Invitation to Bid #26-0917

Fire Apparatus Inspection and Testing

Due Date: September 17, 2026

1:30 P.M. (Local Time)

The Board of County Commissioners of Garrett County, Maryland will accept sealed bids from qualified contractors to perform annual inspection, testing, certification, and documentation of fire apparatus pumps, fire hose, portable ground ladders, and aerial ladders for ten (10) volunteer fire departments in Garrett

County, Maryland. The Contractor shall furnish all labor, supervision, equipment, calibrated test instruments, transportation, documentation, materials, and incidental items necessary to complete the work.

A copy of the bid documents can be downloaded from the Purchasing Division’s web site at www.garrettcountymd.gov/purchasing/current-bids. Inquiries may be made by calling (301) 334-5003.

Sealed bids must be submitted to the Garrett County Commissioner’s Office, 203 South Fourth Street, Room

207, Oakland, Maryland 21550 on or before Thursday, September 17, 2026, at 1:30 p.m. (local time). Sealed bids will be publicly opened and read aloud at 2:00 p.m. on September 17, 2026. All bidders are required to submit one (1) copy of their bid documents at the time of submission. All bids submitted should be enclosed in a sealed envelope and should be clearly marked “Fire Apparatus Inspection and Testing ” on the outside of the envelope. Any bids received after the time due will not be considered for award and shall be retained as documentation for the bid file.

The Board of County Commissioners of Garrett County, Maryland reserves the right to accept or reject any or all bids, to cancel this invitation to bid and to waive technicalities in any part deemed to be in the best interest of Garrett County.

By Order of the Board

Trevor Butler

Purchasing Agent

Garrett County Purchasing Division http://www.garrettcountymd.gov/purchasing/current-bids

SIGNATURE TO BIDS

Note: When submitting your Bid, Please use this page as a cover sheet.

Each Bid must show the full business address and telephone number of the Bidder and be signed by the person legally authorized to sign Contracts. All correspondence concerning the Bid and

Contract, including Notice of Award, copy of Contract and Purchase Order, will be mailed or delivered to the address shown on the Bid in the absence of written instructions from the Bidder or Contractor to the contrary. Bids by partnerships must be signed in the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing, who shall also state the names of the individuals composing the partnership. Bids by corporations must be signed with the name of the corporation, followed by the signature and designation of the officer having authority to sign.

When requested, satisfactory evidence of authority of the officer signing in behalf of the corporation shall be furnished. Anyone signing the Bid as agent shall file satisfactory evidence of his/her authority to do so.

All documents, materials, or data developed as a result of this Contract are the property of the

Board of County Commissioners of Garrett County, Maryland, hereinafter referred to as the

County. The County has the right to use or reproduce any documents, materials, data, including confidential information, used in or developed as a result of this Contract. The County may use this information for it’s own purposes, or use it for reporting to Federal Agencies. The Contractor warrants that it has title or right of use all documents, materials, or data used or developed in connection with this Contract. The Contractor must keep confidential all documents, materials, and data prepared or developed by the Contractor and supplied by the County. All erasures and/or changes shall be initialed by the individual making modifications to the proposal.

Bidder must sign here and return this page and the proposal page in addition to submitting any documents called for by the General Bid Conditions and Specifications.

By signing here, Bidder does hereby attest that he/she has read fully the instructions, conditions and general provisions and does understand them and will furnish and deliver all labor and materials in accordance with the specifications for the price as listed on the proposal sheet(s).

Company:

Address:

Authorized

Signature:

Title:

Phone No.:

Date:

Bidder acknowledges receipt of addenda(s), if any, by initialing the following:

Addenda #1 Addenda #3

Addenda #2 Addenda #4

____Please check here if you do not wish to remain on our Bidder’s List for this category.

GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS

SUPPLY AND SERVICE CONTRACTS

The general rules and conditions which follow, along with all other documents consisting of the “Bid Package”, apply to all purchases and become a definite part of the formal

Invitation to Bid, Purchase Order, or other award issued by the County, unless otherwise specified. Bidders or their authorized representatives are expected to fully inform themselves as to the conditions, requirements and specifications before submitting Bids;

failure to do so will be at the Bidder’s own risk and they cannot secure relief on the plea of error. Bidders are advised that all costs related to preparing and/or submitting a Bid or

Proposal shall be borne by the Bidder.

Satisfactory evidence of the authority to bind the firm by the person signing the Bid shall be included when submitted by partnerships or corporations. Anyone signing a Bid as an agent shall include evidence of their authority to do so.

Subject to State and County Laws and all rules, regulations, and limitations imposed by legislation of the Federal Government, Bids on all advertisements and invitations issued by the County will bind Bidders to applicable conditions and requirements set forth herein unless otherwise specified in the Invitation to Bid. Should there be a conflict in

State Law, State of Maryland Law shall prevail.

Should there be a conflict between the General Bid Conditions and the Supplemental Bid

Conditions (if any), the Supplemental Bid Conditions shall prevail.

GENERAL CONDITIONS OF BIDDING

1. Proposal Forms: Bids shall be submitted only on the forms provided by the County.

The Bidder shall retain one copy for their files and submit one copy, unless requested otherwise, with original signatures and sealed to the County for that purpose.

Facsimile Bids will not be accepted.

2. Late Bids: Formal Bids, amendments thereto, or requests for withdrawal of Bids received by the County after the time specified for Bid opening will not be considered for award and shall be retained as documentation for the bid file.

3. Withdrawal of Bids: A written request for the withdrawal of a Bid or any part thereof may be granted if the request is received by the County prior to the specified time of opening.

4. Mailing of Bids or Courier Delivery Service: The Board of County Commissioners assumes no responsibility for the deliverance of mailed or courier delivered Bids.

Please be advised that Garrett County may not have guaranteed next morning courier service delivery in this area depending on which courier service is utilized.

5. Completeness: All information required by the Invitation to Bid must be supplied to constitute a proper Bid. The County will not be responsible for the premature opening of Bids if not properly addressed, or identified.

6. Bids Binding 90 Days: Unless otherwise specified all formal Bids submitted shall be binding for ninety (90) calendar days following Bid opening date, unless the Bidder, upon written request to the County, agrees to an extension.

7. Conditional Bids: Qualified Bids are subject to rejection in whole or in part.

8. Payment Terms: Term discount of less than twenty (20) days will not be considered.

In connection with any prompt payment discount offered, time will be computed from date of receipt of correct invoice or receipt and acceptance of shipment, whichever is later.

9. Bids for All or Part: Unless otherwise specified by the County or by the Bidder, the

County reserves the right to make award on all items, or on any of the items according to the best interests of the County. Bidders may restrict their Bid to consideration in the aggregate by so stating, but shall name a unit price on each item

Bid upon; any Bid in which the Bidder names a total price for all the items without quoting a price for each and every separate item, may be rejected at the option of the

County.

10. Errors in Bids: When an error is made in extending total prices, the unit Bid price will govern. Carelessness in quoting prices, or in preparation of Bid otherwise, will not relieve the Bidder from his submitted Bid. Erasures or changes in Bids must be initialed.

11. Questions: Any information relative to interpretation of the General Bid Conditions, specifications and drawings shall be directed to the Garrett County Purchasing

Department in writing, in ample time before the opening of Bids. Any interpretation made to prospective Bidders, will be issued in the form of a written addendum to the specifications which, if issued, will be sent to all prospective Bidders. Verbal explanations or instructions given by a Garrett County employee to an Offeror in regards to a solicitation will not be binding on the County.

12. Response to Invitation: In the event you cannot submit a Bid on our requirements, as set forth in the “Invitation to Bid”, please return the Bid with an explanation as to why you are unable to Bid on these requirements. Because of the large number of firms listed on the County’s List of Bidders, it is necessary to delete from these lists the names of those persons, firms, or corporations who fail to respond after having been invited to Bid on a commodity or commodities for three successive Bid openings.

13. Multiple Bids: No Bidder will be allowed to offer more than one price on each item even though they may feel that two or more types or styles of that item will meet the present specifications. Bidders must determine for themselves which to offer. If said

Bidder should submit more than one price on any item, all prices for that item may be rejected at the discretion of the County.

14. Taxes: The County is exempt from the State of Maryland Sales Tax and Use Tax by

Certificate No. 30001193. However, please be advised that our tax exemption status does not transfer to the successful contractor. Contractors should include taxes in their bid prices.

15. Catalogs: Each Bidder shall submit where necessary or when requested by the

County, catalogs, descriptive literature, and detailed drawings, fully detailing features, designs, construction, finishes and the like necessary to fully describe the material or work they propose to furnish.

16. Competency of Bidder: No proposal will be accepted from or Contract awarded to any person, firm or corporation that is in arrears or is in default to Garrett County upon any debt or Contract, or that is a defaulter, as surety or otherwise, upon any obligation to said County, or had failed to perform faithfully any previous Contract with the County. The Bidder, if requested, must present within forty-eight (48) hours evidence satisfactory to the County of performance ability and possession of necessary facilities, pecuniary resources and adequate insurance to comply with the terms of these specifications and Contract documents.

The Contractor shall actively cooperate in all matters pertaining to the proper compliance of this Contract and shall come to the appropriate office of the County whenever requested in connection with the performance of this Contract.

The Contractor shall inform the County of any or all circumstances which may impede the progress of the work or inhibit the performance of the Contract, including, but not limited to: bankruptcy, dissolution or liquidation, merger, sale of business, assignment, etc.

The County may examine the Contractor’s and any first-tier Subcontractor’s records to determine and verify compliance with the Contract. The Contractor and any first-tier Subcontractor must grant the County access to these records as well as Federal and State authorities, if applicable, at all reasonable times during the Contract term.

The Contractor must include the preceding language of this paragraph in all first-tier

Subcontracts.

BID DEPOSIT

17. Bid Bond or Cashier’s Check: When required on the Bid cover sheet, each Bid shall be accompanied by a Bid bond signed by a surety company licensed to do business in the State of Maryland, or by cashier’s check, certified check or Treasurer’s check drawn on a responsible bank doing business in the United States in the amount of five percent (5%) of the total Bid and shall be made payable to the Board of Garrett

County Commissioners. When computing the amount of the Bid for Certified Check purposes, do not deduct for trade-ins. U.S. Postal Money Orders are acceptable in lieu of certified checks.

18. Performance/Labor and Materials Bond: The successful Bidder or Bidders on this

Bid may be required to furnish the required bonds as indicated on the Bid cover, which shall be payable to the Board of Garrett County Commissioners, prepared on an approved form, as security for the faithful performance of his Contract, within ten

(10) days of his notification that his Bid has been accepted. The surety thereon must be with such surety company or companies as are authorized or licensed to transact business in the State of Maryland. Attorneys in fact who sign bonds must file with each bond a certified copy of their power of attorney to sign bonds. The successful

Bidder or Bidders upon failure to furnish within ten (10) days after his notification the required bonds shall forfeit said bonds to the Board of Garrett County Commissioners as liquidated damages. The Performance Bond shall be in the amount of one hundred percent (100%) of the Contract price covering faithful performance of the Contract;

and the Labor and Materials Payment Bond shall be in the amount of one hundred percent (100%) of the Contract price as security for payment of all persons performing labor and furnishing materials in connection therewith.

19. Samples: The County reserves the right to retain or destroy the samples submitted for the purpose of evaluation and will be free from any redress or claim on the part of the Bidder or Contractor if any samples are lost or destroyed.

Upon notification by the County that a sample is available for pickup, it shall be removed within thirty (30) days at the Bidder’s expense or the County shall dispose of same as its discretion.

Bidders shall make all arrangements for delivery of samples to the place designated, as well as the removal of samples. Cost of delivery and removal of samples shall be borne by the Bidder.

All sample packages shall be marked “Sample for Garrett County” and each sample shall bear the name of the Bidder, item number, Bid number, and shall be carefully tagged and marked in a substantial manner. Failure of the Bidder to clearly identify samples as indicated may be considered sufficient reason for rejection of Bid.

20. Trade Names: In cases where an item is identified by a manufacturer’s brand name, trade name, catalog number, or reference, it is understood that the Bidder proposes to furnish the item identified and does not propose to furnish an “equal” unless the proposed “equal” is definitely indicated by the Bidder in his proposal.

The reference to the above catalog is intended to be descriptive but not restrictive and only to indicate to the prospective Bidder items that will be satisfactory. Bids on varying makes and catalogs will be considered, provided each Bidder clearly states in his proposal exactly what he proposes to furnish, and forwards with his Bid, a cut, illustration, or other descriptive matter which will clearly indicate the character of the item covered by his Bid.

The County hereby reserves the right to approve as an equal, or to reject as not being equal, any item the Bidder proposes to furnish which contains major or minor variations from specification requirements but may comply substantially therewith.

If no particular brand, model, or make is specified, and if no data is required to be submitted with the Bid, the successful Contractor after award and before manufacture or shipment, may be required to submit working drawings or detailed descriptive data sufficient enough to enable the County to judge if each requirement of the specifications is being complied with.

21. Formal Specifications: Formal Specifications: The Bidder shall abide by and comply with the true intent of specifications and not take advantage of any unintentional error or omission, but shall fully accept every part as the true intent and meaning of the specifications and drawings. Whenever mention is made herein, of any item, material, or workmanship to be in accordance with laws, ordinances, building codes, underwriter’s codes, A.S.T.M. regulations or similar expressions, the requirements of these laws, ordinances, etc., shall be construed to meet or exceed specifications requirements and current established noise levels for specific equipment, materials, and/or services being furnished under this Contract. All exceptions, substitutions, qualifications, or deviations shall be specifically identified in writing with the Bid. Silence constitutes full acceptance of the specifications and

Contract requirements.

All deviations from the specifications must be noted in detail by the Bidder, in writing, at the time of submittal of the formal Bid. The absence of a written list of specification deviations at the time of submittal of the Bid will hold the Bidder strictly accountable to the County to the specifications written. Any deviation from the specifications as written not previously submitted, as required by the above, will be grounds for rejection of the material and/or equipment delivered.

AWARD

22. Award or Rejection of Bids: Award or Rejection of Bids: Award is anticipated to be made to the lowest responsive and responsible Bidder based upon the Total Evaluated

Bid Price, provided the Bid price is reasonable and award is advantageous to the County.

A responsive Bid conforms in all material respects to the solicitation. A responsible

Bidder possesses the capability, experience, personnel, equipment, financial resources, insurance, integrity, and demonstrated ability necessary to perform the Contract. The

County may investigate qualifications and require additional evidence of responsibility before award. The Board of County Commissioners or its authorized agent reserves the right to reject any or all Bids, cancel the solicitation, and waive minor informalities that do not affect price, quantity, quality, delivery, contractual liability, or competitive standing, whenever permitted by law and in the best interest of the County.

In determining responsibility, the following other qualifications, in addition to price, will be considered by the County.

a. The ability, capacity and skill of the Bidder to perform the service required.

b. The character, integrity, reputation, judgment, experience and efficiency of the Bidder.

c. The quality of performance of previous Contracts or services.

d. The previous and existing compliance by the Bidder with laws and ordinances relating to the Contract or service.

e. The sufficiency of the financial resources and ability of the Bidder to perform the Contract or provide the service.

f. The quality, availability and adaptability of the supplies, or services, to the particular use required.

g. The ability of the Bidder to provide future maintenance and service for the use of the subject of the Contract.

h. Whether the Bidder is in arrears to the County on a debt or Contract or is a defaulter on surety to the County.

i. Such other information as may be secured having a bearing on the decision to make the award.

In determining a Bidder’s responsiveness, the County will consider material deviations from the advertised specifications which materially affect price, quantity, quality or limit the Bidder’s liability.

23. Notice of Acceptance: A written award (or acceptance of Bid) mailed (or otherwise furnished) to the successful Bidder within the time for acceptance specified in the

Invitation to Bid shall be deemed to result in a binding Contract without further actions by either party. The Bid with respect to all items accepted and all papers accompanying same, the specifications, the instructions to Bidders, the general conditions and other papers and documents referred to in any of the foregoing shall constitute the formal Contract, unless otherwise specified, between the Bidder and the Board of Garrett County Commissioners.

24. Tie Bids: If two or more Bidders submit identical Bids and are equally qualified, the decision of the County to make award to one or more of such Bidders shall be final.

Selection may be made by drawing lots. Cash discounts when twenty (20) days or longer are allowed for payment may be taken into consideration in determining award.

25. Local Preference Program: The Board of County Commissioners has duly adopted

Resolution No. 2006-11 establishing a local preference program. If the State or political subdivision in which a nonresident firm is located gives an advantage to its resident businesses, the County Commissioners may give an identical advantage to the lowest responsive and responsible bid from a local firm over that of the nonresident firm. An advantage may include a percentage preference, an employee residency requirement, or any other provision that favors a local firm over a nonresident firm. All nonresident firms are required to complete and submit the

Purchasing Preference Affidavit as part of its bid submission. The provisions of this

Resolution are intended to repeal Resolution No. 5-4-99.

26. Bid Protest: For the purpose of this Section, the following words have the meanings indicated:

1. Interested party means an actual or prospective Bidder, Offeror, or

Contractor that may be aggrieved by the solicitation or Award of a

Contract, or by the protest.

2. Protestor means any actual or prospective Bidder, Offeror, or Contractor who is aggrieved in connection with the solicitation or the Award of a

Contract and who files the protest.

3. Filed means receipt in the Garrett County Purchasing Department.

An Interested Party may protest to Garrett County the Award or the Proposed Award of a Contract for supplies, services or construction. The protest shall be in writing and addressed to the Garrett County Purchasing Department. Protests based upon alleged improprieties of any type in solicitations which are apparent before Bid opening or the closing date for receipt of initial proposals shall be filed prior to said closing date, all other cases Bid protests shall be filed no later than seven (7) calendar days after the basis for protest is known or should have been known, whichever is earlier. Any protest filed after the time limit prescribed above shall not be considered.

a.) The written protest shall include as a minimum the following:

1. The name and address of the Protestor.

2. Appropriate identification of the procurement, and if Contract had been awarded, its number, if known.

3. A statement of reasons for the protest.

4. Supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing time in which case the expected availability date shall be indicated.

The Garrett County Purchasing Department will submit a copy of the protest to the

County Attorney upon receipt of the protest.

b.) Any additional information requested of the Protestor by the County shall be submitted within five (5) days after receipt of notification in order to expedite consideration of the protest. Failure to comply with the request for information by the County may result in a resolution of the protest without consideration of any information which is untimely filed pursuant to such request.

Upon written request, the County, will make available to any interested party information submitted that bears on the substance of the protest except when information is proprietary or otherwise permitted or required to be withheld by law or regulation.

A decision on a protest will be made by the County in writing as expeditiously as possible after receiving all relevant, requested information. Before issuance, the decision of the County shall be reviewed by the County Attorney.

c.) Should the department head of the County Agency originating the Bid or the

Protestor disapprove of the Purchasing Agent’s decision, they may appeal the decision to the County Commissioners with seven (7) days after receipt of the decision. All information used to support the protest and the decision of the

County shall be made available to the County Commissioners.

A written decision on the protest shall be made expeditiously by the County

Commissioners and deemed the final action on the protest.

CONTRACT PROVISIONS

27. Contract Alterations: No alterations or variables in the terms of a Contract shall be valid or binding upon the County unless made in writing and signed by the Board of

Garrett County Commissioners or its authorized agent.

28. Subletting of Contract: It is mutually understood and agreed that the Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of their Contract or their rights, title or interest therein, or their power to execute such Contract, to any other person, firm or corporation, without the previous written consent of the County, but in no case shall such consent relieve the Contractor from their obligations, or change the terms of the Contract.

29. Default: The Contract may be canceled or annulled by the Board of Garrett County

Commissioners in whole or in part by written notice of default to the Contractor upon non-performance or violation of Contract terms. An award may be made to the next lowest responsible Bidder, or, items specified may be purchased on the open market similar to those so terminated. In either event, the defaulting Contractor ( or his surety) shall be liable to the County for costs to the County in excess of the defaulted

Contract prices: Provided, that the Contractor shall continue the performance of this

Contract to the extent not terminated under the provisions of this clause. Failure of the Contractor to deliver materials or services within the time stipulated on their Bid, unless extended in writing by the County, shall constitute Contract default. In the event that the Bidder exempted from posting a Bid or Performance Guarantee fails to execute and perform any Contract awarded to him, he shall forfeit the right to Bid on any future County Contract for a period of time determined by the County and he shall be liable for any costs incurred by the County as a result of his default.

30. Delivery Failures: Failure of a Contractor to deliver within the time specified, or within reasonable time as interpreted by the County, or failure to make replacements of rejected items when so requested, immediately or as directed by the County, shall constitute authority for the County to purchase in the open market items of comparable grade to replace the items rejected or not delivered. On all such purchases, the Contractor shall reimburse the County, within a reasonable time specified by the County, for any expense incurred in excess of Contract prices or the

County may deduct such amount from monies owed to the defaulting Contractor.

Such purchases shall be deducted from Contract quantities.

The County reserves the right to charge the Contractor fifty dollars ($50.00) per calendar day for materials and/or equipment Contracts and one hundred fifty dollars

($150.00) per calendar day for construction and/or service Contracts, unless otherwise specified in the Contract documents, for every day materials, equipment, and/or services are not delivered in accordance with the delivery schedule. The per day charge may be invoked at the discretion of the County, said sum is to be taken as liquidated damages to be deducted from payment(s) and/or charged back to the

Contractor.

31. Non-Liability: The Contractor shall not be liable for damages in delay on shipment or failure to deliver when such delay or failure is the result of fire, flood, strike, act of

God, act of government, or by any other circumstances which, in the County’s opinion, is beyond the control of the Contractor. Under the circumstances, however, the County may, at its discretion, cancel the Contract.

32. Non-Discrimination: No Contractor receiving County funds or performing work under this Contract shall discriminate against any worker, employee, applicant, or member of the public because of race, color, religion, ancestry, national origin, sex, age, marital status, sexual orientation, gender identity, disability, genetic information, or any other classification protected by applicable federal, State, or local law. Contractor shall comply with applicable equal employment opportunity and nondiscrimination requirements and shall include this requirement in subcontracts and supplier agreements as applicable, and all labor organizations, furnishing skilled, unskilled and craft union skilled labor, or who may perform any such labor or services in connection with this

Contract.

33. Guarantee: All work, supplies, and/or materials and requirements described in the specifications including modifications thereto which may be in accordance with the direction and/or approval of the County shall be guaranteed/warranted for a period of one (1) year from the date of final acceptance by the County as follows, unless indicated otherwise in this Contract:

1.) Against all faulty or imperfect materials and/or equipment and against all imperfect, careless and/or unskilled workmanship.

2.) Against injury or undue deterioration from proper and usual use of the good and/or services.

3.) Remove and replace with proper materials, equipment, and/or services and re-execute, correct or repair, without cost to the County, any materials, equipment, and/or services found to be improper, imperfect, defective or fails to perform as specified.

4.) Make good all damage caused to other work, materials and/or equipment due to such required removal, replacement and/or re-execution.

5.) Shall comply with any and all guarantee/warranties of whatever nature referred to in other portions of the Contract specifications.

Any warranties whether expressed or implied shall not reduce the risk of the sellers/manufacturers obligation to the County against latent defect which may be found during the rated life of the supplies and/or materials and requirements described in the specifications including any approved modifications.

DELIVERY PROVISIONS

34. Responsibility for Materials Shipped: The Contractor shall be responsible for the materials or supplies covered by Contract until they are delivered at the designated point, but the Contractor shall bear all risk on rejected materials or supplies after notice of rejection. Rejected materials or supplies must be removed by and at the expense of the Contractor promptly after notification of rejection, unless public health and safety require immediate destruction or other disposal of rejected delivery.

Upon failure to do so within ten (10) days after the date of notification, the County may return the rejected materials or supplies to the Contractor at the Contractor’s own risk and expense, or dispose of them as its own property.

Any hazardous substances as defined under the Department of Labor Occupational

Safety and Health Standards for General Industry (29-CFR-1910.1200) and State of

Maryland Law and Regulations on “Access to Information About Hazardous and

Toxic Substances” MDSH Article 89, Section 28-49-D being delivered to Garrett

County as a result of this Invitation to Bid shall be accompanied by a current “Safety

Data Sheets” or the respective item may not be accepted..

Delivery will be required to be made to the receiving area or place designated in the specifications or proposal form. All prices must be FOB Delivery. The weight, count, measure, etc., will be determined at the points of delivery. The Contractor will be required to furnish proof of delivery in every instance. Bulk materials are to be placed on skids or pallets.

The cost of testing a representative sample of an order or shipment for acceptance shall be borne by the Board of Garrett County Commissioners, except, if the order and shipment is rejected for failure to meet the requirements of the specifications or purchase description, the cost of testing will be charged to the Contractor.

No charge will be allowed for cartage on packages unless by special agreement, in writing, by the County.

35. General Guaranty: Contractor agrees to:

a. Save the County, its agents and employees harmless from liability of any nature or kind for the use of any copyrighted or uncopyrighted composition, secret process, patented or unpatented, invention, article or appliance furnished or used in the performance of the Contract which the Contractor is not the patentee, assignee, licensee or owner.

b. Protect the County against latent defective material or workmanship and the repair or replace any damages or marring occasioned in transit or delivery.

c. Furnish adequate protection against damage to all work and repair damages of any kind, to the building or equipment, to his own work or to the work of other Contractors, for which his worker is responsible due to negligence in the course and scope of the employment.

d. Pay for all permits, licenses and fees and give all notices and comply with all laws, ordinances, rules and regulations of the County and State of Maryland.

36. Indemnification: The Contractor shall indemnify and hold harmless the Board of

County Commissioners of Garrett County, Maryland, hereinwith the County, and its elected and appointed officials, agents and employees from and against any and all liabilities, judgments, settlements, losses, costs or charges, including attorney fees, as a result of any claim, demand, action, or suit relating to any bodily injury, sickness or disease, including death, loss or property damage or destruction caused by, arising out of, related to or associated with this work by the firm and its members, officers, agents, employees, subcontractors, or invitees. The County may require that the firm produce evidence of settlement of any such action prior to issuance of final payment responsibility to indemnity, keep and save harmless and defend the County as herein provided.

37. Collusive Bidding: The Bidder certifies that his Bid is made without any previous understanding, agreement or connection with any person, firm, or corporation making a Bid for the same project, without unlawful prior knowledge of competitive prices, as in all respects fair, without outside control, collusion, fraud or otherwise illegal action.

38. Identical Bidding: All identical Bids submitted to the County as a result of advertised procurement for materials, supplies, equipment or services exceeding ten thousand dollars ($10,000) in total amount shall, at the discretion of the County, be reported to the Attorney General of the United States.

39. Officers Not To Benefit: No member of the elected governing body of Garrett

County, or members of his or her immediate family, including spouse, parents, children, or any person representing any member or members of the elected governing body shall receive or be promised, directly or indirectly, any financial benefit, by way of fee, political contribution, or any other similar form or remuneration. Any Contract made or entered into where it is discovered that violation of the intent of this provision exists shall be declared null and void and all monies received by the Contractor shall be returned to the County.

40. Insurance: Liability insurance on all major divisions of coverage for each and every

Contractor at his/her own expense will be required for the length of the Contract. The

Contractor acknowledges that failure to obtain such insurance on behalf of the Board of County Commissioners of Garrett County, Maryland constitutes a material breach of contract and subjects it to liability for damages, indemnification and all other legal remedies available to the County. The Contractor is required to provide the County with a Certificate of Insurance with an Additional Insured Endorsement naming: The Board of County Commissioners of Garrett County, Maryland, 203

South Fourth Street, Oakland MD 21550 as Additional Insured and Certificate

Holder prior to the commencement of any work or use of County facilities.

Additionally insured does not apply to Professional Liability or Workers

Compensation/Employers Liability. The failure to object to the contents of the

Certificate of Insurance or the absence of same shall not be deemed a waiver of any and all rights held by the County.

Each Contractor agrees to assist in every manner possible in the reporting and investigating of any accident, and upon request, agrees to cooperate with all interested insurance carriers in the handling of any claims by securing and giving evidence and obtaining the attendance of witnesses as required for any claim or suit.

In the event the Contractor utilizes a Subcontractor for any portion of the services outlined within the scope of its activities, the Subcontractor will be required to provide insurance to the Contractor of the same type or types and to the same extent of coverage as that provided by the Contractor. The Contractor agrees to obtain certificates from the Subcontractor evidencing such coverage and produce evidence upon County’s request. All insurance required of the Subcontractor shall name the

Board of County Commissioners of Garrett County, Maryland as an Additional

Insured for all those activities performed within its contracted activities for the contract as executed.

A Certificate of insurance will be required of a Vendor for the term of the Contract.

The Vendor shall provide the Certificate of Insurance to the County within ten (10) calendar days after receiving a request for it. Failure to provide an acceptable

Certificate of Insurance within the time frame stated above will cause to terminate the

Contract(s).

Certificate of Insurance shall provide that there will be no cancellation or reduction of coverage without thirty (30) days prior written notice to the Board of County

Commissioners of Garrett County, Maryland. Contractor’s certificates including additional insured endorsement shall be furnished for two (2) years following the completion of the project. If a policy does expire during the life of the Contract, a renewal certificate must be sent to the County fifteen (15) days prior to the expiration date. Failure to maintain or renew coverage or to provide evidence of renewal may be treated as a material breach of contract.

Vendor and Contractor Certificate of Insurance will be sent to:

Garrett County Purchasing Department

203 South Fourth Street, Room 206

Oakland, Maryland 21550

41. Filing of Political Contribution Report: All Bidders and Contractors are reminded that the provisions of Article 38, Sections 30-1 through 30-4 of the Annotated Code of Maryland require that every person that has done business of ten thousand dollars

($10,000) or more with the State, County, Incorporated Municipality or other Political

Subdivision in a calendar year is required to file, a report by February 1 of the following year, a report of political contributions in excess of one hundred dollars

($100) to candidates for elective office in the State. In addition, a business entering into Contracts or leases with the State totaling one hundred thousand dollars

($100,000) or more in a calendar year is required to file a list with the name and address of any resident agent of the business, each officer of the business, and each person who has beneficial ownership of the business, within thirty (30) days of when the total value of the Contract or leases reaches one hundred thousand dollars

($100,000).

42. Securing Labor: Contractor(s), insofar as possible, shall secure labor through the

Workforce Development Division of the Maryland Department of Labor, Licensing and Regulation. The Maryland Job Service Office in Garrett County is located at 221

South Third Street in Oakland, Maryland.

SUPPLEMENTAL PROVISIONS

43. Corporation Registration (For Contracts $100,000 or Greater): Whenever required by law, business entities not organized under the laws of the State of

Maryland must be registered with the State Department of Assessments and

Taxation, 301 W. Preston Street, Baltimore, Maryland, 21201 (“SDAT”) before doing any business in this State.

All Bidders that are business entities must be and present evidence that they are in good standing with SDAT.

44. Material Safety Data Sheets: Safety Data Sheets: If goods provided to the County contain any ingredients that could be hazardous or injurious to a person’s health, a

Material Safety Data Sheet (“SDS”) must be provided to the Garrett County General

Services, Risk Management Division, 203 South Fourth Street Room 206, Oakland, Maryland 21550 by the Successful Bidder. A list of chemicals by product name and manufacturer shall be provided with relation to this contract. This requirement applies to any goods used by the Successful Bidder when providing a service to the County.

45. Law and Regulations: Law and Regulations: The Successful Bidder shall comply with all applicable federal law, Maryland law, the Public Local Laws of Garrett County, Garrett County procurement policies and procedures, applicable local ordinances, rules, regulations, permits, licenses, safety requirements, and the terms of this solicitation

46. Termination Process: Termination for Convenience:

Notwithstanding anything contained herein, the County may terminate this

Agreement anytime, in whole or in part, without showing cause by providing thirty

(30) days written notice to the Successful Bidder. The County shall pay all reasonable costs incurred by the Successful Bidder up to the date of termination. The Successful

Bidder shall not be reimbursed for any anticipatory profits which have not been earned to the date of termination.

Termination for Cause: Notwithstanding anything contained herein, if the Successful

Bidder fails to fulfill its obligation under this Agreement properly and on time or otherwise violates any provision of this Agreement, the County may terminate this

Agreement by written notice to the Successful Bidder. The notice shall specify the acts or omissions relied upon as cause for termination. All finished or unfinished goods or services provided by the Successful Bidder shall, at the County’s option, become the County’s property. The County shall pay the Successful Bidder fair and equitable compensation for satisfactory performance prior to receipt of notice of termination less the amount of damages caused by the Successful Bidder’s breach. If the damages are more than the compensation payable to the Successful Bidder, the

Successful Bidder shall remain liable after termination, and the County may take all steps necessary to collect damages.

47. Optional Use of Contract: The Successful Bidder reserves the right to extend all of 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, and universities, including non-public schools. This is conditioned upon mutual agreement of all parties pursuant to special requirements which may be appended thereto. The Successful Bidder agrees to notify the issuing body of those entities that wish to use any contract resulting from this IFB and shall 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 IFB. All purchases and payment transactions shall be made directly between the Successful

Bidder and the requesting entity. Any exceptions to this requirement must be specifically noted in the Bid Response.

48. Availability of Funds: The obligations of the County under any Contract awarded pursuant to this IFB are subject to the availability of funds appropriated by the

Board of County Commissioners of Garrett County, Maryland, and to receipt and availability of appropriated funds.

49. Most Favored Public Entity: The Successful Bidder agrees that the prices charged the County under this Contract do not exceed existing selling prices to its other customers for the same or substantially similar items or services for comparable quantities under similar terms and conditions.

50. Conditions for Purchasing Elsewhere: Should the Successful Bidder fail to perform as specified, in accordance with the terms and conditions specified herein, the Purchasing Agent shall then have the right to procure goods and services in the open market or by contract, in which event the additional costs of such goods or services above the Contract price shall be charged against the Successful Bidder, and may be deducted from any funds payable or which may become payable to the

Successful Bidder.

The Purchasing Department may reject, at its sole discretion, any goods or services ordered from the Successful Bidder if they are delivered or performed subsequent to the placement of orders elsewhere.

51. Signatures Required for Legal Entities: Only certain persons are authorized to sign documents on behalf of legal entities. Without the correct signature(s), a document shall not be legally binding. Please use the chart below to determine which persons are authorized by law to sign documents and when to ask the document signer to show proof of authority to sign.

TYPE OF LEGAL ENTITY:

Company/Corporation or

Professional Service Corporation

(“Inc.,” Co.,” Corp.,” “Ltd.,”

“P.C.,”“Chartered,”“Chtd.,”

“Professional Association,” “P.A.”)

NO PROOF NEEDED IF

SIGNED BY:

President or

Vice President

IF SIGNED BY SOMEONE ELSE,

ENTITY MUST PROVIDE:

By-Laws, Articles of Incorporation, or a

Corporate Resolution

Partnerships

Partner

Statement of Partnership Authority

Limited Partnerships

(“L.P.” )

General Partner

Certificate of Limited Partnership

Limited Liability Company /

Corporation

(“LLC” or “LC”)

PROOF

ALWAYS

NEEDED

Operating Agreement of the LLC

Religious Corporations and Churches

By-Laws, Articles of Incorporation, or

Corporate Resolution

Limited Liability Partnerships and

Limited Liability Limited

Partnerships

(“L.L.P.” or “LLLP”)

Certificate of Limited Liability

Partnership and Partnership Agreement or Statement of Partnership Authority

Note: This chart does not cover unincorporated associations.

52. Certification Regarding Debarment, Suspension Ineligibility and Voluntary

Exclusion: The bidder/Offeror certifies, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any State or Federal department or agency. It further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal.

53. Safety: All contractors, subcontractors and vendors performing services for the

County are required and shall comply with all Occupational Safety and Health

Administration (OSHA), State and County Safety and Occupational Health

Standards and any other applicable rules and regulations. Also, all contractors, Subcontractors and vendors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.

Contractors and Vendors shall produce upon request of the County copies of any safety plans, policies, procedures, training records, OSHA 300 logs or any other related safety documentation.

54. Progress Payments and Retainage: Payment for Services: Construction progress-payment and retainage provisions do not apply to this service Contract unless expressly stated in the Special Terms and Conditions. Payment will be made only for services satisfactorily performed and accepted by the County and supported by complete required test reports, certifications, and a proper invoice.

The County shall make progress payments based on the contract price on the basis of the Contractor’s Applications for Payment Form submitted to the County on or about the last day of each month during performance of the work under this contract. All such payments will be measured by the schedule of values established by the contract documents. In the event that a schedule of values is not applicable to the project, payment will be made on the basis as described in other sections of the contract documents.

Prior to substantial completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payment previously made and less such amounts the County may withhold, including but not limited to liquidated damages, etc.:

A. 90 percent of work completed with the balance being retainage. If the work has been 50 percent completed and if the character and progress of the

Work have been satisfactory to the County, the Contractor may submit a written request to the County to decrease retainage to 5%. The County reserves the right to deny the request should the work not be satisfactorily completed as stated.

B. 90 percent of cost of materials and equipment stored but not yet incorporated in the work with the balance being retainage.

Upon substantial completion and if retainage has not been…