plant material and trash; mulch removal; engineered biofiltration media evaluation; plant health evaluation and pruning; replacement of mulch; disposal of all maintenance refuse items; and updating of maintenance records 4.8 To ensure long term performance of the bioretention system, continuing annual maintenance programs should be performed or purchased by the owner per the latest Filterra Bioretention System Operation and Maintenance manual. PR OP OS ED F ILT ER RA PR OP OS ED H OU ST ON F ILT ER RA S YS TE MS 1/1 7/2 02 4 DE PA RT ME NT O F PU BL IC W OR KS CI TY O F TA KO MA P AR K MO NT GO ME RY C OU NT Y, M AR YL AN D 238 236 234 232 230 234 232 230 228 226 224 222 220 218 216 214 212 210 208 206 204 202 200 198 196 194 192 190 188 186 184 182 180 178 176 174 172 236 238 240 242 244 246 248 244 242 240 238 236 234 232 230 242 244 244 242 240 238 236 234 232 1+00 2+00 3+00 4+00 5+00 6+00 7+00 8+00 9+00 10+00 11+00 12+00 13+00 0+00 0+25 0+50 0+75 1+00 1+25 EX-CB 985 EX-CB 926 EX-CB 927 EX-CB 925 EX-CB 924 EX-CB 923 EX-CB 922 EX-CB 921 EX-MH 920 EX-MH 919 EX-MH 918 EX-MH 916 EX-MH 915 HO US TO N C T BRIGHTON AVE HO US TO N A VE KENNEBEC AVE HOUSTO N AVE MATCH LINE-1 EX-MH 917 0+00 1+00 2+00 3+00 No . 5 1" = 10 0'- 0" SC AL E: DA TE A PP RO VE D: AP PR OV ED B Y: DR AW N BY : DE SI GN ED B Y: A. K ha lili an , P .E . Z. M ath ew os A. K ha lili an , P .E . DR AW IN G SH EE T NU MB ER OF 1 8 F- 5 PO RJ EC T NA ME : PO RJ EC T TY PE : PO RJ EC T TI TL E: EX IS TI NG C ON DI TI ON S IT E PL AN 1 EXISTING CONDITION SITE PLAN F-5 SCALE: 1" = 100'-0" PO RJ EC T NA ME : PR OP OS ED F ILT ER RA PR OP OS ED H OU ST ON F ILT ER RA S YS TE MS 1/1 7/2 02 4 DE PA RT ME NT O F PU BL IC W OR KS CI TY O F TA KO MA P AR K MO NT GO ME RY C OU NT Y, M AR YL AN D 238 236 234 232 230 234 232 230 228 226 224 222 220 218 216 214 212 236 238 240 246 244 242 240 238 236 234 232 230 244 242 240 238 236 234 232 4+00 5+00 6+00 7+00 8+00 EX-CB 985 EX-CB 926 EX-CB 927 EX-CB 925 EX-CB 923 EX-CB 922 EX-CB 921 HO US TO N C T BRIGHTON AVE HOUSTO N AVE MATCH LINE-1 0+00 1+00 2+00 3+00 REMOVE EX. CURB AND GUTTER REMOVE EX LEADWALK REMOVE EX INLET REMOVE EX. SIDEWALK EX-CB 924 EX. DRIVEWAY APRON EX. DRIVEWAY APRON REMOVE EX. CURB & GUTTER AND SIDEWALK 1 PROPOSED DEMOLITION PLAN (F-1 THRU F-3) F-6 SCALE: 1" = 50'-0" N No . 6 1" = 50 '-0 " SC AL E: DA TE A PP RO VE D: AP PR OV ED B Y: DR AW N BY : DE SI GN ED B Y: A. K ha lili an , P .E . Z. M ath ew os A. K ha lili an , P .E . DR AW IN G SH EE T NU MB ER OF 18 F- 6 PO RJ EC T NA ME : PO RJ EC T TY PE : PO RJ EC T TI TL E: DE MO LIT IO N PL AN PR OP OS ED F ILT ER RA PR OP OS ED H OU ST ON F ILT ER RA S YS TE MS 1/1 7/2 02 4 DE PA RT ME NT O F PU BL IC W OR KS CI TY O F TA KO MA P AR K MO NT GO ME RY C OU NT Y, M AR YL AN D 210 208 206 204 202 200 198 196 194 192 190 188 186 184 182 180 178 176 174 172 9+00 10+00 11+00 12+00 13+00 0+00 0+25 0+50 0+75 1+00 1+25 EX-MH 920 EX-MH 919 EX-MH 918 EX-MH 916 EX-MH 915 HO US TO N A VE KENNEBEC AVE MATCH LINE-1 EX-MH 917 REMOVE EX. SIDEWALK NEW EXCAVATION AREA N 1 SCALE: 1" = 50'-0" PROPOSED DEMOLITION PLAN @ F-4 F-7 No . 7 1" = 50 '-0 " SC AL E: DA TE A PP RO VE D: AP PR OV ED B Y: DR AW N BY : DE SI GN ED B Y: A. K ha lili an , P .E . Z. M ath ew os A. K ha lili an , P .E . DR AW IN G SH EE T NU MB ER OF 18 F- 7 PO RJ EC T NA ME : PO RJ EC T TY PE : PO RJ EC T TI TL E: DE MO LIT IO N PL AN PO RJ EC T NA ME : PR OP OS ED F ILT ER RA PR OP OS ED H OU ST ON F ILT ER RA S YS TE MS 1/1 7/2 02 4 DE PA RT ME NT O F PU BL IC W OR KS CI TY O F TA KO MA P AR K MO NT GO ME RY C OU NT Y, M AR YL AN D 238 236 234 232 EX-CB 985 HO US TO N C T 1+00NEW 7'X13' FILTERRA (F-1) CLEAN OUT TREE FRAME & GRATE PERF. 6" SDR 35 UNDERDRAIN PIPE 6" PVC PIPE 7.00' EX. LEADWALK EX. LEADWALK EX. TIMBER RETAINING WALL 1 F- 12 2 F-14 NEW INLET THROAT G G G G G G G G G G W W W W W W W W W W W W S S S S ROW ROW RO W 13 .00 ' 1 SCALE: 1" = 10'-0" HOUSTON COURT FILTERRA (F-1) PLAN F-8 No . 8 1" = 10 '-0 " SC AL E: DA TE A PP RO VE D: AP PR OV ED B Y: DR AW N BY : DE SI GN ED B Y: A. K ha lili an , P .E . Z. M ath ew os A. K ha lili an , P .E . DR AW IN G SH EE T NU MB ER OF 18 F- 8 PO RJ EC T NA ME : PO RJ EC T TY PE : PO RJ EC T TI TL E: HO US TO N CO UR T FI LT ER RA P LA N N PO RJ EC T NA ME : PR OP OS ED F ILT ER RA PR OP OS ED H OU ST ON F ILT ER RA S YS TE MS 3/1 /20 24 DE PA RT ME NT O F PU BL IC W OR KS CI TY O F TA KO MA P AR K MO NT GO M...