Aggregate_Stone.pdf

INVITATION FOR BID

IFB B-25-022

AGGREGATE/STONE

Cecil County

200 Chesapeake Blvd

Elkton, MD 21921

RELEASE DATE: May 28, 2024

DEADLINE FOR QUESTIONS: June 11, 2024

RESPONSE DEADLINE: June 18, 2024, 1:30 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Cecil County

INVITATION FOR BID

Aggregate/Stone

I. Introduction II. Invitation For Bid

III. Submittal Requirements IV. Notice To Bidders V. Special Provisions

VI. Project Funding VII. Award Information

VIII. Local Contractor Preference IX. Bid Sheet X. Non-Resident Contractor Notification

XI. Bid Submission XII. General Conditions

XIII. Insurance Provisions

Attachments:

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

D - County Holidays

Invitation For Bid #IFB B-25-022 Title: Aggregate/Stone

1. Introduction

1.1. Summary

Sealed bids for solicitation IFB Aggregate/Stone as described in specifications for Cecil County, Maryland, will be received from qualified bidders until 1:30 pm on Tuesday, June 18, 2024.

Cecil County is soliciting bids for approved Aggregate/Stone products from vendors.

Cecil County reservices the right to determine acceptability of any product or service being bid and may require samples prior to bid award.

1.2. Contact Information

Connie Kamit

Procurement Manager

200 Chesapeake Blvd.

Elkton, MD 21921

Email: ckamit@cecilcountymd.gov

Phone: (410) 996-8121

Department:

Purchasing

Department Head:

Connie Kamit

Purchasing Manager

1.3. Timeline

Release Project Date May 28, 2024

Question Submission Deadline June 11, 2024, 3:00pm

Bid Submission Deadline June 18, 2024, 1:30pm

Bid Opening June 19, 2024, 1:30pm

Virtual - click on agenda for log-in information.

mailto:ckamit@cecilcountymd.gov tel:(410)996-8121

2. Invitation For Bid

2.1. No Pre-Bid Meeting

There is no pre-bid meeting for this solicitation.

2.2. Bid Submission

All bids are required to be submitted electronically via OpenGov Procurement.

2.3. Questions

All questions shall be asked using the question & answer feature via OpenGov Procurement by 3:00 pm on Tuesday, June 11, 2024.

2.4. Bid Opening

Bid opening will be held on 10 April, 2024 at 1:30 PM EST.

Video Conference Information: Click on Agenda for log-in information

2.5. Bid Packages

Bid packages can be downloaded on Cecil County's OpenGov Procurement Portal

(https://procurement.opengov.com/portal/cecil/projects/86167 ) as a PDF document for all vendors to download at no charge.

Changes or addendums to this bid will be posted on the County's OpenGov Procurement Portal.

The County is not responsible for information obtained from sources outside the Cecil County

Purchasing Office, including downloads from the County website. Vendors are directly responsible for obtaining updates, changes, or addendums either from the updated webpage or by contacting the

Purchasing Office.

https://procurement.opengov.com/portal/cecil/projects/86167 https://procurement.opengov.com/portal/cecil/projects/86167 https://procurement.opengov.com/portal/cecil/projects/86167

3. Submittal Requirements

The cost of preparing Bids is the responsibility of Bidders.

3.1. ELECTRONIC SUBMITTALS (MANDATORY)

All bids submitted electronically shall be submitted via OpenGov Procurement Portal. Submittals received through other means shall not be opened.

The electronic time and date stamp will serve as the verification of the submittal requirement.

ELECTRONIC SUBMITTAL PROCESS

To be considered, Bids shall be received by the bid closing date and time via OpenGov Procurement

Portal.

Late Bids will not be considered. Bidders are strongly encouraged not to wait until the last minute to submit bids. The time stated on the OpenGov Portal will be definitive of the time of receipt. Bids received after the deadline will not be accepted.

After submitting a Bid via OpenGov Procurement Portal and upon successful receipt by the County thereof, Bidder will receive an auto-receipt email from OpenGov Procurement. This receipt is proof that the bid has been received by the Purchasing Division and should be retained for Bidder’s records. The

County has no obligation to consider any Bid for which an auto-receipt was not generated.

3.2. CERTIFIED CHECK OR BID BOND

NO BID BOND REQUIRED

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

4. Notice To Bidders

All parties interested in submitting a Bid to complete the work detailed and specified for this project, must thoroughly review, and properly complete all forms and questions provided in the #Bid

Submission section. Failure to complete such forms may result in the rejection of the Bid. Owner reserves the right to reject any or all Bids containing bidding irregularities.

https://procurement.opengov.com/portal/cecil/projects/86167?section=776200 https://procurement.opengov.com/portal/cecil/projects/86167?section=776200

5. Special Provisions

5.1. GENERAL

A. All work must be completed according to applicable local, state, and federal laws, guidelines, regulations, specifications, etc., to include the following:

1. Cecil County Department of Public Works (CCDPW) Code and Standard Specifications, including all revisions and attachments to the Contract.

2. Maryland Department of Transportation, State Highway Administration, Standard

Specifications for Construction and Materials, dated July 2023, including all revisions. All references to “State of Maryland”, “State”, “S.H.A.”, and “Administration” in the Maryland

State Highway Specifications and this Invitation for Bid shall mean Cecil County, Maryland. All references to “Engineer” in the Maryland State Highway Specifications and this Invitation for Bid shall mean the Cecil County Engineer or authorized representative.

3. Standard MD Details referred to on the Plans shall be those of the current State Highway

Administration Book of Standards for Highway and Incidental Structure.

B. All bid packages will include proof of certification or license to perform the prescribed type of project within the State of Maryland (if applicable).

C. These Special Provisions are a part of the contract. In cases of any conflict with the General

Conditions, the Special Provisions shall govern.

5.2. ORDER OF PRECEDENCE FOR CONTRACT DOCUMENTS

In the event of conflict between quality of the work as called for by the Contract Documents, the County shall have the right to insist upon the delivery of the strictest requirements, the highest quality, or the highest quantity at no additional cost to the County.

In the event of a conflict between other contract terms, the following order of precedence shall control: Contract Plans, Contract Specifications, County Standards, Maryland State Highway Standard

Details and Specifications, other State Standards.

5.3. SCOPE OF WORK (including specifications)

Cecil County is soliciting bids for approved Aggregate/Stone products from vendors.

Cecil County reservices the right to determine acceptability of any product or service being bid and may require samples prior to bid award.

5.4. DELIVERY and ACCEPTANCE

Delivery shall include pricing to any of the following locations:

Cecil County Roads Division - Central Yard Cecil County Solid Waste Division

758 E. Old Philadelphia Rd 758 E. Old Philadelphia Rd

Elkton, MD 21921 Elkton, MD 21921

Cecil County Roads - Northern Yard Cecil County Roads - Southern Yard

191 Harrisville Rd 146 Bohemia Ave.

Colora, MD 21917 Cecilton, MD 21913

The vendor shall be responsible to off-load material at the direction of the Roads Division or Solid Waste

Division Chief (or designated representative).

Appropriate Cecil County personnel shall inspect the material before acceptance.

The vendor shall notify the Roads Division or Solid Waste Division to schedule delivery times.

Delivery of material is requested to be delivered to the designated location the same day, but no more than twenty-four (24) hours from order confirmation.

All delivery tickets shall be signed and dated when delivered by County representative.

5.5. COUNTY HAULING/PICK-UP

Due to some locations and job sites, County owned/contracted trucks may pick up material when needed.

County employee/representative shall sign all loading slips.

Pricing shall be based on pick-up pricing only.

5.6. SPECIFICATIONS

All materials to be furnished under the term of this contract shall meet the requirements as set forth in

Section 901 of the “Maryland Department of Transportation, State Highway Administration, Standard

Specifications for Construction and Materials”, dated 2008 as amended to date; or AASHTO M-43 (Sizes of Aggregate for Road & Bridge Construction) from latest edition of Transportation Materials and

Methods of Sampling and Testing.

NOTE: For the following items on the bid sheet, you must identify the electrical charge of the item.

For Line Item #4 – MD#4(washed)/AASHTO #7

Line Item #5 – MD#7(washed)/AASHTO #8

5.7. QUALITY CONTROL

The Stone/aggregate Products provided by Supplier shall not contain asbestos in an amount greater than the standards established under current OSHA and Mining Safety and Health Administration

(MSHA) for exposure and emission limits. For each size, shape or type of stone/aggregate for which supplier has submitted a bid, supplier shall attach a laboratory analysis report which follows the protocols set forth in Section 763.87(a) of Chapter 40 of the Code of Federal Regulations and is performed by a laboratory that is accredited by the United States Department of Commerce, National

Institute of Standards and Technology, National Voluntary Laboratory Accreditation Program, as described in the Federal Register (52 F.R. 33470, September 3, 1987). The laboratory shall provide a statement verifying: a bulk sample of a specified size and type of stone/aggregate was analyzed; the sampling protocol utilized; a statement verifying that the person who performed the analysis was properly trained in the use of the methodology which meets the requirements of Section 763.87(a); the date when the bulk sample was taken; and the date when the analysis was performed.

5.8. SOURCE OF SUPPLY and QUALITY OF MATERIALS

A. The bidder shall submit a complete statement of origin, composition, and manufacture of any or all materials to be supplied under this contract in a document separate and distinct from the bid, together with material samples if requested, which samples may be subjected to examinations and tests by the Cecil County representative in order to determine their quality.

Your attention is drawn to the fact that materials furnished under this contract must be in compliance with “Access to Information about Hazardous and Toxic Substances Act” dated July, 1985 and which is a part of the Maryland Occupational Safety and Health (MOSH) Law.

B. The materials and their sources of supply shall be approved by the Cecil County representative prior to the award, and the contract Awarding Authority shall have the right to reject a bid if the materials and the sources of supply for same have not first been approved as set forth herein.

C. The Cecil County representative may reject the materials or the sources of supply for same if said materials or sources of supply have not had a satisfactory record of performance.

D. Materials furnished shall comply with the requirements set forth herein, and if it is found after trials that sources of supply previously approved do not produce a uniform and satisfactory product or if the product from any source proves unacceptable at any time, the Contractor shall furnish materials from other approved sources.

5.9. QUARRY LOCATION

Bidders must indicate in their bids the name and street address for each quarry supplying crushed aggregates.

5.10. INSPECTION

A. The Director of the Department of Public Works or an authorized representative shall decide all questions as to the quality and acceptability of aggregate furnished and shall decide all questions as to the interpretation of the specification.

B. The Division Chiefs shall appoint such persons as deemed necessary to properly inspect and test the materials and/or products furnished or to be furnished and to see that the same strictly corresponds with the specifications.

C. The contractor shall supply certified test reports no more than three months old showing that the materials referenced comply with the specifications as referenced in this document. After award and the entire length of the contract the contractor shall at his own expense provide certified quarterly (every 3 months) quality control reports showing that the materials continue to meet or exceed the standards contained herein.

D. If additional sampling and testing of material are required it shall be accomplished in accordance with standard sampling and testing methods, as direct by Cecil County representative by and at the expense of the County. Frequency of sampling shall be at the discretion of the Cecil County representative. Samples shall be taken by a representative of the County.

E. All aggregates furnished which are not in accordance with these specifications shall be considered defective and all such material whether in place or not shall be removed within twenty-four (24) hours at the expense of the Contractor unless otherwise specified by the Cecil

County representative or in case of failure to do so the material shall be removed the County and cost of this removal will be deducted from any monies due or which may become due the contractor.

F. When it is found that aggregates do not comply with the gradation requirements and removal return to the contractor are not feasible deduction shall be made from the contract price as follows:

1. When impurities exceed five (5%) of quantity per ton, contract price per ton will be reduce by ten percent (15%) per ton.

G. When it is found that under Bid Item Nos. 4 & 5 as listed on Attachment #1 that washed aggregates do not comply with the impurity requirements and removal and return to the

Contractor are not feasible, deductions shall be made from the contract price as follows:

1. When impurities exceed five (5%) of quantity per ton, contract price per ton will be reduce by ten percent (15%) per ton.

5.11. PROTECTION OF EXISTING UTILITIES

A. Attention of the Contractor(s) shall be directed to the potential presence of water, sewer, gas mains, electrical wires, conduits, communication cables (both overhead and underground), poles and house service connections on each project site. The Contractor(s) shall exercise special care and extreme caution to protect and avoid damage to such utilities.

B. It is the responsibility of the Contractor(s) to have all utilities located with sufficient accuracy to ensure their safety and the safety of those within the area of the project.

C. The Contractor(s) shall not begin any excavation without first notifying each and every public service agency that may or may not have underground or embedded facilities within the area of the project, at least forty-eight (48) hours prior to commencement of this work (not including weekends and holidays).

D. The Contractor shall notify “Miss Utility” (1-800-257-7777) to determine the location of existing utilities prior to commencing work. If, during Repair operations, the Contractor(s) encounters additional utilities, the Contractor(s) shall immediately notify the PM and take all necessary and proper steps to protect the continuance of service of such facilities. In case of damages to any existing utility installations by the Contractor(s), either above or below ground, the Contractor(s) shall have such utility restored to a condition equal to that which existed prior to the damage at the Contractor’s entire cost and expense.

E. There will be no measurement or direct payment to the Contractor(s) for working around, protecting, or repairing damaged utilities caused by the proposed maintenance and or Repair activities.

F. If the Contractor(s) damages any utility, they shall immediately notify the Project Manager and the affected utility owner. The Contractor(s) shall ensure the safety of workers and others around the site. The Contractor(s) shall protect the damaged utility from further damage until a representative from the affected utility arrives to make a site assessment. The Contractor(s) shall fully cooperate with the representative of the affected utility to restore it to a condition equal to or better than the condition that existed just prior to the incident, in a timely manner.

The utility owner may elect to repair the damage with its own forces, its sub-contractors, or the

Awarded Contractor(s) on this project. In all cases, the Contractor(s) is liable for all costs of the repair of the damages to the satisfaction of the affected utility owner.

G. The Contractor(s) will notify the Project Manager immediately by telephone of any emergency, subsurface or latent physical condition found along with the recommendations for dealing with the matter. Any changes found necessary by the County or the Contractor(s) not covered under the original scope of work, specification or drawing(s) shall be jointly agreed upon by the

Contractor(s) and County. Any additional services or costs associated with the task/project must be submitted in writing by the Contractor(s) and an amendment to the purchase order must be made and approved by the County before the work can proceed. The County assumes no responsibility for oral/verbal communications, instructions, or suggestions.

6. Project Funding

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

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

All project awards are subject to required funding approvals.

7. Award Information

7.1. METHOD OF AWARD

A. The County reserves the right to reject any or all bids.

B. The Contract shall be awarded or rejected within 180 days from the date of opening bids.

C. If the bidder to whom an award is made shall fail to execute the Contract in the specified time indicated in (d) below, the award may be annulled and the Contract awarded to the second lowest and responsible bidder, or the County may reject all of the bids as their interest may require.

D. Once all contracts and bond requirements are prepared for the contractor’s signature and completion, a package will be sent by certified mail and the contractor will have ten (10) workdays from the date of receipt to complete the required paperwork and return for final processing. If the contractor is unable to complete the package within set time limits, the contractor may request in writing a limited one-time extension two (2) workdays prior to completion date. If the extension is provided, the timeframe will be determined by the County.

Once all time limits are surpassed and the required paperwork is not completed and returned, the County has the right to award the bid to the next qualified vendor and the original vendor may forfeit the bid bond/certified check, etc., as liquidated damages.

7.2. CONTRACT PAYMENT AND CONTRACT PERFORMANCE BOND

The Contract Payment and Contract Performance Bond are each to be in an amount equal to one hundred percent of the Contract amount. If the TOTAL BID AMOUNT is less than $100,000.00, the

Contract Payment and Performance Bonds will not be required.

7.3. BASIS OF AWARD

The Contract may be awarded to the lowest responsive and responsible bidder(s) whose bids comply with all the requirements prescribed. In acceptance of bids, the County will be guided by consideration of the interest of the public and the County shall be under no obligation to accept the lowest bid.

Bids may be rejected if they show any omissions, alterations of form, additions not called for, conditional or alternate bids, or irregularities of any kind. To ensure fair competition unresponsive bids or bids obviously unbalanced may be rejected. If there is any discrepancy between the unit price and the extended price, the unit price shall prevail.

Cecil County, Maryland, reserves the right to accept or reject any bid and to procure no or any quantity of goods or services that are the subject of this IFB, as deemed in its best interest of the County by the

Purchasing Agent.

All contracts and/or quantities are contingent on budgeting constraints. All awards are based on Total

Bid Amounts. The County reserves the right to add or delete items from the bid package due to budget constraints, which may result in changing the Total Bid Amount. The awarded vendor will be notified of any changes resulting in a bid price change.

7.4. NOTICE TO PROCEED

A Notice to Proceed or Purchase Order will be sent to the Contractor by Cecil County, Maryland.

7.5. METHOD OF PURCHASE AND PAYMENT

A Purchase Order will be sent to the contractor upon award of the contract. All payments will be remitted within thirty (30) days (net 30) upon receipt of an invoice. Payment/Final payment will be remitted upon acceptance of the completed project and receipt of final invoice.

All invoices shall be submitted to:

Cecil County, Maryland

Department of Public Works

200 Chesapeake Blvd.

Elkton, MD 21921

Attn: ___________ (REQUESTING DEPARTMENT)

8. Local Contractor Preference

LOCAL PREFERENCE IS NOT APPLICABLE FOR THIS SOLICITATION

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

“Cecil County, Maryland reserves the right to show preference to local bidders in the purchase of supplies, equipment, and services. The amount shall not exceed 6% of the amount bid or quoted, and/or

$60,000, whichever is less. A “local bidder” is defined as an individual or business who maintains a place of business or maintains an inventory of merchandise and/or equipment in Cecil County, is licensed by

Cecil County and/or the State of Maryland, if required and is subject to Cecil County real and/or personal property taxes. Any local bidder in default on payment of any county or state tax or license shall not be eligible to receive preference until all taxes or licenses due are paid”.

Bidders are cautioned to note the specific and several requirements that may qualify a bidder for local preference consideration. A bidder wishing to receive local preference consideration must be able to demonstrate qualification under all the noted requirements.

No bidder should assume, regardless of whether the bidder qualifies under the definition of “Local

Bidder,” that Cecil County, Maryland would grant preference on this contract to any bidder. Cecil

County, Maryland reserves the right to do so under Section 92 of the Cecil County Code but is not bound to do so under any circumstance, regardless of precedent.

Any bidder that wishes to be considered a “Local Bidder,” in the County’s award of the contract shall submit with the bid any and all documentation that proves that the bidder, identified by name in the submitted bid, meets the definition of “Local Bidder.” Neither County Executive nor the Procurement

Officer shall be bound by any information or documentation provided by the bidder after opening of the bids. However, the County reserves all rights to investigate a bidder’s potential qualification as a “Local

Bidder” and use any relevant information in its determination of a bidder’s qualification under the definition, regardless of when it is obtained.

9. Bid Sheet

BID SHEET - AGGREGATE/STONE

Quantities listed are for bid evaluation purposes only

Line

Item Description Quantity Unit of

Measure Price per ton picked up by

County

Price per ton delivered

Central Yard

(Roads/Solid

Waste)

Price per ton delivered

Northern

Yard

Price per ton delivered

Southern

Yard

Quarry

Name and

Address

Electrical

Charge

(enter

Pos. or

Neg)

No Bid Total

1 AASHTO #1 50 TON N/A

2 AASHTO #3 3,000 TON N/A

3 AASHTO #57 1,500 TON N/A

4 AASHTO #7

(Washed)

50 TON

5 AASHTO #8

(Washed)

3,000 TON

6 MD CR-6 3,000 TON N/A

7 MD CR-1 5,500 TON N/A

8 R4 RIPRAP 200 TON N/A

9 MD RIPRAP

CLASS I

800 TON N/A

10 MD RIPRAP

CLASS II

600 TON N/A

11 MD RIPRAP

CLASS III

200 TON N/A

12 ASTM C-33

CONCRETE

SAND

20 TON N/A

13 MD RC-6

(Recycled

Concrete)

100 TON N/A

14 PEA GRAVEL

(3/8")

20 TON N/A

Line

Item Description Quantity Unit of

Measure Price per ton picked up by

County

Price per ton delivered

Central Yard

(Roads/Solid

Waste)

Price per ton delivered

Northern

Yard

Price per ton delivered

Southern

Yard

Quarry

Name and

Address

Electrical

Charge

(enter

Pos. or

Neg)

No Bid Total

15 #10

SCREENINGS

(STONE

DUST)

30 TON N/A

10. Non-Resident Contractor Notification

At the request of the Maryland State Comptroller of the Treasury a list of all Non-Resident Contractors awarded a contract for the improvement of real property in the amount of $500,000 dollars or more and all non-resident sub-contractors that equals or exceeds $50,000 or reasonably can be expected to equal or exceed $50,000 shall be forwarded by the Cecil County, Maryland to the Maryland State

Comptroller of the Treasury, Compliance Division, 301 W. Preston Street, Room 407, Baltimore MD

21201.

The notification shall be forwarded by the Cecil County, Maryland once the “Notice to Proceed” is sent and shall include the following information:

• Type of project

• Site Address

• Contractor’s Name and address

• Date of the Contract

• Contracted amount

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

- “Regular place of business” is defined as:

A. a bona fide office, other than a statutory office, B. a factory, C. a warehouse, D. or any other space in this state, which a person is doing business in its own name in a regular and systematic matter and that is continuously maintained, occupied, and used by the person carrying on its business through its regular employees regularly in attendance.

11. Bid Submission

11.1. A Copy of Certificate of Status from the Maryland Department of Assessments and Taxation*

*Response required

11.2. A copy of current business license for State of Maryland* *Response required

11.3. Proposal Statement*

By selecting confirm, the bidder agrees to the following:

The bidder declares that the only person, firm, or corporation, or persons, firms, or corporations, that has or have any interest in this proposal or in the Contract or Contracts proposed to be taken is or are the undersigned; that this proposal is made without any connection or collusion with any person, firm, or corporation making a proposal for the same work; that the attached specifications have been carefully examined and are understood; that as careful an examination has been made as is necessary to become informed as to the character and extent of the work required; and that it is proposed and agreed, if the proposal is accepted to contract with Cecil County, Maryland, in the form of Contract heretofore attached, to do the required work in the manner set forth in the specifications.

The bid price on the attached and signed Proposal Forms is to include and cover the furnishing of all equipment, materials, and labor requisite and proper and the providing of all necessary machinery, tools, apparatus, and means for performing the work, and described, and shown in the plans and specifications within the prescribed time. If this proposal shall be accepted by said County and the undersigned shall refuse or neglect within ten days after receiving the Contract for execution to execute the same, and to give stipulated bond, then said County may at their option determine that the bidder has abandoned the Contract; and thereupon the proposal and the acceptance thereof shall be null and void; and the deposit accompanying the proposal shall be forfeited to and become the property of the

County.

☐ Please confirm

*Response required

11.4. Total Bid Amount*

The Bid Form lists all anticipated work tasks, the unit of measure and estimated quantities. The bidders shall insert as indicated a unit price or lump sum price for each listed work task and multiply that price by the quantity to arrive at an extended total for each work task. All extended prices are then summed to arrive at the Total Bid Amount for the project. The bid will be awarded to the bidder that has the lowest total bid price and is responsive and responsible as defined in the bid/contract documents.

By confirming, the bidder swears (or affirms) under the penalty of perjury that the Bidders, its agents, servants, and/or employees, to the best of their knowledge and belief, have not in any way colluded with anyone for and on behalf of the Bidder, or themselves, to obtain information that would give the

Bidder any unfair advantage over others, nor have to gain any favoritism in the award of any contract resulting from this bid. By signing this bid form, I acknowledge that I have read the entire bid package.

11.5. The above statements and responses are certified to be true and accurate, and we have the equipment, labor, supervision and financial capacity to perform this Contract for the Total Bid Amount, either with our organization, or with subcontractors.*

☐ Please confirm

*Response required

11.6. Indemnity/Hold Harmless Agreement*

To the fullest extent permitted by law, the undersigned Organization agrees to indemnify and hold Cecil

County, Maryland, its elected and appointed officials, employees, and volunteers, and others working on behalf of Cecil County, Maryland, harmless from and against all loss, cost, expense, damage, liability or claims, whether groundless or not, arising out of the bodily injury, sickness or disease (including death resulting at any time therefrom) which may be sustained or claimed by any person or persons, or the damage or destruction of any property, including the loss of use thereof, based on any act or omission, negligent or otherwise, of the Organization, or anyone acting on its behalf in connection with or incident toIFB B-25-022Aggregate/Stone, except that the Organization shall not be responsible to Cecil County, Maryland on indemnity for damages caused by or resulting from Cecil County, Maryland's sole negligence; and the Organization shall, at its own cost and expense, defend any such claims and any suit, action, or proceeding which may be recovered in any suit, action, or proceeding, and any and all expense including, but not limited to, costs, attorney's fees and settlement expenses, which may be incurred therein.

11.7. Agreement of Jurisdiction*

Governing Law; Consent to Jurisdiction. This procurement shall be governed by the laws of the State of

Maryland, and the parties submit to the jurisdiction of the courts of the State of Maryland. This agreement may not be modified except in writing executed by the parties.

11.8. Additional Information (optional)

Upload any additional information needed.

11.9. Updated W-9*

12. General Conditions

12.1. GENERAL

These General Conditions are a part of the Contract. In case of any conflict with the Special Provisions, the Special Provisions shall govern.

12.2. DEFINITIONS

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

B. Responsive bidder: Is a vendor who has submitted a bid, which conforms in all material respects to the requirements stated in the IFB.

C. Contractor: Is the bidder or offeror who is awarded the Contract pursuant to this invitation for bid.

12.3. QUESTIONS/ADDENDA

A. Bids are subject to change in the form of an addendum. It is the bidder’s responsibility to make sure all addenda are acknowledged in their bid via the OpenGov Procurement Portal. Failure to do so could result in the bid being disqualified.

B. All questions should be asked no later than fourteen (14) calendar days in advance of the bid. All questions must be submitted using the questions and answers feature in OpenGov Procurement

Portal.

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

12.4. EXAMINATION OF SITE AND DATA

Before submitting a bid, prospective bidders should carefully examine the Contract Documents, inspect the site of the proposed project, acquaint themselves with all governing laws, ordinances, etc., and otherwise thoroughly familiarize themselves with all matters which may affect the performance of the work. The act of submitting a bid shall be considered as meaning that the bidder has so familiarized himself and, therefore, no concession will be granted by the County because of any claim of misunderstanding or lack of information. Bidders are expected to read and study the drawings and specifications with special care and to observe all their requirements. Discrepancies, ambiguities, errors or omissions noted by bidders should be reported promptly to the County for correction or interpretation before the date of the opening of bids.

12.5. MARYLAND REGISTRATION/QUALIFICATION REQUIREMENTS

A. The Bidder must be in compliance with the laws regarding conducting business in the State of

Maryland.

All proposers must be registered to do business in the State of Maryland in accordance with the Annotated Code of Maryland Corporations and Associations Sec. 2-102

Formation generally, Sec. 7-202 Registration to do interstate and foreign* business, and/or Sec. 7-203 Qualification to do intrastate. For Information on registering or qualifying a corporation, LLC, LLP or LP call the Maryland Department of Assessments and

Taxation (SDAT) at (410) 767-1340. Sole Proprietors and General Partnerships may call

(410) 767-4991 or you may download the SDAT forms at https://dat.maryland.gov/businesses/Pages/Internet-Certificate-of-Status.aspx – entity or by calling (410) 767-1340 or Toll Free (888) 246-5941.

*”a corporation, association, or joint-stock company organized under the laws of the

United States, another state of the United States, a territory, possession, or district of the

United States, or a foreign country.”

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

Bidders shall provide a copy Certificate of Status from the Maryland Department of

Assessments and Taxation, evidence that the Bidder is in good standing with the State of

Maryland.

See: https://dat.maryland.gov/businesses/Pages/Internet-Certificate-of-Status.aspx for information on obtaining the Certificate of Status. Certificates are not available for trade names, name reservations, government agencies, sole proprietorships, and some other accounts as these are not legal entities and thus are not required for these categories of bidders. For more information on the Certificate of Status please see https://dat.maryland.gov/Pages/sdatforms.aspx.

B. All bidders shall provide a copy of their current business license for the State of Maryland.

C. Cecil County reserves the right, at its sole discretion, to extend the date this documentation must be provided. The Bidder’s inability to provide this documentation could result in the bid being rejected.

D. All proposers must be in good standing with Cecil County, Maryland. Proposers must meet any outstanding taxes, fees, or accounts with Cecil County.

12.6. DESCRIPTIVE LITERATURE

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

https://dat.maryland.gov/businesses/Pages/Internet-Certificate-of-Status.aspx https://dat.maryland.gov/businesses/Pages/Internet-Certificate-of-Status.aspx https://dat.maryland.gov/Pages/sdatforms.aspx

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

12.7. EXCEPTIONS/SUBSTITUTIONS

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

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

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

12.8. APPROVED EQUALS

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

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

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

12.9. PRICES

Bid prices shall remain firm for one hundred twenty (120) days from the date of the bid opening. All contracts and/or quantities are contingent on budgetary constraints.

Pricing must include all labor, delivery, materials, tools, and equipment to perform work.

12.10. SALES TAX

In buying products directly from a vendor Cecil County, Maryland is exempt from being directly charged

Federal excise and Maryland sales tax. A copy of an exemption certificate shall be furnished upon request.

According to the Office of the Comptroller of Maryland, a Contractor is responsible for paying sales tax on purchases relating to any projects or services and should incorporate it into their bid.

Contractors cannot use the County tax exemption to buy materials or products used on County projects.

For additional information, see State of Maryland Sales and Use Tax in #Attachments section.

12.11. TRANSPORTATION

Prices quoted shall be net, including transportation and delivery charges fully pre-paid by the seller, f.o.b. destination (PROJECT SITE) unless otherwise stated in the specifications or bid form. No additional https://procurement.opengov.com/portal/cecil/projects/86167?section=776203 charges will be allowed for packing, packages, or partial delivery costs. By submitting their quote, all vendors certify and warrant that the price offered for f.o.b. destination includes only the actual freight rate cost at the lowest and best rate and is based upon the actual weight of the goods to be shipped.

Standard commercial packaging, packing, and shipping containers will be used, except as otherwise specified herein.

12.12. SUBLETTING OF CONTRACT

The Contractor shall not sublet, sell or assign all or any portion of the Contract, or the work provided therein, without the consent of the County. Subletting or assigning more than fifty percent (50%) of the dollar value of the Contract work shall not be permitted. Where subcontractors are used, the contractor shall submit all insurance information for all subcontractors.

12.13. APPROXIMATE QUANTITIES

The Bidder’s attention is called to the fact that the quantities given are estimated quantities and are intended as a guide to the bidder, but in no way bind or limit the County to the actual amount of work to be performed or the quantity of material to be furnished. Any estimates of quantities herein furnished by the County are approximations only and have been used by the County as a basis for estimating the cost of the work and will also be used for the purpose of tabulating and comparing the bids and awarding the Contract. The County has endeavored to estimate these quantities correctly according to the information shown on the plans, but it is not guaranteed that these estimated quantities are accurate and, if the Contractor in developing and/or submitting a bid relies upon the accuracy of said estimated quantities, the Bidder does so at their own risk.

12.14. CONTINGENT ITEMS

Construction items which are identified in the “Bid Form” as “Contingent Bid Items” are established for the sole purpose of obtaining unit costs on pay items that may be incorporated into the project. The

County’s representative shall have sole discretion in determining whether and to what extent such items will be incorporated into the project. The County’s Representative may order incorporation of such items at any location within the Contract and at any time during the work. Neither the Contractor nor their subcontractor(s) and the County shall make claims for additional compensation because of any increase, decrease, or elimination of such items.

12.15. ALTERATIONS

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

Any such deduction or addition shall be determined by the County, which shall remain the final authority in such determination.

12.16. DAMAGES

The Contractor shall be responsible for any and all injuries to persons and damages to property resulting from the performance of the work specified, materials applied and/or equipment used.

12.17. CONTRACT TERM

Cecil County, Maryland intends that the contractor awarded a contract, will perform the work commencing upon the date specified in the Notice to Proceed or notification of award and terminate upon expiration or completion of the project or product delivery, unless terminated by the County with the delivery of written notification of contract termination. All contracts extending beyond the County’s fiscal year (June 30th annually) shall be subject to budget appropriation. In the event the on-going contract does not acquire funding to continue, the awarded contractor shall be notified in writing at the earliest possible and contract termination shall be coordinated.

12.18. RIGHT TO TERMINATE

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

12.19. TEMPORARY SUSPENSION OF THE WORK

The County shall have the authority to suspend the work wholly or in part for such period or periods as it may deem necessary, due to unsuitable weather or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or to perform any or all provisions of the Contract. The

Contractor shall immediately comply with the written order of the County to suspend work wholly or in part. In all cases of suspension of construction operations, the work shall not be resumed again until the

County gives written permission. Provided that reasonable cause exists for the County to exercise this authority to suspend the Work, the Contractor agrees that he shall not make any claim for charges or claims for damages by him for any delays or hindrances, from any cause whatsoever during the progress of any portion of the services specified in this Agreement. Such delays or hindrances, if any, may be compensated for by an extension of contract time only for such reasonable period as the County may decide. Time extensions will be granted only for excusable delays such as delays beyond the control and without the fault or negligence of the Contractor.

For the avoidance of doubt, the limitation on damages pursuant to this section includes but is not limited to damages incurred by the Contractor for principal office overhead and expenses including the compensation of personnel stationed there (including but not limited to Eichleay formula calculation or otherwise), for losses of financing, business and reputation, loss of efficiency and alleged impacts relating to employee costs incurred on account of project suspensions or delays, and for loss of anticipated profit.

Nothing contained in this Section shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents, nor shall it preclude any award of direct costs incurred by either party on account of the other party’s failure to properly perform its contractual obligations and which are not schedule dependent.

12.20. ANNULMENT OF CONTRACT

Should the Contractor fail to make satisfactory progress, or to comply with orders of the County, or should he neglect or refuse to remove materials, or to perform anew such work as has been rejected as defective and unsuitable, or if the Contractor shall become insolvent or be declared bankrupt, or shall make an assignment for the benefit of creditors or from any other cause shall not carry on the work in an acceptable manner, the County shall have the right to annul its Contract without process or action at law, and to turn over to the surety for completion or, at County’s option, or in case performance is guaranteed by negotiable securities, to take over the work and complete it, either by day labor or by re-letting all or any part of the work. Upon receiving notice to this effect, the Contractor shall vacate possession and give up the said work, or the parts thereof specified in said notice, peaceably to the

County. Neither by taking over of the work by the County, nor by the annulment of the Contract shall the County forfeit the right to recover damages from the Contractor or Contractor’s Surety for failure to complete the Contract. Should the cost of completing the work be in excess of the original Contract price, the Contractor and Contractor’s Surety shall be held responsible for such excess cost.

12.21. EXTRA WORK

The Contractor shall perform extra work for which there is no provision included in the Contract whenever, to complete fully the work as contemplated, it is deemed necessary or desirable, by the written authority of the County, and such extra work shall be performed in accordance with the specifications, therefore, or in the best workmanlike manner as directed. This extra work will be paid for at a unit price or lump sum to be agreed upon in writing by the Contractor and the County, or where such a price or sum cannot be agreed upon by both parties, or where this method of payment is impracticable, the County may order the Contractor to do such work on a “Force Account” basis, as specified hereinafter.

The County, before ordering any extra work performed, from time to time may determine;

A. what extra time, if any, will be allowed for said work, or

B. that the extra work is to be performed concurrently with the work under the Contract and without allowance of any additional time.

12.22. EXTRA WORK AS A PART OF CONTRACT

No order for extra work, nor doing the performance of any extra work at any time or place shall in any manner or extent relieve the Contractor or the Contractor’s Surety from any of their obligations under the Contract documents; all extra work orders being given and all extra work being performed, under and in accordance with the Contract are to be considered a part of the same and subject to each and every one of the terms and requirements of the Contract documents, and fully covered by the bond furnished by the Contractor.

12.23. FORCE ACCOUNT WORK

All extra work directed by the County in writing to be performed on a “Force Account” basis will be paid for in the following manner:

A. For all labor and foremen in direct charge of the specific operation, the Contractor shall receive the rates of wage applicable to this Contract, to be agreed upon in writing before starting such work, for each and every hour that said labor and foremen are actually engaged in such work, to which shall be added an amount equal to fifteen percent (15%) of the sum thereof.

B. For all materials used, the Contractor shall receive the actual cost of such materials, including freight charges, as shown by original receipted bills, to which sum shall be added an amount equal to fifteen percent (15%) of the sum thereof.

C. For any machine-power tools or equipment, and for any hauling equipment, including fuel and lubricants, which it may be deemed necessary or desirable to use, the County shall allow the

Contractor a reasonable rental price, to be agreed upon in writing before such work is begun, for each and every hour/day/week or month that said tools or equipment are in use on such work, and to which sum no percentage shall be added.

The compensation as herein provided shall be received by the Contractor as payment in full for extra work performed on a “Force Account” basis, and shall include supervision, use of tools and equipment for which no rental is allowed, and profit. The Contractor’s representatives and the County shall compare records of extra work done on a “Force Account” basis at the end of each day. Copies of these records shall be made in duplicate, upon the County’s “Force Account” forms provided for this purpose, by the County and signed by both the County and the Contractor’s representatives, one copy being forwarded respectively to the County and the Contractor. All claims for extra work performed on a

“Force Account” basis shall be submitted to the County by the Contractor upon certified triplicate statements, which shall also include the value of all material used in such work; and said statement shall be filed not later than the fifteenth (15th) day of the month following that in which the work was actually performed and shall include all labor charges, etc., and material charges insofar as they can be verified.

Should the Contractor refuse or fail to prosecute the work as directed or to document a claim as required, then the County may withhold payment of all current estimates until the Contractor’s refusal or failure is…