844772waterBalt.pdf

BALTIMORE COUNTY, MARYLAND

PURCHASING DIVISION

400 WASHINGTON AVENUE, ROOM 148

TOWSON, MARYLAND 21204-4665

REQUEST FOR BID NO. B-10000547

WATERPROOFING SERVICES, ON-CALL, TERM CONTRACT

Timeline

Issue Date September 21, 2026

Pre-Bid Meeting (Non-Mandatory) October 13, 2026, 11:00am

Webex

Question Submission Deadline October 30, 2026, 12:00pm

Due Deadline November 10, 2026, 3:00pm

Amendments to solicitations often occur prior to bid opening and sometimes within as little as

48 hours prior to bid opening. It is the potential vendor’s responsibility to frequently visit the

Procurement Portal at https://procurement.opengov.com/portal/baltimorecountymd to obtain amendments.

BALTIMORE COUNTY, MARYLAND

REQUEST FOR BID NO. B-10000547

WATERPROOFING SERVICES, ON-CALL, TERM CONTRACT

Table Of Contents

1. GENERAL INSTRUCTIONS FOR SOLICITATIONS

2. TIMELINE

3. INSURANCE PROVISIONS

4. QUESTIONS AND INQUIRIES; ADDENDA

5. GENERAL TERMS AND CONDITIONS

6. UTILIZATION OF BALTIMORE COUNTY’S DEPARTMENT OF ECONOMIC

AND WORKFORCE DEVELOPMENT

7. SPECIFICATIONS

8. PRICE SHEET

9. VENDOR REQUIRED FORMS

1. GENERAL INSTRUCTIONS FOR SOLICITATIONS

Instructions, Forms and Specifications

A. All offers are to be submitted on and in accordance with the forms provided by the Division of

Procurement Services. All offers must be submitted electronically as specified in the General

Conditions. Bid/Proposal times are either Eastern Standard Time or Eastern Daylight Time, whichever prevails. Late offers will not be considered.

B. Responses to Requests for Bids and Requests for Proposals shall be accompanied by an executed Procurement Affidavit, as provided by the Division of Purchasing Services. This does not apply to Requests for Quotations.

C. Amendments to solicitations often occur prior to offer opening and sometimes within hours prior to offer opening. All bidders are responsible for frequently visiting the Procurement Services web site to obtain amendments.

D. Additional information or clarification of any of the instructions or information contained herein may be obtained from the Division of Purchasing Services. 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 Division of Purchasing.

E. Offerors finding any discrepancy in or omission from the specifications, in doubt as to meaning, or asserting that the specifications are discriminatory, shall notify the Division of Purchasing

Services 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

Division of Purchasing Services will notify all offerors in writing, by amendment duly issued, of any substantive revisions to specifications or instructions.

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

G. Submission of a offer in response to this solicitation evidences the offeror’s acceptance of these

General Instructions and the terms and conditions of the solicitation. Submission of an offer evidences offeror’s representation and warranty that the person submitting the offer is authorized to act for and bind the contractor.

H. 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.

I. 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 Buyer, in writing.

Award of Solicitations

A. Any award pursuant to Requests for Quotation and Requests for Bid is made to the lowest responsive and responsible bidder following the public opening of bids under Section 10-2-406 of the Baltimore County Code, 2015, as amended.

B. Awards on Requests for Quotations and Requests for Bid will be made within sixty (60) days after bid opening unless otherwise indicated in this solicitation. No bidder will be allowed to withdraw a bid during that period.

C. The successful offeror may be required to give security or bond, as stated in the bid document, for performance of the contract.

D. 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 offer.

E. Cash discounts will be considered in determining awards. However, cash discount offers must allow not less than 30 days to be considered in offer evaluation. An offer offering a cash discount in a period of less than 30 days will be evaluated as an offer without a discount offer; however, should that offeror obtain award by consideration of the gross price, the County shall make every effort to obtain the discount. The County will not accept any payment terms with a period of less than 30 days.

F. Invoices against resulting order(s) must be submitted, to the Office of Budget and Finance, Disbursements Section, 400 Washington Avenue, Room 148, Towson, Maryland 21204-4665 or via email to disbursement@baltimorecountymd.gov with vendor name in the subject line. Invoices must show the vendor's Federal Tax Identification Number or Social Security

Number, as appropriate, and order number and line number(s) that correspond with resulting order(s).

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

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

I. The County reserves the right to consider making payments via electronic funds transfers (EFT) on contracts for which this payment vehicle may be appropriate.

Public Information, Proprietary And Confidential Information:

A. The County operates under the Maryland Public Information Act, which permits access to most records and documents.

B. Bids/Proposals will be available for public inspection after the award announcement, except to the extent that a Contractor designates trade secrets or other proprietary data to be confidential. It is the responsibility of the bidder/offeror to clearly identify each part of their bid/proposal that it believes is confidential or proprietary by identifying each pertinent page with the clearly legible words "confidential" or ''proprietary". The bidder/offeror agrees, with regard to any portion of the bid/proposal that is not identified as ''proprietary" or "confidential" that it believes, and expressly permits, the County to deem it not to be proprietary or confidential. A

Contractor's designation of material as confidential will not necessarily be conclusive, and the

Contractor may be required to provide justification why such material should not be disclosed, on request, under the Maryland Public Information Act, State Government Article, Sections §§

10-611 through 10-628, of the Annotated Code of Maryland.

C. Failure to comply may result in disclosure of unmarked information or rejection of improperly designated confidential material.

Reservations

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

B. The County may waive formalities in offers as the interests of the County may require.

C. The County reserves the right to increase or decrease quantities by approximately twenty (20) percent to be purchased at the prices offered.

D. 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.

E. 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 increase estimated maintenance and repair costs to the County.

F. 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.

G. 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 Baltimore 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.

H. The County further reserves the right to make such investigation as it deems necessary to determine the ability of offerors to furnish the required services, and offerors shall furnish all such information for this purpose as the County may request. The County also reserves the right to reject the offer of any offeror 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.

Delivery

A. Offerors 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.

B. 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.

C. All offerors and vendors/contractors 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.

Competition

A. 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.

B. An offeror may offer a price on only one unit per line item. Even though two or more units may meet the specification, offerors must determine for themselves which to offer. Submission by an offeror of prices for more than one unit shall be sufficient cause for rejection of the offer for that specific item.

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

D. All offers must be accompanied by such descriptive literature as may be called for by the specifications or offers.

E. 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

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

F. 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 offerors.

G. Unless multiple or alternate offers are requested in the solicitation, these offers may not be accepted. However, if an offeror clearly indicates a base offer, it shall be considered for award as though it were the only offer submitted by the offeror.

Terminations

A. 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.

B. Termination for Default:

1. 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.

2. 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.

Hold Harmless – Indemnification

A. 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.

B. 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.

C. 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.

Minority/Women’s Business Enterprise (MBE/WBE) and Small Business Notice

Baltimore County is seeking Minority, Woman and Small Businesses to offer on current solicitations as a prime or subcontractor. In accordance with the Executive Order 2022-005 dated December 6, 2022, “an overall goal of 30% of the cumulative total of all discretionary dollars spent in a fiscal year of County procurements is to be awarded to and/or performed by MBE and WBE firms.” Refer to the section entitled Minority Business Enterprise and Women Business Enterprise Requirements

(MBE/WBE) for the current required goal. MBE/WBE’s and Small Businesses are encouraged to respond to this solicitation.

Authority

A. 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.

B. Offerors desiring to appeal a decision of the Division of Procurement Services must deliver written protests to the Division of Purchasing Services within 10 days of notification of award. The Purchasing Agent or designee will review the protested decision, examine any additional information provided by the offeror and respond in writing within 10 working days of receipt of written protests.

C. Instructions, Specifications, and Proposals are issued, and all bids, quotations, orders, and purchases are made pursuant and subject to the provisions of the Baltimore County Charter, and Article 10, Title 2 of the Baltimore County Code, 2015, as amended, and regulations and policies established or prescribed by the Division of Purchasing Services.

HIPAA

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.

Reports

When required, reports prepared for Baltimore County should be printed on recycled and recyclable paper printed on both sides per Section 10-2-312 of the Baltimore County Code, 2015, as amended.

Terms of Contract

A. Any contract awarded pursuant to this solicitation shall be by and between the successful offeror 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 an offer in response to this solicitation evidences the Contractor’s acceptance of the terms and conditions therein.

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

C. 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.

Severability

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.

Counterparts

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.

Survival

The provisions of paragraphs 1.7 (Representations and Warranties), 4.2 (Damages), 7

(Indemnification), and 10 (HIPAA) shall survive delivery of commodities and/or performance of services.

No Waiver, Etc.

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.

Maryland Registration / Qualification Requirements

A. Baltimore County verifies the company’s status with SDAT and may require the successful offeror 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.

B. 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 https://businessexpress.maryland.gov/.

If you need additional assistance call (410) 767-1184.

C. Baltimore County requires the successful offeror 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. Baltimore County verifies the successful offeror’s status with

SDAT. Non-compliance to this section may result in a delay in contract award or rejection of an offer.

Eligibility of Candidates for Employment

A. The E-Verify program is an internet-based employment verification system that allows employers to verify employee status against Federal Social Security and immigration databases.

B. Baltimore County encourages employers to utilize the E-verify program, or an equivalent system, as a means to help employers determine the eligibility of new hires.

Warranty

A. 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.

B. 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.

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

https://businessexpress.maryland.gov/

D. 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.

American Manufactured Goods Required for Public Works

A. The Contractor shall comply with Section 14-416 of the Maryland State Finance and

Procurement Article which requires a contractor or subcontractor to use or supply American

Manufactured goods in the performance of a contract for (a) constructing or maintaining a public work; or (b) buying or manufacturing machinery or equipment that is to be installed at a public work site, as the same may be amended from time to time.

B. This section does not apply: (a) if Baltimore County determines that: (i) the price of the American manufactured goods exceeds the price of a similar manufactured good that is not manufactured in the United States by an unreasonable amount; (ii) the item or a similar item is not manufactured or available for purchase in the United States in reasonably available quantities;

(iii) the quality of the item or a similar item manufactured in the United States is substantially less than the quality of a comparably priced, similar, and available item that is not manufactured in the United States; or (iv) the procurement of a manufactured good would be inconsistent with the public interest; or (b) to emergency life safety and property safety goods.

C. The Contractor shall certify to Baltimore County whether the offered goods and/or services are provided in the United States.

Recycled and Environmentally Preferable Products and Services.

A. Under Executive Order 2025-01, County agencies are encouraged to buy recycled and environmentally preferable products and services. Recycled products include recycled material, especially post-consumer material. Environmentally preferable products and services are those with a reduced effect on human health and the environment when compared with competing products that serve the same purpose. These products include those that minimize the consumption of energy and water; prevent the creation of solid waste, air pollution or water pollution; minimize the use of materials or processes which compromise the environment;

and/or promote the use of non-toxic substances and avoid toxic materials or processes.

B. Baltimore County favors recycled and environmentally preferable products and services. All vendors are strongly encouraged to offer such products in response to solicitations and to assist the County in documenting recycled and environmentally preferable results.

2. TIMELINE

Issue Date: September 21, 2026

Pre-Bid Meeting (Non-Mandatory): October 13, 2026, 11:00am

Webex

Question Submission Deadline: October 30, 2026, 12:00pm

Due Deadline: November 10, 2026, 3:00pm

3. INSURANCE PROVISIONS

3.1. General Requirements

Coverages Required:

Unless otherwise required by the specifications or the contract, the Contractor/Vendor shall purchase and maintain the insurance coverages listed herein.

Insurance Companies must be acceptable to Baltimore County and have an A.M. Best Rating of A-, Class X or better.

Verification of Insurance:

Before starting work on the contract or prior to the execution of the Contract on those bid, the

Contractor/Vendor shall provide Baltimore County, Maryland with verification of insurance coverage evidencing the required coverages.

Baltimore County as Additional Insured:

The coverage required, excluding Worker’s Compensation and Employers’ Liability and Medical

Malpractice Liability/Professional Liability/Errors and Omissions Liability, must include Baltimore

County, Maryland as an additional insured.

Contractor's/Vendor's Responsibility:

The providing of any insurance herein does not relieve the Contractor/Vendor of any of the responsibilities or obligations the Contractor/Vendor has assumed in the contract or for which the

Contractor/Vendor may be liable by law or otherwise.

Failure to Provide Insurance:

Failure to provide and continue in force the required insurance shall be deemed a material breach of the contract.

3.2. Insurance Coverages

A. General Liability Insurance

1. Minimum Limits of Coverage:

2. Personal Injury Liability and Property Damage Liability Combined Single Limit - $1,000,000 each occurrence

3. Such insurance shall protect the Contractor/Vendor from claims which may arise out of, or result from, the Contractor's/Vendor's operations under the contract, whether such operations be by the Contractor/Vendor, any subcontractor, anyone directly or indirectly employed by the Contractor/Vendor or Subcontractor, or anyone for whose acts any of the above may be liable.

4. Minimum Coverages to be Included:

a. Independent Contractor's coverage;

b. Completed Operations and Products Liability coverage; and

c. Contractual Liability coverage.

5. Damages not to be Excluded:

Such insurance shall contain no exclusions applying to operations by the

Contractor/Vendor or any Subcontractor in the performance of the Contract including but not limited to: (a) Collapse of, or structural injury to, any building or structure; (b) Damage to underground property; or (c) Damage arising out of blasting or explosion.

B. Automobile Liability Insurance

1. Minimum Limits of Coverage:

Bodily Injury Liability and Property Damage Liability

Combined Single Limit - $1,000,000 any one accident

2. Minimum Coverages to be Included:

Such insurance shall provide coverage for all owned, non-owned and hired automobiles.

C. Workers' Compensation and Employers' Liability Insurance

1. Such insurance must contain statutory coverage, including:

Employers' Liability insurance with limits of at least:

Bodily Injury by Accident - $1,000,000 each accident

Bodily Injury by Disease - $1,000,000 policy limit

Bodily Injury by Disease - $1,000,000 each employee

D. Other

Such other insurance in form and amount as may be customary for the type of business being undertaken by the Contractor/Vendor.

4. QUESTIONS AND INQUIRIES; ADDENDA

A. Questions will be entertained at the conference. If it becomes necessary to revise any part of this RFB, addenda will be posted on through the Procurement Portal at https://procurement.opengov.com/portal/baltimorecountymd.

B. Bidders must acknowledge, through the Procurement Portal, receipt of all addenda. All official correspondence in regard to the specifications should be directed to and will be issued by the

Division of Procurement Services. Bidders are cautioned that the County assumes no responsibility for oral explanations or interpretations of solicitation documents.

C. The deadline for written questions pertaining to this solicitation is 12:00 pm on Friday, October 30, 2026.

5. GENERAL TERMS AND CONDITIONS

https://procurement.opengov.com/portal/baltimorecountymd

5.1. Scope

A. It is the intention of these specifications that the vendor hereunder shall furnish and Baltimore

County shall purchase services covered by this contract which the County may require during the period of time specified. The quantities shown are approximate and are for the purpose of bid evaluation.

B. The County reserves the right to order services that may be required during the said period, and it also reserves the right not to order services bid upon by the vendor, if it is found that such services are not required by the County during the period covered by this contract.

5.2. Term of Agreement

A. The term of the contract shall become effective May 17, 2027 and continue through one (1) year. The County reserves the right to renew this contract for up to four (4) additional one-year renewal options under the same terms and conditions. The County will automatically renew the contract on each option year unless notice is given to the Contractor that the contract is not renewed.

B. If price adjustments are requested pursuant to the terms of the contract, the Contractor must notify the Baltimore County Division of Procurement Services at least ninety (90) days prior to the current term's expiration date.

C. The Contractor must maintain the insurance coverages required by the County while the contract is in force, including automatic renewal terms, and shall provide documentation of such insurance in a form satisfactory to the County when required.

5.3. Prices

Prices quoted must remain firm for the period covered by the contract, unless price escalation is herein specified. Prices quoted shall include delivery costs and charges. Requests for fuel surcharges will not be entertained.

5.4. Additions to the Contract

Baltimore County reserves the right to add additional services to this contract at any time during the term of this agreement. The Contractor will be notified of the County’s intent to include said services within the constraints of this agreement. The Contractor shall quote a price for the requested services. The quote shall be submitted in writing to the Purchasing Agent for review. Baltimore

County reserves the right to accept or reject the Contractor’s proposal. If rejected, the County shall solicit bids on the open market for the required services. Award of new services to a current contractor’s agreement shall conform to the intent of the solicitation under section titled METHOD OF

AWARD. Successful bidder will be notified in writing of the inclusion of the new services.

5.5. Purchase Orders

Purchase orders will be issued from time to time by the purchasing agent for such quantities as to satisfy requirements of the County. Specific quantities and delivery information will be indicated on purchase orders. Each purchase order will refer to the supplier contract number. Purchase orders issued within the term of the contract, even if not completed within the term of the contract, shall continue to be bound by the terms and conditions herein.

Any change orders necessitated by unforeseen conditions or change of scope shall be charged at the rates of the original PO regardless if an increase has occurred in the Supplier Contract.

5.6. Cooperative Purchase

A. The County 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 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.

B. 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.

C. In addition, all prices, terms, conditions, and services stipulated by the contract resulting from this solicitation shall be extended by the Contractor to Baltimore County Board of Education, Baltimore County Library System, and the Community Colleges of Baltimore County. Baltimore

County Office of Budget and Finance assumes no obligation on behalf of these agencies.

5.7. Multi-Agency Procurement

Baltimore County reserves the right to extend the terms and conditions of this contract to any and all other County agencies requiring these goods and services. A purchase order will be issued against the original supplier contract, confirming the contracted pricing and giving quantity and delivery requirements.

5.8. Escalation (CONSUMER PRICE INDEX)

A. All unit prices offered herein shall be firm against any increase for one (1) year from the effective date of the contract. Prior to commencement of subsequent renewal terms, 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 5% increase on the current pricing, whichever is lower.

B. 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.

C. 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 one (1) year from the date of the increase.

D. For landfill charges, the Contractor must provide bona-fide documents from the landfill verifying the price increase for landfill charges/tipping fees. Increases shall be limited to actual cost increases to the

Contractor.

5.9. Recycled Components

Bidders must indicate what, if any, percentage of the products provided or used in performing this contract contain recycled components.

5.10. 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 any obligation or penalty.

5.11. Contractor Qualifications

A. At the option of the County, bidders may be required to furnish evidence of sufficient financial responsibility to fulfill this contract, and evidence that they have, or can obtain the necessary equipment, manpower, and storage facility to ensure delivery within the parameters of this contract.

B. Bidders must provide at least three (3) references (names of contact persons, email addresses and phone numbers) of contracts with similar size and scope serviced during the past eighteen

(18) months.

C. Prior to award of this contract, the County reserves the right to inspect the facilities of any bidder. The reputation of bidders regarding adequacy of their resources and facilities, and past records of their skillful performance of work of the type and magnitude required herein shall be considered when making the award.

5.12. Background Checks

Criminal background checks must be procured and provided to the County, at no cost to the County, for any and all Vendor or subcontractor personnel that have the ability to view or access any County data. The Vendor must provide copies of such background checks to the County before any such personnel will be permitted to access the County's data. If such background check is not provided to the County, or is determined to be unacceptable, the County reserves the right to require the Vendor or subcontractor to provide alternate personnel. In addition, failure to provide such background check may be deemed to be a default under the contract.

5.13. Temporary Suspension of Work

During the progress of any work, the Contractor may suspend work via written permission of the

BCPM, or the designated representative, wholly or in part, for such period or periods as the BCPM may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the suitable prosecution of the work. If it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede the public unnecessarily, nor become damaged in any way, and they shall take every precaution to prevent damage or deterioration of the work performed. When conditions warrant resumption of work on the project, the Contractor shall notify the BCPM, or the designated representative, twenty-four (24) hours in advance and shall proceed with the work only when and if authority is granted by the BCPM, or the designated representative. Any work performed without approval by the BCPM, or the designated representative, will be at the Contractor’s risk, and he shall be held liable for removal of any such work.

5.14. Applicable General Conditions and Specifications

All work performed under this contract shall be done under strict compliance with the General

Conditions and Specifications, and with the “Baltimore County Standard Specifications for

Construction and Materials” dated February 2000, “Supplemental Specification to the Standard

Specification and Materials” dated December 1, 2000 and May, 2000, and subsequent addenda thereto, so far as the same may be applicable, a copy of the same being on file in the Office of the

County Executive, the Office of the Director of Public Works for Baltimore County. The General

Conditions, Specifications, and Design/Build Standard Specifications sections are in addition to the

County’s Standard Specifications for Construction. In the event of a conflict between the two, the

General Conditions and Specifications Section, and Standard Terms and Conditions for the solicitation will take precedence.

5.15. Guarantee

The warranty period of five (5) years is to be for the waterproofing materials, from the material’s manufacturer. Labor warranty period is for two (2) years. A written copy of the warranty will be required prior to acceptance of the system by Baltimore County.

5.16. "Sample" Form Contract

A. A sample of the County’s form contract may be found on the Baltimore County website at https://www.baltimorecountymd.gov/departments/budfin/purchasing/opportunities-bid-results-and-active-contracts. The vendor’s submission without identifying exceptions expressly acknowledges and formally evidences the vendor’s acceptance of all terms and conditions of the form contract. Any and all exceptions must be submitted in writing in the Vendor’s response.

B. If the Vendor submits an exception, which alters the County’s risk, liability, exposure in, or the intent of this procurement, the County reserves the right in its’ sole and absolute discretion to deem the vendor non-responsive.

C. All Vendors further understand and agree that the County will accept no vendor exceptions to the form contract at any time after submission.

5.17. Electronic Submittal Process

A. The cost of preparing bids is the responsibility of bidders.

B. To be considered, bids shall be received by the bid closing date and time. Bids may not be submitted by any other means. Bids that are mailed or otherwise delivered to the Purchasing

Division (including emails which indicate links to locations where the bid may be downloaded) and/or emails sent to any other Baltimore County email address will not be accepted.

https://www.baltimorecountymd.gov/departments/budfin/purchasing/opportunities-bid-results-and-active-contracts https://www.baltimorecountymd.gov/departments/budfin/purchasing/opportunities-bid-results-and-active-contracts

C. Late bids will not be considered. Bidders are strongly encouraged not to wait until the last minute to submit bids. The time stated by OpenGov will be definitive of the time of receipt. Bids received after the deadline will not be accepted. Multiple part bids will not be considered unless all parts are received by the bid closing date and time.

D. After submitting a bid through the Procurement Portal, and upon successful receipt by the

County thereof, bidders will receive an auto-receipt email. This receipt is proof that the bid has been received by the Purchasing Division and should be retained for bidder’s records.

E. As with any system, power outages or technology problems may arise that are outside of the

County’s control and could affect your submission. The County will not be held accountable for such issues that may delay the transmission of any bid.

F. The County reserves the right to waive minor irregularities in conjunction with bids.

5.18. Pre-Bid Conference

A. A pre-bid teleconference is scheduled for Tuesday, October 13, 2026 at 11:00 am, Webex.

Prospective Bidders should contact the Buyer at mlee3@baltimorecountymd.gov to be added to the registration list for the teleconference. The deadline to register for the Pre-Bid conference is October 9, 2026

B. The purpose of the conference is to clarify any parts of the solicitation and answer questions which may be pertinent to the request. Any significant changes to the solicitation as a result of the discussions at the pre-bid conference will be posted by amendment.

C. INCLEMENT WEATHER NOTICE: In the case of inclement weather, please check the

Baltimore County website for notice of County Office closings, delayed opening or granting of

Liberal Leave. If any of these conditions exist on the day of the pre-proposal meeting, the meeting will be rescheduled at a later date.

5.19. Insurance

A. The Contractor will be required to provide verification of insurance coverage to include

Endorsement Page(s) for each carrier in accordance with the attached requirements. The

Contractor will have fifteen (15) calendar days from receipt of notice of intent to award in which to comply with this requirement, excluding County holidays and non-work days, if applicable.

B. The Insurer must maintain the insurance coverage required by the County while the contract is in force, including renewal terms, and shall provide documentation of such insurance in a form satisfactory to the County when required.

C. In the event the Contractor changes its insurance carrier, new verification of insurance coverage and Endorsement Page(s) must be provided to the County by the new insurance carrier within ten (10) days of the change of policy.

5.20. County Holidays

• New Year's Day

• MLK, Jr. Birthday

• Presidents' Day

• Memorial Day

• Juneteenth Day

• Independence Day

• Labor Day

• Indigenous People’s Day

• General Election Day (each even year)

• Veterans' Day

• Thanksgiving Day

• Christmas Day

5.21. Method of Award

Award of this contract may be in whole or in part, in accordance with Sec. 10-2-406 of the Baltimore

County Code, 2015, as amended. The County reserves the right to make multiple awards, on an individual item basis, combination item basis or lump sum basis, whichever is in the best interest of the County, effectively the lowest responsive, responsible bidders. Past performance of bidders in furnishing goods and services to Baltimore County will be considered in determining the award.

If multiple awards are made, it is the intention of Baltimore County to issue work equally to all contractors in a general rotation, however, the assignment of work shall be at the sole discretion of

Baltimore County. Any claim of any contractor against the County for extra compensation or damages, arising out of the assignment of work by the County, shall be deemed to have been waived by all contractors. In addition, the County reserves the right to award individual jobs on a specific rotation basis, based on demonstrated areas of experience and expertise, or based on job location.

5.22. Minority Business Enterprise And Women Business Enterprise Requirements

(MBE/WBE)

The resulting minority and women business participation requirement for this contract is 25%.

A. Each Prime Contractor must comply with all Minority Business Enterprise and Women

Business Enterprises (MBE/WBE) participation requirements. Included with this solicitation package are copies of the County’s MBE/WBE policy and provisions and MBE/WBE participation schedule forms. All MBE/WBE participation forms must be completed, executed, and returned with the bid, proposal or qualifications if a goal has been assigned. MBE/WBE participation forms are available online at www.baltimorecountymd.gov/go/mwbe or you may contact the buyer on the solicitation.

https://www.baltimorecountymd.gov/go/mwbe

B. The Prime Contractor shall comply with the required participation levels on a cumulative basis for the full term of the contract. The Prime Contractor shall estimate the participation level (for the full term of the contract) for each subcontractor and/or supplier listed on the participation schedule.

C. If no minimum participation level has been assigned, the Prime Contractor shall nevertheless make a genuine good faith effort to comply with the County’s MBE/WBE minimum participation goal even if the Prime Contractor has the capability to complete the work with its own workforce. The Prime Contractor shall make a good faith effort to obtain MBE/WBE subcontractor participation. The selected MBE/WBE subcontractor(s) must perform a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved.

Certified Minority-owned or Certified Women-owned Prime Contractors may count their participation for up to 50% of the solicitation goal. Certified firms must make a good faith effort to obtain MBE/WBE subcontractor participation for the remaining portion of the goal. Example: 20% MBE/WBE participation goal. Certified Minority-owned or Certified

Women-owned firm bidding as the prime may count for 10% of the goal provided they are self-performing the work. The remaining 10% must be subcontracted to an MDOT and/or City of

Baltimore certified firm.

If the materials or supplies are purchased from an MBE/WBE supplier, 60% of the cost of the materials or supplies from the certified MBE/WBE supplier will be counted toward the

MBE/WBE goal.

The failure of a Bidder to properly complete and submit the appropriate MBE/WBE plan forms and, if applicable, required Good Faith Effort (GFE) documentation shall result in the bid being deemed as nonresponsive and not susceptible of being selected for award.

D. Within 10 working days of receiving notification that the Bidder/Offeror is the apparent awardee, the Bidder shall provide the following documentation to the Buyer:

1. BCG FORM C-Subcontractor MBE-WBE SUBCONTRACTOR PARTICIPATION NOTICE

OF INTENT TO AWARD accompanied by a fully executed copy of the subcontract for each subcontractor.

2. Any other documentation required by the Buyer to ascertain Bidder’s/Offeror’s susceptibility of being selected for award in connection with the certified MBE/WBE participation goal.

NOTE: If the apparent awardee fails to return each completed document within the required time, THE PROCUREMENT OFFICER MAY DETERMINE THAT THE APPARENT

AWARDEE IS NOT RESPONSIBLE AND THEREFORE NOT SUSCEPTIBLE FOR

CONTRACT AWARD.

E. Prospective Bidders are advised to carefully review the Minority and Disadvantage Business

Enterprise Package…