Request for Proposals

Land Development Code

New Castle County

New Castle, DE

Posted: 04/03/2013
Submittal Deadline: 05/01/2013


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New Castle County is seeking priced proposals from qualified consultants to perform a study of the current Unified Development Code and provide recommended code enhancements

Interested parties are asked to submit a priced proposal, in writing, with one (1) original and three (3) copies; and 1 copy on CD or USB drive to New Castle County Purchasing Division, 87 Read’s Way, New Castle, DE 19720, by 2:00 p.m. Wednesday, May 1, 2013 so stating their interests and qualifications.

NOTE: Bidders are responsible for obtaining the bid specifications and all addendums from the New Castle County Purchasing website at

Questions about the project should be directed in writing by noon Friday, April 19, 2013, to Andria Smith, Purchasing, by e-mail at


Sealed proposal envelopes shall carry a clear notation in the lower left quadrant, “Consulting Services – Land Development Code, Bid #13PP-003.

FAX proposals cannot be accepted.

Pursuant to New Castle County Code and Delaware State Law, no contract will be awarded to any vendor unless, before or in conjunction with the actual award of the contract to such vendor, has submitted proof satisfactory to the County, or to the awarding agency, or the designated representative of the County or the awarding agency, as the case may be, that it and each and every subcontractor named by it in its bid, if any, will at the time it submits such proof have valid and effective licenses required by the State and the County, and the political subdivisions, if any, in which the project is located, and the United States government, in order for each of them (i) to do business therein; (ii) to comply with all tax laws thereof; and (iii) to perform the labor and/or supply the material involved in the performance of the contract.

Awards, if any, will be made in conjunction with the Delaware Code, Subchapter 2, Chapter 69, Title 29, and the New Castle County Code.

Minority and Women-owned Business Enterprises (MWBE) will be afforded full opportunity to submit proposals, and will not be subject to discrimination on the basis of race, color, national origin, sex, religion, age, disability, or sexual orientation in the consideration of this award.

Mailing address:

New Castle County Purchasing Division
New Castle County Government Center
87 Read’s Way
New Castle, DE 19720


The Unified Development (UDC) Code was first adopted by New Castle County on December 31, 1997. The UDC is the primary guide to development within New Castle County. The code establishes standards, procedures, and minimum requirements, consistent with the Comprehensive Development Plan.


New Castle County is seeking a qualified consultant to study the UDC, including all amendments and provide recommended changes to improve the development code. Review shall include, but not be limited to:

• Town Planning and Traditional Neighborhood Design
• Comprehensive Planning & Strategic Planning
• Zoning Ordinance Preparation
• Subdivision & Land Development Ordinance Preparation
• Land Development, Plan Review, Evaluation, and Mediation
• Land Planning and Landscape Architecture
• Demographic Analysis and Projections
• Historic Preservation Planning

A copy of the current UDC in PDF format is available at the following link:


Proposal should be concise and focused. The introduction information should be included in the transmittal letter. To aid in the comparative evaluation of proposals, please include the following in the order in which it appears below:

1. Introduction
a. Name, address, phone, and fax number
b. Brief background history of the firm
c. Principals of firm, number of staff
d. Services offered by firm

2. Qualifications
a. Firms shall describe their background and experience in land development codes and laws governing development.
b. Include proposed project team along with brief resumes for each team member.
c. Provide a list of recent projects similar in nature to the scope of work provided in the request for proposal.
d. Describe the firm’s methodology and timeframe for completing the review and recommendations.
e. Describe the steps the firm takes to remain current with the latest land development regulations and industry trends.

3. References
a. Provide a minimum of two (2) references, preferably government, where similar work has been performed by the firm.

4. Location of Firm
a. New Castle County encourages the use of Delaware Labor. Please specify the office location(s) and percentage of the primary and sub-consultant (if applicable) that will be provided by each office.

5. Supplier Diversity
a. New Castle County encourages supplier diversity among firms. Please provide information on your firm’s effort to encourage supplier diversity in your workforce and in the selection of sub-contractors.

6. Distribution of Work
a. Please list any active project with New Castle County.
b. List any completed projects in the past (12) months.


Firms shall provide an estimated cost for the project. In addition, firms shall submit a list of hourly rates for all those proposed to work on the project.


New Castle County encourages the use of Delaware Labor. Please specify the office location(s) and percentage of the primary and sub-consultant (if applicable) that will be provided by each office.


Vendor shall indemnify, defend, and hold harmless New Castle County from and against any and all claims, demands, suits, judgments, costs and expenses asserted by a person or persons, including, but not limited to, agents, employees, or volunteers of vendor, by reason of death or injury to persons, or loss of damage to property, resulting from operations or use of services, products and/or equipment purchased hereunder, or sustained in or upon the premises of New Castle County.


The continuation of this contract is contingent upon funding appropriated by County Council.


Proposal information is subject to the Freedom of Information Act (FOIA). Firms must designate those items that are considered “trade secrets” as defined in the Delaware State Code Title 29 Chapter 100. Otherwise, all information will be provided to the requester.


A copy of New Castle County’s standard professional services agreement is attached.


Workers’ Compensation & Employer’s Liability Insurance

Vendor shall purchase and keep in force and effect workers’ compensation insurance that will provide the applicable statutory benefits for all of the vendor’s employees who may or do suffer covered injuries or diseases while involved in the performance of their work for the Vendor; and, even if permitted to do so by statute, Vendor shall not reject any workers’ compensation insurance option that, in the absence of such a rejection, would be applicable to any of the said employees. The policy providing the workers’ compensation insurance shall include: (1) broad form all-states coverage; (2) an endorsement that specifically waives any subrogation rights the insurer would otherwise have against New Castle County, its officials or employees.

Vendor shall purchase, and keep in force and effect, Employers’ Liability insurance with maximum limits for each employee of $1,000,000 for each bodily injury by accident, or occupational disease, and $1,000,000 aggregate maximum limits for all bodily injuries by accidents and occupational diseases within the coverage period, regardless of the number of employees who may sustain bodily injuries by accident or occupational disease.

Automobile and General Liability Insurance

Vendor shall purchase: (1) motor vehicle liability coverage, for owned, hired and non-owned vehicles, covering any and all claims for bodily injury and property damage that arise out of Vendor’s performance of work for New Castle County, (2) comprehensive Commercial General Liability (CGL) insurance with limits of no less than $1,000,000 each occurrence and $2,000,000 annual aggregate. The CGL policy shall be extended by endorsement or otherwise to also include (a) coverage for Contractual Liability assumed by Vendor, with defense provided in addition to and separate from policy limits for indemnities of the named insured, (b) coverage for Independent Contractor Liability providing coverage in connection with such portion of the Services being subcontracted prior to any of the Services being subcontracted, in accordance with the terms and conditions of this Agreement, (c) coverage for Broad Form Property Damage Liability, (d) coverage for Personal Injury and Advertisers Liability, (e) products and completed operations.

( X ) Professional Liability Insurance (applicable if checked)

Each vendor of professional services for whom this provision is applicable shall provide professional liability insurance with limits of at least $1,000,000 per occurrence and $3,000,000 annual aggregate.

All insurance required under this contract except workers’ compensation, employers liability, and professional liability (if applicable) shall be provided on a policy(s) that specifically names New Castle County, its officials and employees as additional insured.

Each policy shall provide an endorsement that specifically waives any subrogation rights the insurer would otherwise have against New Castle County, its officials or employees.

Each policy shall be endorsed to require the insurer to give New Castle County at least thirty (30) days’ advance written notice of the insurer’s intention to cancel, refuse to renew, or otherwise terminate the policy, suspend or terminate any coverage under the policy, or reduce any policy limits, increase any policy deductibles, or otherwise modify or alter any terms or conditions of the policy or renewal issued by the same insurer.

Each policy shall be written by a carrier licensed by the State of Delaware to do insurance business of the type involved in the State of Delaware, and which has, and maintains for the life of this contract, at least an “A” rating from the A.M. Best Agency with “Stable” outlook.

Any change in this rating or outlook must be related to New Castle County by the Vendor or insurance carrier as soon as possible upon learning of same; and the Vendor shall use due diligence with its insurance broker or carrier to keep track of same.

All insurance required under this contract except workers’ compensation, employer’s liability and professional liability shall expressly provide that such insurance shall be primary insurance; and any similar insurance in the name of Vendor shall be excess and non-contributing.

Deductibles for insurance provided under this contract shall not exceed five percent (5%) of policy limits.


Based on the criteria established pursuant to the New Castle County Code, an evaluation committee will be selected to read, screen, and rank in writing all proposals. The New Castle County Chief of Administrative Services and requesting agency shall have the right to negotiate with individual offerors after their proposals are ranked. The Chief of Administrative Services shall establish procedures and schedules for conducting negotiations. Disclosure of an offeror’s price(s) to another and any information derived from competing proposals is prohibited.

The Chief of Administrative Services shall issue a written request for best and final offer. The request shall set forth the date, time and place for the submission of best and final offer.

At any point in the negotiation process, the Chief of Administrative Services and the requesting agency may, at his or her discretion, terminate negotiations with any and all offerors.