846702fenceWash.pdf

Notice to Quoters and Instructions Marty Snook Park Playground Fence Q-26-822

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REQUEST FOR QUOTATION

MARTY SNOOK PLAYGROUND FENCE

NOTICE TO QUOTERS & INSTRUCTIONS

1. QUOTATION SUBMISSION: Quotations are to be submitted via the online bidding site ONLY, at https://washco-md.ionwave.net for “QUOTATION – (Q-26-820) MARTY SNOOK PLAYGROUND FENCE”. Facsimile, email, or Electronic Bids of any type other than through the new online bidding platform will not be accepted.

2. QUOTATION OPENING: Quotations must be received/submitted through the online bidding site at https://washco-md.ionwave.net no later than the date/time published online. Quotations will be opened and read at that time in the Washington County Administration Complex, Third Floor Conference Room 3000, 100 West Washington Street, Hagerstown, Maryland 21740. All interested parties are invited to attend. All quoters who wish to hear a reading of the quotes via teleconference shall call 240-313-2330 prior to the meeting to receive instructions.

3. PRE-QUOTATION CONFERENCE/TELECONFERENCE:

A Pre-Quotation Conference/Teleconference will be held in person and via teleconference in the Washington County Administration Complex, Third Floor Conference Room 3000, 100 West Washington Street, Hagerstown, Maryland 21740, on the date/time published online, at which time County personnel will be present to answer any questions. All interested quoters wishing to take part in the meeting by teleconference shall call 240-313-2330 prior to the meeting to receive instructions. All interested quoters are requested to take part in the conference/teleconference.

Participation in this meeting is not mandatory, but it is strongly encouraged. A site visit will be held immediately following the Pre-Quote Conference.

NOTE: All Quoters must enter the Washington County Administrative Complex through either the front door at the 100 West Washington Street entrance or through the rear entrance (w/blue canopy roof) which is handicap accessible and must use the elevator to access the Washington County Office of Procurement to attend the Pre-Quotation Conference and/or the Quotation Opening. Alternate routes are controlled by a door access system. The general public will be subject to wand search and will be required to remove any unauthorized items from the building prior to entry. Prohibited items include but are not limited to: Weapons of any type; Firearms, ammunition and explosive devices, Cutting instruments of any type – including knives, scissors, box cutters, work tools, knitting needles, or anything with a cutting edge, etc.: Pepper spray, mace or any other chemical defense sprays; and Illegal substances.

4. RESPONSIBILITY OF CONTRACTOR: Before submitting a quote, each Contractor shall visit the site(s) and shall be responsible for knowledge of the conditions affecting the work. The act of submitting a quote is to be considered acknowledgement of the Contractor that he/she has inspected the site(s) and are familiar with the conditions, location and quantities of the work, and requirements and shall submit his/her quote accordingly. To gain access to the site(s), Contractor shall contact Danny Hixon at 240-313-2702.

https://washco-md.ionwave.net/

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5. AWARD OF CONTRACT: The Total Lump Sum shall be used as the basis for evaluation of quotations and award of the Contract. If an award of Contract is made, the County reserves the right to award to the responsive, responsible Contractor who submits the lowest Total Lump Sum Quote. The contract will be awarded to the Contractor whose proposal, conforming to this request, will be the most advantageous to the County. Carelessness in quoting prices, or in preparation of quotation otherwise, will not relieve the Contractor. Erasures or changes in quotations must be initialed.

6. DELIVERY/INSTALLATION: By submission of his/her proposal, the Quoter agrees to commence work under this Contract upon receipt of the Notice to Proceed (a purchase order), prosecute the work diligently, and substantially complete the work no later than twenty-one

(21) calendar days after Notice to Proceed.

7. DISCOUNTS: Quoted prices are to be net thirty (30) calendar days; all discounts are to be deducted and reflected in net prices.

8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND

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

9. DISPUTES: In cases of disputes as to whether or not an item or service quoted or delivered meets specifications, the decision of the County Commissioners or authorized representative shall be final and binding on both parties. The County’s Director of Procurement may request in writing the recommendation of the head of the County agency using the item or materials, or other objective sources.

10. EQUAL OPPORTUNITY: The Board of County Commissioners of Washington County, Maryland does not discriminate on the basis of race, color, national origin, sex, religion, age and disability in employment or the provision of services. Individuals requiring special accommodation are requested to contact the Procurement Department at 240-313-2330 Voice,TDD Dial 711 to make arrangements no later than seven (7) calendar days prior to the Pre- Quotation Conference and/or Quotation Opening.

11. EXCEPTION: The submission of a quote shall be considered an agreement to all items, conditions, and specifications provided herein and in the various quotation documents unless specifically noted otherwise in the proposal.

12. GENERAL: This Request for Quotation, the Notice to Quoters & Instructions, the Scope of

Work/Installation/Operation, the Specifications, the Insurance Requirements for Independent Contractors, and the Government-Wide Debarment and Suspension, bound herewith, shall be deemed a part of the Contract documents for any and all divisions of the work and shall be referred to in interpreting said contract.

13. INSURANCE: Prior to issuance of a Purchase Order/Notice to Proceed and no later than twenty-four (24) hours after the deadline for receipt of quotations, the successful Quoter must show

Q-26-822 evidence of insurance as outlined in the copy of Washington County’s – Insurance Requirements for Independent Contractors Policy included herein.

14. INSTALLATION: All costs associated with installation shall be included in the quoted price.

15. INTERPRETATION, DISCREPANCIES, OMISSIONS: Should any Quoter find discrepancies in, or omissions from the documents or be in doubt of their meaning, or feel that the specifications are discriminatory, he/she should at once request, in writing via the online bidding platform at https://washco-md.ionwave.net, an interpretation from the Washington County Office of Procurement.

All necessary interpretations will be issued to all Quoters by the Washington County Director of

Procurement in the form of addenda to the specifications, and such addenda shall become part of the Contract Documents. Exceptions taken in no way obligate the County to change the specifications. Failure of any Quoter to receive any such addendum or interpretation shall not relieve such Quoter from any obligation under his/her quote as submitted. The County will assume no responsibility for oral instructions or suggestions. ORAL ANSWERS WILL NOT BE BINDING ON THE COUNTY. Any requests received after the date/time published online may not be considered.

16. LIQUIDATED DAMAGES: Liquidated damages shall be applied at the rate of fifty dollars

($50.00) per calendar day for each calendar day that the Contractor fails to perform the required services in the specified month.

17. LUMP SUM PROPOSAL: A lump sum proposal is being requested for furnishing and installing the specified fence items. The total quotation shall include the cost of any and all permits and/or fees, the cost of all applicable seals and other taxes required by local, state and federal laws, the cost of bonds and insurance required herein, the cost of all material, labor, tools, equipment, transportation, landfill user fees, superintending and other services and facilities of every nature whatsoever or as may be necessary to complete the work as described in the specifications.

18. PAYMENT: Payment will be made within thirty (30) days after satisfactory acceptance. All invoices shall include the amount(s) stipulated on the Form of Proposal for services satisfactorily rendered and approved by the respective department representative where the service was provided. Invoices shall be submitted to the Washington County Public Works, 100 West Washington Street, Hagerstown, Maryland 21740.

19. PAYMENT OF COUNTY AND MUNICIPAL TAXES: Effective October 1, 1993, in compliance with Section 1-106(b)(3) of the Code of the Public Local Laws of Washington County, Maryland, "If a Bidder has not paid all taxes owed to the County or a municipal corporation in the County, the County Commissioners may reject the Bidder's bid."

20. POLITICAL CONTRIBUTION DISCLOSURE: In accordance with Maryland Code, State

Finance and Procurement Article, §17-402, the Bidder shall comply with Maryland Code, Election Law Article, Title 14, which requires that every person that enters into contracts, leases, or other agreements with the State, a county, or any incorporated municipality, or their agencies during a calendar year in which the person receives in the aggregate $100,000 or more, shall file with the State Administrative Board of Election Laws a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election. The statement shall be filed with the State Administrative Board of Election Laws: (1)

Q-26-822 before a purchase or execution of a lease or contract by the State, a county, an incorporated municipality or their agencies, and shall cover the preceding two (2) calendar years; and (2) if the contribution is made after the execution of a lease or contract, then twice a year, throughout the contract term, on: (a) February 5, to cover the 6-month period ending January 31; and (b) August 5, to cover the 6-month period ending July 31.

21. QUALIFICATIONS: The Owner may make such investigations as he/she deems necessary to determine the ability of the Quoter to perform the work, and the Quoters shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted by or investigation of, such Quoter fails to satisfy the Owner that such Quoter is properly qualified to carry out the obligation of the Contract and to complete the work contemplated therein. Conditional quotations will not be accepted.

22. REGISTRATION WITH THE MARYLAND DEPARTMENT OF ASSESSMENT AND

TAXATION: Prior to contracting, private corporations must either be incorporated in the State of Maryland or registered with the Maryland Department of Assessments and Taxation as a foreign corporation and must be in good standing. Proof of such standing is required prior to the start of the contracting process and shall remain in good standing during the contract period. The website for the Maryland State Department of Assessments and Taxation is:

http://dat.maryland.gov/businesses/Pages/default.aspx, and the phone numbers for the Maryland Department of Assessments and Taxation are: (410) 767-1184 or (888) 246-5941.

23. RESERVATIONS: The Board of County Commissioners of Washington County, Maryland reserves the right to reject any and/or all quotes, to waive formalities, informalities, and technicalities therein. The Board reserves the right to contact a Quoter for clarifications and may, at its sole discretion, allow a Quoter to correct any and all formalities, informalities, and technicalities in the best interest of Washington County, Maryland.

24. SALES TAX: Washington County Government is exempt from State of Maryland Sales Tax. The

County’s Maryland Sales Tax Exemption Number is 3000129 2. The County will provide a sales tax exemption certificate for the items provided under this contract.

25. SUBSTITUTIONS: All equipment is to be supplied in exact accordance with the specifications.

Any Bidder who contemplates offering a product that differs from that specified must obtain the County’s written approval prior to bid opening. Substitution requests must be received in the Procurement Department no later than the published date/time. Requests received after the specified date/time will not be considered. All such decisions will be considered final and not subject to further recourse.

26. TRADE NAMES/SUBSTITUTIONS: In cases where an item is identified by a manufacturer’s name, trade name, catalog number, or reference it is understood that the Quoter proposes to furnish the item so identified and does not propose to furnish an “equal/substitution” unless submission of an “equal/substitution” is stated otherwise as permissible. Any Quoter who contemplates offering a product that differs from that specified must obtain the County’s written approval by submission of his/her request no later than the deadline for receipt of substitution requests as stated herein.

The reference to the above catalog is intended to be descriptive but not restrictive and only to indicate to the prospective Quoter articles that will be satisfactory. Quotes on makes and catalogs will be considered, provided each Quoter clearly states on the face of his/her proposal exactly what he/she proposes to furnish, and forwards with his/her bid, a cut, illustration, or other descriptive matter which will clearly indicate the character of the article covered by his/her Quote. The http://dat.maryland.gov/businesses/Pages/default.aspx

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Director of Procurement hereby reserves the right to approve as an equal, or to reject as not being an equal, any article the Quoter 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 are required to be submitted with the Quote, and after award and before manufacture or shipment, the successful Quoter may be required to submit working drawings or detailed descriptive data sufficient to enable the Director of Procurement to judge if each requirement of the specifications is being complied with.

27. TIME OF COMPLETION: By submission of his/her proposal, the Quoter agrees to commence work under this Contract upon receipt of the Notice to Proceed (a purchase order), prosecute the work diligently, and substantially complete the work no later than twenty-one (21) calendar days after Notice to Proceed.

Scope of Work

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MARTY SNOOK PLAYGROUND FENCE

REQUEST FOR QUOTATION

SCOPE OF WORK/INSTALLATION/OPERATION

1. SCOPE OF WORK:

Furnish and install a 4 ft high black polyolefin-coated chain-link perimeter fence around a new playground at Marty Snook Park located at 17091 Halfway Blvd, Hagerstown, MD. The project shall also include furnishing and installing a 5 ft wide pedestrian gate and installation of a County-provided 8 ft square tube aluminum double custom main entry gate. Furnish and install self-closing and latching hardware on both gates. The double main entrance gate shall include a lockable flush bolt on the fixed gate.

2. SUMMARY OF ATTACHMENTS:

Attachment No. 1: Project Site Plan View and Gate Elevation Attachment No. 2: Material Specifications

Insurance Requirements for Independent Contractors

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POLICY TITLE: Insurance Requirements for Independent Contractors

ADOPTION DATE: August 29, 1989

EFFECTIVE DATE: September 1, 1989

FILING INSTRUCTIONS:

I. PURPOSE

To protect Washington County, Maryland against liability, loss, or expense due to damaged property, injury to or death of any person or persons and for care and loss of services arising in any way, out of, or in connection with or resulting from the work or service performed on behalf of Washington County, Maryland.

II. ACTION

The following should be inserted in all Independent Contractor Contracts:

"The Contractor shall procure and maintain at his sole expense and until final acceptance of the work by the County, insurance as hereinafter enumerated in policies written by insurance companies admitted in the State of Maryland, have A.M. Best rating of A- or better or its equivalent, and acceptable to the County."

1. Workers Compensation: The Contractor agrees to comply with Workers Compensation laws of the State of Maryland and to maintain a Workers Compensation and Employers Liability Policy.

Minimum Limits Required:

Workers Compensation - Statutory Employers Liability - $100,000 (Each Accident)

$500,000 (Disease - Policy Limit) $100,000 (Disease - Each Employee)

2. Comprehensive General Liability Insurance: The Contractor shall provide

Comprehensive General Liability including Products and Completed Operations.

$1,000,000 combined single limit for Bodily Injury and Property Damage.

Such insurance shall protect the County, its agents, elected and appointed officials, commission members and employees, and name the Board of County Commissioners of Washington County, Maryland on the policy as additional insured against liability, loss or expense due to damaged property (including loss of use), injury to or death of any person or persons and for care and loss of services arising in any way, out of, or in connection with or resulting from the work of service performed on behalf of Washington County, Maryland.

Insurance Requirements for Independent Contractors

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2. Comprehensive General Liability Insurance (continued)

The Contractor is ultimately responsible that Subcontractors, if subcontracting is authorized, procure, and maintain at their sole expense and until final acceptance of the work by the County, insurance as hereinafter enumerated in policies written by insurance companies admitted in the State of Maryland, have A.M. Best rating of A- or better or its equivalent, and acceptable to the County.

3. Business Automobile Liability: The Contractor shall provide Business Auto Liability including coverage for all leased, owned, non-owned and hired vehicles.

$1,000,000 combined single limit for Bodily Injury or Property Damage.

Certificate(s) of Insurance: The Contractor shall provide certificates of insurance requiring a 30-day notice of cancellation to the Procurement Department, Board of County Commissioners of Washington County, Maryland prior to the start of the applicable project.

Approval of the insurance by the County shall not in any way relieve or decrease the liability of the Contractor. It is expressly understood that the County does not in any way represent that the specified limits of liability or coverage or policy forms are sufficient or adequate to protect the interest or liabilities of the Contractor.

All responsibility for payment of any sums resulting from any deductible provisions, corridor, or self-insured retention conditions of the policy or policies shall remain with the Contractor.

General Indemnity: The Contractor shall indemnify, defend and save harmless the Board of County Commissioners of Washington County, Maryland, its appointed or elected officials, commission members, employees and agents for any and all suits, legal actions, administrative proceedings, claims, demands, damages, liabilities, interest, attorneys fees, costs and expenses of whatsoever kind of nature, whether arising before or after final acceptance and in any manner directly or indirectly caused, occasioned or contributed to in whole or in part by reason of any act, error or omission, fault or negligence whether active or passive by the Contractor, or any one acting under its direction, control or on its behalf in connection with or incident to its performance of the Contract.

Revision Date: August 27, 1991 Effective Date: August 27, 1991 Revision Date: March 4, 1997 Effective Date: March 4, 1997

GOVERNMENT WIDE

DEBARMENT AND SUSPENSION

Government Wide Debarment and Suspension

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Background and Applicability:

In conjunction with the Office of Management and Budget and other affected Federal agencies, DOT published an update to 49 CFR Part 29 on November 26, 2003. This government-wide regulation implements Executive Order 12549, Debarment and Suspension, Executive Order 12689, Debarment and Suspension, and 31 U.S.C. 6101 note (Section 2455, Public Law 103-355,108 Stat. 3327).

The provisions of Part 29 apply to all grantee contracts and subcontracts at any level expected to equal or exceed $25,000 as well as any contract or subcontract (at any level) for Federally required auditing services, 49 CFR 29.220(b). This represents a change from prior practice in that the dollar threshold for application of these rules has been lowered from $100,000 to $25,000. These are contracts and subcontracts referred to in the regulation as “covered transactions.”

Grantees, Contractors, and Subcontractors (at any level) that enter into covered transactions are required to verify that the entity (as well as its principals and affiliates) they propose to contract or subcontract with is not excluded or disqualified. They do this by (a) Checking the Excluded Parties List System, (b) Collecting a certification from that person, or (c) Adding a clause or condition to the contract or subcontract. This represents a change from prior practice in that certification is still acceptable but is no longer required, 49 CFR 29.300.

Grantees, Contractors, and Subcontractors who enter into covered transactions also must require the entities they contract with to comply with 49 CFR 29, Subpart C and include this requirement in their own subsequent covered transactions (i.e., the requirement flows down to subcontracts at all levels).

This contract is a covered transaction for the purposes of 49 CFR Part 29. As such, the Contractor is required to verify that none of the Contractor, its principals, as defined at 49 CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded, or disqualified as defined at 49 CFR 29.940 and 29.945.

The Contractor is required to comply with 49 CFR 29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it enters into.

By signing and submitting its bid or proposal, the Bidder or proposer certifies as follows: The certification in this clause is a material representation of fact relied upon by the County. If it is later determined that the Bidder or proposer knowingly rendered an erroneous certification, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

The Bidder agrees to comply with the requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.

The Bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.

Company Name ________________________________________________________________________

Signature of Contractor’s Authorized Official _________________________________________________

Printed Name of Contractor’s Authorized Official ______________________________________________

Printed Title of Contractor’s Authorized Official _______________________________________________

Date ______________________