IFB-25-017-2024_Construct_Paramedic_Station_4.pdf

INVITATION FOR BID

IFB B-25-017

CONSTRUCT PARAMEDIC STATION #4

Cecil County

200 Chesapeake Blvd

Elkton, MD 21921

RELEASE DATE: August 14, 2024

DEADLINE FOR QUESTIONS: September 20, 2024

RESPONSE DEADLINE: October 2, 2024, 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

Construct Paramedic Station #4

I. Introduction II. Invitation For Bid

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

VI. General Conditions VII. Project Funding

VIII. Award Information IX. Local Contractor Preference X. Non-Resident Contractor Notification

XI. Insurance Provisions XII. Bid Sheet

XIII. Bid Submission

Attachments:

A - PROJECT_PROFILE_FORM

B - CERTIFICATION OF CONTRACTORS QUALIFICATIONS

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

D - County Holidays

E - EXPERIENCE AND EQUIPMENT CERTIFICATION-E and S

F - Cecil Co EMS 4 Contract Documents - Drawings

G - EMS 4 Contract Documents - Specifications

Invitation For Bid #IFB B-25-017 Title: Construct Paramedic Station #4

1. Introduction

1.1. Summary

Sealed bids for solicitation IFB Construct Paramedic Station #4 as described in specifications for Cecil County, Maryland, will be received from qualified bidders until 12:00 pm on Wednesday, October 2, 2024.

This contract is for a project which consists of the construction of an approximately 7,126 square foot, two-bay drive-through EMS station with administrative, support, and living areas. The work will include site/civil, general construction, mechanical, electrical, plumbing and fire protection engineering.

1.2. Contact Information

Connie Kamit Procurement Manager 200 Chesapeake Blvd.

Elkton, MD 21921 Email: ckamit@cecilcountymd.gov Phone: (410) 996-8121

Department:

Department Public Works

Department Head:

Scott Flanigan Director

1.3. Timeline

Release Project Date August 14, 2024

Pre-Bid Meeting (Non-Mandatory) September 10, 2024, 10:00am

Agenda

Virtual - Click on AGENDA for Zoom log-in link

Site Visit September 11, 2024 at 10:00 AM EST

831 Appleton Road, Elkton, MD 21921

Question Submission Deadline September 20, 2024, 3:00pm

Bid Submission Deadline October 2, 2024, 12:00pm mailto:ckamit@cecilcountymd.gov tel:(410)996-8121 https://zoom.us/j/94546893931?pwd=ylapWO8Ux8PtJ48Bj50Cwk4qCb6FRr.1

Bid Opening October 2, 2024, 2:00pm

Agenda

Virtual - Click on AGENDA for Zoom log-in link https://zoom.us/j/97824684738?pwd=31IViBckaJrdcf2Y0AS2XUZIHYnhXV.1

2. Invitation For Bid

2.1. Pre-Bid Meeting (Optional)

An OPTIONAL pre-bid meeting will be held via video conference on Tuesday, September 10, 2024 at 10:00 am.

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

2.2. Site Visit

An optional site visits will be held on September 11, 2024 at 10:00 AM EST at 831 Appleton Road, Elkton, MD 21921.

2.3. Bid Submission

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

2.4. Questions

All questions shall be asked using the question & answer feature via OpenGov Procurement by 3:00 pm on Friday, September 20, 2024.

2.5. Bid Opening

Bid opening will be held on 2 October, 2024 at 2:00 PM EST.

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

2.6. Bid Packages

Bid packages can be downloaded on Cecil County's OpenGov Procurement Portal (https://procurement.opengov.com/portal/cecil/projects/84093 ) 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/84093 https://procurement.opengov.com/portal/cecil/projects/84093 https://procurement.opengov.com/portal/cecil/projects/84093

3. Submittal Requirements

The cost of preparing Bids is the responsibility of Bidders.

3.1. ELECTRONIC SUBMITTALS (MANDATORY)

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

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

ELECTRONIC SUBMITTAL PROCESS

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

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

After submitting a Bid via OpenGov Procurement Portal and upon successful receipt by the County thereof, Bidder will receive an auto-receipt email from OpenGov Procurement. This receipt is proof that the bid has been received by the Purchasing Division and should be retained for Bidder’s records. The County has no obligation to consider any Bid for which an auto-receipt was not generated.

3.2. CERTIFIED CHECK OR BID BOND

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/84093/document?section=754165

4. Notice To Bidders

All parties interested in submitting a Bid to complete the work detailed and specified for this project, must thoroughly review, and properly complete all forms and questions provided in the #Bid Submission section. Failure to complete such forms may result in the rejection of the Bid. Owner reserves the right to reject any or all Bids containing bidding irregularities.

https://procurement.opengov.com/portal/cecil/projects/84093/document?section=754158

5. Special Provisions

5.1. GENERAL

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

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

2. Maryland Department of Transportation, State Highway Administration, Standard Specifications for Construction and Materials, dated July 2020, including all revisions. All references to “State of Maryland”, “State”, “S.H.A.”, and “Administration” in the Maryland State Highway Specifications and this Invitation for Bid shall mean Cecil County, Maryland. All references to “Engineer” in the Maryland State Highway Specifications and this Invitation for Bid shall mean the Cecil County Engineer or authorized representative.

3. Standard MD Details referred to on the Plans shall be those of the current State Highway Administration Book of Standards for Highway and Incidental Structure.

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

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

5.2. ORDER OF PRECEDENCE FOR CONTRACT DOCUMENTS

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

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

5.3. SCOPE OF WORK (including specifications)

Project Location: Undeveloped County Site, located adjacent to the Cecil County Farm Museum and the Cecil County School of Technology

Project Address: 831 Appleton Road, Elkton, MD 21921

Project Description: The construction of an approximately 7,126 SF, two-bay drive-through EMS station with administrative, support, and living areas. The work will include site/civil, general construction, mechanical, electrical, plumbing and fire protection engineering.

5.4. PERMITS

Erosion and Sediment Control approval is required for this project. Cecil County Soil Conservation District approved plans are a part of the Contract Documents. NPDES Permit is required for this project.

Stormwater Management approval is required for this project. Cecil County Department of Public Works approved plans are a part of the Contract Documents.

A Non-Tidal Wetland / Waterway Construction Permit is not required for this project. There is no instream restriction for this project.

The Contractor shall thoroughly familiarize itself with the terms and conditions of all applicable project permits. While the County has obtained the above referenced permits, it is the Contractor’s sole responsibility to abide by and/or perform in accordance with all of the terms and conditions of these permits. Any permit violations, fines, fees, or claims arising from the Contractor’s failure to comply with permit conditions will be the sole responsibility of the Contractor and not the County, and the Contractor shall hold the County harmless and indemnify the County against all fines, fees, or claims arising out Contractor violation of said permits. All modifications of these approvals and/or permits shall be obtained and paid for by the Contractor.

5.5. 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.

C. 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.

D. 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.

E. It shall be the contractor’s responsibility to furnish all fabricated materials (e.g., precast concrete, metals, mechanical/electrical equipment, and any other materials or products requiring fabrication) in new condition as per the project documents. The contractor is responsible for ensuring all fabricated materials are constructed in accordance with the project specifications. The County reserves the right to reject any fabricated materials/equipment observed to have been repaired without the consent of the County, to be damaged or defective, or not in compliance with the contract documents at any time (fabrication or field) during the contract period.

F. It shall be the Contractor’s responsibility to obtain all necessary building and electrical permits through Cecil County Department of Permits and Inspections, and to follow all requirements of the permits. If a grading permit is required it will be the responsibility for the Contractor to obtain this permit from the Cecil County Department of Land Use and Development Services, Division of Development Plans Review, prior to earth disturbing activities.

G. The contractor shall provide a copy of all required licenses to perform the work of prime and/or subcontractors to the County prior to commencing with that phase of work.

H. The contractor shall coordinate with adjacent property owners to minimize inconvenience.

I. Stormwater As-Built Documents: If the Contract includes a Storm-Water Management Plan, upon completion of the construction project, a stormwater management as-built plan shall be submitted to the Cecil County Department of Land Use and Development Services, Division of Development Plans Review in accordance with the most current as-built plan review checklist for approval.

J. As-Built Documents: The Contractor is required to survey the location of all newly constructed infrastructure and provide an as-built record drawing to the Cecil County Department of Public Works. Contract retainage will not be released until the record drawing is received and approved by the Construction Manager and Engineer.

The following as-built information is required for this project:

x Road x Structural x Storm Drain x Sewer x Water x Building

K. The contractor shall assign an Erosion Control Manager who is certified and has a current “green” or “yellow” card. The erosion control manager will be onsite during earth disturbing activities and will be responsible for inspections as required and record keeping.

5.6. TIME OF COMPLETION DATE

A. The completion time for this Contract shall be a maximum of 360 work days and shall begin on the actual start date of the Project as per “Notice to Proceed”.

B. If the work is delayed through no fault of the Contractor, the time of completion shall be extended as determined by the County.

C. Should work not be completed by 360 work days the Contractor shall be assessed $1,800 per work day Liquidated Damage Cost for each day thereafter until the project is completed and accepted by the Owner.

The time frame applies to the estimated quantity of services under this bid. Should the number of services increase by more than 10%, the time frame will be increased proportionately.

5.7. SCHEDULE OF OPERATIONS

Before commencement of any work on this project, the Contractor shall submit and obtain the County’s approval of a Schedule of Operation. The Schedule of Operation shall include the methods of operation and construction sequences and shall provide for the completion of the project within the time of completion specified. It shall make reasonable accommodation for weather delays and shall reflect County-observed holidays. Work is not permitted on Saturday or Sunday and the standard work week is Monday through Friday from 7:30 am to 3:30 pm and the contractor shall schedule its operations accordingly.

Unless stated otherwise the schedule may be a bar chart activity chart or in a CPM schedule format. The contractor must provide an updated schedule with each periodic estimate. Payment of periodic estimates will not be approved unless an updated schedule is submitted.

5.8. INSPECTION

The County may appoint such persons as deemed necessary to properly inspect the materials furnished or to be furnished, and the work performed under this Contract, and to see that the same strictly corresponds with the drawings and specifications; such materials and workmanship shall be subject to the approval of the County, but no inspection, approval or acceptance of any part of the work herein contracted for, or of the materials used therein or any payment on account thereof, shall prevent the rejection of said work or materials found to be defective, or not, in accordance with the requirements of the Contract. Work and materials will be inspected promptly, but if for any reason delay should occur, the Contractor shall have no claim for damages or extra compensation. The Contractor shall provide testing as required by this Contract. It is the Contractor’s responsibility to coordinate all testing/inspection in advance with County Inspector(s). Inspectors are available from 7:30 AM – 3:30

PM.

5.9. PROTECTION OF EXISTING UTILITIES

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

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

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

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

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

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

The utility owner may elect to repair the damage with its own forces, its sub-contractors, or the Awarded Contractor(s) on this project. In all cases, the Contractor(s) is liable for all costs of the repair of the damages to the satisfaction of the affected utility owner.

G. The Contractor(s) will notify the Project Manager immediately by telephone of any emergency, subsurface or latent physical condition found along with the recommendations for dealing with the matter. Any changes found necessary by the County or the Contractor(s) not covered under the original scope of work, specification or drawing(s) shall be jointly agreed upon by the Contractor(s) and County. Any additional services or costs associated with the task/project must be submitted in writing by the Contractor(s) and an amendment to the purchase order must be made and approved by the County before the work can proceed. The County assumes no responsibility for oral/verbal communications, instructions, or suggestions.

5.10. SAFETY

Before commencement of any work on this project, the Contractor shall submit and obtain the County’s acknowledgement of an established Company Safety Program. Work performed shall be consistent with the following guidelines and references and in compliance with all applicable local, state, and federal regulations and standards including, but not limited to, those listed below. In the case that these requirements are conflicting, the one which offers the greatest protection shall be followed.

A. Occupational Safety and Health Administration (OSHA) Construction Industry Standards, 29 CFR1926, and General Industry Standards, 29 CFR 1910.

B. National Fire Protection Association (NFPA), 327

At a minimum, all workers employed by the contractor or any subcontractors shall wear and/or use the following:

• Standard work clothes (long pants, shirts with sleeves)

• Hard Hat (as work tasks dictate)

• High visibility safety shirt, vest, or jacket

• Steel toe work boots

• Leather work gloves (as work tasks dictate)

• Safety glasses with affixed side shields (as work tasks dictate)

• Hearing protection (as work tasks dictate)

Hazards associated with the work shall be evaluated by the contractor and appropriate measures taken to ensure the safety of contractor employees, County personnel, and the public.

5.11. TRAFFIC CONTROL

Contractor shall provide all necessary traffic control devices and personnel to protect construction personnel and traveling public to the satisfaction of the Department of Public Works and in accordance with MOSH/OSHA Standards and the Maryland Manual of Uniform Traffic Control Devices, 2011 Edition and all revisions.

Penalties: It is the Contractor's responsibility to install and maintain the maintenance of traffic operations, as specified in the contract documents, throughout the duration of the project. The Contractor will be issued a written and/or verbal notice of violation for maintenance of traffic operations not in compliance with the contract documents by the County and/or their representatives. Immediate action to correct the violation is required within 24 hours of the written and/or verbal notification. Failure to correct the violation after the first 24 hours will result in penalties of $100.00 per 24 hours until corrected and accepted by the County. Examples of violations, but not limited to, as follows:

• Operations not in accordance with the project specifications.

• Damaged or missing signage.

Fines, in any, will be deducted from the monthly invoice payment.

5.12. EQUIPMENT

A. All equipment required to perform standard/typical work under this Contract shall be provided by the Awarded Contractor(s) and shall be normally available.

B. The Awarded Contractors’ equipment shall be in good working condition and shall conform to all required safety standards.

C. All associated rental charges for equipment used by the Awarded Contractor(s) are considered overhead and shall be included in the hourly rates submitted as part of this bid and shall not be considered an extra expense.

D. Use of County equipment is prohibited.

5.13. OFFICE TRAILER

The Contractor is required to maintain an office trailer onsite for the duration of the project. If an office trailer is needed to support the work, the Contractor shall supply all required temporary utilities (e.g., electric, water, lighting, heating, etc.) and office furnishing as specified. Cost of these facilities will be incidental to the Contract. See Contract Documents for requirements.

5.14. SANITARY FACILITIES

The Contractor shall provide portable sanitary facilities, maintain same during the length of the project, and remove same when project is done. See Contract Documents for requirements.

5.15. SITE CLEAN UP AND RESTORATION

A. The Contractor shall keep all trash, garbage, spent material containers, etc., picked up on a daily basis.

B. The Contractor shall restore the site to a condition equal to that in which it was found.

C. Should daily site cleaning and final restoration not be performed, the Owner shall have such done with the costs of same being charged to the Contractor.

5.16. PROJECT SIGN

The contractor shall provide a 4 ft by 8 ft project sign, as shown in the example below and maintain the project sign until the project is completed. All sign materials and sign supports shall meet the requirements of Section 812.02 and 813.02 of the Maryland SHA Standard Specifications.

The contractor shall erect the sign at a location on the project site as directed by the Engineer using 4”x6” wood sign supports. Construction of the project sign and wood sign supports shall be in accordance with Sections 812.03 and 813.03 of the Maryland SHA Standard Specifications. The contractor shall submit shop drawings of the project sign for approval by the Engineer prior to manufacturing.

Furnishing and installation of the project sign and all supports including post excavation and all labor, equipment, tools, and incidentals necessary to complete the work shall not be measured but shall be incidental to the Contract lump sum price for Mobilization.

6. General Conditions

6.1. GENERAL

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

6.2. DEFINITIONS

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

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

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

6.3. QUESTIONS/ADDENDA

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

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

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

6.4. EXAMINATION OF SITE AND DATA

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

6.5. MARYLAND REGISTRATION/QUALIFICATION REQUIREMENTS

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

Maryland.

https://procurement.opengov.com/portal/cecil/projects/84093 https://procurement.opengov.com/portal/cecil/projects/84093

All proposers must be registered to do business in the State of Maryland in accordance with the Annotated Code of Maryland Corporations and Associations Sec. 2-102 Formation generally, Sec. 7-202 Registration to do interstate and foreign* business, and/or Sec. 7-203 Qualification to do intrastate. For Information on registering or qualifying a corporation, LLC, LLP or LP call the Maryland Department of Assessments and Taxation (SDAT) at (410) 767-1340. Sole Proprietors and General Partnerships may call

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

*”a corporation, association, or joint-stock company organized under the laws of the United States, another state of the United States, a territory, possession, or district of the United States, or a foreign country.”

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

Bidders shall provide a copy Certificate of Status from the Maryland Department of Assessments and Taxation, evidence that the Bidder is in good standing with the State of Maryland.

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

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

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

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

6.6. 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.

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

6.7. 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.

6.8. 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.

6.9. PRICES

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

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

6.10. SALES TAX

In buying products directly from a vendor Cecil County, Maryland is exempt from being directly charged Federal excise and Maryland sales tax. A copy of an exemption certificate shall be furnished upon request.

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

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

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

6.11. TRANSPORTATION

Prices quoted shall be net, including transportation and delivery charges fully pre-paid by the seller, f.o.b.

destination (PROJECT SITE) unless otherwise stated in the specifications or bid form. No additional charges will be allowed for packing, packages, or partial delivery costs. By submitting their quote, all vendors certify and warrant that the price offered for f.o.b. destination includes only the actual freight rate cost at the lowest and best rate and is based upon the actual weight of the goods to be shipped. Standard https://procurement.opengov.com/portal/cecil/projects/84093/document?section=754161 commercial packaging, packing, and shipping containers will be used, except as otherwise specified herein.

6.12. SUBLETTING OF CONTRACT

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

6.13. APPROXIMATE QUANTITIES

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

6.14. CONTINGENT ITEMS

Construction items which are identified in the “Bid Form” as “Contingent Bid Items” are established for the sole purpose of obtaining unit costs on pay items that may be incorporated into the project. The County’s representative shall have sole discretion in determining whether and to what extent such items will be incorporated into the project. The County’s Representative may order incorporation of such items at any location within the Contract and at any time during the work. Neither the Contractor nor their subcontractor(s) and the County shall make claims for additional compensation because of any increase, decrease, or elimination of such items.

6.15. ALTERATIONS

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

6.16. DAMAGES

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

6.17. CONTRACT TERM

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

6.18. RIGHT TO TERMINATE

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

6.19. TEMPORARY SUSPENSION OF THE WORK

The County shall have the authority to suspend the work wholly or in part for such period or periods as it may deem necessary, due to unsuitable weather or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the Contractor to carry out orders given or to perform any or all provisions of the Contract. The Contractor shall immediately comply with the written order of the County to suspend work wholly or in part. In all cases of suspension of construction operations, the work shall not be resumed again until the County gives written permission. Provided that reasonable cause exists for the County to exercise this authority to suspend the Work, the Contractor agrees that he shall not make any claim for charges or claims for damages by him for any delays or hindrances, from any cause whatsoever during the progress of any portion of the services specified in this Agreement. Such delays or hindrances, if any, may be compensated for by an extension of contract time only for such reasonable period as the County may decide. Time extensions will be granted only for excusable delays such as delays beyond the control and without the fault or negligence of the Contractor.

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

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

6.20. ANNULMENT OF CONTRACT

Should the Contractor fail to make satisfactory progress, or to comply with orders of the County, or should he neglect or refuse to remove materials, or to perform anew such work as has been rejected as defective and unsuitable, or if the Contractor shall become insolvent or be declared bankrupt, or shall make an assignment for the benefit of creditors or from any other cause shall not carry on the work in an acceptable manner, the County shall have the right to annul its Contract without process or action at law, and to turn over to the surety for completion or, at County’s option, or in case performance is guaranteed by negotiable securities, to take over the work and complete it, either by day labor or by re-letting all or any part of the work. Upon receiving notice to this effect, the Contractor shall vacate possession and give up the said work, or the parts thereof specified in said notice, peaceably to the County. Neither by taking over of the work by the County, nor by the annulment of the Contract shall the County forfeit the right to recover damages from the Contractor or Contractor’s Surety for failure to complete the Contract. Should the cost of completing the work be in excess of the original Contract price, the Contractor and Contractor’s Surety shall be held responsible for such excess cost.

6.21. EXTRA WORK

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

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

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

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

6.22. EXTRA WORK AS A PART OF CONTRACT

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

6.23. FORCE ACCOUNT WORK

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

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

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

C. For any machine-power tools or equipment, and for any hauling equipment, including fuel and lubricants, which it may be deemed necessary or desirable to use, the County shall allow the Contractor a reasonable rental price, to be agreed upon in writing before such work is begun, for each and every hour/day/week or month that said tools or equipment are in use on such work, and to which sum no percentage shall be added.

The compensation as herein provided shall be received by the Contractor as payment in full for extra work performed on a “Force Account” basis, and shall include supervision, use of tools and equipment for which no rental is allowed, and profit. The Contractor’s representatives and the County shall compare records of extra work done on a “Force Account” basis at the end of each day. Copies of these records shall be made in duplicate, upon the County’s “Force Account” forms provided for this purpose, by the County and signed by both the County and the Contractor’s representatives, one copy being forwarded respectively to the County and the Contractor. All claims for extra work performed on a “Force Account” basis shall be submitted to the County by the Contractor upon certified triplicate statements, which shall also include the value of all material used in such work; and said statement shall be filed not later than the fifteenth (15th) day of the month following that in which the work was actually performed and shall include all labor charges, etc., and material charges insofar as they can be verified.

Should the Contractor refuse or fail to prosecute the work as directed or to document a claim as required, then the County may withhold payment of all current estimates until the Contractor’s refusal or failure is eliminated, or after giving the Contractor due notice, the County may make payment for said work on the basis of a reasonable estimate of the value of the work performed.

On extra work as defined in this paragraph, the Contractor will be reimbursed for expenditures for Workmen’s Compensation Insurance, Public Liability Insurance, Social Security Taxes and Unemployment Compensation covering the men actually engaged upon such extra work. No percentage will be added to such payments, but the Contractor shall be entitled to receive only the actual amount of money expended for such Workmen’s Compensation Insurance, Public Liability Insurance, Social Security Taxes, and Unemployment Compensation. Such payments shall be based upon the prevailing standard insurance rates supported by receipted vouchers from the insurance vendors and upon the actual amount of taxes paid for Social Security and Unemployment Compensation as evidenced by proper documents furnished by the Contractor.

6.24. 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”.

6.25. 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.

6.26. 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.

6.27. 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.