Residential and Non-Residential Inspection and Plan Review Services

4 1.0 Background and Nature of the Project 1.1 Delaware County Background Delaware County is situated in Central Ohio, and covers 459 square miles and has a population of 214,124, per the 2020 census and a population of approximately 223,254 residents currently. The Delaware County Building Safety office operates under the authority and direction of the Delaware County Board of Commissioners. This Board consists of three (3) Commissioners elected by the county residents. 1.2 Purposes and Desired Outcomes of the Request for Proposal Delaware County Building Safety is issuing this Request for Proposals (RFP) to solicit proposals from Offerors (the term “Offeror” is used herein to refer to prospective contractors and may be used interchangeably with the term “Contractor” herein) for residential and non-residential inspection services including, but not limited to the following inspection types: footing, foundation, structural, insulation, occupancy, electrical, heating, air conditioning,

venting and gas piping. The contract shall also include residential and non-residential plan review services. The contract shall be valid for one (1) year. 2.0 Calendar of Events and RFP Communications 2.1 Calendar Advertisement of RFP January 17, 2024 Offerors Conference January 23, 2024 Deadline for Submitting Questions January 26, 2024 Proposal Due Date February 2, 2024 Estimated Notice of Award February 9, 2024 2.2 RFP Submittal Process All proposals are to be delivered before 3:00 p.m., local time, on Friday, February 2, 2024, to: Delaware County Commissioners’ Office 91 North Sandusky Street Delaware, Ohio 43015 Delaware County will not accept any proposals received after the date/time stated above, and shall request Offeror to make arrangements to retrieve late proposals. Delaware County shall not bear the responsibility for proposals delivered past the stated date or time, or to an incorrect address by Offeror’s personnel or by the Offeror’s outside carrier. Offerors must submit one (1) completed and signed original and five (5) copies of the proposal. Proposals will be opened publicly in a manner to avoid public disclosure of contents, and only names of Offerors will be read aloud. Proposals shall be submitted in a 5 sealed, opaque envelope or box marked “Proposal Enclosed for RFP – Building Inspection Services.” Any proposals submitted to Delaware County, Ohio are to be prepared at the Offeror’s expense. Delaware County reserves the right to reject any and all proposals in whole or in part. Acceptance of a proposal shall not constitute an agreement between the Offeror and Delaware County. Delaware County shall have no liability whatsoever to any Offeror whose proposal is not accepted. IT IS ABSOLUTELY ESSENTIAL THAT OFFERORS CAREFULLY REVIEW ALL ELEMENTS IN THEIR FINAL PROPOSALS. ONCE OPENED, PROPOSALS CANNOT BE ALTERED; HOWEVER, DELAWARE COUNTY RESERVES THE RIGHT TO REQUEST INFORMATION OR RESPOND TO INQUIRIES FOR CLARIFICATION PURPOSES. Delaware County reserves the right to withdraw this RFP at any time and for any reason, and to issue such clarifications, modifications, and/or amendments as it may deem appropriate. Delaware County reserves the right to waive minor irregularities in proposals, provided that such action is in the best interest of the County. Any such waiver shall not modify any remaining RFP requirements or excuse the Offeror from full compliance with the RFP specifications and other contract requirements if the Offeror is awarded the Contract. A sample contract is included with this RFP, but an Offeror may submit a proposed contract with its response to the RFP. All proposals shall be valid for a period of 90 days from the submission date, unless withdrawn in writing by the Offeror. To facilitate the fair evaluation and comparison of proposals, all proposals must conform to the guidelines set forth in this RFP. Any portions of the proposal that do not comply with these guidelines must be so noted and explained in the Acceptance of Conditions section of the proposal. All materials submitted and accepted by Delaware County in response to this RFP shall become the property of Delaware County and will be retained by Delaware County in accordance with the Ohio Public Records Act and the Ohio Records Retention Act. The contents of the proposal are subject to the Ohio Public Records Act unless otherwise exempted by law. The Offeror should note within its proposal whether it considers any part of the proposal as proprietary or trade secret. Delaware County will attempt to keep, to the best of its ability, proprietary or trade secret material confidential, only to the extent permitted by law. Notwithstanding the foregoing, Delaware County shall have the sole discretion in determining whether any part(s) of the Offerors’ proposals contain information that is exempt from Ohio Public Records law. In order to ensure fair and impartial evaluation, proposals and any documents or other records related to a subsequent negotiation for a final contract that would otherwise be available for public inspection and copying under R.C. 149.43 shall not be available until after the award of the contract, pursuant to R.C. 307.862(C). 2.3 Inquiries/Communications Delaware County will accept questions regarding the RFP only through the following email address: building@co.delaware.oh.us. All questions and answers will be sent to 6 those prospective Offerors that attend and register at the Offerors’ conference referenced in Section 2.4. The deadline for question submission is Friday, January 26, 2024 at 3:00 p.m. 2.4 Offerors Conference On Tuesday, January 23, 2024, at 10:00 a.m. Delaware County will host an Offerors Conference at Delaware County Building Safety, 1610 State Route 521, Delaware, Ohio 43015. Offeror attendance is voluntary. Delaware County feels that it is in the best interest of both Offerors and the County that all interested contractors be afforded the opportunity to attend an Offerors Conference to ask questions regarding the scope of this request for proposals. Additionally, Delaware County will compile a list of attendees to be used for future communications regarding the RFP. 2.5 Communication Restrictions From the release of the RFP until a contractor is selected, Offerors shall only communicate regarding the project in question with Delaware County officials or others working on the project through the email address designated for such purposes. Delaware County reserves the right to disqualify Offerors for unauthorized communication, but Delaware County reserves the right to contact Offerors after receipt of proposals for clarification of any items within the proposal. Delaware County shall open any and all proposals received in a manner that prevents the disclosure of contents of competing offers to competing Offerors. 2.6 Changes to the Request for Proposals by Delaware County Delaware County may amend specific sections of this RFP at any time during the submission process. Delaware County will furnish amendments to prospective contractors who attended the Offerors Conference. Should Delaware County issue an addendum to this RFP, the submission deadline may be extended, if appropriate, to accommodate changes made to the proposal. 3.0 Services Requirements The following specifications outline the minimum requirements of the proposed service. They are provided to assist Offerors in understanding the objectives of Delaware County and submitting a thorough response. Proposals received must meet these minimum requirements. Offerors may propose methodologies which meet the “spirit” of the listed requirements, but shall note that the proposed service which meets all, or most closely meets, the specifications will be recommended for award within the listed selection criteria. The Contractor shall provide the following: A. Perform inspection services and plan review services on an as needed basis, as authorized by the Chief Building Official. Contractor shall perform work in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances. B. Perform the necessary inspections and plan reviews for both residential and commercial construction projects as assigned by the Chief Building Official. On a daily basis, the 7 Contractor shall provide a report listing the inspections performed for the particular day. The report shall include the date of inspections, type of inspection, total time for each inspection, name of inspector & mileage for each inspection. C. Maintain, at its own expense, copies of the necessary codes, standards, equipment, tools and vehicle(s) required for the execution of the services of this Agreement. This shall include the text, electronic file or online access to the current version adopted by the County. D. Maintain all certifications necessary for the execution of the services. Any loss of certification shall be communicated immediately to the County and promptly confirmed in writing to the County. E. Furnish its own vehicle(s) for transportation. The Contractor’s employees providing services hereunder shall, for the life of the agreement, maintain a valid driver’s licenses. The County shall provide the following: A. Standard forms necessary for the execution of the services. The County shall establish the necessary procedure for the inspection services. B. Issue and/or collect all permits, registrations, fees, etc. C. Provide to Contractor clerical services necessary for the processing of the permits. D. Provide the list of daily inspections to the Contractor. E. Provide conference and meeting facilities for the Contractor to meet with applicants in regards to the work performed by the Contractor. F. Secure release of other data held by others necessary for the Contractor to perform their obligations under this Agreement. G. Complaints and/or disputes resulting from the provided service(s) will be reported immediately to the County. The County shall provide for the appeal mechanism for disputes and complaints. 4.0 Offeror’s General Requirements 4.1 Identify the cost your company will charge Delaware County for services. 4.2 Please state and detail any additional fees/charges that your company will charge the County. 4.3 Describe the business structure of your company (corporation, LLC, partnership, etc.). 8 4.4 Identify the key employees in your company, and provide the following information for each: A. The employee’s official title and responsibilities with your company; B. Employment status: (full-time employee, part-time employee, contract employee, etc.); and C. Length of time he/she has been employed. D. The employee’s Ohio Board of Building Standards certifications. E. Length of time he/she has been performing inspections for each certification. 5.0 Proposal Format In responding to this RFP, offeror must address each of the format requirements detailed in this section. Offerors will submit proposals with tabs inserted to distinguish each section as detailed below. 5.1 Cover Letter The Cover Letter shall be in the form of a standard business letter and shall be signed by an individual authorized to legally bind the Offeror. The Cover Letter shall provide a summary of the services to be provided and the name and telephone number of a contact person with authority to answer questions regarding the proposal. The letter shall also include the name and phone number of a contact person to be notified regarding contractual issues. Whenever possible, representatives within Ohio should be used. 5.2 Management and Organization The Offeror shall describe how it will manage the successful accomplishment of the goals, objectives, and timeline described in this RFP. The Offeror shall list individuals vested with leadership responsibilities for the project, lines of reporting, accountability between Offeror and Delaware County. Delaware County will award the contract to one or more primary contractor(s), and subcontracting for the primary services is not permitted without the County’s written authorization. 5.3 Offeror Profile and Qualifications 5.3.1 Offeror will provide a general history, description and status of the company including verification of the company’s financial stability. 5.3.2 Offeror will provide a report of all pending and completed litigation for the past five (5) years. 5.3.3 Offeror will demonstrate its compliance with all requirements of Sections 3.0 and 4.0 of this RFP. 5.3.4 Past experience regarding the performance of residential and non-residential inspections 9 5.4 Affirmative Action The offeror shall submit information detailing its affirmative action, equal employment, and nondiscrimination policies. 5.5 Conflicts of Interest No personnel of the contractor may voluntarily acquire personal interest that conflicts with their responsibilities under this contract. Additionally, the contractor will not knowingly permit any public official or public employee who has any responsibility related to this contract or the project to acquire an interest in anything or any entity under the contractor’s control if such an interest would conflict with that official’s or employee’s duties. The contractor will disclose to Delaware County knowledge of any such person who acquires an incompatible or conflicting personal interest related to this contract. The contractor will take all legal steps to ensure that such a person does not participate in any action affecting the work under this contract, unless Delaware County has determined that, in light of the person interest disclosed, that person’s participation in any such action would not be contrary to the public interest. Each proposal must include a statement indicating whether the contractor or any people that work on the project through the contractor have a possible conflict of interest, and, if so, the nature of the conflict. Delaware County has the right to reject a proposal in which a conflict is disclosed or cancel the contract if any interest is later discovered that could give the appearance of a conflict. 5.6 Workers’ Compensation Coverage The selected contractor shall submit a copy of the certificate proving that the contractor and agents are covered by workers’ compensation, employees’ liability and/or contractor’s insurance in amounts sufficient to satisfy all claims that might arise from its acts or those of the employees and agents. Failure to maintain coverage at any time during the term of the contract shall be deemed a material breach of the contract. Such failure shall deem the contract void in its entirety, and the selected contractor shall not be entitled to any payment pursuant to the contract or otherwise. 5.7 Addenda There may be addenda to this RFP. If your company desires to receive copies or notices of any such addenda, you must provide the information requested below to Duane Matlack, Delaware County Building Safety, dmatlack@co.delaware.oh.us. Delaware County will send addenda only to those Offerors that provide the requested information by timely e-mail. RFP Inspection and Plan Review Services Company name _________________________ Mailing address _________________________ _________________________ _________________________ 10 Phone number _________________________ Fax number _________________________ Contact person _________________________ E-mail address _________________________ Send addenda by (check one):  Fax  E-mail Any alterations to the document made by the offeror may be grounds for rejection of proposal, cancellation of any subsequent award, or any other legal remedies available to Delaware County. Addenda will also be posted on the Delaware County web site http://www.co.delaware.oh.us under the heading “Bids and Notices” in a PDF format. 5.8 Affidavits and Forms The following affidavits and forms will be required and are included as attachments to this RFP and, by this reference, are incorporated herein: a. Non-Collusion Affidavit b. Personal Property and Real Estate Tax Affidavit c. Certification Regarding Findings for Recovery 5.9 Price Each Offeror shall submit a proposed all-inclusive price for the services, as well as a proposed payment structure. 5.10 Additional Required Contractual Terms NOTE: ALL REQUIRED FORMS ARE INCLUDED IN SECTION 7.0 OF THIS DOCUMENT. 5.10.1 Offeror Acknowledgement By submitting a proposal, the Offeror acknowledges that it has fully and completely read and reviewed this RFP, that it fully and completely understands this RFP, and agrees to be bound by all its terms, requirements and conditions. The Offeror acknowledges and understands that any contract that results from a proposal submitted pursuant to this RFP must be approved by the County. 5.10.2 Reservation of Rights by County The County reserves the following rights in relation to any submitted proposal or any contract that results from a proposal submitted pursuant to this RFP: A. The County reserves the right to disqualify any proposal that takes exception to or limits the rights of the County under this RFP and/or resulting contract. B. The County reserves the right to refuse any proposal not properly submitted in accordance with the requirements of this RFP. http://www.co.delaware.oh.us/ 11 C. The County reserves the right to reject the selected proposal or other proposals at any time prior to execution of a contract. D. The County reserves the right to cancel this RFP at any time. E. The County reserves the right to reduce the scope of services required herein and to negotiate the price to reflect such change after award of the Contract has been made. F. The County reserves the right to select the offeror deemed to be in the best interests of the County, as determined solely by the County and/or its representative, to reject any and/or all proposals, or any portion of any and/or all proposals, to waive informalities or irregularities that do not affect the substance of the specifications and contents of this RFP and to award the contract in the manner deemed to be in the best interest of the County. 5.10.3 Independent Contractor The Contractor shall act in performance of this Contract as an independent contractor. As an independent contractor, the Contractor and/or its officers, officials, board, employees, representatives, agents, volunteers and/or servants are not entitled to any of the benefits enjoyed by employees of the County, or any other appointing authority of Delaware County, Ohio. 5.10.4 Indemnification The Contractor shall provide indemnification as follows: A. To the fullest extent of the law and without limitation, the Contractor agrees to indemnify and hold free and harmless the Delaware County Board of Commissioners, Delaware County, Ohio and all of their respective boards, officers, officials, employees, volunteers, agents, servants and representatives (collectively “Indemnified Parties”) from any and all actions, claims, suits, demands, judgments, damages, losses, costs, and expenses, including, but not limited to attorney’s fees, arising out of or resulting from any accident, injury, bodily injury, sickness, disease, illness, death, or occurrence, regardless of type or nature, negligent or accidental, actual or threatened, intentional or unintentional, known or unknown, realized or unrealized, related in any manner, in whole or in part, to the Contractor's, any subcontractor’s, or any sub-subcontractor’s performance of this Contract, including, but not limited to the performance or actions of the Contractor’s, any subcontractor’s, or any sub-subcontractor’s officers, officials, boards, employees, agents, servants, volunteers, or representatives (collectively “Contracted Parties”.) The Contractor agrees that in the event of or should any such actions, claims, suits, or demands be brought against the Indemnified Parties that the Contractor shall, at its own expense, promptly retain defense counsel to represent, defend, and protect the Indemnified Parties, paying any and all attorney’s fees, costs, and expenses. The Contractor further agrees that in the event of or should any such actions, claims, suits, or demands be brought against the Indemnified Parties, that the Contractor shall pay, 12 settle, compromise and procure the discharge of any and all judgments, damages, losses, costs, and expenses, including, but not limited to attorney’s fees. B. The Contractor shall assume full responsibility for, pay for, and shall indemnify and hold free and harmless the Indemnified Parties from any harm, damage, destruction, injury, or loss, regardless of type or nature, known or unknown, realized or unrealized, to any property, real or personal, belonging to the Indemnified Parties or others, including but not limited to real estate, buildings, structures, fixtures, furnishings, equipment, vehicles, supplies, accessories and/or parts arising out of or resulting in whole or in part from any acts or omissions negligent or accidental, actual or threatened, intentional or unintentional of the Contracted Parties. C. To the fullest extent of the law and without limitation, the Contractor agrees to indemnify and hold free and harmless the Indemnified Parties from any and all actions, claims, suits, demands, judgments, damages, losses, costs, penalties, fines, and expenses, including, but not limited to attorney’s fees, arising out of or resulting from any violation of governmental laws, regulations, any spoilage, harm, damage, injury, or loss of or upon the environment, including, but not limited to land, water, or air, or any adverse effect on the environment, including, but not limited to land, water, or air, regardless of type or nature, negligent or accidental, actual or threatened, intentional or unintentional, known or unknown, realized or unrealized, related in any manner, in whole or in part, to the Contracted Parties performance of this Contract. The Contractor agrees that in the event of or should any such actions, claims, suits, or demands be brought against the Indemnified Parties that the Contractor shall, at its own expense, promptly retain defense counsel to represent, defend, and protect the Indemnified Parties, paying any and all attorney’s fees, costs, and expenses. The Contractor further agrees that in the event of or should any such actions, claims, suits, or demands be brought against the Indemnified Parties, that the Contractor shall pay, settle, compromise and procure the discharge of any and all judgments, damages, losses, costs, penalties, fines, and expenses, including, but not limited to attorney’s fees. 5.10.5 Insurance The Contractor shall carry and maintain throughout the life of the Contract such bodily injury and property damage liability insurance as will protect it and the Indemnified Parties against any and all claims for personal injury, including death, or property damage, which may arise out of or result from the performance of or operations under this Contract or from the use of any vehicle(s) in connection therewith, and shall include coverage for indemnification as described above. Prior to commencement of this Contract, the Contractor shall present to the County current certificates of insurance, and shall maintain current such insurance during and throughout the entire term of this Contract. Said insurance shall, at a minimum, include the insurance specified below and the amount of coverage on said policies of insurance shall be at least that which is specified below: 13 A. Worker’s Compensation Insurance as required by Ohio law and any other state in which work will be performed. B. Commercial General Liability Insurance with coverage in an amount equal to and covering all sums which the Contractor may or shall become legally obligated to pay as damages, but in an amount providing for a minimum of or at least one million dollars ($1,000,000.00) coverage per occurrence with an annual aggregate of at least two million dollars ($2,000,000.00), including coverage for subcontractors, if any are used, covering any and all work performed under this Contract. C. Auto/Vehicle Liability Insurance covering all owned, non-owned and hired vehicles used in connection with the work required under this Contract and/or used in providing services or otherwise for the County, with coverage in an amount equal to that required by law and covering all sums which Contractor may or shall become legally obligated to pay as damages, but in an amount providing for minimum coverage of at least three hundred thousand dollars ($300,000.00) (Combined Single Limit) or, one hundred thousand dollars ($100,000.00) per person and three hundred thousand dollars ($300,000.00) per accident for bodily injury and one hundred thousand dollars ($100,000.00) per accident for property damage or more as may be required for particular vehicles or particular uses of vehicles as required by applicable law. The County must be named as “Additional Insured” on the policies listed in paragraphs B and C above. The insurance company needs to be identified for each insurance policy and coverage. The certificates of insurance are to be signed by a person authorized by the insurance company to bind coverage on its behalf. All insurance shall be written by insurance companies licensed to do business in the State of Ohio. The insurer shall provide thirty (30) days written notice to the County before any cancellation or non-renewal of insurance coverage. Failure to provide such written notice will obligate the insurer to provide coverage as if cancellation or non-renewal did not take place. If there is any change in insurance carrier or liability amounts, a new certificate of insurance must be provided to the County within seven (7) calendar days of change. During the life of the Contract, the County may require the Contractor to provide respective and/or additional certificate(s) of insurance in order to verify coverage. Failure to provide a requested certificate of insurance within seven (7) calendar days of the request may be considered as default.