INVITATION FOR BID

B-27-018-59001

CECIL COUNTY COURTHOUSE ELEVATOR RENOVATION

Cecil County

200 Chesapeake Blvd

Elkton, MD 21921

RELEASE DATE: August 26, 2026

DEADLINE FOR QUESTIONS: September 18, 2026

RESPONSE DEADLINE: October 1, 2026, 12:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/cecil https://secure.procurenow.com/portal/%7bproject.government.code%7d

Cecil County

INVITATION FOR BID

Cecil County Courthouse Elevator Renovation

I. Dear Bidder/Proposer, II. Abbreviations and Definitions

III. General Information IV. Insurance Provisions V. Specifications/Scope

VI. Bid Submission VII. Bid Sheet

Attachments:

A - Contract Agreement-sample - A

B - CecilCoCourthouseElevRenov_Drawings_2026_07_10

C - CecilCoCourthouseElevRenov_SPECs_100% CD_2026_08_17

D - State of Maryland - Sales and Use Tax Admissions and Amusement Tax Laws and Regulations Issued

E - County Holidays

F - BID OPENING SCHEDULE CALENDAR YEAR 2026

G - Authorization Access Records

Invitation For Bid #B-27-018-59001 Title: Cecil County Courthouse Elevator Renovation

1. Dear Bidder/Proposer, Thank you for your interest in doing business with Cecil County, Maryland.

We look forward to a very successful procurement process.

Please take notice of the response submittal requirements outlined in this solicitation. Read and follow the instructions very carefully, as any misinterpretations or failure to comply with instruction could lead to your submittal being rejected as nonresponsive. Any change(s) to this solicitation will be conveyed though the written addenda process. Notifications of addenda are sent electronically to Suppliers registered as receiving this solicitation by purchase or download. In addition, all addenda are posted on the County's OpenGov eProcurement Platform https://procurement.opengov.com/portal/cecil. Please read carefully and follow all instructions provided on the addendum, as well as the instruction provided in the original solicitation. It is the responsibility of all potential Contractors to monitor the Procurement

Division's website for any changing information prior to submitting their reply.

It is the intent of the Procurement Division to provide quality services. Should you have any questions, please visit our website or feel free to contact the Procurement Officer identified in this solicitation. Again, thank you for your continued interest in doing business with Cecil County Government.

Sincerely, Connie S Kamit

Procurement Manager

Procurement Division https://procurement.opengov.com/portal/cecil

2. Abbreviations and Definitions

For purposes of this solicitation, the following abbreviations or terms have the meanings indicated below:

A. Bid – A statement of price offered by a Bidder in response to the solicitation.

B. Bidder – An entity that submits a Bid in response to this solicitation.

C. Bid Price - The Bidder’s price for services and/or goods in response to this solicitation, which shall be included on the Price Bid Sheet and will be used in determining the recommended awardee.

D. Business Day(s) – The official working days of the week include Monday through Friday. Official working days exclude County Holidays and days the County is closed due to weather or other emergency event. Normal County business hours are 7:30 a.m. – 4:00 p.m. The Contractor will not be permitted to do any work that requires the presence of the County’s inspection or supervisory forces on days which are County Holidays or on Saturdays or Sundays, unless such work has been previously authorized by the County Representative.

E. Contract Commencement - The date the Contract is signed by the authorized Contractor and the

County representative, or such other date as set forth in the Contract.

F. Contractor – The selected Bidder that is awarded a Contract by the County.

G. County – Cecil County Maryland, a body corporate and politic.

H. eMMA – eMaryland Marketplace Advantage (eMMA) is the electronic commence system managed by the State of Maryland.

I. Local Time – Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such.

J. Notice of Intent to Award– A written notice from the Procurement Officer that the County intends to award a contract to the recipient of the notice, subject to the receipt of requested items stated in this solicitation documents.

K. Payment terms - The County pays at a rate of net 30 upon receipt of an approved invoice. All terms shall be F.O.B. Destination/Net 30.

L. Pre-Bid Conference (Conference) – A meeting to discuss objectives and answer questions related to this solicitation in order to enhance prospective Bidders’ understanding of the County’s requirements and to facilitate better preparation of their Bids.

M. Procurement Officer – Prior to the award of any Contract, the sole point of contact in the County for purposes of this solicitation.

N. Proposal - Offer made outlining the terms for a potential agreement, not strictly price based.

O. Purchasing Agent – Authorized representative of the Procurement Office.

P. Responsible Bidder - Bidder or offeror who has the capability in all respects to perform fully the contract requirements, and the experience, integrity, perseverance, reliability, capacity, facilities, equipment, and credit which will assure good faith performance.

Q. Redacted - to obscure or remove (text) from a document prior to publication or release. To censor or obscure for legal, security, or proprietary purposes.

R. Responsive Bidder - Is a vendor who has submitted a bid, which conforms in all material respects to the requirements stated in the IFB.

S. Term Contract – The executed agreement awarded to the successful Bidder pursuant to this solicitation. The agreement will be in the form of a Term Contract that the Contractor will receive upon approval.

3. General Information

3.1. Notice of Communication

All communications by a vendor to the county, its officials, and department heads regarding this procurement shall be done through the Cecil County Procurement Office.

No vendor, its’ representative, agent, or employee shall engage in private communication with a member of the Cecil County Council, Government, or county department heads regarding any procurement of goods or services by the County from the date that this procurement packet is released. No private communication regarding the purchase shall be permitted until the procurement process is complete and a purchase order is granted, or a contract is entered into. “Private Communication” means communication with any vendor outside of a posted meeting of the governing body, a regular meeting of a standing or appointed committee, or negotiation with a vendor which has been specifically authorized by the governing body.

THE RESPONDENT IS RESPONSIBLE FOR READING AND UNDERSTANDING ALL DOCUMENTS, FORMS, SPECIFICATIONS, AND INSTRUCTIONS WITHIN THIS ENTIRE DOCUMENT. Follow all instructions; you are responsible for obtaining any information needed in order to respond to this solicitation. Further, the Respondent is responsible for providing any and all relevant information necessary to submit a response. Failure to do so will be at the Respondent’s risk and may result in rejection of the response as non-conforming.

General Requirements apply to all advertised solicitations; however, these may be superseded, whole or in part, by OTHER DATA CONTAINED HEREIN. Review the Table of Contents. Be sure your proposal package is complete.

3.2. Legal Notice

These General Provisions are considered standard language for an Offeror (hereinafter referred to as

"Bidder", "Offeror”, “Vendor”, “Respondent”, or “Contractor”) submitting a response for a Request for

Bids, Proposals, Qualifications or other solicitation (hereinafter referred to as “Procurement Packet”) made by the County of Cecil (hereinafter referred to as “Cecil County” and “County” or any other governing body/agency for which the Cecil County Procurement Division has been authorized to perform procurement services. The Cecil County Procurement (Purchasing) Division webpage may be found at https://www.ccgov.org/government/purchasing.

It is the Offeror’s sole responsibility to be in compliance of all federal, state, and local laws, requirements, rules, codes, ordinances, and regulations applicable to their proposed goods and/or services. In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall procurement packet, Cecil County's interpretation shall govern. Referenced appendices may be subject to change.

https://www.ccgov.org/government/purchasing

3.3. General Instructions for Solicitations

The Cecil County Maryland's Finance Department and Procurement Division is issuing this Invitation for

Bid (IFB) to establish a term contract with a Contractor(s) to perform Cecil County Courthouse Elevator

Renovation.

The County reserves the right to award to multiple vendors at its own discretion and what is considered the County's best value by the Procurement Manager which will be considered final.

A. Instructions, Forms, and Specifications:

1. All bids/proposals are to be submitted on and in accordance with the forms provided by the

Procurement Division. All bids must be submitted electronically as specified within the

County's OpenGov eProcurement platform.

2. All bid/proposal times are either Eastern Standard Time or Eastern Daylight Time, whichever prevails. Late bids/proposals will not be considered.

3. Responses to Invitation for Bid (IFB) and Request for Proposal (RFP) shall be required to acknowledge the Procurement Affidavit, as provided by the Procurement Division. This does not apply to Request for Quotation (RFQ).

4. Amendments to solicitations often occur prior to bid opening and sometimes within hours prior to bid opening. All bidders are responsible for frequently visiting the Procurement web site to obtain amendments once they have downloaded a solicitation.

5. Additional information or clarification of any of the instructions or information contained herein may be obtained from the Procurement Division. The County assumes no responsibility for oral instructions or suggestions. All official correspondence in regard to this solicitation must be directed to, and will be issued by the Procurement Division.

6. Bidders finding any discrepancy in or omission from the specifications, in doubt as to meaning, or asserting that the specifications are discriminatory, shall notify the

Procurement Division in writing at once, but in no case later than five (5) business days prior to the scheduled opening of bids. Exceptions stated do not obligate the County to change the specifications. The Procurement Division will notify all bidders in writing, by amendment duly issued, of any substantive revisions to specifications or instructions.

7. Unless a written exception detailing non-conformance to specifications is noted on the bid, any part number, product number, catalog number, etc., noted on the bid will be considered in full compliance with the specifications.

8. Submission of a bid in response to this solicitation evidences the bidder's acceptance of these General Instructions and the terms and conditions of the solicitation. Submission of a bid evidences bidder's representation and warranty that the person submitting the bid response is authorized to act for and bind the contractor.

9. All original and duplicate bids/proposals and other attachments, related documents and correspondence, including all follow-up documents and correspondence, shall be typed or written in English. All prices/percentages and/or other monetary figures shall be in United

States dollars.

10. It shall be the bidder's responsibility to verify that the electronic version is complete.

11. Issuing Officer: The sole point of contact for the County for purposes of this solicitation is the Buyer, listed on the cover page; questions regarding any aspect of the competitive process must be directed to the Issuing Officer in writing.

B. Award of Solicitations:

1. Any award pursuant to Requests for Quotations and Invitation for Bid may be made to the lowest responsive and responsible bidder as outlined within the County Procurement

Manual, 2026, as amended.

2. Awards on Requests for Quotations will be made within sixty (60) days after receipt of quote, unless otherwise indicated within solicitation. Invitation for Bid shall be made within one hundred eighty (180) days after bid opening unless otherwise indicated within solicitation. No bidder will be allowed to withdraw a bid during that period.

3. The successful bidder may be required to give security or bond, as stated in the bid document, for payment and/or performance of the contract.

4. When there is a conflict between the unit price or percentage and the extension, the unit price or percentage will prevail as the amount of the bid.

5. The County will not pay interest charges or other penalties for invoice payments.

6. Prices quoted shall be exclusive of all non-applicable Federal and Maryland State taxes. Tax exemption certificate will be furnished if required.

7. The County reserves the right to consider making payments via electronic funds transfers

(EFT) on contracts for which this payment vehicle may be appropriate.

C. Reservations:

1. The County reserves the right to reject, in whole or in part, any and all bids received, and to make a whole award, multiple awards, a partial award, or no award, to best service the public interest.

2. The County may waive formalities in bids as the interests of the County may require.

3. The County reserves the right to increase or decrease quantities by approximately twenty

(20) percent to be purchased at the prices bid.

4. The County reserves the right to award solicitations or place orders on a lump sum or individual item basis, or in such combination as to best serve the public interest.

5. The County may waive minor differences, irregularities, and technicalities in the specifications, provided they neither violate the specifications intent, materially affect the operation for which the items or services are being purchased, nor increased estimated maintenance and repair costs to the County.

6. At any time during normal business hours and as often as the County may deem necessary, the Contractor shall make available to and permit inspection and photocopying, by the

County, its employees or agents, of all records, information and documentation of the

Contractor related to the subject matter of this contract, including, but not limited to, all contracts, invoices, payroll, and financial audits.

7. Notwithstanding any other terms or provisions of the contract, in the event the County is temporarily or permanently prevented, restricted or delayed in the performance of any or all of the duties and obligations imposed upon or assumed by it thereunder, by act of the

General Assembly of Maryland or the Cecil County Council, by a court of competent jurisdiction or by administrative delay not due to the fault of the County (and its members and agents) shall not be liable directly or indirectly for any claims caused to or suffered by the Contractor or any other person in connection with or as a result of such prevention, restriction or delay.

8. The County further reserves the right to make such investigation as it deems necessary to determine the ability of bidders to furnish the required services, and bidders shall furnish all such information for this purpose as the County may request. The County also reserves the right to reject the proposal of any bidder who is not currently in a position to perform the contract, or who has previously failed to perform similar contracts properly, or in a manner acceptable to the County, all of which shall be in the County's sole discretion.

D. Delivery:

1. Bidders shall guarantee delivery of materials in accordance with the delivery schedule stated in specifications. All items shall be delivered F.O.B. Destination/Inside Delivery, unless otherwise indicated, with delivery costs and charges included in the bid price.

2. The County reserves the right to charge the Contractor or vendor for each day the materials, supplies, or services are not delivered in accordance with the delivery schedule. The sum established by the specifications may be invoked at the discretion of the Purchasing Agent, said sum to be considered not as a penalty, but as liquidated damages, and deducted from final payment, or otherwise, charged to the Contractor or vendor. This remedy is not exclusive but shall be in addition to all other rights and remedies available to the County.

These liquidated damages shall be in addition to any and all actual damages incurred directly or indirectly by the County, its agents, assigns, and contractors.

3. All bidders and vendors are to ensure that packaging materials used for this requirement are not made of non-recyclable Styrofoam (Polystyrene). Additionally, any materials used in packing to cushion, protect and ship are to be made of recycled, recyclable or biodegradable materials.

E. Competition:

1. The name of any manufacturer, trade name, or vendor catalog number mentioned in the specifications is for the purpose of designating a standard of quality and type, and for no other purpose unless otherwise stated in the solicitation.

2. A bidder may offer a price on only one unit per line item. Even though two or more units may meet the specification, bidders must determine for themselves which to offer.

Submission by a bidder of prices for more than one unit shall be sufficient cause for rejection of the bid for that specific item.

3. Bids which show omission, irregularity, alteration of forms or additions not called for, as well as conditional or unconditional unresponsive bids, or bids obviously unbalanced, may be rejected.

4. All bids must be accompanied by such descriptive literature as may be called for by the specifications or proposal.

5. If products to be provided to the County contain any substances that could be hazardous or injurious to a person's health, a material safety data sheet (MSDS) must be provided to the

Procurement Division. This applies also to any product used by a Contractor when providing a service to the County.

6. Specifications are based on County needs and uses, estimated costs of operations and maintenance, and other significant and/or limiting factors to meet County requirements, and to ensure consistency with County policies. Minimum specifications, and maximum specifications where included, are not established arbitrarily to limit competition or to exclude otherwise competitive bidders.

7. Unless multiple or alternate bids are requested in the solicitation, these bids may not be accepted. However, if a bidder clearly indicates a base bid, it shall be considered for award as though it were the only bid submitted by the bidder.

F. Terminations:

Cecil County, Maryland reserves the right to terminate this contract by a ten (10) day written notice should the quality of the work/products become inferior, or the delivery service becomes poor.

1. Termination for Convenience: The County may terminate a contract, in whole or in part, without cause, by providing written notice thereof to the Contractor. In the event of termination, without cause, the County shall advise the Contractor in writing of the termination date and of work to be performed during the final days prior to contract termination. The Contractor shall be paid for all reasonable costs incurred by the Contractor up to the date of termination set forth in the written notice of termination. The Contractor will not be reimbursed for any anticipatory profits, which have not been earned up to the date of termination. Payments to be provided on a lump sum basis shall be prorated by the

County based on the services rendered or goods delivered up to the date of termination set forth in the written notice.

2. Termination for Default:

a. In addition to other available rights and remedies, the County shall have the right upon the happening of any default, without providing notice to the Contractor: 1) To terminate a contract immediately, in whole or in part; 2) To suspend the contractor's authority to receive any undisbursed funds; and/or 3) To proceed at any time or from time to time to protect and enforce all rights and remedies available to the County, by suit or any other appropriate proceedings, whether for specific performance or any covenant, term or condition set forth in the contract, or for damages or other relief, or proceed to take any action authorized or permitted under applicable law or regulations.

b. Upon termination of a contract for default, the County may elect to pay the Contractor for services provided or goods delivered up to the date of termination, less the amount of damages caused by the default, all as determined by the County in its sole discretion.

If the damages exceed the undisbursed sums available for compensation, the County shall not be obligated to make any further disbursements hereunder.

c. Funding Out: If funds are not appropriated or otherwise made available to support contract continuation in any fiscal year, the County shall have the right to terminate the contract without prior notice to the Contractor and without any obligation or penalty.

G. Hold Harmless - Indemnification:

1. The Contractor shall defend, indemnify and hold harmless the County, its employees, agents and officials from any and all liabilities, claims, suits, or demands including attorney's fees and court costs which may be incurred or made against the County, its employees, agents or officials resulting from any act or omission committed in the performance of the duties imposed by and performed under the terms of the contract. The Contractor shall not be responsible for acts of gross negligence or willful misconduct committed by the County.

2. The Contractor shall also defend, indemnify, and hold harmless the County, its employees, agents and officials from any and all liabilities, claims, suits, or demands including attorney's fees and court costs which may be made against the County, its employees, agents or officials by any third party arising from the alleged violation of any third party's trade secrets, proprietary information , trademark, copyright, patent rights, or intellectual property rights in connection with the contract.

3. Unless notified in writing by the County to the contrary, the Contractor shall provide defense for the County, its employees, agents and officials in accordance with this Article and in doing so the Contractor shall allow the County to participate in said defense of the

County, its employees, agents and officials, to the extent and as may be required by the

County and the Contractor shall cooperate with the County in all aspects in connection therewith. All filings, actions, settlements, and pleadings shall be provided to the County for comment and review prior to filing or entering thereof. No filing, action, settlement or pleading shall be filed or entered without the prior consent and approval of the County.

H. Authority:

1. In case of disputes as to whether an item or service quoted or delivered meets specifications, the decision of the Purchasing Agent or authorized representative shall be final and binding on both parties. The Purchasing Agent may request the recommendation in writing of the head of the using agency, the Standards and Specifications Committee, or other objective sources.

2. Bidders desiring to appeal a decision of the Procurement Division must deliver written protests to the Procurement Division within 10 days of notification of award. The Purchasing

Agent or designee will review the protested decision, examine any additional information provided by the bidder and process protest as per specifications stated within the Code of

Cecil County.

I. HIPAA:

1. The Contractor shall comply with the Health Insurance Portability and Accountability Act

(HIPAA) and shall execute a Business Associate Agreement as may be required by the

County.

J. Terms of Contract:

1. Any contract awarded pursuant to this solicitation shall be by and between the successful bidder and the County, and shall contain and incorporate, but may not be limited to, all terms and conditions of the solicitation, any amendments or changes thereto. Submission of a bid in response to this solicitation evidences the Contractor's acceptance of the terms and conditions therein.

2. The provisions of the contract awarded pursuant to this solicitation shall be governed by the laws and regulations of Maryland and Cecil County.

3. Any litigation arising out of or relating in any way to the contract or the performance thereunder shall be brought only in the courts of Maryland, and the Contractor hereby irrevocably consents to such jurisdiction. To the extent that the County is a party to any litigation arising out of or relating in any way to the contract or the performance thereunder, such an action shall be brought only in a court of competent jurisdiction in the courts of the State of Maryland.

K. Severability:

1. If any provisions in the contract are declared by a court or other lawful authority to be unenforceable or invalid for any reason the remaining provisions hereof shall not be affected thereby and shall remain enforceable to the full extent permitted by law.

L. Counterparts:

1. The contract may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.

M. Survival:

1. The provisions of Representations and Warranties, Damages, Indemnification, and HIPAA shall survive delivery of commodities and/or performance of services.

N. No Waiver, Etc.:

1. No failure or delay by the County to insist upon the strict performance of any term, condition or covenant of the contract, or to exercise any right, power, or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, or covenant or of any such breach, or preclude the County from exercising any such right, power, or remedy at any later time or times.

O. Maryland Registration/Qualification Requirements:

1. Cecil County verifies the company's status with SDAT and may require the successful bidder to submit a Good Standing Certificate (also known as a "Certificate of Status") issued by the

Maryland Department of Assessment and Taxation's ("SDAT") Charter Division, and the

State of Organization.

2. For information on registering to do business in the State of Maryland or to download SDAT related forms visit the Maryland Department of State Department of Assessments &

Taxation at http://www.dat.state.maryland.gov/businesses/Pages/def ault.aspx. If you need additional assistance call (410) 767-1184.

3. Cecil County requires the successful bidder to be in "good standing" (also known as

Certificate of Status) with the State in which it is organized, and in the State of Maryland, under certain circumstances. Cecil County verifies the successful bidder's status with SDAT.

Non compliance to this section may result in a delay in contract award or rejection of a bid.

4. All bidders must be in good standing with Cecil County Maryland. Proposers must meet any outstanding taxes, fees, or accounts with Cecil County, Section § 45-2 of the Cecil County

Code, 2022, as amended.

P. Warranty:

1. Contractor warrants for one year from acceptance, or for such longer period otherwise expressly stated in the attached solicitation, all goods, services, and construction provided.

This includes a warranty against any and all defects. The contractor must correct any and all defects in material and/or workmanship that may appear during the warranty period, even if discovered after the end of the warranty period, by repairing any such defect, (or replacing with new items or new materials, if necessary), at no cost to the County and to the

County's satisfaction.

2. Should a manufacturer's or service provider's warranty exceed the requirements stated above, that warranty will be the primary one used in the case of defect. Copies of manufacturer's or service provider's warranties must be provided upon request.

3. All warranties must be in effect from the date of acceptance by the County of the goods, services, or construction.

4. The contractor warrants that all work shall be accomplished in a workmanlike manner, and the contractor must observe and comply with all Federal, State, County and local laws, ordinances and regulations in providing the goods, and performing the services or construction.

Q. Requests for Proposals (RFP):

http://www.dat.state.maryland.gov/businesses/Pages/def

1. In addition to aforementioned instructions, the following apply to Requests for Proposals

(RFP).

2. All RFP proposals submitted shall be valid for 180 days following the closing date noted, unless otherwise specified in the bid documents. This period may be extended by mutual written agreement between offerors and the County. Proposals may not be withdrawn during this period.

3. Modifications: The County may, at any time by written order, make changes within the general scope of a contract including, but not limited to, changes (1) in any designs or specifications; (2) in the method, quantity, or manner of performance of the work; (3) in any

County furnished facilities, equipment, materials, services, or property; or (4) directing acceleration in the performance of the work. No change, modification or revision shall be binding upon the County, unless made in writing by its authorized representatives.

4. Subcontracting and Assignment: All sub- contracting arrangements require prior approval of the County. The Contractor shall not assign, transfer, convey, delegate, subcontract, or otherwise dispose of any award of any or all of its rights, title, or interest therein, without the prior written consent of the County, which shall not be unreasonably withheld.

5. Additional Reservations for RFP's

a. This RFP creates no obligation on the part of the County to compensate offerors for proposal preparation expenses. The County reserves the right to award a contract based upon proposals received without further negotiation and may do so; offerors should not rely upon the opportunity to alter their proposals during discussions.

b. The County reserves the right to waive minor irregularities, to negotiate in any manner necessary to best serve the public interest, and to make a whole award, multiple awards, a partial award, or no award. The County reserves the right to cancel this RFP, in whole or in part, any time before the closing date.

c. Confidentiality: Offerors must specifically identify any portions of their proposals deemed to contain confidential information, proprietary information or trade secrets.

Those portions must be readily separable from the balance of the proposal. Such designations will not be conclusive, and offerors may be required to justify why such material should not, upon written request, be disclosed by the County under the Public

Information Act, General Provisions Article, Title 4, of the Annotated Code of Maryland, as amended. The County may disclose such information if required by law, court order or subpoena.

R. Local Preference: (not applicable in Request for Proposal - RFP)

1. Section 92 of the Cecil County Code entitled “Local Preference” reads as follows:“Cecil

County, Maryland reserves the right to show preference to local bidders in the purchase of supplies, equipment, and services. The amount shall not exceed 6% of the amount bid or quoted, and/or $60,000, whichever is less. A “local bidder” is defined as an individual or business who maintains a place of business or maintains an inventory of merchandise and/or equipment in Cecil County, is licensed by Cecil County and/or the State of Maryland, if required and is subject to Cecil County real and/or personal property taxes. Any local bidder in default on payment of any county or state tax or license shall not be eligible to receive preference until all taxes or licenses due are paid”.Bidders are cautioned to note the specific and several requirements that may qualify a bidder for local preference consideration. A bidder wishing to receive local preference consideration must be able to demonstrate qualification under all the noted requirements.No bidder should assume, regardless of whether the bidder qualifies under the definition of “Local Bidder,” that Cecil

County, Maryland would grant preference on this contract to any bidder. Cecil County, Maryland reserves the right to do so under Section 92 of the Cecil County Code but is not bound to do so under any circumstance, regardless of precedent.Any bidder that wishes to be considered a “Local Bidder,” in the County’s award of the contract shall submit with the bid any and all documentation that proves that the bidder, identified by name in the submitted bid, meets the definition of “Local Bidder.” Neither County Executive nor the

Procurement Officer shall be bound by any information or documentation provided by the bidder after opening of the bids. However, the County reserves all rights to investigate a bidder’s potential qualification as a “Local Bidder” and use any relevant information in its determination of a bidder’s qualification under the definition, regardless of when it is obtained.

S. Non-Resident Contractor Notification:

1. At the request of the Maryland State Comptroller of the Treasury a list of all Non-Resident

Contractors awarded a contract for the improvement of real property in the amount of

$500,000 dollars or more and all non-resident sub-contractors that equals or exceeds

$50,000 or reasonably can be expected to equal or exceed $50,000 shall be forwarded by the Cecil County, Maryland to the Maryland State Comptroller of the Treasury, Compliance

Division, 301 W. Preston Street, Room 407, Baltimore MD 21201.The notification shall be forwarded by the Cecil County, Maryland once the “Notice to Proceed” is sent and shall include the following information:

▪ Type of project

▪ Site Address

▪ Contractor’s Name and address

▪ Date of the Contract

▪ Contracted amount o - “Non-resident Contractor” is defined as a contractor that does not maintain a regular place of business in the state of Maryland.- “Regular place of business” is defined as:

a. a bona fide office, other than a statutory office,

b. a factory,

c. a warehouse,

d. or any other space in this state, which a person is doing business in its own name in a regular and systematic matter and that is continuously maintained, occupied, and used by the person carrying on its business through its regular employees regularly in attendance.

T. Notice to Bidders:

1. Cecil County (County) utilizes OpenGov eProcurement as its eProcurement platform. All solicitations, official notices, addenda, other solicitation documents, and contracts will be posted in OpenGov. Registration is highly encouraged to ensure you receive proper notifications.Information obtained from any other source is done so solely at your own risk.The County takes no responsibility for information posted outside of the OpenGov eProcurement Platform.

U. Examination of Site and Data:

1. Before submitting proposals, prospective Contractors shall carefully examine the Proposed

Contract Documents, inspect the site of proposed installations, acquaint themselves with all governing laws, ordinances, etc. and otherwise thoroughly familiarize themselves with all matters which may affect the performance of the work. The act of submitting a proposal shall be considered as meaning that the Contractor has so familiarized themselves and, therefore, no concession will be granted by the County because of any claim of misunderstanding or lack of information. Contractors are expected to read and study all specifications with special care and to observe all their requirements.Discrepancies, ambiguities, errors, or omissions noted by Contractors should be reported promptly to the

County for correction or interpretation before the date of the opening of proposal.

V. Project Funding:

1. All projects are subject to funding approval by Cecil County Council and the Cecil County

Executive. Some projects may also be subject to Federal, State, and/or local grant funding conditions and approval.

All project awards are subject to required funding approvals.

W. Questions/Addenda:

1. Bids are subject to change in the form of an addendum. It is the bidder’s responsibility to make sure all addenda are acknowledged in their bid via the OpenGov Procurement Portal.

Failure to do so could result in the bid being disqualified.

2. All questions should be asked no later than seven (7) calendar days in advance of the bid. All questions must be submitted using the questions and answers feature in OpenGov

Procurement Portal.

3. Addenda are posted on the OpenGov Procurement Portal at least three (3) calendar days before bid opening.

X. Claims:

1. Should the Contractor believe that it is entitled to any additional compensation or time, over or beyond the compensation or time stipulated in the Contract documents, or for compensation or an extension of contract time over or beyond that allowed or approved by the County for damages, losses, expenses, or delays alleged to have been sustained by it in connection with this Contract, the Contractor shall file a written notice of claim thereof with the County prior to incurring any costs for which it may claim a right to additional compensation. The written notice shall be on company letterhead and addressed to the authorized County Representative. Unless otherwise specified or required, in the events of alleged delay to the schedule, such notice shall be given no later than twenty (20) days after the onset of such alleged damages, losses, expenses, or delays.

Unless otherwise specified, within thirty (30) days after giving the required notice, but not later than final payment, the Contractor shall file with the County a written, itemized statement of the details and amount of such claim of damage, loss, expenses, or delay.

Unless the Contractor timely files its written notice of claim and statement of costs as prescribed herein, the Contractor’s claim for such additional compensation shall be absolutely invalidated; and it shall not be entitled to any compensation on account of such alleged damage, loss, expenses, or delay.

The County shall ascertain the facts and shall approve an equitable adjustment to the

Contract amount and/or time when, in the judgment of the County, the findings of fact warrant it. The County shall issue a written decision on the claim within thirty (30) days after receipt of the Contractor’s itemized statement of the claim unless extended by mutual written agreement. If the County does not issue a decision within thirty (30) days or any https://procurement.opengov.com/portal/cecil/projects/278003 https://procurement.opengov.com/portal/cecil/projects/278003 https://procurement.opengov.com/portal/cecil/projects/278003 https://procurement.opengov.com/portal/cecil/projects/278003 extension thereof, the County shall be deemed as having made a final decision denying the claim. The County’s decision shall be final and conclusive on the parties, except as provided in “Breaches and Dispute Resolution”.

Y. Breaches and Dispute Resolution:

1. Disputes– Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of Cecil

County, Maryland. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Cecil County, Maryland. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Cecil County, Maryland shall be binding upon the Contractor and the

Contractor shall abide be the decision.

2. Performance During Dispute – Unless otherwise directed by Cecil County, Maryland, Contractor shall continue performance under this Contract while matters in dispute are being resolved.

3. Claims for Damages – Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of their employees, agents, or others for whose acts he is legally liable, a claim for damages, therefore, shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage.

4. Rights and Remedies – The duties and obligations imposed by the Contract Documents and the rights and remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the Cecil County, Maryland shall constitute a waiver of any right or duty under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under.

Z. Cooperative Purchase:

1. The County reserves the right to extend all the terms, conditions, specifications, and unit or other prices of any contract resulting from this bid to any and all public bodies, subdivisions, school districts, community colleges, colleges, universities including non-public schools. This is conditioned upon mutual agreement of all parties pursuant to special requirements which may be appended thereto. The supplier/contractor agrees to notify the issuing body of those entities that wish to use any contract resulting from this bid and will also provide usage information, which may be requested.

The County assumes no authority, liability, or obligation, on behalf of any other public or non-public entity that may use any contract resulting from this bid. All purchases and payment transactions will be made directly between the contractor and the requesting entity. Any exceptions to this requirement must be specifically noted in the bid response.

AA. Public Information Act (PIA):

1. Cecil County is subject to the Maryland Public Information Act and may be required to release bid submissions in accordance with the Act.Bidders may submit a REDACTED version of their bid submittal that shall be released for any Public Information Act request that the

County receives in reference to this solicitation. Only the REDACTED version shall be released. Any Bidder not submitting a REDACTED version authorizes Cecil County to release their bid submittal as submitted and shall not hold the County or any employees liable for any information released.Any materials the Vendor deems to be proprietary or copyrighted must be marked as such; however, the material may still be subject to analysis under the

Maryland Public Information Act.

BB. Personal Liability of Public Officials:

1. In carrying out any of the provisions of this Contract or in exercising any power of authority granted to him thereby, there shall be no personal liability upon the County, or his authorized agent being understood that in such matters he acts as the agent or representative of the County.

CC. Descriptive Literature:

1. The proposed descriptive literature fully describing the product bid is what is intended to be included as the price. Failure to do so may be cause for rejection of the bid.

2. Any items, systems or devices supplied in this bid that are proprietary in nature relative to maintenance, repair, servicing or updating must be disclosed on the bid form.

DD. Exceptions/Substitutions:

1. Any exceptions or substitutions to the specifications requested should be marked on the bid form and listed on a separate sheet of paper attached to the bid.

2. An exception to the specifications may not necessarily disqualify the bid. The County will determine if the exception is an essential deviation or a minor item.

3. In the case of a minor deviation, the County maintains the option to award to that bidder if it determines the performance is not adversely affected by the exception.

EE. Approved Equals:

1. In all specifications where a material or article is defined by describing a proprietary product or by using the name of a vendor or manufacturer, it can be assumed that an approved equal can be substituted.

2. The use of a named product is an attempt to set a particular standard of quality and type that is familiar to the County. Such references are not intended to be restrictive.

3. However, the County shall decide if a product does in fact meet or exceed the quality of the specifications listed in the solicitation. It shall be the responsibility of the vendor that claims a product is equal to provide documentation to support such a claim.

FF. Prices:

1. Bid prices shall remain firm for ninety (90) days from the date of the bid opening. All contracts and/or quantities are contingent on budgetary constraints.Pricing must include all labor, delivery, materials, tools, and equipment to perform work.

GG. Price Escalation:

1. All unit prices offered herein shall be firm against any increase for one (1) year from the effective date of the contract.For each option year, the County may entertain a request for escalation in accordance with the current Consumer Price Index at the time of the request or up to a maximum 3% increase on the current pricing, whichever is lower.For purposes of this section, “Consumer Price Index” shall mean the Consumer Price Index-All Urban

Consumers-United States Average-All Items (CPI-U), as published by the United States

Department of Labor, Bureau of Labor Statistics.The County reserves the right to accept or reject the request for a price increase within fourteen (14) days. If the price increase is approved, the price will remain firm for twelve (12) months. All other terms, conditions and specifications will remain the same.The increased contract price shall not apply to orders received by the contractor prior to the effective date of the approved increased contract unit price. Orders placed via purchase order, shall be considered to have been received by the contractor after the fifth (5th) calendar day following the date of issuance. The Procurement Officer may cancel, without liability to either party, any portion of the contract affected by the requested increase and any materials, supplies or services undelivered at the time of such cancellation. Invoices reflecting “NEW” prices will not be processed for deliveries of goods received prior to the increase approval date.Price decreases shall also be passed on to the

County and do not require verification. Decreases become effective immediately upon notification.

HH. Sales Tax:

1. In buying products directly from a vendor Cecil County, Maryland is exempt from being directly charged Federal excise and Maryland sales tax. A copy of an exemption certificate shall be furnished upon request.According to the Office of the Comptroller of Maryland, a

Contractor is responsible for paying sales tax on purchases relating to any projects or services and should incorporate it into their bid.Contractors cannot use the County tax exemption to buy materials or products used on County projects.For additional information, see State of Maryland Sales and Use Tax in #Attachments section.

II. Approximate Quantities:

1. The Bidder’s attention is called to the fact that the quantities given are estimated quantities and are intended as a guide to the bidder, but in no way bind or limit the County to the actual amount of work to be performed or the quantity of material to be furnished. Any estimates of quantities herein furnished by the County are approximations only and have been used by the County as a basis for estimating the cost of the work and will also be used for the purpose of tabulating and comparing the bids and awarding the Contract. The

County has endeavored to estimate these quantities correctly according to the information shown on the plans, but it is not guaranteed that these estimated quantities are accurate and, if the Contractor in developing and/or submitting a bid relies upon the accuracy of said estimated quantities, the Bidder does so at their own risk.Cecil County, Maryland reserves the right to add or delete locations to the contract.

JJ. Alterations:

1. The County reserves the right to change the alignment, grade, form, length, dimensions, or materials of the work under the Contract whenever any conditions or obstructions are met that render such changes desirable or necessary. In the event, such alterations make the work less expensive to the Contractor, a proper deduction shall be made from the Contract prices and the Contractor shall have no claim on this account for damages or for anticipated profits on the work that may be dispensed with. In the event, such alterations make the work more expensive, a proper addition shall be made to the Contract prices. Any such deduction or addition shall be determined by the County, which shall remain the final authority in such determination.

KK. Laws and Regulations:

1. The Contractor, at all times, shall observe and comply with all federal, state, municipal and/or local laws, ordinances, rules and regulations in any manner affecting the work to be done and all such orders or decrees as may exist at present and those which may be enacted later, of bodies or tribunals having jurisdiction or authority over and shall indemnify and save harmless the Owner and all its officers, agents and employees against any claim or liability arising from or based on the violation of any such laws, ordinances, rules, https://procurement.opengov.com/portal/cecil/projects/278003/document?section=undefined regulations, order or decree, whether such violations by the Contractor or by…