HMA_Millings_&_Grindings.pdf

26-007

HMA MILLINGS & GRINDINGS

Charles County Government

200 Baltimore Street

La Plata, MD 20646

RELEASE DATE: July 7, 2025

RESPONSE DEADLINE: July 30, 2025, 11:00 am

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/charlescountymd

HMA Millings & Grindings

I. INTRODUCTION

II. QUOTE INSTRUCTIONS

III. QUOTE SUBMISSION CONTENT

IV. AWARD AND CONTRACT FORMATION

V. GENERAL PROVISIONS

VI. SPECIAL PROVISIONS

VII. QUOTE ITEM DESCRIPTIONS

VIII. QUOTE SUBMITTALS

IX. QUOTATION FORM

X. INSURANCE

Title: HMA Millings & Grindings #26-007

1. INTRODUCTION

1.1. Summary

The County Commissioners of Charles County are hereby requesting sealed quotes from qualified contractors to perform construction services adjacent to the outside edge of County road surfaces to eliminate shoulder drop off. The County estimates installing approximately 2,000 tons of Asphalt

Millings or Grindings to various locations countywide.

1.2. Contact Information

The Purchasing Representative identified below is the SOLE POINT OF CONTACT at Charles County Government for this procurement. All communication between quoters and Charles County Government shall be with the Purchasing Representative until a fully executed contract is delivered to the Contractor. Quoters or any of their authorized representatives may not initiate contact with Charles County Government or County Consultants other than the Contact identified below, for any reason during the bidding process or prior to full contact execution. Any communication outside this process may result in disqualification.

Dawn Brake Senior Procurement Specialist 200 Baltimore Street La Plata, MD 20646 Email: braked@charlescountymd.gov Phone: (301) 645-0566

Department:

DPW - Department of Public Works

1.3. Timeline

NOTE: Times and dates are subject to change due to extenuating circumstances, including inclement weather. Quoters may obtain

County operating status by calling 301-645-0600 (meeting times cannot be verified at this number) or by referring to County operations status updates on the Charles County Government website at http://www.CharlesCountyMD.gov.

Release Project Date July 7, 2025

Question Submission Deadline July 14, 2025, 12:00pm

Questions shall be submitted via the eProcurement

Portal Question & Answer feature prior to the due date and time specified. The County will not provide responses to questions received after the deadline.

mailto:braked@charlescountymd.gov tel:(301)645-0566 http://www.charlescountymd.gov/

Quote Opening Registration Deadline July 29, 2025, 8:00am

Registration is required to attend the quote opening.

Quoters interested in participating in the quote opening must register electronically via the

County's eProcurement Portal RSVP Manager.

Pricing will be available on the eProcurement Portal after the Quote Opening.

Quote Submission Deadline July 30, 2025, 11:00am

Quote Opening July 30, 2025, 11:00am

Quotes received timely will be opened virtually.

Pricing will be available on the eProcurement Portal after the Quote Opening.

2. QUOTE INSTRUCTIONS

2.1. Quote Submission Conditions

Charles County Government is accepting electronic quote submissions. Quoters shall create a FREE account with OpenGov

Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, click on

"Draft Response" and follow the instructions to submit the electronic bid via the County's eProcurement Portal.

Quotes shall be submitted by the date and time specified. Late quotes will not be accepted. Submission, modification, or withdrawal of proposals after the due date/time will not be considered.

It is the Quoters’ sole responsibility to ensure that quotes are delivered via County's eProcurement Portal. Quoters shall give yourself adequate time to submit a response. Any technical difficulties or uncertainty with the submittal process will not be cause for accepting a response that was not submitted timely. The County is only accepting electronic submittals. Delivery methods by courier, in-person hand delivered, United States Postal Service, United Parcel Service or Federal Express, and other methods of delivery shall not be accepted. Any quotes not received timely will not be considered.

Quotes shall be valid and irrevocable for a minimum of one hundred twenty (120) days from the due date. A Quoters may submit only (1) bid in response to this RFQ. Quoters shall monitor the County's eProcurement Portal for schedule changes issued via addendum.

2.2. Solicitation Events

A. Last Day for Questions: The County will not provide responses to questions received after the deadline to submit questions specified in the Introduction section.

B. Quote Opening Registration Deadline: Refer to the Timeline section for date, time, location, participation and registration requirements. Firms that have registered timely will receive participation instructions.

C. Quote Submission Deadline: Refer to the Timeline section for the date and time quotes must be received by. Quoters must have an account or create a FREE account with OpenGov Procurement to submit a quote.

D. Quote Opening: Firms that registered timely will receive participation instructions. Refer to the Timeline section for date, time, location, participation and registration requirements. Pricing will be available on the County's eProcurement Portal immediately after the Quote Opening. Registration is required to attend the Quote Opening.

2.3. Quoter Certification of Acceptance

By submitting a quote in response to this RFQ, the Quoter certifies their acceptance of all terms and conditions set forth within this document, which will be made a part of the final contract documentation. All work, if any, shown on the contract drawings, specifications, and reports referenced in the RFQ or any Appendices is made part of this solicitation package.

2.4. Incurring Costs

The County is not liable for any costs incurred by the Quoter prior to full execution of the contract.

2.5. Additions/Modifications to Solicitation Forms

Modifications of or additions to the Quotation Form or any other County form may be cause for rejection of the quote, however, the County reserves the right to decide, on a case by case basis, in its sole discretion, whether or not to reject such a quote as nonresponsive. As a precondition to quote acceptance, the County may, in its sole discretion, request that the Quoter withdraw or modify any such modifications or additions which do not affect quality, quantity, price, or delivery.

2.6. Alternate Offers

Quoters must quote only one (1) product and one (1) price per quote item even though they feel they can offer more than one item that will meet the specifications. Quoters must determine for themselves which to offer. If a quoter submits more than one (1) product and/or more than one (1) price for a given quote item or items, it may be cause for the quote items or items being quote upon to be considered non-responsive and rejected.

https://procurement.opengov.com/signup https://procurement.opengov.com/portal/charlescountymd/projects/181320 https://procurement.opengov.com/portal/charlescountymd/projects/181320 https://procurement.opengov.com/portal/charlescountymd/projects/181320/document?section=undefined https://procurement.opengov.com/portal/charlescountymd https://procurement.opengov.com/portal/charlescountymd/projects/181320 https://procurement.opengov.com/portal/charlescountymd/projects/181320/document?section=1668836

2.7. "Or Equal" Interpretations

Identification of an item by manufacturer’s name, trade name, catalog number, or reference is intended to be description but not restrictive in that it is used for the purpose of describing the type, style, quality, performance and minimum specifications of the product desired, and shall not be interpreted to mean the only acceptable product. Quotes on other makes and/or models will be considered provided in the Quotation Form what is being proposed and forwards with the quote complete descriptive literature indicating the character of the article being offered and addressing all specifications of this solicitation.

The County reserves the right to accept or reject, in its sole discretion, items offered as an “equal”.

2.8. Quoter Investigation

Prior to submitting a quote, each Quoter shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract and to verify any representations made by the County that the Quoter will rely upon. No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful Quoter from its obligation to comply in every detail with all provisions and requirements of the contract documents or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the successful Quoter.

2.9. Sole Point of Contact

The Purchasing Representative identified in the Introduction section is the SOLE POINT OF CONTACT at Charles County

Government for this procurement. All communication between quoters and Charles County Government shall be with the

Purchasing Representative until a fully executed contract is delivered to the Contractor. Quoters or any of their authorized representatives may not initiate contact with Charles County Government or County Consultants other than the Contact identified in the Introduction section, for any reason during the bidding process or prior to full contact execution. Any communication outside this process may result in disqualification.

2.10. Questions

All inquiries/questions concerning technical or bidding information shall be directed via OpenGov Procurement Question &

Answer feature prior to the due date and time specified in the Introduction section . In the event a Quoter has multiple questions, each question must be submitted individually. Please include the section number and title for each question, if applicable. All questions submitted and answers provided will be electronically distributed to quoter following this solicitation on the County's eProcurement Portal. The County will not provide responses to questions after the due date and time specified in the Introduction section. The person submitting the request will be responsible for its prompt delivery. Questions and answers are provided for informational purposes only and are not part of any resulting contract from this solicitation.

2.11. Addenda and Supplements

In the event that it becomes necessary to revise any part of this solicitation, or if additional information is necessary to enable the

Quoter to make an adequate interpretation of the provisions of this solicitation, a supplement to the solicitation will be issued. The

Quoter shall acknowledge in their quote, the receipt of all addenda, supplements, amendments, or changes to the solicitation that were issued by the County. Oral statements made by County personnel shall not bind the County in any manner whatsoever and cannot be used to protest or otherwise challenge any aspect of this solicitation or subsequent agreement.

Any interpretation, correction, changes to the solicitation will be made only by addendum duly issued and will be posted on the County’s eProcurement Portal found at www.CharlesCountyMD.gov. Click on Any and all addenda issued prior to the quote due date/time shall become a part of the contract documents and shall be covered in the Quoter’s quote prices, unless an alternate schedule is presented by addendum. It is the responsibility of the Quoter to check the County's eProcurement Portal as frequently as necessary to obtain all updates and addenda to the solicitation.

2.12. Ability to Perform

Quoters shall have the capability to perform classes of work contemplated, having sufficient capital to execute the work properly within the specified time. The County reserves the right to request any additional information, utilize references not provided by a

Quoter, and validate any information provided by a Quoter by any means deemed necessary by the County for the purpose of determining the Quoter’s ability to perform the services described herein.

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2.13. Errors

Any errors in computations may be corrected during the County’s review of the quotes. The County shall not be responsible for

Quoter computation errors contained on the Quotation Form. All values contained on the Quotation Form remain the responsibility of the Quoter. Where the unit price and the extension price are at variance, the unit price will prevail. In the event that the unit price is not provided, the unit price shall be the extended price divided by the quantity. Errors on any forms submitted remain the sole responsibility of the Quoter.

2.14. County Rights/Disclaimers

The County exclusively reserves the right, but is not limited to the following actions:

A. Reject any or all bid submissions;

B. Issue a new RFQ;

C. Cancel, modify, or withdraw the RFQ;

D. Issue addenda, supplements, and modifications to this RFQ;

E. Modify the RFQ process (with appropriate notice to quoters as described herein);

F. Appoint an Evaluation Committee and evaluation teams to review quote submissions, G. Approve or disapprove the use of particular subcontractors and/or substitutions and/or changes in quote submissions;

H. Revise and modify, at any time before the Quote Due to County date, the factors it will consider in evaluating quote submissions and to otherwise revise or expand its evaluation methodology. If such revisions or modifications are made, the County will publish an addendum. The County may extend the RFQ due date if such changes are deemed by the

County, in its sole discretion, to be material and substantive;

I. Seek or obtain data from any source that has the potential to improve the understanding and evaluation of the RFQs;

J. Disqualify any team that changes its Quote Submission without County written approval;

K. Retain ownership of all materials submitted in hard-copy and/or electronic format.

The County reserves the right to reject any/all quotes, to waive irregularities and/or informalities in any quote, and to make award in any manner, consistent with law, deemed in the best interest of the County.

2.15. Rejection of Quotes/Bids/Proposals

The County exclusively reserves the right, but is not limited to the following actions:

A. Evidence of collusion among quoters.

B. Lack of competency revealed by financial statements, experience, equipment statements, or other factors.

C. Lack of responsibility as shown by past work, judged from the standpoint of workmanship as submitted or from previous experience with the quoter.

D. Default on a previous similar contract for failure to perform.

E. Being delinquent in payments due to Charles County Government.

F. Exceptions or exclusions to the requirements of the solicitation.

G. Failure to be in “Good Standing” with the State of Maryland.

H. Previous substandard performance on a County contract.

I. Failure to perform properly or to complete, in a timely manner, contracts of a similar or comparable nature, or if investigation shows the offeror unable or unlikely to perform the requirements.

J. Failure to furnish information requested by the County.

The County reserves the right to reject any/all quotes, to waive irregularities and/or informalities in any quote, and to make award in any manner, consistent with law, deemed in the best interest of the County.

2.16. Good Standing Requirements

In order to be eligible for award, Quoters shall meet the following conditions prior to contract award:

A. Their firm is not debarred, suspended, or otherwise ineligible for participation in government procurement by the federal government, the State of Maryland, or any other state, county, or municipal government.

B. All payments to Charles County Government have been paid and are not delinquent.

C. Their firm is in “good standing” with the State of Maryland Department of Assessments and Taxation.

2.17. Notifications

Legal notice given by the County to the Quoter shall be sent to the Quoter's contact information provided in the County's eProcurement Portal. Notice given by the County by any of the following:

A. A communication delivered by MAIL shall be deemed as having been received by the addressee three (3) business days after the date of mailing.

1. UPS or FedEx or other delivery service; or

2. USPS first class postage mail; or

3. USPS certified, or

4. USPS registered mail.

B. A communication delivered by email shall be deemed as having received by the addressee the same day the email was sent.

2.18. Negotiations

The County may negotiate contract terms, price, statement of work, or other conditions that results in the most advantageous outcome for the County. In the event an agreement satisfactory to the County cannot be negotiated, the County may terminate negotiation and move to another Quoter.

2.19. Prohibition of Discrimination in County Procurement

Charles County is committed to ensuring that Minority and Women-Owned Business Enterprises are provided equal opportunity to participate in the County's procurement and contracting processes. Any instances of overt or perceived discrimination should immediately be reported to the MWBE/DBE Compliance Manager.

Per Resolution 2023-13, Section 8, Item 4.1, the SLMBE Programs Division is authorized to investigate such complaint. An investigation may also be initiated based solely on a finding of a significant statistical disparity from the Annual Aspirational

Goal or contract/project goal(s), as detailed herein. The details of any investigation, including findings, shall be recorded and maintained by the SLMBE Programs Division.

All Contractors must cooperate with any investigations or audits conducted by authorized entities to assess compliance with anti-discrimination laws and policies. Non-compliance may result in sanctions, including but not limited to contract termination, suspension, or debarment from future contracts.

Certification of Compliance

By submitting a response to this solicitation, the Contractor agrees not to engage in any discriminatory practices and affirms that it has implemented policies and/or procedures to prevent discrimination in its operations. The Contractor further agrees to provide evidence of such policies/procedures upon request.

Reporting Discrimination

Discrimination in any form is strictly prohibited in Charles County. Charles County staff, prime contractors, subcontractors, or any individuals otherwise engaged in the procurement process are strictly prohibited from discriminating against any business or individual based on, but not limited to the following: race, color, religion, sex, sexual orientation, gender identity, gender expression, national origin, age, disability, marital status, political affiliation, veteran status, or any other characteristic protected by applicable law. Legitimate denial of a bid or not being selected for a procurement opportunity is not considered discrimination.

If anyone is a victim of discrimination, in any form, a request must be submitted to the MWBE/DBE Compliance Manager.

Anyone submitting a discrimination complaint must submit a complaint using the “MWBE Discrimination Reporting Form”.

You can request a form from the MWBE/DBE Compliance Manager. Any individual or firm discriminating against another could face any of the following penalties including, but not limited to: sanctions, contract termination, suspension, and/or debarment from future contracts. If necessary, the case can also be referred to the County Attorney and/or the County Administrator for further action.

Notification of Accusation and/or Finding of Discrimination

Once a discrimination complaint is received by the Purchasing Division and the MWBE/DBE Compliance Manager, the accused will be notified in writing that they; a) have been accused of discrimination, b) will have an opportunity to provide a defense against the accusation; c) must comply with all requests from investigators; d)are prohibited from taking any adverse actions against an accuser; and e) have a right to appeal a finding of discrimination.

3. QUOTE SUBMISSION CONTENT

Any information identified as “Confidential” shall be noted by reference and appended to the Quote Submission. Each item identified as “Confidential” shall be accompanied by an explanation. Refer to Public Information Act/Confidentiality Notice section.

All forms unless otherwise noted, must be completed, signed, and submitted. Indicate "NA" on the form if it is "Not Applicable" and sign and date it.

A complete quote package shall include all information and forms identified on the County’s eProcurement Portal, including but not limited to:

3.1. Quotation Form

Quote pricing shall be submitted on the Quotation Form. All cost columns of the table shall be fully completed to be able to submit a quote response. All pricing shall be rounded to the nearest whole cent (e.g. $.01). There shall be no hidden costs. Prices shall include all profit, overhead, equipment, transportation cost, etc. A Quoter may only submit one (1) Quotation Form in response to this solicitation. Each item on the form shall contain only one value. “Or Equal” items, if applicable, shall be noted on the Quotation

Form.

3.2. Experience Form

Quoter shall be required to complete and submit the County provided Experience Form. A qualified Quoter must have requisite experience for the work as described in the Special Provisions and must be actively engaged as a legal entity in this field for a period of no less than five (5) years at the due date for quote/bid/proposal. Quoters shall demonstrate their experience on the Experience Form. Quoters shall provide no less than three (3) public road repair projects completed within the past five (5) years of equal or greater magnitude, as deemed acceptable by the County at its sole discretion, as specified in Item A below. All blank spaces of the form shall be fully completed in legible ink or typewritten.

Experience shall be that of the prime contractor unless otherwise specified. Experience of subcontractors may not be used as experience of the prime. The County shall accept experience of subcontractor only in those areas specified otherwise, if applicable.

As applicable: On-going service contracts for the services specified may be considered a “Completed” project if the base term of the contract has been fully completed, purchase orders issued and tasks fully completed during the contract term, and the contract renewed by the issuing agency. Each Quoter is solely responsible for providing any and/or all information/documents demonstrating completion and/or requested by the County in order to confirm the validity of references provided.

A. A minimum of three (3) completed representative projects that demonstrate the Quoter's experience in all of the following areas:

1. Public Road Repair & Paving,

2. Shoulder paving,

3. Shoulder construction and grading.

3.3. 4.4. Minority and Women- Owned Business Enterprise (MWBE) Program - MWBE

Compliance Plan Forms

This form shall be completed in legible ink or typewritten and signed. Proposals submitted without a MWBE compliance form may be rejected as non-responsive by the County.

Th Offerors can contact the Economic Development Department by phone at 301-885-1340 extension 2202 for questions related to the County's MWBE program.

3.4. Small Local Business Enterprise (SLBE) Program – SLBE Certification Form and SLBE

Letter of Intent

This form shall be completed in legible ink or typewritten and signed. “NA” shall be noted on the form if it is Not Applicable.

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Charles County Government has established a Small Local Business Enterprise (SLBE) Program, which registered Charles

County SLBE firms responding to this solicitation may receive a preference in accordance with the provisions of the Program that may apply to a formal solicitation resulting in an award of less than $500,000.00 if they:

• Are registered in the Charles County SLBE Program and eligible in all other respects, at the time the firm’s proposal is submitted.

• Complete the attached SLBE forms and indicate their SLBE status.

• Are susceptible for award for a contract valued less than $500,000.00.

Registered Charles County SLBEs must meet all the same requirements of non-SLBE Offerors. Firms must have completed the registration process and have achieved full SLBE status by the due date for proposals, in order to receive consideration as a

SLBE during the evaluation of proposals.

The directory is available on the Economic Development Department website at https://www.meetcharlescounty.com/. Offerors can contact the Economic Development Department by phone at 301-885-1340 extension 2202.

3.5. Intended Sub-Contractors Form

This form shall be completed in legible ink or typewritten and signed. “NA” shall be noted on the form if it is Not Applicable.

3.6. Non-Collusion Affidavit Form

This form shall be completed in legible ink or typewritten, signed, and notarized.

3.7. Addendum Certification

Quoters shall be required to acknowledge the addenda when responding to this request for quotes.

3.8. Equipment Inventory List and Inspection of Equipment

Quoters are required to complete and submit the County provided Equipment Inventory List of ALL equipment, currently in their possession, the Quoter intends to use in the performance of work under the Contract(s). Equipment shall be in good working order and sufficient in type and quantity to complete all work as bid on the Quotation Form. All equipment, including back-up equipment, to be used in the execution of work as a result of this solicitation shall be identified on the Equipment Inventory List, at a minimum identifying equipment type, make/model, year, quantity, Vehicle Identification Number (VIN) (if applicable), tag number (if applicable), and registration number (if applicable). The County may inspect successful Quoter’s equipment at any time (before contract award if the Quoter has not yet obtained equipment).

The County may require, at its sole discretion, the apparent awardee(s) to have all equipment inspected by the County, Department of Public Works at the apparent awardee(s)’ location at a date and time to be specified by the County and prior to the award of this Contract. During this inspection, the County will make a determination of the suitability and capability of the

Contractor’s equipment to properly perform the required services, and also identify any safety issues. Any minor discrepancies, as defined by the County Utilities Division, will not be an obstacle to execution of the Contract, but must be corrected prior to the commencement of work. Equipment deemed insufficiently qualified, or of insufficient type and/or quantity to accomplish the work as quoted, shall be determined solely by the County Roads Division whose determination is not subject to appeal.

https://www.meetcharlescounty.com/

4. AWARD AND CONTRACT FORMATION

The County reserves the right to award a contract by individual items, in the aggregate, or in any combination thereof, or to reject any or all quotes and to waive any informality in quotes received whenever such rejection or waiver is in the best interest of the

County. Any contract awarded is contingent upon completion of the protest period.

4.1. Basis of Award

The County intends to make award to the lowest responsive, responsible quoter(s) based on the sum of Base Quote Items on the

Quotation Form, provided it is in County’s best interest to do so. The contract entered into with the successful quoter(s) shall meet all standard provisions required by the County. Any award made by the County is contingent upon completion of the seven (7) day protest period.

4.2. Term of Contract

The Contractor selected shall provide the services and all requirements contained herein for a base period commencing on the written notice of intent to award and after the expiration of the award protest period, unless notified otherwise by the County in writing, and ending on June 30, 2026, with three (3) optional one-year renewals at the sole option of the County. Each one-year renewal shall commence on July 1 and end on June 30 of the following calendar year.

This contract shall be automatically renewed unless notice of nonrenewal shall be made to the Contractor by Charles County

Government or to Charles County Government by the Contractor at least forty-five (45) calendar days prior to the contract anniversary date which is the date in the Notice to Proceed, contract begin date, or otherwise indicated by Charles County

Government.

4.3. Pricing Adjustment for Extension Years

Unit prices under the resulting Contract shall remain firm through the base term. Thereafter, pricing shall be adjusted at the beginning of each succeeding year and/or Contract renewal period at the written request of the Contractor to the Chief of

Purchasing. Pricing shall be adjusted by the percentage change in the Consumer Price Index (CPI) from the previous year. For purposes of this agreement, the CPI is defined as the Consumer Price Index for All Urban Consumers, All Items, as published by the United States Department of Labor, Bureau of Labor Statistics. For purposes of adjustment, the CPI used for each subsequent year of the Contract shall be the last published percentage change in the CPI (for the previous 12 months) either on, or prior to, the anniversary date of the Contract. Price adjustments shall take effect upon written approval by the County.

4.4. Quantity Contracts Awarded

The County intends to award a contract to one firm. The contract entered into with the successful quoter shall meet all standard provisions required by the County.

The County intends to contract with a single firm and not with multiple firms doing business as a joint venture. Where two or more

Quoters desire to submit a single quote in response to this RFQ, they should do so on a prime-subcontractor basis rather than as a joint venture.

4.5. Contract Execution

The successful Quoter to whom the Contract shall have been awarded shall receive a Notice of Intent to Award letter from the

Chief of Purchasing notifying them that their quote has been accepted. The effective date of the award is seven (7) consecutive calendar days after the date specified on the Notice of Intent to Award letter, unless notified otherwise in writing by the County.

The contract documents will consist of the Notice of Intent to Award letter, the Solicitation, the Quoter’s Quotation Package, and any addenda or other modifications to the solicitation. The Quoter shall furnish the County with all documentation requirements within fourteen (14) calendar days from the date stated on the Notice of Intent to Award letter, which may include, but is not limited to performance bonds and/or payment bonds, insurance certificates, equipment inspections, licenses, etc., as specified herein.

4.6. Contract Documents

All work under this project shall be in accordance with the contract documents. The Contract documents for this project includes, but is not necessarily limited to, this solicitation package, project plans and specifications as shown in RFQ and other referenced ordinances, manuals and specifications. Contract Documents shall also include:

A. All written modifications, amendments and change orders to this Agreement issued in accordance with the General

Provisions.

B. Contractor’s quote and accompanying exhibits submitted in response to the County’s Project Criteria and Solicitation;

and any solicited and/or unsolicited Alternates to the Solicitation accepted by the County in writing.

The Contract Documents are intended to permit the parties to complete the work and all obligations required by the Contract

Documents within the specified time(s) for the quote price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the

County will make a determination on which item of discrepancy shall take precedence. Within listed documents or group of documents, the later dated shall have precedence over the earlier requirements, and specific requirements shall have precedence over the general requirements.

4.7. Default and Suspension

If a Quoter who has been selected for award and offered a contract refuses or fails to execute the contract and/or fully comply with all requirements of this solicitation within fourteen (14) consecutive calendar days after receipt of formal notice of intent to award or an alternate date specified by the Chief of Purchasing, the Quoter may be considered to have defaulted with respect to execution of the contract, and to have abandoned all rights and interests in the contract. In such instance the bid security, if any, may be declared forfeited to the County without further notice to the Quoter. In the event of such default, award may then be made to another Quoter determined to be in the best interest of the County, or the solicitation may be cancelled and/or re-advertised for bids as deemed if deemed in the best interests of the County.

A Contractor, who has executed a contract with the County, may be considered to have defaulted in the performance of the Contract, by: failure to comply with the requirements of the contract, sub-standard performance, failing to complete the contract, and/or by other significant errors and omissions as determined by the Project Manager and the Chief of Purchasing. In such instance, the

Contractor’s performance and/or payments bonds, if any, may be exercised, and the Contract terminated and awarded to another

Quoter if determined to be in the best interest of the County.

A Quoter/Contractor, who has defaulted as discussed above, may be declared by the Chief of Purchasing to be ineligible to quote/bid on future County solicitations for a period of up to two (2) years from the date the County determined the Quoter/Contractor to have defaulted. This determination by the Chief of Purchasing shall be final, and not subject to appeal.

4.8. Quoter/Award Protests

A. All protests made pursuant to solicitations must be in writing and delivered to the Chief of Purchasing within the timeframes specified:

1. Protests must be delivered to the Chief of Purchasing no later than seven (7) consecutive calendar days after the basis for the protest (i.e. notification of rejection of Quoter’s quote, notification of removal of Quoter from consideration, etc.) is known or should have been known, whichever is earlier.

2. If protesting contract award, the protest must be delivered to the Chief of Purchasing within seven (7) consecutive calendar days after the Purchasing Division has publicly posted the proposed contract award. This provision shall only apply to “aggrieved” Quoters.

3. If Quoter seeks as a remedy the cancellation or amendment of the solicitation, the protest must be delivered to the

Chief of Purchasing before the submission date for quotes/bids/proposals.

4. If the County is closed for business at the due date and time, for whatever reasons, protests will be accepted on the next business day of the County prior to 12:00 p.m. (Eastern Time).

Protests shall be considered timely only if received in the Purchasing Division office prior to close of business within the timeframes specified above.

B. All protests made pursuant to solicitations shall be delivered to the Chief of Purchasing:

ATTN: Chief of Purchasing, Purchasing Division (Room B130)

200 Baltimore Street, La Plata, Maryland 20646

C. Each protest must contain a protest filing fee in the amount of $500 (US currency); if the fee is paid by check, then the check must be made out to “Charles County Government”. The Chief of Purchasing, may, at his sole election, return the filing fee to the protesting Quoter, if the protest is sustained. Filing fees for unsustained protests shall not be returned.

The Chief of Purchasing must dismiss any protest not timely received.

D. Only a Quoter that is “aggrieved” is eligible to file a protest. Aggrieved means that the Quoter who is filing the protest is susceptible for an award of the contract if the protest is sustained (e.g., a fourth ranked Quoter is not aggrieved unless the grounds for a protest, if sustained, would disqualify the top three ranked Quoters or would require that the solicitation be reissued). Each protest must contain the following: identification of the solicitation; the name, address and telephone number of the protesting Quoter; a statement supporting that the Quoter is aggrieved; and specification of all grounds for the protest, including submission of detailed facts and all relevant documents, citation to relevant language in the solicitation, regulations, or law relied upon; and, all other matters which the Quoter contends supports the protest. The burden of production of all relevant evidence, data and documents, and the burden of persuasive argument to support the protest is on the Quoter making the protest.

E. The Chief of Purchasing shall forward to the County Attorney, all protests timely received and appropriate information addressing the circumstances of the protest. The Chief of Purchasing shall also forward for the County Attorney’s information, all protests not timely received and/or otherwise ineligible, that was dismissed by the Chief of Purchasing.

F. The Chief of Purchasing, after consultation with the County Attorney, shall determine whether to sustain or reject the protest, and shall provide written notice of his determination to the Quoter making the protest, and to the County Attorney.

In the case of a sustained protest, the Chief of Purchasing, after consultation with the County Attorney, shall determine what remedy shall be taken to redress the protest. Decisions shall be final, and not subject to appeal.

4.9. Performance Evaluations

The County shall perform periodic performance evaluations, at the County’s discretion, on all work performed by the Contractor under this Contract. The Contractor shall have the opportunity to review performance evaluations upon request. Performance evaluations shall be maintained in the County’s contract files.

4.10. Assignment of Contract

The Contractor shall not sublet any portion of this contract or assign or transfer any interest in this contract without receiving prior written approval from the County, Chief of Purchasing.

4.11. Subcontractors

Subcontractors may not be used in the conduct of this contract without express written approval of the County. The County reserves the right to reject any subcontracted relationship if changes or additions of subcontractors are necessary during the life of the contract. Subcontracts for any portion of this contract must be clearly identified in the Offeror's proposal. Subcontracts are subject to Minority and Women Business Enterprise (MBE) Program and Small Local Business Enterprise (SLBE) requirements detailed herein. Prime contractor shall perform a minimum of fifty percent (50%) of the work.

4.12. News Release

No news releases pertaining to this quote request or the service, study, or project to which it relates will be made without County approval.

4.13. Public Information Act/Confidentiality Notice

Quoter should give specific attention and identification of those specific portions of their quotes which they deem to contain confidential and/or proprietary information. Such information must be individually noted as being confidential or proprietary, either at that location, or in a separate consolidated listing contained within the bid/proposal/quote and provide justification of why the material should not be subject to disclosure by the County upon request under the Maryland Public Information Act. Quoters may not declare their entire bid/proposal/quote package to be confidential or proprietary. Failure to provide specific identification and justification may result in the County releasing the information if requested to do so.

4.14. Campaign Finance Reform Act of 2013

The Maryland Campaign Finance Reform Act of 2013 dictates that vendors with single contracts of $200,000 or more shall file certain campaign finance-related disclosures with the Maryland State Board of Elections. Vendors shall certify that they have filed the requisite disclosure, and if the vendor fails to provide this certification, the County must notify the State. In the event of Contract award, the Contractor shall certify that campaign finance-related disclosures are filed with the Maryland State Board of Elections as applicable.

4.15. Holiday Schedule

The following holidays are observed by the County:

• New Year's Break (Close at 12:00pm New Year's Eve, New Year's Day, Day after New Years)

• Martin Luther Ling Jr's Birthday

• Super Bowl Monday

• Washington's Birthday

• Eid al Fitr

• Good Friday

• Easter Monday

• Memorial Day

• Eid al Adha

• Juneteenth

• Independence Day

• Labor Day

• Indigenous People's Day

• Veterans Day

• Election Day (When Applicable)

• Thanksgiving Closure (Wed, Thur, Fri of Thanksgiving)

• Christmas Break (Close at 12:00pm Christmas Eve, Christmas Day, Day after Christmas)

4.16. Cooperative Purchasing

Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by the Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions.

The Mid-Atlantic Purchasing Team Cooperative Ride Clause is hereby incorporated into this solicitation. Refer to the County’s

Website at: https://www.charlescountymd.gov/home/showpublisheddocument/15127/638182853727870000 https://www.charlescountymd.gov/home/showpublisheddocument/15127/638182853727870000

5. GENERAL PROVISIONS

5.1. Definitions

Bid: Response submitted to this solicitation, and shall be synonymous with the term’s “offer”, “proposal”, “quote”, etc.

Bid Bond: The security to be furnished by the quoter/bidder/offeror as a guaranty of good faith to enter into a contract with the

COUNTY for the proposed work if such work is awarded to them.

Bidder: The person or persons, partnership, firm or corporation submitting a quote/bid/proposal for the work contemplated, and shall be synonymous with the terms “quoter”, “offeror”, etc.

Commissioners: The County Commissioners of Charles County.

County: The County Commissioners of Charles County, Maryland.

Contract: The written agreement executed by the County Commissioners of Charles County and the successful quoter/bidder/offeror, covering the performance of the work and the furnishing of materials required in the construction of the project. The contract shall include conventional contract or award letter instructions to quoters/bidders or request for proposals, quote/bid/proposal, general provisions, special provisions, addenda, drawings, performance bond, extra work orders and any other written instructions pertaining to the method and manner of performing the work.

Contingent Item: Any item listed on the plans or called for in the Special Provisions and included in the quote/bid/proposal merely for the purpose of obtaining a contract price in case it may be needed.

Contracting Officer: The Director of the Using Department and includes a duly appointed successor or authorized representative.

Contracting Authority: The County Commissioners of Charles County.

Contractor: The person or persons, partnership, firm or corporation who enters into a contract awarded to them by the COUNTY.

Department: The authorized division or agency of Charles County Government responsible for the service or work for which the contract will be written.

Days: Calendar Days

Drawings: All drawings or reproductions there of pertaining to the construction of the work which are approved by the

CONTRACTING OFFICER.

Extra Work: A written order to the CONTRACTOR and signed by the CONTRACTING OFFICER, ordering a change in or an addition to the work from that originally shown by the drawings and specifications.

General Provisions: All requirements and provisions contained in this document.

Offeror: The person or persons, partnership, firm or corporation submitting a quote/bid/proposal for the work contemplated, and shall be synonymous with the terms “quoter”, “bidder”, etc.

Owner: The entity holding title or having vested interest in the property and rights associated with the property.

Payment Bond: The approved form of security executed by the CONTRACTOR and their surety, guaranteeing payment of all labor, materials, supplies and rental of equipment reasonably required and used or consumed in the performance of the contract.

Performance Bond: The approved form of security executed by the CONTRACTOR and their surety, guaranteeing complete execution of the contract.

Proposal: Response submitted to this solicitation, and shall be synonymous with the terms “offer”, “bid”, “quote”, etc.

Quote: Response submitted to this solicitation, and shall be synonymous with the terms “offer”, “proposal”, “bid”, etc.

Quoter: The person or persons, partnership, firm or corporation submitting a quote/bid/proposal for the work contemplated, and shall be synonymous with the terms “offeror”, “bidder”, etc.

Special Provisions: Statements modifying or changing the requirements or provisions of the General Specifications or adding new requirements or provisions thereto.

Specifications: The General Provisions, Special Provisions, and all written or printed agreements and instructions pertaining to the performance of the work to be performed and/or the quantity and quality of the work/materials to be furnished under the contract.

5.2. Indemnification Clause

The Contractor shall protect, hold free and harmless, defend and indemnify Charles County, including its officers, agents, and employees from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees, resulting from injury to, or death of, any person or damage to property of any kind, which injury, death or damage arises out of, or is any way connected with the performance of the work under this contract. This agreement shall apply to any acts or omissions, negligent conduct, whether active or passive, including acts or omissions of contractor’s agents or employees; except that this agreement shall not be applicable to injury, death or damage to the property arising from the sole negligence of Charles

County, its officers, agents, and employees.

5.3. Governing Law

This Contract shall be governed by and construed only in accordance with the laws of the State of Maryland.

5.4. Payment of Taxes

The firm awarded the contract resulting from this solicitation shall be responsible for paying all Maryland sales tax, and any other applicable taxes, on items purchased by the Contractor in the pursuit of this contract. The County tax exempt status cannot be transferred to the Contractor.

5.5. Specifications and Drawings

The CONTRACTOR shall keep on the work site a copy of the drawings and specifications and shall at all times give the

CONTRACTING OFFICER access thereto. Anything mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the matter shall be promptly submitted to the CONTRACTING OFFICER, who shall promptly make a determination in writing. Any adjustment by the CONTRACTOR without such a determination shall be at its own risk and expense. The CONTRACTING OFFICER shall furnish from time to time such detailed drawings and other information as they may consider necessary, unless otherwise provided.

5.6. Changes

A. The CONTRACTING OFFICER may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the work within the general scope of the contract, including but not limited to changes:

(1) In the specifications (including drawings and design);

(2) In the method or manner of performance of the work;

(3) In the COUNTY furnished facilities, equipment, materials, services, or site; or

(4) Directing acceleration in the performance of the work.

Any other written order or an oral order (which terms as used in this paragraph (B.) shall include direction, instruction, interpretation, or determination) from the CONTRACTING OFFICER, which causes any such change, shall be treated as a change order under this article, provided that the CONTRACTOR gives the CONTRACTING OFFICER written notice stating the date, circumstances, and source of the order and that the CONTRACTOR regards the order as a change order.

B. Except as herein provided, no order,…