ITB 27-05-C, Piney Point FM Replacement Phase 1, Project 5171MS.pdf

St. Mary’s County Metropolitan Commission

Invitation to Bid

Bid Number: 27-05-C

Bid Date: October 28, 2026

Bid Name: Piney Point/St. George’s Island Force Main Replacement Phase 1, Project 5171MS

Bid Opening:

December 01, 2026

23121 Camden Way

California, MD 20619 Phone: 301-737-7400

Fax: 301-737-7457

ITB 27-05-C, Table of Contents Page 1 of 2

TABLE OF CONTENTS

Piney Point/St. George’s Island Force Main Replacement Phase 1

Project 5171MS

DIVISION 1: GENERAL TERMS & CONDITIONS

TITLE PAGE

Advertisement Section A Definitions Section B General Intent & Scope Section C Instructions to Bidders Section D General Conditions Section E General Requirements Section F Care and Protection of Work Section G Legal Relations & Insurance Requirements Section H Invoicing and Payment Section I Contract Award Section J Required Documents Section K Bid Form Qualification Certification Corporate Resolution Affidavit

ATTACHMENTS

APPENDIX A CONSENT DECREE NOTIFICATION

DIVISION 2: SPECIAL PROVISIONS/TECHNICAL REQUIREMENTS & SPECIFICATIONS

PART 1 GENERAL & TECHNICAL REQUIREMENTS

TITLE PAGE

Special Provisions Cover Special Provisions .................................................................... SP-1 thru SP-47

St. Mary’s County Metropolitan Commission Technical Specifications

(Most applicable sections are included. The Contractor shall comply with all applicable Technical Specifications as all are incorporated by reference into the Contract Documents.

The Contractor shall also comply with the Special Provisions, as they have incorporated revisions to these Technical Specifications.)

Section 01107 Construction Stakeout Section 01108 Mobilization Section 02012 Test Pits Section 02050 Removal or Abandonment of Existing Utilities Section 02110 Clearing and Grubbing Section 02240 Aggregate Backfill Section 02250 Trench Excavation, Backfill and Compaction

ITB 27-05-C, Table of Contents Page 2 of 2

Section 02512 Dewatering Section 02551 Water Main Installation and Chlorination Section 02563 Sanitary Sewer Force Mains Section 02800 Restoration Section 02820 Turf Establishment Section 02830 Sodding Section 02850 Soil Stabilization Matting Section 03200 Concrete Reinforcement Section 03300 Cast-in-Place Concrete Section 03400 Precast Concrete Utility Structures Section 03500 Flowable Fly Ash

PART 2 ATTACHMENTS

APPENDIX A SOIL BORING LOGS & LABORATORY TEST RESULTS FOR SEGMENTS A THRU C

APPENDIX B SOIL BORING LOGS & LABORATORY TEST RESULTS FOR SEGMENTS D AND E

APPENDIX C ST. MARY’S COUNTY GOVERNMENT DPW&T AND MDOT STATE HIGHWAY

ADMINISTRATION UTILITY PERMITS

APPENDIX D DEPARTMENT OF THE ARMY CORPS OF ENGINEERS, BALTIMORE DISTRICT

EVALUATION AND REVIEW COMMENTS

APPENDIX E AUTHORIZATION FOR COVERAGE UNDER THE GENERAL PERMIT FOR STORMWATER

ASSOCIATED WITH CONSTRUCTION ACTIVITY

APPENDIX F MDE TIER II SUPPLEMENTARY BMPS FOR SEDIMENT AND EROSION CONTROL

ITB 27-05-C, Piney Point FM Replacement Phase 1, Project 5171MS.docx 1

St. Mary’s County Metropolitan Commission Invitation to Bid (ITB)

Piney Point/St. George’s Island Force Main Replacement Phase 1

Project 5171MS Bid Number: 27-05-C

The St. Mary’s County Metropolitan Commission is currently soliciting for bids for the replacement of sections of the Piney Point and St. George Island Force Mains.

A Pre-Bid conference will be held on the date and time shown below at the Commission’s Administrative Office located at 23121 Camden Way, California, Maryland, 20619 to review the requirements outlined in the Bid Package.

A site visit will follow immediately after the Pre-Bid conference. All potential bidders are encouraged, but not required to attend. This will be the only opportunity for a site visit, unless otherwise warranted by the Project

Manager.

One original and one copy of all bids must be submitted in a sealed envelope bearing the company name, legal address, the project title for which the bid is submitted and the date advertised for opening bids. Sealed bids must be addressed to Tanya Parker, Procurement Agent, and clearly marked “SEALED BID FOR PINEY POINT/ST.

GEORGE’S ISLAND FORCE MAIN REPLACEMENT PHASE 1 AND PROJECT #5171MS” and received at the

Commission’s Administrative Office until the date and time shown below. At that time the bids will be publicly opened and read.

Date Time (Eastern Standard Time)

Pre-Bid Conference: November 10, 2026 8:30 a.m.

Questions Due: November 17, 2026 12:00 p.m. NOON

Bid Due Date: December 01, 2026 3:00 p.m.

Bid packages are available for distribution on the Maryland Department of General Services website located at https://emma.maryland.gov Inquiries concerning Contract Documents should be directed to procurement@metcom.org.

St. Mary’s County Metropolitan Commission does not discriminate on the basis of race, marital status, color, religion, sex, age, national origin, physical or mental handicap, political affiliation, or other non-merit factors.

https://emma.maryland.gov/ mailto:purchasing@metcom.org

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Section A: Definitions

Addendum/Addenda: A written change(s), addition(s), alteration(s), correction(s), and/or revision(s) to an ITB or RFP.

Agreement: A duly executed and legally binding Contract.

Bid: An offer submitted by a prospective vendor in response to an Invitation for Bid issued by a purchasing authority; becomes a Contract upon acceptance by the buyer. Compare with proposal.

Bid Package: Prepared set of documents and plans relating to the ITB or the RFP, including any issued Addenda.

Bidder: One who submits a response to an Invitation to Bid. Compare with Offeror.

Commission: St. Mary’s County Metropolitan Commission

Contract: A mutually binding legal relationship agreement between parties, exchanging goods or services for money or other consideration; an agreement between a Contracting authority and a person or business unit to provide a good, perform a service, or to lease real property for appropriate consideration. Compare with agreement.

Contract Documents: Any material included in a Bid Package which consists of General Terms and Conditions, Specifications, Bid Forms/Proposal Documents and attachments.

Contracting Officer A person with the authority to enter into, administer, or terminate contracts, and make related

(CO): determinations and findings.

Contracting Officer’s A person formally designated to function as an authorized representative of a contracting officer Representative (COR): for specified functions that do not include actions that could change the scope, price, terms, or conditions of a contract (e.g., technical monitoring).

Contractor: An individual or business having a Contract with the governmental body to furnish goods, services or construction for a certain price.

Engineer: MetCom’s Chief Engineering Officer

Final Acceptance: Acceptance by MetCom of the ownership of the Work where all Work is totally complete in accordance with the Contract Documents and the Contractor has fulfilled all obligations thereunder, including but not limited to all punch work related to the Warranty Period and fulfillment of the warranty. Final Acceptance is subject to certification by the Manager of Construction and

Inspections, the Operations Representative and endorsed by the Chief Engineering Officer, that all outstanding work and correction of all defects has been satisfactorily completed. Issuance of the

Certificate of Final Acceptance signifies the date at which MetCom will assume responsibility for maintenance, repairs, and/or replacement except where otherwise provided in the Contract

Documents.

ITB: Invitation to Bid

MetCom: St. Mary’s County Metropolitan Commission

Notice to Proceed: Formal written notification issued by the Owner to the Contractor that states the date on which the Work may begin as outlined in the Contract. The date noted in the Notice to Proceed marks the beginning of the performance period as stated in the Contract

Offeror: One who submits a proposal in response to a Request for Proposal in competitive negotiation; one who makes an offer in response to a solicitation. Compare to Bidder.

Operational Acceptance by MetCom of the ownership of the Work where all Work is operationally complete Acceptance: safe, and is considered fit for use, including but not limited to all punch work related to the

Performance Period. Operational Acceptance is subject to certification by the Manager of Construction and Inspections, the Operations Representative and endorsed by the Chief

Engineering Officer, that all outstanding work and correction of all defects has been satisfactorily completed. Issuance of the Certificate of Operational Acceptance signifies the date at which the

Warranty Period may begin unless otherwise noted in the Contract Documents.

Owner: St. Mary’s County Metropolitan Commission (Commission)

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Procurement Policy: St. Mary’s County Metropolitan Commission’s Procurement Policy FIN-13-02.

Proposal: In competitive negotiations, the document submitted by the Offeror in response to the Request for

Proposal to be used as the basis for negotiations for entering into a Contract.

Representative: Member of staff authorized to represent the interests of the governing authority.

RFP: Request for Proposal

Subcontractor: Any person or business entity employed to perform part of a contractual obligation under the control of the principal contractor. Any supplier, distributor, vendor or firm that furnishes supplies or services to a prime contractor or another subcontractor.

Vendor: One who sells goods or services, as supplier; a supplier who has entered into a Contract to sell goods/services to a governmental body.

Work: Any service, lease, purchase of commodity or construction performed and outlined in the Contract

Documents.

END OF SECTION

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Section B: General Intent and Scope

B-1 GENERAL INTENT

The Work will entail replacement of sections of the Piney Point and St. George Island Force Mains primarily located in the area of Piney Point. The Contractor shall accomplish all Work, including such additional, extra and incidental Work that may be considered necessary by the Owner to complete the Project, as defined herein, in a satisfactory and acceptable manner, and shall furnish all equipment, tools, materials, labor and incidentals necessary to carry out the Project to satisfactory completion within the time period specified and in strict accordance with the

Drawings, Specifications/Contract Documents and Addenda, referenced herein and incorporated by reference, (the

“Contract Documents”) and the latest revision of the St. Mary’s County Metropolitan Commission Design Manual, Technical Specifications, and Standards for Construction Details.

B-2 SCOPE

A. The work to be completed under this contract includes replacement of approximately 14,660 LF of 8-inch ductile iron pipe (DIP) force main with 8-inch high-density polyethylene (HDPE) force main and the replacement of approximately 1,000 LF of 3-inch piping with 3-inch Sch 40 316SS piping with insulation and all components to provide a complete system. The replacement 8-inch force main will be installed via open cut and/or horizontal directional drilling (HDD) and the twin 3-inch force main replacement is a bridge crossing within the Piney Point Road (Route 249) right-of-way. Also included are the connections to the existing 8-inch force main to remain, temporary bypass piping, combination air release/vacuum relief valves and blow-off valves in their respective vaults, 1-inch 316SS piping to an air release valve to provide air release for the 3-inch 316SS piping, and all incidentals to complete the force main replacement.

B-3 CONTRACT PLANS

The Contract Documents shall incorporate the Contract Plans, which are entitled:

PINEY POINT/ST. GEORGE’S ISLAND FORCE MAIN REPLACEMENT PHASE 1

The Contract Plans consist of the following sheets:

SHEET INDEX

SHEET NO. SHEET REF. SHEET TITLE

1 G1 TITLE SHEET

2 G2 ABBREVIATIONS AND LEGEND

3 C1 OVERALL SITE PLANS

4 C2 OVERALL SITE PLANS

5 C3 SEGMENT A PLAN AND PROFILE (1 OF 3)

6 C4 SEGMENT A PLAN AND PROFILE (2 OF 3)

7 C5 SEGMENT A PLAN AND PROFILE (3 OF 3)

8 C6 SEGMENT B PLAN AND PROFILE (1 OF 4)

9 C7 SEGMENT B PLAN AND PROFILE (2 OF 4)

10 C8 SEGMENT B PLAN AND PROFILE (3 OF 4)

11 C9 SEGMENT B PLAN AND PROFILE (4 OF 4)

12 C10 SEGMENT D PLAN AND PROFILE (1 OF 4)

13 C11 SEGMENT D PLAN AND PROFILE (2 OF 4)

14 C12 SEGMENT D PLAN AND PROFILE (3 OF 4)

15 C13 SEGMENT D PLAN AND PROFILE (4 OF 4)

16 C14 SEGMENT E PLAN AND PROFILE (1 OF 3)

17 C15 SEGMENT E PLAN AND PROFILE (2 OF 3)

18 C16 SEGMENT E PLAN AND PROFILE (3 OF 3)

19 C17 SEGMENT C PLAN AND PROFILE (1 OF 1)

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SHEET INDEX

20 C18 SEGMENT C: FORCE MAIN SUPPORT PLAN & SECTIONS

21 C19 SEGMENT C: FORCE MAIN SUPPORT DETAILS & SECTIONS

22 C20 SEGMENT C: MISCELLANEOUS PLAN, DETAIL & SECTIONS

23 C21 SITE DETAILS

24 C22 STANDARD AGENCY DETAILS

25 C23 MAINTENANCE OF TRAFFIC DETAILS & NOTES

26 SC1 GRADING AND SEDIMENT CONTROL NOTES

27 SC2 GRADING AND SEDIMENT CONTROL NOTES

28 SC3 GRADING AND SEDIMENT CONTROL DETAILS

29 SC4 SEGMENT A SEDIMENT CONTROL PLAN (1 OF 2)

30 SC5 SEGMENT A SEDIMENT CONTROL PLAN (2 OF 2)

31 SC6 SEGMENT B SEDIMENT CONTROL PLAN (1 OF 2)

32 SC7 SEGMENT B SEDIMENT CONTROL PLAN (2 OF 2)

33 SC8 SEGMENT D SEDIMENT CONTROL PLAN (1 OF 2)

34 SC9 SEGMENT D SEDIMENT CONTROL PLAN (2 OF 2)

35 SC10 SEGMENT E SEDIMENT CONTROL PLAN (1 OF 2)

36 SC11 SEGMENT E SEDIMENT CONTROL PLAN (2 OF 2)

37 SC12 SEGMENT C SEDIMENT CONTROL PLAN (1 OF 1)

B-4 TIME FOR COMPLETION

The Contractor will be required to commence the Work and to substantially complete the overall Project within 540 calendar days after receipt of Notice to Proceed at which point in time the Work shall be completed and Project will be in a finished condition, as specified, and all temporary buildings, equipment, tools, and surplus and waste materials will have been removed from the job site.

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Section C: Instructions to Bidders

C-1 PROPOSAL

The Owner proposes under this Contract to procure the Work as described in these Specifications/Contract

Documents and shown on the drawings referenced herein.

C-2 BIDS

One original and one copy of all bids must be submitted as specified in the advertisement unless that date is revised by addenda.

C-3 PRE-BID CONFERENCE

A Pre-Bid Conference will be held on the date as specified in the advertisement, at the MetCom Administrative

Office, 23121 Camden Way, California, Maryland, unless that date is revised by addenda.

C-4 BID SECURITY

Each Bid must be accompanied by a certified copy of a Bid Bond from a Surety Company acceptable to the Owner properly executed in favor of the Owner for not less than five (5) percent of the amount representing the base bid on the Bid Form.

The proceeds of the bid security will be forfeited to the Owner as liquidated damages and not as penalty if the

Bidder/Contractor fails to execute and deliver properly executed Performance and Payment Bonds.

C-5 BID SUBMISSION

Bidders are required to submit pricing for the base bid and any contingency items shown on the Bid Form. Bidders must submit a price for all line items, and must extend all unit prices, to constitute a complete and responsive Bid.

Several documents are to be submitted with reference to the individual agency. These requirements are outlined in Section J, Required Documents.

C-6 CONTRACT DOCUMENTS

Bid Package includes the following:

1. One (1) ITB (including General Intent, General Terms & Conditions, Specifications, Bid Form, etc.);

2. One (1) set of drawings/plans which encompasses the entire project.

Bid packages are available for distribution on the Maryland Department of General Services website located at https://emma.maryland.gov Inquiries concerning Contract Documents should be directed to Tanya Parker, Procurement Agent at 301-737-7400, Extension 210 or procurement@metcom.org.

C-7 INSPECTION OF THE SITE

The Contractor acknowledges that they have investigated and satisfied themselves as to the conditions affecting the Work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the Work. The Contractor further acknowledges that they have satisfied themselves as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory Work done by the Owner, as well as from information presented by the drawings and specifications made a part of this Contract. Any failure by the Contractor to acquaint himself with the available information may not relieve him from responsibility for estimating properly the difficulty or cost of successfully performing the Work. The Owner assumes no responsibility for any conclusions or interpretations made by the https://emma.maryland.gov/

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Contractor on the basis of the information made available by the Owner.

C-8 CONTACT INFORMATION

The following individuals are appointed as authorized representatives for MetCom:

Contracting Officer (CO)

George Erichsen P.E., Executive Director 23121 Camden Way

301-737-7400

Procurement Agent Tanya Parker, CPPO, NIGP-CPP, CPPB, CMPA

23121 Camden Way

301-737-7400, extension 210

Contracting Officer’s Representative (COR)

M. Christy Hollander P.E., Chief Engineering Officer 23123 Camden Way

301-737-7400, extension 304

C-9 PRE-CONSTRUCTION CONFERENCE

Prior to commencement of Work, the Bidder/Contractor shall meet in conference with representatives of the Owner to discuss and develop mutual understandings pertaining to administration of the Contract, scheduling and safety and security requirements.

C-10 PERMITS

A. The Owner will obtain the permits and approvals required for this Project, unless otherwise specified, including but not limited to, permits, licenses and approvals from the St. Mary’s Soil Conservation District, the St. Mary’s County Department of Public Works and Transportation, the Maryland State Highway Administration and the Maryland

Department of the Environment. Under the terms of the permits, where applicable, the transfer of responsibility of compliance of the permits’ from MetCom to the Contractor shall be required. The Contractor shall adhere to the stipulations set forth in these permits, licenses and approvals. The Contractor is responsible for obtaining Sediment and Erosion Control approval for any proposed stockpile/storage areas. “The Contractor shall adhere to the stipulations set forth in ALL permits including the completion and approval of any as-built documents as required under these permits.”

B. Where applicable, the Contractor must provide a Responsible Party (Green Card Holder) for St. Mary’s Soil Conservation District and designated Certified Temporary Traffic Control Manager to properly implement and maintain the Traffic Control Plan according to the State Highway utility permit.

C. If this Project involves the management or discharge of storm water, MetCom will execute a Transfer of

Authorization with the Contractor for the full responsibility for compliance of all permitted activities and obligations under all terms of the general permit and in accordance with the National Pollution Discharge Elimination System

(NPDES) and the Maryland Department of the Environment, Water Management Division requirements.

MetCom will create the Notice of Intent on the Maryland Department of Environment’s MDE e-Permits website at:

https://egov.maryland.gov/mde/npdes/Account/Login. Once the NOI is accepted by MDE and the permit is issued, MetCom will enter the e-Permits system and transfer coverage to the Contractor. The Contractor must acknowledge receipt of the transfer of permit coverage in the e-Permits system before on-site Work can commence.

https://egov.maryland.gov/mde/npdes/Account/Login

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The Contractor is required to use the “Construction Activity Inspection Form” on the MDE Website for self-inspections at the construction site in accordance with the permit requirements.

C-11 WORK HOURS

A. Work hour restrictions

1. MetCom observes a five-day work week, Monday through Friday, 7:00 am to 4:30 pm (the “Normal Work Hours”). The Contractor is required to observe a normal eight (8) hour work day within the Normal Work

Hours. Unless authorized by the Chief Engineering Officer, the Contractor will not be permitted to:

a. Work hours which are outside of the Normal Work Hours;

b. Work during Saturdays and/or Sundays;

c. Work on MetCom observed holidays; or

d. Work over the eight (8) hour work day.

2. To obtain authorization to perform work outside the Normal Working house, the Contractor shall proceed as follows:

a. Submit to the Manager of Construction and Inspections, to be forwarded to the Chief Engineering Officer, at least 48 hours prior to the proposed work to be performed outside Normal Work Hours this includes any work hours governed by State Highway Administration Permits, St. Mary’s County

Department of Public Works Permits, or any other permits applicable to the Project, a written request for desired approval. Such request must contain information as follows:

1) Project identity;

2) Nature of proposed work;

3) Reason for working outside of Normal Work Hours;

4) Date(s) of work; and

5) Time beginning and ending each day.

b. Please note that at this time, any time the Contractor is granted permission to work outside of the

Normal Working Hours, the Contractor will not be required to reimburse MetCom for any costs associated with the inspection services.

c. The Contractor will be notified within 24 hours of the receipt of the written request if the request has been approved or denied.

B. MetCom observed holidays can be found at http://www.metcom.org.

http://www.metcom.org/

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Section D: General Conditions

The General Conditions and Instructions set out below shall apply to all formal solicitations for the Owner. The Bidders are responsible for informing themselves of these requirements prior to submission of Bids. Failure of Bidders to gain sufficient familiarity with the Bid requirements will not excuse Bidder liability for the Bid submitted and pleas of error, misunderstanding or ignorance shall not be honored.

The Owner does not discriminate on the basis of race, marital status, color, religion, sex, age, national origin, physical or mental handicap, political affiliation, or other non-merit factors.

D-1 Unless otherwise specified, the Owner reserves the right: (1) to reject any or all Bids; and (2) to waive any non-material informality in Bids; and (3) to award the Contract so as to best serve the interests of the Owner, which could cause the Contract to be awarded based upon factors other than, or in addition to, the lowest cost.

D-2 The Commission may further reject any Bid that appears to be unbalanced if it is in the best interest of the Commission to do so. A Bid will be considered unbalanced when, in the opinion of the Procurement Agent, the Bid allocates a disproportionate share of cost to the price of one or more Bid items and reduces the costs to the price of another Bid item or items, thereby creating a reasonable possibility that the Bid will not, in practice, result in the lowest overall cost to the Commission.

D-3 Formal Bids, amendments thereto, or requests for withdrawal of Bids, received after the time specified for Bid opening will not be considered and will be so marked and returned to the Bidder UNOPENED.

D-4 Properly marked Bids received prior to the specified time of opening will be securely kept, unopened, in the office of the Procurement Agent. The Procurement Agent or duly appointed representative will determine when the specified time has arrived to open Bids, and no Bid shall be received thereafter regardless of any indication that delay may not have been caused or controlled by the Bidder. BIDDERS ARE SOLELY RESPONSIBLE FOR THE ARRIVAL OF THEIR BID, AND ANY REQUIRED DOCUMENTS BY THE TIME APPOINTED FOR THE BID

OPENING. Only those Bids properly marked and sealed, and presented at the Commission’s administrative office by the appointed time will be opened.

D-5 No liability shall attach to the Procurement Agent, or appointed representative for a premature opening of an improperly addressed or improperly identified Bid.

D-6 Unless specifically authorized, telegraphic, facsimile or electronic Bids will not be considered.

D-7 Once opened, the Bids shall be tabulated or a Bid abstract made. The opened Bids and/or the Bid tab or abstract, shall be made available for public inspection at a reasonable time after bid-opening, but prior to Contract award.

Request to inspect must be made in writing, in advance. Original documents shall not be removed from the Owner’s office for any reason. To the extent any portion of any Bid is designated by Owner to be proprietary, confidential or trade secrets, as set forth herein, all such information shall be removed from the Bids prior to any public inspection.

D-8 Bids or proposals containing trade secrets or proprietary information submitted by a Bidder, Offeror or Contractor in connection with a procurement transaction shall not be subject to public disclosure under the Freedom of

Information Act; however, the Bidder, Offeror or Contractor must, at or prior to the submission of its bid materials, provide a written statement to evidence intent to invoke the protection of this section. Such a written statement must (i) identify the data or other materials to be protected; and (ii) for each item to be protected, state the reasons for requesting the protection.

D-9 All information required by the Invitation to Bid, General Provisions and Special Terms & Conditions, Specifications and Bid Form/Proposal Documents must be supplied, and all blanks must be filled-in, to constitute a complete and responsive Bid unless otherwise noted herein.

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D-10 Unless otherwise specified by the Owner, all formal Bids submitted shall be binding for the Owner's acceptance for a minimum of two hundred seventy (270) days from the date of the Bid opening. MDE, Maryland Board of Public

Works and final loan (funding) documents must be obtained prior to Final Award by the Owner. Exceptions to this will be noted in the individual specifications and subject to the Owner's approval.

D-11 Any Bidder may withdraw his Bid, by written request received by the Owner at any time prior to the scheduled time for opening Bids. No Bidder may withdraw his Bid for a period of two hundred seventy (270) days after the date of the Bid opening, unless, at the sole discretion of the Owner, in its sole discretion, it is determined that there is a bona fide cause for such withdrawal.

D-12 Bid prices must be net, including transportation and handling charges, where applicable, fully prepaid by the

Contractor to destination and subject only to cash discount for prompt payment of invoices. The Owner may also qualify for Government/Municipal discounts as applicable.

D-13 The Owner is generally exempt from paying State sales and use tax. Where a Contractor is required to furnish and install material in the construction or improvement of real property in performance of a contract, the Contractor shall pay the Maryland sales tax and the exemption does not apply.

D-14 When an error is made in computing the extensions of total price(s), the unit price(s) shall govern.

D-15 In those cases where identical Bids in all respects have been received, the Bid will be awarded to the Bidder located in St. Mary's County. Except as may be otherwise provided herein, in the event identical Bids in all respects are received from two Bidders, where all of the Bidders submitting identical Bids are located either in or out of St.

Mary's County, the award will be decided by a coin toss.

D-16 Only written communications relative to this procurement will be considered. No verbal communication to or from either the Bidder or any representative of the Owner shall alter or amend the intention of the Bid Package or be binding thereupon. Written addenda shall be issued for any clarifications, changes, additions and deletions necessitated either by appropriately posed questions from potential Bidders or by initiation of representatives of the Owner. Written acknowledgement of all addenda is necessary for any Bid to be considered complete and responsive.

D-17 No employee or Official of the Owner shall be admitted to any share or part of this Contract or to any benefit that may arise there from.

D-18 No employee of the Owner may solicit or accept, directly or indirectly, any gratuity, gift, favor, entertainment, loan or anything of monetary value from anyone who is seeking to obtain procurement business from the Owner, or has interests that may be affected substantially by the performance or non-performance of the employee’s official duties.

D-19 Prior to award of this Contract and at any time thereafter, the Owner may, by written notice to the Bidder (if prior to award) or to the Contractor (if after award), terminate the right of the Bidder or Contractor to proceed under these Bid and Contract Documents if the Owner determines, in its sole discretion, that the Bidder or Contractor, his agent or representative offered or gave a gratuity (in the form of entertainment, gift or otherwise) to an Officer, Official or employee of the Owner, or intended to obtain a Contract or favorable treatment under a Contract by the gratuity.

D-20 Please send all inquiries to procurement@metcom.org prior to award. After award, contact the Procurement Agent, Tanya Parker at 301-737-7400, Extension 210, or electronically at tparker@metcom.org.

D-21 A written Notice of Award, indicating the Owner’s acceptance of Bid, shall be provided to the successful Bidder(s) within the specified acceptance period. Said Notice may be in the form of a letter, a purchase order, or a formal

Contract. If a letter or a purchase order is issued, it shall be considered to include all requirements of the Bid

Package, and it shall be deemed a binding Contract without further action by either party. If a formal Contract is required, it shall be written and issued by the Procurement Agent for execution by the Contractor. All copies shall then be returned to the Procurement Agent, who will be responsible for obtaining the proper signature(s) for the Owner and disburse the copies appropriately.

mailto:tparker@metcom.org

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D-22 Bidders are to provide the following owner information and Subcontractor documentation with their Bid submittal.

This information may be provided on the Qualification Certification.

A. Name of company (or other business entity) making offer, and name and title of person acting as agent;

B. Type of business entity (e.g., corporation or partnership);

C. Place(s) of Incorporation;

D. Name(s), address (as), and function(s) to be performed by any and all Subcontractors to be involved in performance of the Contract Work;

E. Name, location, and telephone number of the agent to contact regarding all matters. If the Bidder is a subsidiary, partner, member or other component of another corporate entity, or partnership, the above information shall also be supplied for the parent corporate entity or partnership.

The Owner has the right to require any additional information necessary, including information, documentation and/or references that are not expressly requested in the Bid Package, to determine the financial integrity and responsibility of any Bidder.

D-23 If a Contract is awarded, the successful Bidder shall be required to indemnify and hold the Owner harmless from any claim, and against, all liability and expenses, including attorney's fees, howsoever arising or incurred, alleging damage to property or injury to, or death of, any person, arising out of, or attributable to, the Bidder's performance of the Contract awarded. Proof of such indemnification, in an amount acceptable to the Owner, must be provided at the time the Contract is executed by the successful Bidder.

D-24 Any Contract shall be deemed to be effective as of the date approval is obtained from the Owner’ and any other necessary approving authority. Following such date of approval, the Notice of Award, as more specifically described in Paragraph D-21 herein, shall be sent to the successful Bidder. Unless otherwise provided herein, the Notice of

Award shall set forth the effective date of the Contract and shall also set forth the date on which the Contract term shall commence.

D-25 Bonding Requirements.

A. Bid Bond. A bid bond is required at the time the Bid or Proposal is submitted. The bond shall be issued in an amount no less than 5% of the Base Bid Price.

B. Performance and Payment Bonds. Performance and payment bonds are required upon award of the Contract.

Both bonds shall be issued in an amount no less than 100% of the Base Bid Price and shall remain in effect until the maintenance bond is received by the Procurement Agent.

If the Bidder fails to deliver the required bonds, his Bid shall be rejected, his Bid security shall be enforced, and award of the Contract may be made to the next lowest responsive and responsible Bidder.

C. Maintenance Bond. A maintenance bond is required upon completion of the Work, issuance of the Certificate of Operational Acceptance, receipt of Subcontractors and Suppliers Lien Releases and consent of surety for final payment. The maintenance bond shall be issued in the amount of no less than 10% of the total of the

Work completed and invoiced, including final payment request and shall remain in effect for one full year after the date of the Certificate of Operational Acceptance. The maintenance bond will be returned upon issuance of the Certificate of Final Acceptance.

Certain conditions may require that the maintenance bond be reduced after one year and retained for a specified period of time. Such conditions will be determined prior to the Certificate of Final Acceptance, recommended by the Project Manager and approved by the Chief Engineering Officer.

D-26 While on the Owner’s property, the employees of the Contractor are required to observe the safety, health and Work rules of the Owner, the Federal Occupational Safety & Health Act (OSHA), and the Maryland Occupational

Safety & Health Act (MOSHA). On site drug/alcohol use, possession or sales will not be tolerated. The Owner Works

ITB 27-05-C, Piney Point FM Replacement Phase 1, Project 5171MS.docx 12 closely with the County Sheriff and State Police Departments to investigate and, when necessary, to prosecute any suspected drug violations. All Contractor and vendor personnel are required to inform their employees of the

Owner's drug free policies and smoke free policies and to ensure full compliance with those policies while on the Owner’s property. Upon request by the Contractor, the Owner will provide the referenced policies.

D-27 The Contractor is expected to perform the proposed services in a Workmanlike manner, in the sole and reasonable discretion of the Contracting Officer (CO) or the Contracting Officer’s Representative (COR). If the Contractor performs unsatisfactory Work, in the sole and reasonable discretion of the CO or COR, the Owner shall notify the Contractor of such deficiencies and the Owner reserves the right to withhold payment for the deficient goods or services until the time that the Contractor has corrected such deficiencies to the Owner's satisfaction. In the event the Contractor, in the sole and reasonable discretion of the Owner provides repeatedly deficient goods or services or fails to cure a deficiency after being notified by the Owner to do so, or in the event the deficient goods or services provided by the Contractor cannot be cured, in the sole and reasonable discretion of the Owner, the Owner shall reserve the right to cancel the Contract and render it null and void. The Contractor shall be notified of this termination in writing thirty (30) days prior to the effective date. See also the specific provisions of Section E, General Requirements, Termination for Default - Damages for Delay – Time Extensions.

D-28 Affirmative Action Plan. Below are the Notice to Contractors, Subcontractors, Vendors and Suppliers and the

Affirmative Action Policy Statement adopted by the Owner.

A. Notice To Contractor, Subcontractor, Vendor Or Supplier pursuant to Executive Order 11246, Vietnam Era

Veterans Readjustment Assistance Act Of 1974, as amended (“VEVRAA”), The Jobs For Veterans Act (JFVA) Of 2003 and Section 503 Of The Rehabilitation Act Of 1973,41 CFR 60-1.4; 60-250.5 And 60-741.5

Equal Opportunity and Affirmative Action for Women, Minorities, Persons with Disabilities and Qualified

Protected Veterans

1. Enclosed is a copy of our Affirmative Action Policy.

2. St. Mary’s County Metropolitan Commission (“OWNER”) will not discriminate against any employee or applicant for employment because of gender, race, physical or mental disability or because he or she is a qualified protected veteran in regard to any position for which the employee or applicant for employment is qualified. OWNER agrees to take Affirmative Action to employ, advance in employment and otherwise treat qualified individuals without discrimination based on their gender, race, physical or mental disability or status as a qualified protected veteran in all employment practices, including the following:

A. recruitment, advertising, and job application procedures;

B. hiring, upgrading, promotion, award of tenure, demotion, transfer, layoff, termination, right of return from layoff and rehiring;

C. rates of pay or any other form of compensation and changes in compensation;

D. job assignments, job classifications, organizational structures, position descriptions, lines of progression, and seniority lists;

E. leaves of absence, sick leave, or any other leave;

F. fringe benefits available by virtue of employment, whether or not administered by the contractor;

G. selection and financial support for training, including apprenticeship, and on-the-job training under 38 U.S.C 3687, professional meetings, conferences, and other related activities, and selection for leaves of absence to pursue training; and H. activities sponsored by the contractor including social or recreational programs; and any other term, condition, or privilege of employment.

In addition and in accordance with EO 11246 41 CFR 60-1.4

1. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees

ITB 27-05-C, Piney Point FM Replacement Phase 1, Project 5171MS.docx 13 to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause.

2. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

3. The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section

202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

4. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

5. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

B. Affirmative Action Policy Statement, Commitment To EEO And Affirmative Action For Women, Minorities, Protected Veterans And Persons With Disabilities

It is the policy of St. Mary’s County Metropolitan Commission and its top United States executive to support the contractor’s affirmative action program to ensure no qualified applicant or employee is discriminated against on the basis of an individual’s actual or perceived gender, sexual orientation, gender identity, race, national origin, disability, status as a covered protected veteran or membership in any legally protected class. We are committed to providing equal employment opportunity and affirmative action programs in accordance with federal requirements including for women, minorities, individuals with disabilities, protected veterans. We shall employ and advance in employment individuals with disabilities and treat qualified individuals without discrimination on the basis of their physical or mental disability.

To demonstrate that commitment and ensure its success, we have established audit and reporting systems to measure the effectiveness of our AAP, indicative any need for remedial action, determine the degree to which our objectives have been attained, determine whether women, minorities and covered, protected veterans have had the opportunity to participate in all company sponsored educational, training, recreational and social activities, and measure our compliance with the program’s specific obligations.

Overall responsibility for the implementation of these affirmative action activities is assigned to the Executive Director with responsibility for administration and oversight assigned to the Chief Human Resources Officer.

Our purpose is to ensure that we recruit, hire, train, retain and promote persons in all job titles, and ensures all other personnel actions are administered without regard to protected status and all employment decisions are based only on valid job requirements, including at the executive level.

No employee or applicant shall be subjected to harassment, intimidation, threats, coercion or discrimination because s/he has engaged in or may engage in any protected activities including filing a complaint, assisting or participating in a related investigation, compliance evaluation, hearing, or any other activity related to the administration of our affirmative action plans or any other Federal, state, or local law requiring equal opportunity for women, minorities, person with disabilities, special disabled veterans, veterans of the Vietnam era, recently separated veterans, other protected veterans or any other legally protected status.

The foregoing terms and conditions shall apply to all sealed Bid solicitations unless specifically deleted or amended by reference within the Bid Package. These terms and conditions may also be incorporated in any formal quotation solicitation or sealed proposals, in which case the words "Quotation" or "Proposal", as may be appropriate, shall be regarded as replacing the word "Bid" in all instances where it may appear.

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Section E: General Requirements

E-1 FAMILIARITY WITH THE WORK

Before submitting a Bid, the Bidder shall familiarize itself as to the terms and conditions under which this Contract will be performed, as set forth herein and as may be subsequently amended.

E-2 TRANSPORTATION CHARGES

A. Where applicable and unless otherwise specified herein, labor rates quoted shall include truck, fuel, insurance, mileage and all other transportation-related costs, fees, taxes and surcharges of any type.

B. Where applicable and unless otherwise specified herein, unit costs quoted shall include truck, fuel, insurance, mileage and all other transportation-related costs, fees, taxes and surcharges of any type.

E-3 PERMITS, LICENSES, CHARGES, AND NOTICES

The Contractor shall procure and pay for all permits and licenses, pay all royalties, fees, and charges, and give all notices necessary to ensure the due and lawful prosecution of the Work to be performed hereunder. The Contractor shall be responsible, at Contractor’s sole expense, to keep and maintain any required permits, licenses or approvals of any type, current throughout Contractor’s performance of the Work hereunder. Upon request of the Owner, the

Contractor shall submit written evidence of compliance with this provision.

E-4 REQUESTS FOR INFORMATION

If any person contemplating submitting a Bid for the proposed contract is in doubt as to the true meaning of any part of the Contract Documents, they may submit to the Procurement Agent a written request for information and/or interpretation thereof to procurement@metcom.org. Said request must be delivered to the Procurement Agent no later than ten (10) calendar days prior to the date of bid opening unless otherwise addressed in an

Addendum. In response to every written request timely received, the Procurement Agent will issue a response providing the Commission’s determination, interpretation, or approval. Every such written response by the

Procurement Agent shall be an Addendum to the Bid Package and shall be posted in accordance with the

Commission’s Procurement Policy.

E-5 CONTRACT INTERPRETATION – NOTICE OF AMBIGUITIES

A. This written Contract and any and all identified writings or Documents incorporated by reference herein or physically attached hereto, constitute the parties’ complete agreement and no other prior, contemporaneous or subsequent agreements, either written or oral, shall be considered to change, modify or contradict same.

Any ambiguity in the Contract will not be strictly construed against the drafter of the Contract language but shall be resolved by the Owner by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of Contracting.

B. It shall be the obligation of the Contactor to exercise due diligence to discover and to bring to the attention of the Owner at the earliest possible time any ambiguities, discrepancies, inconsistencies, or conflicts in or between the technical requirements and the applicable drawings or other Documents incorporated by reference herein. Failure to comply with such obligation shall be deemed a waiver and release of any and all claims for extra costs or delays arising out of such ambiguities, discrepancies, inconsistencies and conflicts.

E-6 PROTEST PROCEDURES

This section shall govern any protest made by any actual bidder, who is allegedly aggrieved in connection with the award of this Contract. Protests not complying with the provisions of this section shall not be reviewed or considered.

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A. Protesting Parties. Only those parties who: (i) have submitted a Bid for this Contract; (ii) are not recommended for award; and (iii) allege that the Commission failed to follow its Procurement Policy and/or Bid Package, are entitled to protest. A party protesting may be represented by legal counsel at its own expense.

B. Time for Filing a Protest. Protests shall only be accepted with the timeframes as stated herein. Protests shall be filed with the MetCom Director no later than three (3) business days after MetCom posts a notice of Intent to Award on MetCom’s website www.metcom.org. All protests must be received by 4:30 p.m. EST on the date as specified above. It is the responsibility of the protester to review posted notices by MetCom in order to file a protest in a timely manner.

C. Required Form of Protest. All protests shall be in writing and shall state that the document is a formal Notice of Protest. Failure to follow the required form of protest shall be just cause for rejection of the protest. Only delivery by certified, registered mail, overnight carrier or hand delivery to the Director is acceptable. Protests shall be date and time stamped upon receipt by MetCom. The Notice of Protest shall include the following information:

1. The name, legal mailing address, telephone number, fax number and email address of the party protesting;

2. The Bid number and title;

3. A concise statement indicating the grounds and evidence, including facts, rules, regulations, statues and constitutional provisions, the factual and legal basis upon which the protest is based with inclusion of all supporting documentation. Grounds not specifically stated in writing shall be waived and not considered in the decision;

4. A statement of the specific ruling or relief requested; and

5. Signature by an authorized agent of the party protesting.

D. Filing Fee. A filing fee of the greater of $500 or 10% of the total base Bid amount, not to exceed $2,000, shall be paid at the time the Notice of Protest is…