3-27-068 IFB - REVISED 7.14.26 - POSTED.pdf

HARFORD COUNTY MARYLAND

DEPARTMENT OF PROCUREMENT

Robert G. Cassilly County Executive

Spencer Ebann Director of Procurement

HARFORD COUNTY PROCUREMENT

220 S. MAIN STREET, BEL AIR, MD 21014

www.harfordcountymd.gov 410.638.3550

INVITATION FOR BIDS

BIDS WILL NOT BE ACCEPTED AFTER

THE DUE DATE & TIME

Minority, Disadvantaged, Women, Small and Veteran Owned Business Enterprises are encouraged to respond to solicitations. The Maryland Department of Transportation website, www.mdot.maryland.gov/newMDOT/MBE/Index.html, provides important information, including certification, workshops, and other valuable resources to suppliers

BID NUMBER: 27-068

BID TITLE: Bulk Bituminous Concrete Patching Materials – Hot Mix

PROCUREMENT AGENT: Stephen Keogh 410-638-4756 srkeogh@harfordcountymd.gov

QUESTIONS DUE DATE AND TIME: July 22, 2026, no later than 1:00 PM EST Questions must be submitted via Euna Procurement.

BID DUE DATE AND TIME: July 29, 2026, 1:00 PM EST

INSURANCE REQUIREMENT: Road Resurfacing

PREQUALIFICATION REQUIREMENT: Prequalification is not required

BID DEPOSIT REQUIREMENT: Bid Deposit is not required

BONDING REQUIREMENT: Performance Bond is not required Payment Bond is not required Maintenance Bond is not required

TIMELY DELIVERY OF SOLICITATION

DOCUMENTS:

DELIVERY METHODS:

Bids must be received prior to the bid due date and time.

Accepted bids will be publicly opened at 2:00PM via the Webex link https://harfordcountygovernment.webex.com/harfordcountygovernment/j.ph p?MTID=mef3a06e36fd6f2a9f5d4597b0c76b236) on the bid board via the Harford County Procurement webpage, (please see attached Notice to Potential Bidders). Euna Procurement information is posted on the Harford County Bid Board. Bids will not be accepted after the due date and time.

Must be entered into Euna Procurement by 1:00 PM of the date due.

http://www.mdot.maryland.gov/newMDOT/MBE/Index.html https://harfordcountygovernment.webex.com/harfordcountygovernment/j.php?MTID=mef3a06e36fd6f2a9f5d4597b0c76b236 https://harfordcountygovernment.webex.com/harfordcountygovernment/j.php?MTID=mef3a06e36fd6f2a9f5d4597b0c76b236

General Instructions

Bid Affidavit

Bid Form

Sample Contract

Insurance Requirements

General Requirements

ATTACHMENTS

ATTACHMENT A - Reference Form

INVITATION FOR BIDS

BID NO. 27-068

BULK BITUMINOUS CONCRETE PATCHING MATERIALS - HOT MIX

TABLE OF CONTENTS

TOC-1

GI-1 thru GI-5

BA-1 thru BA-12

BF-1

SC-1 thru SC-7

IR-1 thru IR-7

GR-1 thru GR-5

RF-1 thru RF-2

ENTITY NAME: _____________________________

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BID AFFIDAVIT

BID NO. 27-068

BULK BITUMINOUS CONCRETE PATCHING MATERIALS – HOT MIX

TO: Department of Procurement Stephen Keogh Harford County, Maryland 220 South Main Street Bel Air, Maryland 21014

From: ______________________________________________

Basis of Award:

1. Contract award shall be made to the lowest responsive and responsible bidder for the total bid. In addition to price, consideration may be given to the following when determining the lowest responsive and responsible bidder:

what is in the best interest of Harford County, Maryland; the quality and performance of the goods and services to be supplied; conformity to specifications; delivery time; previous performance; vendor location; references; and other unique requirements outlined in the request.

2. All bidders must be prequalified in all areas specified if applicable.

3. All bidders must be registered to do business in the State of Maryland in accordance with the Annotated Code of Maryland Corporations and Associations Sec. 2-102 Formation generally, Sec. 7-202 Registration to do interstate and foreign* business, and/or Sec. 7-203 Qualification to do intrastate. For information on

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6/6/25 registering or qualifying a corporation, LLC, LLP or LP call the Maryland Department of Assessments and Taxation (SDAT) at (410) 767-1340.

Sole Proprietors and General Partnerships may call (410) 767-4991 or you may download the SDAT forms at: www.dat.state.md.us/sdatweb/sdatforms.html - entity or by calling at (410) 767-1340 or Toll Free (888) 246-5941.

*” a corporation, association, or joint-stock company organized under the laws of the United States, another state of the United States, a territory, possession, or district of the United States, or a foreign country.”

Sec. 1-101 Annotated Code of Maryland Corporations and Associations.

4. All bidders must be in good standing with Harford County, Maryland. Bidders must resolve any outstanding taxes, fees or accounts with Harford County.

5. Award shall be made to the lowest responsive and responsible bidder who meets all requirements as specified in Numbers 1-4 above at time of award.

6. Bid Checklist – Failure to meet requirements A-E below, may result in your bid being rejected as non-responsive (check the following):

A. We are in good standing with State and Local Governments. Yes__ No__ Dept. ID as recorded by Maryland Dept. of Assessments and Taxation:

B. We are pre-qualified with Harford County in all stated areas (if applicable). Yes__ No__ N/A__

Date of Certificate Expiration:

C. We are submitting the Bid Bond (if applicable). Yes__ No__ N/A__

D. We are submitting One (1) Original Bid Form. Yes__ No__

E. We acknowledge it is the bidder’s responsibility to check Bonfire for any and all addenda. We have completed the Addendum Acknowledgement table below, and we further

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understand that failure to complete this section may cause our submittal to be deemed non-responsive. Yes__ No__ N/A__

Addendum Acknowledgement

Addendum No.

Date of Addendum

Insurance Requirements:

I certify that the insurance requirements herein have been reviewed and will be complied with if awarded a contract as a result of this solicitation.

Acknowledgement/Initials: _______________

Discount of Terms of Payment may be considered in determining the award at the sole discretion of the County. Any other considerations for the award will be stated on the specifications and proposal.

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Payment Terms: The payment terms shall be considered net 30 days unless otherwise indicated below by the bidder.

Payment Terms: ____________% Net: ___________ (Example, 2% net 15 days. A 2% discount if Harford County pays in 15 days).

If a discounted payment is not applicable to your bid, please initial here to confirm that a discount does not apply.

This bidder, in compliance with the above-captioned Invitation for Bids has examined the plans, specifications and related documents, and the site of the proposed work (as applicable), is familiar with all the conditions surrounding the proposed project including materials, supplies and services to complete the project in accordance with the contract documents.

Bidder agrees to perform all work described in this Invitation for Bids, for the prices set forth on the Bid Form.

Within 10 calendar days after receiving notice of acceptance of this bid, Bidder will execute the formal contract and deliver it to the Harford County Department of Procurement, with the bonds (if applicable) as required by the General Instructions.

The Bid Deposit attached (if applicable) in the sum of five percent (5%) of the total bid amount becomes the property of the County in the event the contract and bonds are not executed and delivered within the time set forth above, as liquidated damages for the delay and additional expense to the County caused thereby.

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BID/PROPOSAL AFFIDAVIT:

A. AUTHORIZED REPRESENTATIVE

I HEREBY AFFIRM THAT:

I am the (title) and the duly authorized representative of (name of business) ___________________________________________________ and that I possess the legal authority to make this Affidavit on behalf of myself and the business for which I am acting.

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned bidder or proposer hereby certifies and agrees that the following information is correct:

In preparing its bid or proposal on this project, the bidder or proposer has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in “discrimination” as defined in the State Finance and Procurement Article of the Annotated Code of Maryland. “Discrimination” means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendors, supplier’s or commercial customer’s employees or owners. “Discrimination” also includes retaliating against any person or other entity for reporting any incident of “discrimination”. Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the bid or proposal submitted by the bidder or proposer on this project, and terminate any contract awarded based on the bid or proposal. As part of its bid or proposal, the bidder or proposer herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the state of Maryland that the bidder or proposer discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder or Proposer agrees to comply in all respects with the State’s Commercial Nondiscrimination Policy as described under the State Finance and Procurement Article of the Annotated Code of Maryland.

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C. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, or any of its employees directly involved in obtaining or performing contracts with public bodies (as is defined in the State Finance and Procurement Article of the Annotated Code of Maryland), has been convicted of, or has had probation before judgment imposed pursuant to the Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows:

(Indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business. If this does not apply/there are no exceptions, please state “None”):

D. AFFIRMATION REGARDING DEBARMENT

Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, or any of its employees directly involved in obtaining or performing contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows:

(List each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities

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with the business, the grounds of the debarment or suspension, and the details of each person's involvement in any activity that formed the grounds of the debarment or suspension. If this does not apply/there are no exceptions, please state “None”):

E. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES

(1) The above business was not established, and it does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and

(2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows: (Indicate the reasons why the affirmation cannot be given without qualification. If this does not apply/there are no exceptions, please state “None”):

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F. AFFIRMATION REGARDING COLLUSION

I FURTHER AFFIRM THAT:

Neither I, nor to the best of my knowledge, information, and belief, the agents, servants and/or employees of the above business have:

(1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying bid or proposal that is being submitted;

(2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or proposal price of the bidder or proposer or contractor or of any competitor, or otherwise taken any action in restraint of free competition in connection with the contract for which the accompanying bid or proposal is submitted.

G. FINANCIAL DISCLOSURE AFFIRMATION

I FURTHER AFFIRM THAT:

I am aware of, and the above business will comply with, the provisions of Section 14-103.1 of the Election Law Article of the Annotated Code of Maryland, which requires that every business that makes or has a single contract with a single governmental entity involving cumulative consideration of at least $200,000 shall, within 15 days after award of the contract, file with the State Board of Elections certain specified information to include disclosure of beneficial ownership of the business.

H. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION

I FURTHER AFFIRM THAT:

I am aware of, and the above business will comply with the provisions of Title 14 of the Election Law Article of the Annotated Code of Maryland, which requires that every person who enters into a single contract with the State of Maryland, BA-9 including its agencies or a political subdivision of the State, shall file with the State Board of Elections a statement complying with the requirements of §14-104(b) of the Election Law Article of the Annotated Code of Maryland.

I. CERTIFICATION OF CORPORATION REGISTRATION AND TAX PAYMENT

(1) The business named above is a (check one): ____ Maryland (domestic) corporation ____ foreign (non-Maryland) corporation registered in accordance with the Corporations and Associations Article, Annotated Code of Maryland, and that it is in good standing and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation, and that the name and address of its resident agent filed with the State Department of Assessments and Taxation is:

Name: __________________________________________________________________________________________

Address: ________________________________________________________________________________________

(If not applicable, so state).

(2) Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Employment Security Administration, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement.

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J. CONTINGENT FEES

I FURTHER AFFIRM THAT:

The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the business, to solicit or secure the Contract, and that the business 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 any other consideration contingent on the making of the Contract.

K. TROPICAL HARDWOOD AND TROPICAL HARDWOOD PRODUCTS

Acknowledging §41-19.1 of the Harford County Code, which prohibits the County from making or renewing a contract that requires the use of the tropical hardwoods and tropical hardwood products except in cases where the Director of Procurement determines (1) that there is no acceptable non-tropical hardwood equivalent; or (2) tropical hardwood is required for restoration of a structure designated as historic under federal, state or county law, and requires that any bid or proposal that does not contain this certification be rejected.

I FURTHER AFFIRM THAT:

No tropical hardwoods or tropical hardwood products (Acapu, Afrormosia, Almon, Amaranth, Amazaque, Aningeria Apitong, Blasa, Banak, Bella Rosa, Benge, Boire, Bubinga, Cativor, Chenchen, Concobolo, Cordia, Ebony, Gaboon, Iroko, Koa, Koto, Red Lauan, White Lauan, Tanguile, Limba, Louro, Africa Mahogany, American Mahogany, Makore, Movingui, African Padauk, Angola Padauk, Peroba, Purpleheart, Ramin, Rosewook, Sapele, Sonora, Teak, Tigerwood, Wenge, or Zebrawood) shall be supplied to the County or used in connection with the Contract, except as specifically approved by the Director of Procurement.

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L. COMPLIANCE WITH LAWFUL ENTITLEMENT TO WORK

I FURTHER AFFIRM THAT:

I will warrant and, if requested, shall certify in writing that neither the above business nor any subcontractor or supplier thereto shall employ an illegal alien or any individual for this project while knowing the illegal alien or individual is not authorized to work within the United States of America or otherwise fail to comply with all requirements of the federal immigration and naturalization laws, including verification and record keeping requirements.

M. ACKNOWLEDGEMENT

I ACKNOWLEDGE THAT this Affidavit is furnished to the Purchasing Agent and that nothing in this Affidavit or in any contract arising from this bid or proposal shall be construed to supersede, amend, modify or waive the exercise of any statutory right or remedy with respect to any misrepresentation made or any violation of the obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprising part of the contract.

I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF.

Date: By: _____________________________________________________________ (Authorized Representative and Affiant)

Federal Employer Identification Number (FEIN): _____________________________________________

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The undersigned acknowledges they have read the Invitation for Bids and all Addenda including those posted on Bonfire and herby submits the above Bid.

BID SUBMITTED BY:

ENTITY NAME TELEPHONE NUMBER

(Must be entity name as registered with Maryland State Department of Assessments & Taxation)

REPRESENTATIVE & TITLE FAX NUMBER

(TYPE OR PRINT)

REPRESENTATIVE & TITLE E-MAIL ADDRESS

(SIGNATURE)

ADDRESS MD. CONTRACTOR’S LICENSE NO.

DATE DATE AND PLACE OF ISSUE

Per Section 1(h) of the General Instructions, if company is unincorporated, list below the names and addresses of individuals composing the firm.

Name: _____________________________________ Address: ____________________________________

Name: _____________________________________ Address: ____________________________________

ENTITY NAME:

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BID NO. 27-068

BULK BITUMINOUS CONCRETE PATCHING MATERIALS - HOT MIX

HARFORD COUNTY HIGHWAYS

ITEM DESCRIPTION

ESTIMATED

QUANTITY

F.O.B. PLANT

PRICE PER TON TOTAL PRICE PLANT LOCATION

1 Hot Mix 4.75mm 300 tons $ $

2 Hot Mix 9.50mm 9,425 tons $ $

3 Hot Mix 12.50mm 800 tons $ $

4 Hot Mix 19.00mm 125 tons $ $

5 Porous Asphalt 200 tons $

TOTAL BID FOR HARFORD COUNTY HIGHWAYS $

TOWN OF BEL AIR

6 Hot Mix 4.75mm 0* $ $

7 Hot Mix 9.50mm 425 $ $ 8 Hot Mix 12.50mm 0* $ $

9 Hot Mix 19.00mm 25 $ $

10 Porous Asphalt 0* $

TOTAL BID FOR TOWN OF BEL AIR $

*Although quantities are estimated at zero, please provide pricing should the need arise to order said product.

SAMPLE

TOTAL BID FOR HARFORD COUNTY HIGHWAY ITEMS 1-5

TOTAL BID FOR TOWN OF BEL AIR ITEMS 6-10

Revised 12/23/2025

HARFORD COUNTY PRICE AGREEMENT

INSERT TITLE

AGREEMENT NO. INSERT NUMBER

THIS AGREEMENT made and entered into this day of 2026, by and between HARFORD COUNTY, MARYLAND, a body corporate and politic of the State of Maryland, hereinafter referred to as “County” and INSERT COMPANY AND ADDRESS, hereinafter referred to as “Contractor”.

WITNESSETH:

SECTION I: SCOPE

That, in and for the consideration hereinafter stated, the Contractor hereby agrees to provide INSERT on an as-required basis during the term of this Agreement in accordance with the provisions of INSERT BID NO. AND ADDENDA and the Contractor’s BID/PRICE dated INSERT DATE (attached as Exhibit 1) (“BID/RFP”), all of which are incorporated herein as if set forth in full.

SECTION II: TERM

The term of this Agreement (“Term”) shall be for one (1) year from date of execution of this Agreement, with the County having the exclusive option of extending the Agreement for four (4) additional one (1) year periods under the same terms, conditions, and prices.

The option to extend shall be exercised in writing no fewer than thirty (30) days prior to the expiration of the current Term.

SECTION III: TYPE OF AGREEMENT

A. This is a Price Agreement under which the County may during the term of the Agreement, obtain its normal requirements for INSERT from the Contractor and the Contractor shall provide INSERT which the County requires in its operation.

B. Should an emergency arise for INSERT which the Contractor cannot supply, the County reserves the right to contract said services from other sources to meet these emergency needs without prejudice to the Agreement.

SECTION IV: QUANTITIES

Actual requirements are unknown at this time and may be more or less than the quantities estimated in the Request for Proposal/INVITATION FOR BIDS, if such estimates are provided. Any quantities ordered by the County during the Term shall be billed at the unit prices set forth in the Agreement. The County also reserves the right not to order any quantities if it is found that such services/goods are not required during the Term.

SAMPLE

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Quantities stated in the Request for Proposal/Invitation for Bids are estimates and are not guaranteed amounts.

SECTION V: AGREEMENT SUM

The amount to be paid for the performance of all services required under this Agreement shall not exceed the total agreement sum of INSERT ALPHA SUM ($INSERT

NUMERIC SUM).

SECTION VI: FUNDING OUT

Contractor understands that any Contract that results from this bid, is subject to the availability of funds in future fiscal years and that the unavailability of funds appropriated in a future fiscal year for this procurement shall automatically terminate this Contract and render it void without liability to the County, except Contractor will be paid for work performed up to the date of termination. The County shall notify the Contractor in writing of such event of termination.

SECTION VII: PAYMENTS

The County agrees to pay the Contractor, as consideration for the full and faithful performance of this Agreement, at unit prices set forth in the RFP/Bid for goods or services ordered and received by the County. The Contractor shall invoice the County monthly for quantities provided. Payment to the Contractor shall be within thirty (30) days after receipt and acceptance of invoices covering goods or services provided during the month.

SECTION VIII: WARRANTIES

A. Title of goods conveyed to the County shall be good and its transfer rightful.

B. The goods shall be delivered free from any security interest or other lien or encumbrance.

C. All warranties provided by the Uniform Commercial Code, as amended, are a part of this Agreement.

SECTION IX: NON-COLLUSION

The Contractor, his agents, servants and/or employees, to the best of their knowledge and belief, have not in any way colluded with anyone for or on behalf of the Contractor or themselves, to obtain information that would give the Contractor an unfair advantage over other suppliers, nor have they colluded with anyone for or on behalf of the Contractor, or themselves, to gain any favoritism in the award of this Agreement.

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SECTION X: NON-DISCRIMINATION

The Contractor agrees: (a) not to discriminate in any manner against an employee or applicant for employment because of race, color, religion, creed, age, sex, marital status, national origin, ancestry, or physical or mental handicap unrelated in nature and extent so as reasonably to preclude the performance of such employment; (b) to include a provision similar to that contained in subsection (a), above, in any subcontract except a subcontract for standard commercial supplies or raw materials; and (c) to post and to cause subcontractors to post in conspicuous places available to employees and applicants for employment, notices setting forth the substance of this clause.

SECTION XI: TERMINATIONS

A. Termination for Convenience:

The performance of work under this Agreement may be terminated by the County in accordance with this clause in whole, or from time to time in part, whenever the County shall determine that such termination is in the best interest of the County. The County will pay all reasonable costs associated with this Agreement that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Agreement. However, the Contractor shall not be reimbursed for any profits that have not been earned up to the date of termination.

B. Termination for Cause:

If the Contractor is adjudged as bankrupt, or if it makes a general assignment for the benefit of the creditors, or if a receiver is appointed on account of its insolvency, or if it persistently refuses or fails to perform the work indicated in this Agreement or persistently disregards laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of this Agreement, then the County Director of Procurement or his/her designee, after certifying that sufficient cause exists to justify such action, may without prejudice to any right or remedy and after giving the Contractor and its surety, if any, seven (7) calendar days’ written notice, terminate the Agreement of the Contractor. All monies due the Contractor or becoming due hereunder at the time of termination for cause shall be forfeited.

SECTION XII: WRITTEN NOTICES

Any notices and correspondence hereunder shall be in writing and shall be deemed sufficiently given, if (A) hand delivered, (B) sent via first class U.S. mail, certified mail, or overnight courier service, (C) sent via electronic mail or (D) sent via facsimile:

Revised 12/23/2025 4

Any notice required by this Agreement is to be sent to the Contractor at:

INSERT ADDRESS, CONTACT AND EMAIL ADDRESS

Any notice required by this Agreement is to be sent to the County at:

Harford County, Maryland Department of Procurement 220 South Main Street Bel Air, Maryland 21014 Attn:

Director, Department of Procurement

INSERT AGENT’S EMAIL ADDRESS

All invoices are to be sent to the user department at the following address:

INSERT USER DEPARTMENT INFORMATION

INCLUDE ADDRESS, CONTACT AND CONTACT’S EMAIL ADDRESS

SECTION XIII: CHANGES

No modification shall be made to this Agreement without the express authorization of the Harford County Director of Procurement and, where necessary, the County Board of Estimates as appropriate. No modification shall be effective unless made in writing and signed by the parties of this Agreement.

SECTION XIV: LAWS

The Contractor hereby warrants that it is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified; and it is not in arrears with respect to the payment of monies due and owing the State of Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Agreement; and it further agrees to comply with all federal, state and local laws, regulations and ordinances applicable to its activities and obligations under this Agreement.

This Contract shall be governed by the laws of the State of Maryland and Harford

County, Maryland, and where applicable, any federal law or regulation.

Revised 12/23/2025 5

SECTION XV: SUPREMACY CLAUSE

In the event of a conflict between the terms and conditions, as amended, of this Contract and the design documents and any document referenced therein or any document submitted by the Contractor, the parties agree that this Contract shall control interpretation of any inconsistency. However, the documents shall, to the greatest extent possible, be construed to be consistent. No terms contained in a proposal or purchase order submitted by Contractor relating to payment, termination or modification of this Contract, indemnification, claims, damages, disputes or governing law shall be effective unless agreed to by the parties in a change order executed pursuant to Section XIII.

SECTION XVI: INDEMNIFICATION

The Contractor shall indemnify, defend, and save harmless the County, its directors, officers, agents, servants and employees, from any and all suits, actions, damages or costs, of every nature and description to which the County may be subjected or put by reason of injury to persons or property as a result of the work performed hereunder by the Contractor, if caused by an intentional act of the Contractor, his servants or his agents, or by the negligence or carelessness of the Contractor, his servants or his agents.

SECTION XVII: eMARYLAND MARKETPLACE ADVANTAGE REGISTRATION

Contractors are required to register on eMaryland Marketplace Advantage at https://procurement.maryland.gov within five days following notice of award. Maryland law requires local and state agencies to post award notices on eMaryland Marketplace Advantage. This cannot be done without the contractor’s self-registration in the system.

Registration is free. Failure to comply with this requirement may be considered grounds for default. It is recommended that any interested bidder register with eMaryland Marketplace Advantage regardless of the award outcome for this procurement as it is a valuable resource for bid notification for municipalities throughout Maryland.

SECTION XVIII: EXECUTION IN COUNTERPARTS

This Agreement may be executed in one or more counterparts, each of which will be considered an original instrument, but all of which together will be considered one and the same agreement and will become binding when one or more counterparts have been signed by each of the Parties hereto and delivered to the other(s). Counterparts shall be deemed valid if delivered electronically.

SECTION XIX: AUTHORITY TO EXECUTE

The person executing this Agreement on behalf of Contractor represents, warrants and affirms, under penalty of perjury, that he/she has the authority to bind Contractor to this Agreement.

https://nam12.safelinks.protection.outlook.com/?url=https%3A%2F%2Fprocurement.maryland.gov%2F&data=05%7C01%7Ckmdanna%40harfordcountymd.gov%7C4064231a17864ea6f24908db0f6485e3%7C4235188d82284164a04d76ccc8339f8f%7C0%7C0%7C638120696636770116%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&sdata=faO6et4hNlWqCnRLo8I%2BTBBq9bhwNzfUDBhybPcsPhE%3D&reserved=0

Revised 12/23/2025 6

SECTION XX: SURVIVAL OF TERMS

Any terms of the Agreement relating to payment, indemnification and warranty shall survive the termination or expiration thereof.

SECTION XXI: TARIFFS

Should any items increase in price due to the imposition of a tariff, after the renewal date of this Agreement the Contractor may submit in writing to the County, a request for tariff adjustment that includes the item(s), the agreement cost of the items(s), and the amount of the increase due to the tariff. The Contractor shall also provide documentation showing the increase in price paid by the Contractor due to the tariff. The County shall deny the request if the documentation does not show a direct relationship between the requested increase and a tariff. Where the requested increase is, in the sole opinion of the County, significant, the County reserves the right to procure the item(s) from an alternative source offering a price at least ten percent (10%) below the requested price, if the tariff on an item returns to its pre-request level, the unit price in place prior to the tariff request shall be reinstated.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement, the day and year first above written.

WITNESS/ATTEST: INSERT CONTRACTOR NAME

BY:

Signature

Print Name and Title

HARFORD COUNTY, MARYLAND

BY:

Director, Department of Procurement

Revised 12/23/2025 7

Approved for form and legal sufficiency. Approved for financial sufficiency.

Deputy County Attorney Treasurer

Reviewed and Concur.

Director, Department of Public Works

Approved by the Board of Estimates on the day of 2026.

This Agreement was fully executed on the day of 2026. SAMPLE

Basic Insurance Requirements Page 1 of 5

Revised 10/26/2022

Insurance Requirements

Harford County, Maryland

Basic Insurance Requirements

The coverage required below will not be limited by any other provisions in the contract documents or elsewhere.

Contractor must comply and cause all sub-contractors of any level to comply, with the following minimum insurance requirements.

Minimum limits required:

Commercial General Liability:

Each Occurrence $1,000,000 Personal & Advertising Injury $1,000,000 General Aggregate Limit $2,000,000

Products/Completed Operations Aggregate Limit $2,000,000

Damage to Premises Rented to You $500,000 Medical Expense Limit $10,000

ISO form CG 00 01 or equivalent

Aggregate limit to apply per project/per location

Coverage must be on Occurrence form, covering liability for all ongoing ad completed operations of the Contractor, including ongoing and completed operations under all Subcontracts. "Claims Made" is not acceptable.

Additional Insured Entities: Harford County, Maryland and its elected or appointed officials, related entities and employees must be named as

Additional Insured

Additional Insured Endorsement Form Required:

CG 20 10 Additional Insured-Owners, Lessees or Contractors (Premises/Operations)

AND

CG 20 37 Additional Insured-Owners, Lessees or

Contractors (Products / Completed Operations) No other forms are acceptable unless equivalent to CG 20 10 and CG 20 37. Both endorsements are required and edition date of 11-85; where available.

If not available, then edition dates of 10-01 are acceptable.

Coverage may not exclude or limit coverage for:

a) If applicable, coverage for work performed on single or multi-family housing (residential construction);

b) Cross liability exclusions except Named Insured vs.

Named Insured;

c) Exclusions for the Contractor’s scope of work;

d) Explosion, Collapse and Underground;

e) Contractual Liability (beyond standard ISO GL form);

f) The Employers’ Liability exclusion may not exclude coverage for an employee of “any” insured, only employees of a “Named” Insured.

IR-1

Updated Insurance Requirements 7/14/26

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Commercial Auto Liability: ISO form CA 00 01 or equivalent

$1,000,000 Each Accident (bodily injury, death or property damage)

Includes owned, hired, borrowed and non-owned vehicles and equipment used by the Contractor. This insurance shall also be endorsed to include coverage for claims under the Motor Carrier Act of 1980 (e.g., MCS-90 endorsement) resulting from the transportation of materials identified as hazardous during the performance of the work or services and ISO form CA 99 48 Pollution

Liability for spills, upsets and overturns while in transport, where applicable.

Additional Insured Entities: Harford County, Maryland and its elected or appointed officials, related entities and employees must be named as Additional Insured

Workers Compensation: Statutory Benefits as required by law

Employers Liability Limits:

Bodily Injury by Accident - Each Accident $100,000 Bodily Injury by Disease - Policy Limit $500,000 Bodily Injury by Disease - Each Employee $100,000

The policy (ies) shall include “other states” coverage.

Coverage shall be provided by the Contractor whether or not such party utilizes some or all of its own employees, leased employees, temporary employees or other labor services, and shall include voluntary compensation coverage and, where the Contractor has leased employees, alternate employer endorsement, and occupational disease coverage shall be included for the injuries or claims thereunder of such employees.

Waiver of Subrogation endorsement in favor of Harford County, Maryland and its elected or appointed officials, related entities and employees.

Commercial Umbrella: Coverage to be as broad as primary including Additional Insured as required hereunder

Each Occurrence and in the Aggregate $1,000,000 Each Occurrence

$1,000,000 Aggregate

Providing Coverage following the form of the underlying Employers’ Liability, Commercial General Liability, and Commercial Automobile Liability Policies.

Additional Insured Entities: Harford County, Maryland and its elected or appointed officials, related entities and employees must be named as Additional Insured

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Basic Insurance Requirements Page 3 of 5

Third Party Crime (Client Coverage): $250,000 per occurrence

Policy to cover dishonest acts of Contractor’s employees, which result in a loss to the County.

Contractor's Property Insurance Under no circumstances will Harford County, Maryland be liable for any loss or damage to any property.

Property Insurance must include: All owned and rented equipment and tools, including employee tools, used for the work

Perils: Special Form perils including Theft

Deductible no higher than $1,000

Valuation: Replacement Cost

Contractor waives any claims and rights of recovery against Harford County, Maryland and it’s elected or appointed officials, related entities and employees.

ADDITIONAL REQUIREMENTS

1. All policies must be written with insurers maintaining an A.M. Best Rating of A-IX or better and admitted to do business in the State where the contract is to be performed.

2. Where applicable, all requirements in the Prime contract are required to be met in addition to these requirements. Where conflicts exist, the greater requirement shall apply.

3. General Liability coverage for Premises & Operations and Products & Completed Operations is to be maintained throughout the project and maintenance phases. Evidence of such insurance must be provided at inception of the contract, and annually thereafter during the project and maintenance phases.

4. The additional insured coverage shall apply to both ongoing and completed operations.

5. All coverage required in this contract, with the exception of Worker’s Compensation, must be primary and non-contributory to any insurance maintained by Harford County, Maryland. “Primary and non-contributory” in this clause means that Contractor’s policies must provide coverage before any other applicable policy of insurance, deductible or self-insured retention program maintained by Harford County, Maryland without seeking contribution from other insurance carried by Harford County, Maryland and its elected or appointed officials, related entities and employees.

6. No deductible or self-insured retention shall apply to any insurance required hereunder without the express written consent of Harford County, Maryland. Should Harford County, Maryland agree to a deductible or self-insured retention, Contractor agrees to be responsible for defense, including all claims and investigation expenses and any loss payments to the extent coverage would have been provided by the insurer had no deductible or self-insured retention applied to such insurance. Harford County, Maryland may provide express written consent for a deductible or self-insured retention at the County’s discretion, if requested by the Contractor prior to any project work beginning.

7. Each policy must be endorsed to require at least 30 days’ notice of cancellation (10 days for non-payment of premium) to Harford County, Maryland. If, after reasonable effort, Contractor is unable to secure such endorsement, Contractor must provide Harford County, Maryland written notice of any cancellation within 3 working days of any written or oral notice of such cancellation.

8. Contractor waives all rights against Harford County, Maryland to the extent of any insurance carried or required to be carried under this agreement. Policies of insurance must be endorsed, as needed, to provide such waivers. Such waivers will be effective as to a person or entity even though that person or entity would otherwise have a duty of indemnification, contractual or otherwise, did not pay the insurance premium directly or indirectly, and whether or not the person or entity had an insurable

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Basic Insurance Requirements Page 4 of 5 interest in the property damaged. Such waiver shall also apply to the extent that any deductible or self-insured retention applies to any such policy and to the extent that the insured party is underinsured.

9. These requirements apply to all work done at any time in connection with or related to this project including any warranty, rework or additional work performed following the completion of this contract, except that the products and completed operations coverage under the Commercial General Liability and coverage under the Professional Liability insurance shall be maintained (or if applicable, an Extended Reporting Period shall be obtained) throughout the statute of repose, following final completion of the work.

10. Neither failure to monitor compliance with these requirements nor failure to identify a deficiency from evidence provided will be considered a waiver of such requirements.

11. Failure to obtain and to keep in force any of the required insurance coverage shall be deemed sufficient cause for termination of this contract for default.

12. Contractor's or Subcontractors’ liability shall not be limited to the limits of any required insurance.

13. Harford County, Maryland shall not be liable for payment of any premiums under any required policies of insurance.

14. Harford County, Maryland reserves the right to require complete copies of all required insurance policies at any time. If requested, copies must be furnished within 10 working days from the date of the request.

15. All subcontractors will be required to comply with the above requirements and insurance coverage as well. It is the Contractor responsibility to obtain certificates from Subcontractors as evidence of compliance, and all shall include Harford County, Maryland and its elected or appointed officials, related entities and employees as an Additional Insured. However, limits required may be lower at the discretion of Harford County, Maryland or the Contractor.

16. The contractor shall comply with and qualify under current Workers’ Compensation laws and at all times cause every Subcontractor who shall be engaged in the work, to comply with and qualify under such laws.

17. The Contractor shall save the County harmless against loss or damage arising from the Contractor’s failure to comply with and qualify under such laws.

18. The Contractor agrees that if, by any reason of its failure, or failure of any such Subcontractor to comply with and qualify under said laws, the County shall be required at any time to pay any sum because any employee of Contractor or Subcontractor is or shall be considered as the employee of the County as provided in such Workers’ Compensation laws, the Contractor shall repay to the County such sums paid by the County.

19. Evidence satisfactory to the County that the Contractor and each of its Subcontractors have qualified under the Workers’ Compensation laws shall be submitted prior to the commencement of the work contemplated.

20. Policies for Commercial General Liability insurance must be written to protect the Contractor against claims arising from operations of Subcontractors.

21. In all cases, Certificates of Insurance shall be forwarded to the County. The County shall be listed for notification in event of cancellation. Certificates must be submitted along with the signed Contract.

22. In the event the Contractor enters into subcontract for the work to be performed, it shall be the obligation of Contractor to require the Subcontractor maintain all insurances specified in the Contract, in like form and amount, and to include Harford County, Maryland and its elected or appointed officials, related entities and employees to be named additional insured under Subcontractor’s liability policies.

All policies of Subcontractor shall be primary and non-contributory, with the exception of the Workers’ Compensation, to any coverage or self-insurance program available to the County and shall include waiver of each insurer’s rights of subrogation in favor of the County.

23. Contractors or Subcontractors may at their own cost and expense obtain additional insurance to that which is required by the County under this Contract.

24. To the fullest extent permitted by law, the Contractor agrees to indemnify and save harmless Harford County, Maryland, from any and all losses, liabilities, damages, costs and expenses (including cost of defense, settlement, and reasonable attorney’s fees), which the County may hereafter incur or be responsible for or pay for (to the extent that the same arises out of or are in connection with providing goods or services) as a result of bodily injuries (including death) to any one person or damage

(including loss of use) to any property caused by the negligence or wrongful acts of the Contractor (or any of his employees) or any person, firm or corporation (or any employees thereof) directly or indirectly employed or engaged by the Contractor.

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Basic Insurance Requirements Page 5 of 5

25. Contractor or subcontractor shall give prompt notice to Harford County, Maryland in the event of any accident or occurrence on the premises or related in any way to this contract

26. Limits required may be purchased in any combination of primary and excess to achieve the required total limits.

DOCUMENTATION TO BE SUBMITTED PRIOR TO THE START OF THE WORK AND AT EACH INSURANCE

RENEWAL OR REPLACEMENT UNTIL INSURANCE IS NO LONGER REQUIRED

a. Certificates of Insurance, Certificate Holder must read:

Harford County, Maryland

220 South Main Street

Bel Air, MD 21014

b. Contract Number shall be referenced in the Description of Operations

c. Copy of Additional Insured endorsement(s)

d. Copy of Waiver of Subrogation endorsement on Workers Compensation policy

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GR-1

BID NO. 27-068

BULK BITUMINOUS CONCRETE PATCHING MATERIALS - HOT MIX

GENERAL REQUIREMENTS

REQUIREMENTS:

Supply bituminous concrete material (hot mix), F.O.B. plant, loaded on Harford County or Town of Bel Air trucks as required by Harford County in the approximate quantities indicated below:

Porous Asphalt 200 tons

QUANTITIES:

The quantities shown are estimates only. Quantities ordered during the term of the contract may be more or less than quantities set forth above, depending upon the actual requirements of the County.

CONTRACT:

A. This is a requirements contract under which Harford County may, during the term of the contract, purchase its normal requirements of bituminous concrete material set forth in the Bid Form from the Vendor. The Vendor shall supply the quantities of said bituminous concrete material that Harford County requires for its operations.

B. Should an emergency arise for said bituminous concrete material which cannot be supplied by the Vendor, the County reserves the right to purchase the required material from other sources to meet emergency needs without prejudice to the contract

C. Separate contract agreements will be processed for Harford County Government and the Town of Bel Air following the award of this Invitation for Bids.

SPECIFICATIONS:

A. All materials to be furnished under the terms of this contract shall meet the requirements as set forth in the "Maryland Department of Transportation, State Highway Administration, Standard Specifications for Construction and Materials", current edition as amended to date.

B. These specifications are intended to cover a plant-mixed bituminous mixture for patching and/or resurfacing roads. The County Representative shall be the judge of which days permit the use of hot-mix-hot-laid material.

Hot Mix 4.75 mm 300 tons Hot Mix 9.50 mm 9,425 tons Hot Mix 12.50 mm 800 tons Hot Mix 19.00 mm 125 tons

GR-2

C. Asphalt cement shall conform to Performance Graded Binder Specification AASHTO M320. The Performance Graded binder shall be preapproved by the Harford County Representative. The Vendor shall submit a certificate of analysis demonstrating conformance with the Performance-Graded Binder Specification, AASHTO M320. Specifically, 4.75mm, 9.5mm, 12.5mm, 19.0mm, or Porous Asphalt Pavement bituminous materials will be required as needed. Type 64-22 and 76-22 binders are required for the bituminous concrete mixes.

Compaction requirement is Level 1.

D. Before the manufacture of the material, the Vendor shall state the source of materials and submit a job-mix formula to the County Representative, indicating the weights of the respective materials to be used. Submission of this information shall be made with the bid documents.

E. The Vendor shall produce a bituminous concrete material of uniform consistency that conforms to the minimum requirements of these specifications. No extra compensation will be paid to the Vendor for additional materials or work required.

SOURCE OF SUPPLY AND QUANTITY OF MATERIALS:

A. The bidder shall submit, along with this bid, a complete statement of the origin, composition, and manufacture of any or all materials to be supplied. Samples may be required and are subject to examinations and tests by the Harford County Representative to determine quality. Failure to do so may result in rejection of the bid.

B. The County…