Pomonkey_Pump_Station_Improvements.pdf

25-035

POMONKEY PUMP STATION IMPROVEMENTS

Charles County Government

200 Baltimore Street

La Plata, MD 20646

RELEASE DATE: March 20, 2025

RESPONSE DEADLINE: April 29, 2025, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

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

Charles County Government

Pomonkey Pump Station Improvements

I. INTRODUCTION

II. BID INSTRUCTIONS

III. BID SUBMISSION CONTENT

IV. AWARD AND CONTRACT FORMATION

V. GENERAL PROVISIONS

VI. SPECIAL PROVISIONS

VII. BID FORM

VIII. BID SUBMITTALS

IX. INSURANCE

X. PREVAILING WAGE

Attachments:

A - Special Provisions - 250320

B - 25-035 - Specifications - 250320

C - 25-035 - Drawings - 250320

D - Project Close Out Documents

E - Performance Labor Bonds

F - Sample Contract - Consecutive Number of Days Specified

Title: Pomonkey Pump Station Improvements #25-035

1. INTRODUCTION

1.1. Summary

The Board of Commissioners for Charles County are requesting sealed bids from qualified contractors for construction of

Pomonkey Pump Station Improvements. The project includes, but is not limited to, demolition of the existing below grade pump station; new wet well, process mechanical piping, equipment and valve enclosure; civil site work and temporary bypass pumping;

electrical work; instrumentation and system integration. Pomonkey Pump Station is located at 3567 Livingston Road, Indian

Head, Maryland.

1.2. Contact Information

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

Shanna Reese Chief of Purchasing 200 Baltimore Street N/A La Plata, MD 20646 Email: reeses@charlescountymd.gov Phone: (301) 645-0656

Department:

DPW Utilities - Technical Support

1.3. Timeline

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

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

Release Project Date March 20, 2025 mailto:reeses@charlescountymd.gov tel:(301)645-0656 http://www.charlescountymd.gov/

Pre-Bid Meeting Registration Deadline April 8, 2025, 12:00pm

Firms must register in advance to attend the pre-bid meeting via the County's eProcurement Portal

RSVP Manager.

Pre-bid meeting will occur virtually/teleconference, unless otherwise specified. Firms that have registered timely will receive participation instructions.

If multiple attendees from your firm will be attending the meeting, please have each individual complete the eProcurement Portal RSVP Manager process.

Pre-Bid Meeting (Non-Mandatory) April 9, 2025, 11:00am

Pre-bid meeting will occur virtually/teleconference, unless otherwise specified. Firms that register timely and via the County's eProcurement Portal

RSVP Manager will receive participation instructions.

The attendance roster will be published on the

County's eProcurement Portal.

Site Visit April 9, 2025, 1:00pm

Firms must register in advance to attend the site visit. Designated time will be provided to each vendor registered. Requests for alternate times will not be enetertained. Due to safety restrictions at the site, all visitors proceeding to the site location are recommended to wear steel-toed shoes/boots during the site visit portion of the meeting. The attendance roster will be published on the County's eProcurement Portal.

Question Submission Deadline April 11, 2025, 10:00am

Questions shall be submitted via the eProcurement

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

Bid Opening Registration Deadline April 28, 2025, 12:00pm

Registration is required to attend the bid opening.

Bidders interested in participating in the bid opening must register electronically via the

County's eProcurement Portal RSVP Manager.

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

Bid Submission Deadline April 29, 2025, 2:00pm

Bid Opening April 29, 2025, 2:01pm

Bids received timely will be opened virtually.

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

2. BID INSTRUCTIONS

2.1. Bid Submission Conditions

Charles County Government is accepting electronic bid submissions. Bidders shall create a FREE account with OpenGov

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

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

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

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

Bids shall be valid and irrevocable for a minimum of one hundred twenty (120) days from the due date. A Bidder may submit only

(1) bid in response to this ITB. Bidders shall monitor the County's eProcurement Portal for schedule changes issued via addendum.

2.2. Solicitation Events

A. Pre-Bid Meeting Registration Deadline: Refer to the Timeline section for date, time, location, participation and registration requirements. Pre-bid meeting will occur virtually/teleconference, unless otherwise specified. Firms that have registered timely will receive participation instructions.

B. Pre-Bid Meeting: Pre-bid meeting will occur virtually/teleconference, unless otherwise specified. Firms that registered timely will receive participation instructions. Refer to the Timeline section for date, time, and location, participation, and registration requirements. The attendance roster will be published on the County's eProcurement Portal.

C. Site Visit: Refer to the Timeline section for date, time, location, participation and registration requirements. The attendance roster will be published on the County's eProcurement Portal.

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

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

F. Bid Submission Deadline: Refer to the Timeline section for the date and time bids must be received by. Bidders must have an account or create a FREE account with OpenGov Procurement to submit a bid.

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

2.3. Bidder Certification of Acceptance

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

2.4. Incurring Costs

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

2.5. Additions/Modifications to Solicitation Forms

Modifications of or additions to the Bid Form or any other County form may be cause for rejection of the bid, however, the County reserves the right to decide, on a case by case basis, in its sole discretion, whether or not to reject such a bid as nonresponsive. As https://procurement.opengov.com/signup https://procurement.opengov.com/portal/charlescountymd/projects/155183 https://procurement.opengov.com/portal/charlescountymd/projects/155183 https://procurement.opengov.com/portal/charlescountymd/projects/155183 https://procurement.opengov.com/portal/charlescountymd/projects/155183 https://procurement.opengov.com/portal/charlescountymd https://procurement.opengov.com/portal/charlescountymd/projects/155183 https://procurement.opengov.com/portal/charlescountymd/projects/155183/document?section=1407761 a precondition to bid acceptance, the County may, in its sole discretion, request that the Bidder withdraw or modify any such modifications or additions which do not affect quality, quantity, price, or delivery.

2.6. Alternate Offers

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

2.7. "Or Equal" Interpretations

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

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

2.8. Bidder Investigation

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

2.9. Sole Point of Contact

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

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

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

2.10. Questions

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

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

2.11. Addenda and Supplements

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

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

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

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

https://procurement.opengov.com/portal/charlescountymd/projects/155183/document?section=1407761 https://procurement.opengov.com/portal/charlescountymd/projects/155183/document?section=1407750 https://procurement.opengov.com/portal/charlescountymd/projects/155183/document?section=1407750 https://procurement.opengov.com/portal/charlescountymd/projects/155183/document?section=undefined https://procurement.opengov.com/portal/charlescountymd/projects/155183 https://procurement.opengov.com/portal/charlescountymd/projects/155183 https://procurement.opengov.com/portal/charlescountymd/projects/155183/document?section=undefined https://procurement.opengov.com/portal/charlescountymd/projects/155183/document?section=undefined https://www.charlescountymd.gov/

2.12. Ability to Perform

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

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

2.13. Errors

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

Bidder computation errors contained on the Bid Form. All values contained on the Bid Form remain the responsibility of the Bidder.

Where the unit price and the extension price are at variance, the unit price will prevail. In the event that the unit price is not provided, the unit price shall be the extended price divided by the quantity. Errors on any forms submitted remain the sole responsibility of the Bidder.

2.14. County Rights/Disclaimers

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

A. Reject any or all bid submissions;

B. Issue a new ITB;

C. Cancel, modify, or withdraw the ITB;

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

E. Modify the ITB process (with appropriate notice to bidders as described herein);

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

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

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

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

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

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

2.15. Rejection of Quotes/Bids/Proposals

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

A. Evidence of collusion among bidders.

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

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

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

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

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

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

H. Previous substandard performance on a County contract.

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

J. Failure to furnish information requested by the County.

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

2.16. Good Standing Requirements

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

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

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

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

2.17. Restrictions

An individual or a person that employs an individual who the County utilized in the drafting of specifications, an invitation for bids, a request for quotes, or a request for proposals for a procurement may not submit a quote, bid, or proposal for that procurement, or assist or represent another person, directly or indirectly, who is submitting a quote, bid, or proposal for the procurement. A bid from such an individual or entity will be rejected.

The following is a list of consultant(s) and/or sub-consultant(s) that have received monetary compensation under a contract with the County as the prime consultant to develop this Invitation to Bid and have been retained by the County to perform the services on the behalf of the County for this procurement.

• • Whitman, Requardt & Associates, LLP

In addition, the County Ethics Committee administers the provisions of the County Ethics Code, including §170 of the Charles

County Code that contains various restrictions on participating in County procurements.

2.18. Notifications

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

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

A. UPS or FedEx or other delivery service; or

B. USPS first class postage mail; or

C. USPS certified, or

D. USPS registered mail.

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

2.19. Negotiations

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

2.20. Performance and Payment Bonds

A Performance Bond and Labor & Material Payment Bond in the amount of one hundred percent (100%) of the contract price will be required for this project and contract, from sureties licensed to do business in the State of Maryland and satisfactory to the

County and shall be submitted to the County at the time of contract execution by the Bidder within the timeframes required herein.

Premiums for the bonds described above shall be paid by the Contractor. Bonds shall contain a provision that it shall not be cancelled, non-renewed or materially altered without at least ninety (90) days written prior notice to the County.

2.21. Prevailing Wage

All County financed construction projects exceeding $500,000 are subjected to the prevailing wages rates. Additional prevailing wage are required for mechanical services contracts, including electrical work for any services valued over $2,500.00. The wage determination active on the date the Notice to Proceed is issued shall apply to the project.

2.22. Prevailing Wage Reporting

The County utilizes web-based prevailing wage reporting software. All contractors and subcontractors are required to submit certified payrolls and labor compliance documentation using this software. Use of the software will involve data entry of weekly payroll information that is acceptable to the County. The software has interface capability with many payroll and accounting software programs that may streamline data entry. Software licensing and training will be provided by the County.

3. BID SUBMISSION CONTENT

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

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

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

3.1. Bid Form

Bid pricing shall be submitted on the Bid Form. All cost columns of the table shall be fully completed to be able to submit a bid response. All pricing shall be rounded to the nearest whole cent (e.g. $.01). There shall be no hidden costs. Prices shall include all profit, overhead, equipment, transportation cost, etc. A Bidder may only submit one (1) Bid Form in response to this solicitation.

Each item on the form shall contain only one value. “Or Equal” items, if applicable, shall be noted on the Bid Form.

3.2. Bid Bond

A five percent (5%) Bid Bond from a surety licensed to do business in the State of Maryland and satisfactory to the County shall accompany the bid or the bid will not be considered. The County may accept certified check, or bank Cashier’s/Treasurer’s Check if submitted to the Purchasing Division office prior to the due date and time for bids in a sealed envelope specifying the name of the bidder and solicitation number on the front of the sealed package. Certified checks or bank Cashier’s/Treasurer’s Check shall be submitted as follows:

Purchasing Representative – Bid Bond

Charles County Government

Purchasing Division – Room B130

200 Baltimore Street

La Plata, MD 20646

Bid Bonds shall have the accompanying Power of Attorney. Bid securities shall be returned promptly after the County and the selected Bidder have executed the contract, or, if no Bidder’s bid has been selected within one hundred-twenty (120) consecutive calendar days after the date of the opening of bids, upon the demand of the Bidder at any time thereafter, as long as the Bidder has not been notified of acceptance of his bid. The Bidder, to whom the contract shall have been awarded, shall be required to execute the contract in accordance with the terms and conditions herein. If the Bidder selected for award fails or refuses to execute the contract and/or fully comply with requirements of this solicitation their bid security shall be forfeit to the County as liquidated damages in accordance with the terms and conditions contained herein.

3.3. Experience Form

Bidder shall be required to complete and submit the County provided Experience Form. A qualified Bidder must have requisite experience for the work as described in the Special Provisions and must be actively engaged as a legal entity in this field for a period of no less than five (5) years at the due date for quote/bid/proposal. Bidders shall demonstrate their experience on the Experience Form. Bidders shall provide no less than five (5) projects completed within the past ten (10) years of equal or greater magnitude, as deemed acceptable by the County at its sole discretion, as specified in Item A below. All blank spaces of the form shall be fully completed in legible ink or typewritten.

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

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

https://procurement.opengov.com/portal/charlescountymd/projects/155183/document?section=1407761

A. A minimum of five (5) completed representative projects that demonstrate the Bidder's experience in all of the following areas:

1. Installation of submersible pump stations of similar pumping capacity and wet well depth as shown on the contract drawings.

2. Instrumentation, controls, and SCADA systems used on wastewater pump station.

3. Civil site restoration

4. Commissioning of the pump station and training Owners staff in the operations and maintenance.

3.4. Minority Women Business Enterprise (MWBE) Program - MWBE Utilization Affidavit

Form

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

Charles County Government has established an MWBE Program which applies to all formal solicitations. There is an aspirational goal of 25% MWBE participation for each project. Certified MWBEs are encouraged to respond.

The County recognizes, as Minorities, the following groups: African Americans; American Indians/Native Americans; Asians;

Hispanics; Women; Physically or Mentally Disabled persons and Disabled American Veterans. The County will automatically recognize MWBE status for any firm certified by the Maryland Department of Transportation (MDOT), Federal 8-A registration or Charles County Government.

The awarded Offeror(s) shall be required to report MWBE Utilization to the County post award on the County’s “MWBE

Utilization – Post Award” form, if they have proposed any MWBE usage.

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

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

Letter of Intent

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

SLBE firms responding to this solicitation may receive a preference in accordance with the provisions of the Program that may apply to a formal solicitation resulting in an award of less than $500,000.00. This solicitation is exempt from the SLBE Program.

3.6. Intended Sub-Contractors Form

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

3.7. Non-Collusion Affidavit Form

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

3.8. Addendum Certification

Bidders shall be required to acknowledge the addenda when responding to this invitation to bid.

https://www.meetcharlescounty.com/

4. AWARD AND CONTRACT FORMATION

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

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

4.1. Basis of Award

The County intends to make award to the lowest responsive, responsible bidder based on the sum of sum of Base Bid Items plus

Contingency Items on the Bid Form, provided it is in County’s best interest to do so. The contract entered into with the successful bidder shall meet all standard provisions required by the County. Any award made by the County is contingent upon completion of the ten (10) day protest period.

4.2. Term of Contract

The Contractor selected shall complete the scope of work and all requirements contained herein within five hundred forty seven

(547) consecutive calendar days after the start date specified in a written Notice to Proceed issued by Charles County Government, as established by the County and the Contractor, plus any contract time extensions approved by the County to complete all work to a point of substantial completion as deemed by the County.

4.3. Quantity Contracts Awarded

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

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

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

4.4. Contract Execution

The successful Bidder to whom the contract shall have been awarded shall be required to execute the County contract (or as authorized by the County) and shall furnish all requirements due at contract execution, which may include, but is not limited to performance bonds and/or payment bonds, insurance certificates, equipment inspections, licenses, etc., as specified herein.

4.5. Contract Documents

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

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

Provisions.

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

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

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

Documents within the specified time(s) for the bid price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the County will make a determination on which item of discrepancy shall take precedence. Within listed documents or group of documents, the later dated shall have precedence over the earlier requirements, and specific requirements shall have precedence over the general requirements.

4.6. Default and Suspension

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

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

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

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

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

4.7. Bidder/Award Protests

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

1. Protests must be delivered to the Chief of Purchasing no later than ten (10) consecutive calendar days after the basis for the protest (i.e. notification of rejection of Bidder’s bid, notification of removal of Bidder from consideration, etc.) is known or should have been known, whichever is earlier.

2. If protesting contract award, the protest must be delivered to the Chief of Purchasing within ten (10) consecutive calendar days after the Purchasing Division has publicly posted the proposed contract award. This provision shall only apply to “aggrieved” Bidders.

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

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

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

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

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

Charles County Government ATTN: Chief of Purchasing, Purchasing Division (Room B130) 200 Baltimore Street, La Plata, Maryland 20646

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

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

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

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

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

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

4.8. Performance Evaluations

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

4.9. Assignment of Contract

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

4.10. Subcontractors

Subcontractors may not be used in the conduct of this contract without express written approval of the County. The County reserves the right to reject any subcontracted relationship if changes or additions of subcontractors are necessary during the life of the contract. Subcontracts for any portion of this contract must be clearly identified in the Bidder's bid. Subcontracts are subject to

Minority Business Enterprise (MBE) and Small Local Business Enterprise (SLBE) requirements detailed herein. Prime contractor shall perform a minimum of fifty percent (50%).

4.11. News Release

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

4.12. Public Information Act/Confidentiality Notice

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

4.13. Campaign Finance Reform Act of 2013

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

4.14. Holiday Schedule

The following holidays are observed by the County:

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

• Martin Luther Ling Jr's Birthday

• Super Bowl Monday

• Washington's Birthday

• Eid al Fitr

• Good Friday

• Easter Monday

• Memorial Day

• Eid al Adha

• Juneteenth

• Independence Day

• Labor Day

• Indigenous People's Day

• Veterans Day

• Election Day (When Applicable)

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

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

5. GENERAL PROVISIONS

5.1. Definitions

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

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

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

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

Commissioners: The County Commissioners of Charles County.

County: The County Commissioners of Charles County, Maryland.

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

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

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

Contracting Authority: The County Commissioners of Charles County.

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

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

Days: Calendar Days

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

CONTRACTING OFFICER.

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

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

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

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

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

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

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

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

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

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

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

5.2. Indemnification Clause

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

County, its officers, agents, and employees.

5.3. Governing Law

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

5.4. Payment of Taxes

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

5.5. Specifications and Drawings

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

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

5.6. Changes

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

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

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

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

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

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

B. Except as herein provided, no order, statement, or conduct of the CONTRACTING OFFICER shall be treated as a change under this article or entitle the CONTRACTOR to an equitable adjustment hereunder.

C. If any change under this article causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly; provided, however, that except for claims based on defective specifications, no claim for any change under paragraph (B.) above shall be allowed for any costs incurred more than twenty (20) days before the

CONTRACTOR gives written notice as therein required; and provided further, that in the case of defective specifications for which the COUNTY is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the CONTRACTOR in attempting to comply with such defective specifications.

D. If the CONTRACTOR intends to assert a claim for an equitable adjustment under this article, they must, within thirty (30) days after receipt of a written change order under paragraph (A.) above or the furnishing of a written notice under paragraph (B.) above, submit to the CONTRACTING OFFICER a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended…