grass_cutting_county_properties-2025-02-11-14-04-13.pdf

INVITATION FOR BID

IFB B-26-004

GRASS CUTTING COUNTY PROPERTIES

Cecil County

200 Chesapeake Blvd

Elkton, MD 21921

RELEASE DATE: February 11, 2025

DEADLINE FOR QUESTIONS: March 12, 2025

RESPONSE DEADLINE: April 24, 2025, 12:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Cecil County

INVITATION FOR BID

Grass Cutting County Properties

I. Introduction II. Invitation For Bid

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

VI. Project Funding VII. Local Contractor Preference

VIII. Non-Resident Contractor Notification IX. General Conditions X. Insurance Provisions

XI. Award Information XII. Bid Sheet

XIII. Bid Submission

Attachments:

A - STATE OF MARYLAND: SALES AND USE TAX ADMISSIONS AND AMUSEMENT TAX

LAWS AND REGULATIONS ISSUED BY COMPTROLLER OF THE TREASURY, SALES AND

USE TAX DIVISION

B - County Holidays

C - Wastewater Locations Page 1

D - Wastewater Locations Page 2

E - Wastewater Locations Page 3

F - Roads Locations

G - Facilities Management Location

H - Contingent Locations

I - Contract Agreement-sample - A

Invitation For Bid #IFB B-26-004 Title: Grass Cutting County Properties

1. Introduction

1.1. Summary

Sealed bids for solicitation IFB Grass Cutting County Properties as described in specifications for Cecil

County, Maryland, will be received from qualified bidders until 12:00 pm on Thursday, April 24, 2025.

To supply the County with labor, materials, equipment, supervision, and insurance to perform the grounds maintenance to include mowing, edging, plant trimming, landscaping, and vegetation services (light tree trimming) work as identified within these specifications for areas identified within the solicitation.

1.2. Timeline

Release Project Date February 11, 2025

Question Submission Deadline March 12, 2025, 3:00pm

Question Response Deadline March 19, 2025, 3:00pm

Bid Submission Deadline April 24, 2025, 12:00pm

Bid Opening April 24, 2025, 1:30pm

Agenda

Video Conference Information: Click on Agenda for log in information https://zoom.us/j/95734025825?pwd=9GZRBcvIOt3P5fQkKMTpbYIRy5Ezz5.1

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 Wednesday, March 12, 2025.

2.4. Bid Opening

Bid opening will be held on 24 April, 2025 at 1:30 PM EST.

Video Conference Information: Click on AGENDA for log-in link.

2.5. Contract Award

The Contract will be awarded to the lowest responsible, responsive bidder. Cecil County, Maryland reserves the right to reject any or all bids and to waive technicalities. All contract awards are based upon budgetary constraints.

2.6. LOCAL CONTRACTORS’ PREFERENCE

Section 92 of the Cecil County Code provides for Local Preference whereby the County Executive reserves the right to show preference to local bidders in the purchase of supplies, equipment, and services.

2.7. Bid Packages

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

(https://procurement.opengov.com/portal/cecil/projects/135598 ) 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/135598 https://procurement.opengov.com/portal/cecil/projects/135598 https://procurement.opengov.com/portal/cecil/projects/135598

3. Special Provisions

3.1. SCOPE OF WORK (including specifications)

Frequency is dependent upon locations and departments. Please see Bid Sheet for point of contact and frequency.

The following guidelines shall be applied to all areas of mowing unless special specifications apply:

a) Fine Lawn Areas: Mowing-Mow, trim, edge all lawn areas on a weekly basis (unless an alternate schedule is otherwise specified). Mowing season begins April 1st and ends November 1st. Hours are weekdays 7:30 AM to 4:00 PM. Grass is to be cut no lower than two (2) inches. Mowing patterns shall be such to avoid scalping the turf.

Debris (grass clippings, gravel, etc) discharge will be directed away from ornamental planting beds, open treatment basins, vehicles, people, etc. All weeds and brush must be kept away from fences. No more than one-third of the leaf blade is to be removed at a time. It will be at the discretion of the County to temporarily halt mowing or the use of specific equipment in the event of excessively wet ground or hazardous conditions where grass clumping can occur. Mowing will be performed in a manner that will not damage the turf or facilities on the property.

b) Bed Care: Beds-Weed and edge bed area a minimum of one time per month, six times per season, to maintain a consistently neat and clean bed area. Beds must be kept weed free; spraying is allowed with proof of proper licensing (must be on file).

c) Trees, Shrubs, Ground Cover: Trimming and pruning-Trim and prune all trees, shrubs, and ground cover according to standard horticultural practices and the timing consistent with specific tree, shrub and ground varieties. Trimming shall consist of removal of dead and cross-branching limbs, removal of excessive sucker shoot growth from the base of trees and removal of weakened insect and disease damaged wood. Care shall be given to maintain plant form. Flowering growth and new wood shall be removed prior to flowering or new growth maturation. Trimming and pruning shall be limited to ornamental and flowering that can be reached from the ground.

d) Cecil County, Maryland must authorize the use of chemicals.

e) The successful bidder(s) will be provided a master key for access to all required sites. No duplicates of the key will be made without prior written authorization from the owning departments. All keys will be returned to the County upon contract end.

f) Vendor will be responsible for providing equipment and supplies required to complete the job.

g) All site should be cleared of excess trash and debris before mowing and weed eating and the trash and any grass, tree trimmings, or rubbish shall be the responsibility of the Vendor to dispose of properly according to local, state, or federal guidelines.

h) Sidewalks, parking lots, curbs, etc. will be cleared of weeds, overgrowth, grass clippings, etc.

i) Storm drains and drainage ditches shall be edged and cleared of debris.

j) No mowing before 7:30 AM or after 4:00 PM Monday through Friday, holidays shall have prior approval.

k) Safety shall be strictly adhered during mowing of all areas.

l) Vendor will provide a schedule for mowing of all areas which will be required to be approved by County point of contact.

3.2. CONTRACTOR’S RESPONSIBILITY

A. It is the Contractor’s responsibility to perform all work in a professional manner and maintain high quality.

B. It shall be the Contractor’s responsibility to schedule and coordinate all work to be performed under this Contract to insure continuous and smooth operations of the work and completion within the times specified in the scope of work.

D. It shall be distinctly understood that failure to mention any work by the County, which would normally be required to complete the project, shall not relieve the Contractor(s) of responsibility to perform such work.

E. The contractor shall supply all labor, materials, equipment, insurance, permits, etc. necessary to perform the mentioned work. At the completion of the project, the contractor is responsible for the removal and proper disposal of all debris, etc. associated with their work on the project. The contractor may haul construction debris from clearing, grubbing, demolition, and excavated materials to the Cecil County Central Landfill however the standard tipping fee will be charged to the contractor.

4. Submittal Requirements

The cost of preparing Bids is the responsibility of Bidders.

4.1. 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.

4.2. CERTIFIED CHECK OR BID BOND

A. No bid will be considered unless accompanied by a certified check or an acceptable bid bond of the bidder, payable to the order of Cecil County, Maryland, for five (5) percent of the total base bid amount, which will be forfeited to the County as liquidated damages in case an award is made, and the Contract and Bond are not promptly and properly executed as required within ten (10) days after the award of the Contract.

B. The certified check and/or bid bonds of all except the two lowest bidders shall be returned after the Contract is awarded; and the checks of the two lowest bidders shall be returned after the proper execution of the Contract Documents with the low bidder.

C. If the low bidder shall fail to execute the Contract Documents as specified, he shall forfeit the bid bond or certified check as liquidated damages and the Contract may be awarded to the second low bidder as specified in #Award Information Section.

https://procurement.opengov.com/portal/cecil https://procurement.opengov.com/portal/cecil https://procurement.opengov.com/portal/cecil https://procurement.opengov.com/portal/cecil/projects/135598/document?section=1222235

5. 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/135598/document?section=1222239

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. Local Contractor Preference

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.

8. 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.

9. General Conditions

9.1. Notice of Communication

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

No vendor, its’ representative, agent, or employee shall engage in private communication with a member of the Cecil County Government, Cecil County Council, or County department heads regarding any procurement of goods or services by the County from the date that this procurement packet is released.

No private communication regarding the purchase shall be permitted until the procurement process is complete and a purchase order is granted or a contract is entered into. “Private Communication” means communication with any vendor outside of a posted meeting of the governing body, a regular meeting of a standing or appointed committee, or negotiation with a vendor which has been specifically authorized by the governing body.

9.2. GENERAL

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

9.3. 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.

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

9.4. 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 seven (7) calendar days in advance of the bid. All questions must be submitted using the questions and answers feature in OpenGov Procurement

Portal.

https://procurement.opengov.com/portal/cecil/projects/135598

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

9.5. 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.

9.6. 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.

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.

9.7. 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.

9.8. 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.

9.9. PRICES

Bid prices shall remain firm for one hundred eighty (180) 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.

9.10. PRICE ESCALATION

All unit prices offered herein shall be firm against any increase for one (1) year from the effective date of the contract.

For each option year, the County may entertain a request for escalation in accordance with the current

Consumer Price Index at the time of the request or up to a maximum 3% increase on the current pricing, whichever is lower.

For purposes of this section, “Consumer Price Index” shall mean the Consumer Price Index-All Urban

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

Labor, Bureau of Labor Statistics.

The County reserves the right to accept or reject the request for a price increase within fourteen (14) days.

If the price increase is approved, the price will remain firm for twelve (12) months.

All other terms, conditions and specifications will remain the same.

The increased contract price shall not apply to orders received by the contractor prior to the effective date of the approved increased contract unit price. Orders placed via purchase order, shall be considered to have been received by the contractor after the fifth (5th) calendar day following the date of issuance.

The Procurement Officer may cancel, without liability to either party, any portion of the contract affected by the requested increase and any materials, supplies or services undelivered at the time of such cancellation. Invoices reflecting “NEW” prices will not be processed for deliveries of goods received prior to the increase approval date.

Price decreases shall also be passed on to the County and do not require verification. Decreases become effective immediately upon notification.

9.11. 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.

9.12. 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 charges https://procurement.opengov.com/portal/cecil/projects/135598/document?section=1222232 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.

9.13. 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.

9.14. 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.

9.15. 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.

9.16. CONTRACT TERM and TYPE

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 date and contract termination shall be coordinated.

This is a service type contract under which Cecil County, Maryland is obligated during the term of the contract.

Initial Term:

July 1, 2025 or final execution of contract documents through June 30, 2026

Renewal Options (by mutual agreement):

1st Renewal: July 1, 2026 through June 30, 2027

2nd Renewal: July 1, 2027 through June 30, 2028

3rd Renewal (last option): July 1, 2028 through June 30, 2029

Cecil County, Maryland reserves the right to accept or reject any option for contract renewal. Additionally, the Contractor is obligated to perform the services as agreed upon within the proposal, which the Cecil

County, Maryland requires in its operation. Should an emergency arise and the Contractor cannot perform the required service as outlined within this agreement, the County reserves the right to contract these services from other sources to meet these needs without prejudice of this contract.

9.17. 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.

9.18. 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.

9.19. 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.

9.20. CLAIMS

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

Unless otherwise specified, within thirty (30) days after giving the required notice, but not later than final payment, the Contractor shall file with the County a written, itemized statement of the details and amount of such claim of damage, loss, expenses, or delay. Unless the Contractor timely files its written notice of claim and statement of costs as prescribed herein, the Contractor’s claim for such additional compensation shall be absolutely invalidated; and it shall not be entitled to any compensation on account of such alleged damage, loss, expenses, or delay.

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

9.21. BREACHES AND DISPUTE RESOLUTION

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

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

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

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

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

9.22. RESPONSIBILITY FOR COMPLETE PROJECT

It is the responsibility of the Contractor to perform the work under this Contract. If mention has been omitted in the Contract Documents of any items of work or materials usually furnished or necessary for the completion or proper functioning of the equipment, it will be included by the Contractor without extra payment.

9.23. PROSECUTION OF WORK

After the work has been started, it shall be performed continuously on all acceptable working days without stoppage until the entire contract is completed. In case the Contractor neglects or fails to work continuously on all acceptable working days, the Executive of Cecil County through the Cecil County

Administrator may terminate the Contract and use any method that he deems necessary to complete the

Contract.

9.24. PUBLIC INFORMATION ACT (PIA)

Cecil County is subject to the Maryland Public Information Act and may be required to release bid submissions in accordance with the Act.

Bidders may submit a REDACTED version of their bid submittal that shall be released for any Public

Information Act request that the County receives in reference to this solicitation. Only the REDACTED version shall be released. Any Bidder not submitting a REDACTED version authorizes Cecil County to release their bid submittal as submitted and shall not hold the County or any employees liable for any information released.

Any materials the Vendor deems to be proprietary or copyrighted must be marked as such; however, the material may still be subject to analysis under the Maryland Public Information Act.

9.25. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

The County promotes policies which assure and encourage the full participation of Disadvantaged

Business Enterprises (DBE) in the provision of goods and services. Disadvantaged Business Enterprises, as defined in 49 CFR 23, shall have equal opportunity to compete for and perform sub-contracts which the

Contractor(s) enters into pursuant to this contract. The Contractor(s) shall use their best efforts to solicit bids from and to utilize DBE sub-contractors(s) or sub-contractors(s) with meaningful minority group and female representation among their employees.

9.26. COOPERATIVE PURCHASE

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

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

9.27. LAWS AND REGULATIONS

The Contractor, at all times, shall observe and comply with all federal, state, municipal and/or local laws, ordinances, rules and regulations in any manner affecting the work to be done and all such orders or decrees as may exist at present and those which may be enacted later, of bodies or tribunals having jurisdiction or authority over and shall indemnify and save harmless the Owner and all its officers, agents and employees against any claim or liability arising from or based on the violation of any such laws, ordinances, rules, regulations, order or decree, whether such violations by the Contractor or by any sub-

Contractor or any of their agents and/or employees.

9.28. Legal Notice

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

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

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

Referenced appendices may be subject to change.

9.29. WARRANTY

The contractor shall warrant all work for one (1) year or the standard warranty of the manufacturer, whichever is longer. Failure to correct warranty issues promptly and to the satisfaction of the Department on this or other contracts may result in finding the Contractor non-responsive for future contracts/bids.

All required Bonds shall remain active to cover the agreed warranty period. Any issue discovered and documented during the warranty period shall require the existing bonds to remain active beyond the agreed warranty period until the issues are resolved and agreed upon by all parties. All releases of contract bonds shall be in writing from Cecil County, Maryland or a release of bond document signed by a Cecil

County, Maryland authorized representative.

9.30. 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.

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

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.

9.31. CONTRACT PERFORMANCE

If the contractor fails to perform or violates any provisions under this contract, failure or violation may be considered a material breach establishing grounds for contract termination. If the contract is terminated, Cecil County, Maryland may award to second ranked vendor for this IFB without re-solicitation.

9.32. Contingent Items

Construction items for which quantities are identified in the “Proposal Form” as “contingent” are established for the sole purpose of obtaining bids on one or more pay times that may be incorporated into the project. The County’s representative shall have sole discretion in determining whether and to what extent such times 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. These items may not be located on the plans. The estimated quantities set out in the Proposal Form(s) for such items are presented solely for the purpose of obtaining a representative bid price. The actual quantities employed may be only a fraction of, or many times, the estimated quantity. Neither the Contractor nor his subcontractor and the County shall make claims for additional compensation because of any increase, decrease or elimination of such times.

9.33. Public Information Act (PIA)

Cecil County is subject to the Maryland Public Information Act and may be required to release bid submissions in accordance with the Act.

Bidders may submit a REDACTED version of their bid submittal that shall be released for any Public

Information Act request that the County receives in reference to this solicitation. Only the REDACTED version shall be released. Any Bidder not submitting a REDACTED version authorizes Cecil County to release their bid submittal as submitted and shall not hold the County or any employees liable for any information released.

Any materials the Vendor deems to be proprietary or copyrighted must be marked as such; however, the material may still be subject to analysis under the Maryland Public Information Act.

10. Insurance Provisions

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 Cecil 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 Cecil County, Maryland with verification of insurance coverage evidencing the required coverages.

Cecil 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 Cecil 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.

INSURANCE COVERAGES

General Liability Insurance

• Minimum Limits of Coverage:

General Liability: $2,000,000 Annual Aggregate

$1,000,000 Each Occurrence

$1,000,000 Products and Completed Operations

$1,000,000 Personal Injury and Advertising

• 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.

• Minimum Coverages to be included:

A. Independent Contractor’s coverage;

B. Completed Operations and Products Liability coverage; and

C. Contractual Liability coverage

• 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.

Automobile Liability Insurance

• Minimum Limits of Coverage:

Business Auto Liability: $1,000,000 Combined Single Limit

• Minimum Coverages to be Included:

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

Workers’ compensation and Employers’ Liability Insurance

• Such insurance must contain statutory coverage, including:

o Employers’ Liability insurance with limits of at least:

Worker’s Compensation: -- Statutory

Excess $1,000,000 Each Occurrence

Professional Liability Insurance

• Minimum Limits of Coverage:

Professional Liability: $1,000,000 (As Required)

Other

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

Notice of Cancellation

Commercial General Liability Insurance, Automobile Liability Insurance and Workers' Compensation insurance, as described above shall include an endorsement stating the following:

"Thirty (30) days advance written notice of cancellation, non-renewal, reduction, and/or material change shall be sent to: Cecil County, Maryland, Attn: Purchasing Department, 200 Chesapeake Blvd., Elkton, MD 21921."

Prior to starting the performance of the contract and for each extension of the contract, a certificate of insurance shall be furnished to the County. Insurance companies providing insurance shall be acceptable to the County. The contractor shall obtain at its own cost and keep it in force and in effect during the term of the contract. The proposer shall provide a Certificate of Insurance prior to the award of this contract.

11. Award Information

11.1. 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 (if applicable) are prepared for the contractor’s signature and completion, a package will be sent 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.

11.2. 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.

11.3. 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.

Award shall be assigned to vendor(s) by…