rehabilitation_of_bridge_ce_0041_glebe_road_over_scotchmans_creek-2025-12-04-14-04-49.pdf

INVITATION FOR BID

IFB B-26-027-52718

REHABILITATION OF BRIDGE # CE0041 GLEBE ROAD OVER

SCOTCHMAN'S CREEK

Cecil County

200 Chesapeake Blvd

Elkton, MD 21921

RELEASE DATE: December 4, 2025

DEADLINE FOR QUESTIONS: December 30, 2025

RESPONSE DEADLINE: January 8, 2026, 12:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

Invitation For Bid #IFB B-26-027-52718 Title: Rehabilitation of Bridge # CE0041 Glebe Road over Scotchman's Creek https://secure.procurenow.com/portal/cecil https://secure.procurenow.com/portal/%7bproject.government.code%7d

Cecil County

INVITATION FOR BID

Rehabilitation of Bridge # CE0041 Glebe Road over Scotchman's Creek

I. Introduction II. Invitation For Bid

III. Notice To Bidders IV. Project Funding V. Local Contractor Preference

VI. Non-Resident Contractor Notification VII. General Conditions

VIII. Insurance Provisions IX. Special Provisions X. Submittal Requirements

XI. Award Information XII. Bid Submission

XIII. Bid Sheet

Attachments:

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

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

USE TAX DIVISION

B - Holiday Listing 2026

C - Special Provisions

D - Contract Agreement-sample - A

E - Insurance Requirements

F - CERTIFICATION_OF_CONTRACTORS_QUALIFICATIONS (8)

1. Introduction

1.1. Summary

Sealed bids for solicitation IFB Rehabilitation of Bridge # CE0041 Glebe Road over Scotchman's Creek as described in specifications for Cecil County, Maryland, will be received from qualified bidders until 12:00 pm on Thursday, January 8, 2026.

This contract is for a project located in Cecil County, Maryland. This project involves the removal and replacement of the bridge abutment bearings, beamseat, and backwall, deck end diaphragms, installation of drainage troughs, repairs to the existing abutment stem, wingwalls, and piers, installation of an epoxy protective coating on abutment stems and piers, installation of traffic barrier, reconstruction of the parapet end post, pavement resurfacing, full-depth paving, and associated work.

1.2. Timeline

Release Project Date December 4, 2025

Pre-Bid Meeting (Non-Mandatory) December 16, 2025, 10:00am

Agenda

Click on Agenda for log in link.

Question Submission Deadline December 30, 2025, 3:00pm

Question Response Deadline January 5, 2026, 3:00pm

Bid Submission Deadline January 8, 2026, 12:00pm

Bid Opening (Non-Mandatory) January 8, 2026, 2:00pm

Agenda

Click on Agenda for log in link.

https://zoom.us/j/93302429704?pwd=WqfGcHMsbnsATvXb0vZmNzapUOqrkS.1 https://zoom.us/j/98027996421?pwd=C0kb8jzFwvqioSu04Ierm4GtdNIMMi.1

2. Invitation For Bid

2.1. Pre-Bid Meeting (Optional)

An OPTIONAL pre-bid meeting will be held via video conference on Tuesday, December 16, 2025 at

10:00 am.

Location or Video Conference Information: Click on Agenda for log in link.

2.2. Bid Submission

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

2.3. Questions

All questions shall be asked using the question & answer feature via OpenGov Procurement by 3:00 pm on Tuesday, December 30, 2025.

2.4. Bid Opening

Bid opening will be held on 8 January, 2026 at 2:00PM.

Location or Video Conference Information: TBD

2.5. Contract Award

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

2.6. Bid Packages

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

(https://procurement.opengov.com/portal/cecil/projects/196067 ) as a PDF document no charge.

Changes or addendums to this bid will be posted on the County's OpenGov Procurement Portal.

The County is not responsible for information obtained from sources outside the Cecil County Purchasing

Office, including downloads from the County website. Vendors are directly responsible for obtaining updates, changes, or addendums either from the updated webpage or by contacting the Purchasing

Office.

https://procurement.opengov.com/portal/cecil/projects/196067 https://procurement.opengov.com/portal/cecil/projects/196067 https://procurement.opengov.com/portal/cecil/projects/196067

3. Notice To Bidders

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

https://procurement.opengov.com/portal/cecil/projects/196067/document?section=1826343

4. Project Funding

All projects are subject to funding approval by Cecil County Council and the Cecil County Executive. Some projects may also be subject to Federal, State, and/or local grant funding conditions and approval. All project awards are subject to required funding approvals.

5. Local Contractor Preference

Section 92 of the Cecil County Code entitled “Local Preference” reads as follows:

“Cecil County, Maryland reserves the right to show preference to local bidders in the purchase of supplies, equipment, and services. The amount shall not exceed 6% of the amount bid or quoted, and/or $60,000, whichever is less. A “local bidder” is defined as an individual or business who maintains a place of business or maintains an inventory of merchandise and/or equipment in Cecil County, is licensed by Cecil County and/or the State of Maryland, if required and is subject to Cecil County real and/or personal property taxes. Any local bidder in default on payment of any county or state tax or license shall not be eligible to receive preference until all taxes or licenses due are paid”.

Bidders are cautioned to note the specific and several requirements that may qualify a bidder for local preference consideration. A bidder wishing to receive local preference consideration must be able to demonstrate qualification under all the noted requirements.

No bidder should assume, regardless of whether the bidder qualifies under the definition of “Local

Bidder,” that Cecil County, Maryland would grant preference on this contract to any bidder. Cecil County, Maryland reserves the right to do so under Section 92 of the Cecil County Code but is not bound to do so under any circumstance, regardless of precedent.

Any bidder that wishes to be considered a “Local Bidder,” in the County’s award of the contract shall submit with the bid any and all documentation that proves that the bidder, identified by name in the submitted bid, meets the definition of “Local Bidder.” Neither County Executive nor the Procurement

Officer shall be bound by any information or documentation provided by the bidder after opening of the bids. However, the County reserves all rights to investigate a bidder’s potential qualification as a “Local

Bidder” and use any relevant information in its determination of a bidder’s qualification under the definition, regardless of when it is obtained.

6. Non-Resident Contractor Notification

At the request of the Maryland State Comptroller of the Treasury a list of all Non-Resident Contractors awarded a contract for the improvement of real property in the amount of $500,000 dollars or more and all non-resident sub-contractors that equals or exceeds $50,000 or reasonably can be expected to equal or exceed $50,000 shall be forwarded by the Cecil County, Maryland to the Maryland State Comptroller of the Treasury, Compliance Division, 301 W. Preston Street, Room 407, Baltimore MD 21201.

The notification shall be forwarded by the Cecil County, Maryland once the “Notice to Proceed” is sent and shall include the following information:

• Type of project

• Site Address

• Contractor’s Name and address

• Date of the Contract

• Contracted amount

- “Non-resident Contractor” is defined as a contractor that does not maintain a regular place of business in the state of Maryland.

- “Regular place of business” is defined as:

A. a bona fide office, other than a statutory office, B. a factory, C. a warehouse, D. or any other space in this state, which a person is doing business in its own name in a regular and systematic matter and that is continuously maintained, occupied, and used by the person carrying on its business through its regular employees regularly in attendance.

7. General Conditions

7.1. Notice of Communication

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

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

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

7.2. GENERAL

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

7.3. DEFINITIONS

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

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

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

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

7.4. QUESTIONS/ADDENDA

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

B. All questions should be asked no later than seven (7) calendar days in advance of the bid. All questions must be submitted using the questions and answers feature in OpenGov Procurement

Portal.

https://procurement.opengov.com/portal/cecil/projects/196067

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

7.5. MARYLAND REGISTRATION/QUALIFICATION REQUIREMENTS

(a) The Bidder must be in compliance with the laws regarding conducting business in the State of

Maryland.

All Bidders shall provide a copy Certificate of Status from the Maryland Department of Assessments and

Taxation, evidencing the Bidder is in good standing with the State of Maryland.

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

(b) All bidders shall provide a copy of current business license for State of Maryland.

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

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

7.6. DESCRIPTIVE LITERATURE

A. The proposed descriptive literature fully describing the product bid is what is intended to be included as the price. Failure to do so may be cause for rejection of the bid.

B. Any items, systems or devices supplied in this bid that are proprietary in nature relative to maintenance, repair, servicing or updating must be disclosed on the bid form.

7.7. EXCEPTIONS/SUBSTITUTIONS

A. Any exceptions or substitutions to the specifications requested should be marked on the bid form and listed on a separate sheet of paper attached to the bid.

B. An exception to the specifications may not necessarily disqualify the bid. The County will determine if the exception is an essential deviation or a minor item.

C. In the case of a minor deviation, the County maintains the option to award to that bidder if it determines the performance is not adversely affected by the exception.

7.8. APPROVED EQUALS

A. In all specifications where a material or article is defined by describing a proprietary product or by using the name of a vendor or manufacturer, it can be assumed that an approved equal can be substituted.

https://procurement.opengov.com/portal/cecil/projects/196067 https://dat.maryland.gov/businesses/Pages/Internet-Certificate-of-Status.aspx https://dat.maryland.gov/Pages/sdatforms.aspx

B. The use of a named product is an attempt to set a particular standard of quality and type that is familiar to the County. Such references are not intended to be restrictive.

C. However, the County shall decide if a product does in fact meet or exceed the quality of the specifications listed in the solicitation. It shall be the responsibility of the vendor that claims a product is equal to provide documentation to support such a claim.

7.9. PRICES

Bid prices shall remain firm for one hundred eighty (180) days from the date of the bid opening. All contracts and/or quantities are contingent on budgetary constraints.

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

7.10. COOPERATIVE PURCHASE

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

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

7.11. SALES TAX

In buying products directly from a vendor Cecil County, Maryland is exempt from being directly charged

Federal excise and Maryland sales tax. A copy of an exemption certificate shall be furnished upon request.

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

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

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

7.12. TRANSPORTATION

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

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

https://procurement.opengov.com/portal/cecil/projects/196067/document?section=1826340

7.13. APPROXIMATE QUANTITIES

The Bidder’s attention is called to the fact that the quantities given are estimated quantities and are intended as a guide to the bidder, but in no way bind or limit the County to the actual amount of work to be performed or the quantity of material to be furnished. Any estimates of quantities herein furnished by the County are approximations only and have been used by the County as a basis for estimating the cost of the work and will also be used for the purpose of tabulating and comparing the bids and awarding the

Contract. The County has endeavored to estimate these quantities correctly according to the information shown on the plans, but it is not guaranteed that these estimated quantities are accurate and, if the

Contractor in developing and/or submitting a bid relies upon the accuracy of said estimated quantities, the Bidder does so at their own risk.

7.14. ALTERATIONS

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

7.15. PERSONAL LIABILITY OF PUBLIC OFFICIALS

In carrying out any of the provisions of this Contract or in exercising any power of authority granted to him thereby, there shall be no personal liability upon the County, or his authorized agent being understood that in such matters he acts as the agent or representative of the County.

7.16. LEGAL NOTICE

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

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

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

Referenced appendices may be subject to change.

https://www.ccgov.org/government/purchasing

7.17. PUBLIC INFORMATION ACT (PIA)

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

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

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

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

7.18. EXAMINATION OF SITE AND DATA

Before submitting proposals, prospective bidders should carefully examine the Proposed Contract

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

7.19. DAMAGES

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

7.20. LAWS AND REGULATIONS

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

Contractor or any of their agents and/or employees.

7.21. RIGHT TO TERMINATE

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

7.22. CLAIMS

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

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

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

7.23. BREACHES AND DISPUTE RESOLUTION

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

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

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

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

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

7.24. SUBLETTING OF CONTRACT

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

7.25. TEMPORARY SUSPENSION OF THE WORK

The County shall have authority to suspend the work wholly or in part for such period or periods as it may deem necessary, due to unsuitable weather or such other conditions as are considered unfavorable for the prosecution of the work, or for such time as is necessary due to the failure on the part of the

Contractor to carry out orders given or to perform any or all provisions of the Contract. The Contractor shall immediately comply with the written order of the County to suspend work wholly or in part. In all cases of suspension of construction operations, the work shall not be resumed again until the County gives written permission.

Provided that reasonable cause exists for the County to exercise this authority to suspend the Work, the

Contractor agrees that he shall not make any claim for charges or claims for damages by him for any delays or hindrances, from any cause whatsoever during the progress of any portion of the services specified in this Agreement. Such delays or hindrances, if any, may be compensated for by an extension of contract time only for such reasonable period as the County may decide. Time extensions will be granted only for excusable delays such as delays beyond the control and without the fault or negligence of the Contractor.

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

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

7.26. ANNULMENT OF CONTRACT

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

Surety shall be held responsible for such excess cost.

7.27. EXTRA WORK

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

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

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

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

7.28. EXTRA WORK AS A PART OF CONTRACT

No order for extra work, nor doing the performance of any extra work at any time or place shall in any manner or extent relieve the Contractor or the Surety of his bond from any of their obligations under the

Contract documents; all extra work orders being given and all extra work being performed, under and in accordance with the Contract are to be considered a part of the same and subject to each and every one of the terms and requirements of the Contract documents, and fully covered by the bond furnished by the Contractor.

7.29. FORCE ACCOUNT WORK

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

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

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

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

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

(15th) day of the month following that in which the work was actually performed and shall include all labor charges, etc., and material charges insofar as they can be verified.

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

On extra work as defined in this paragraph, the Contractor will be reimbursed for his expenditures for

Workmen’s Compensation Insurance, Public Liability Insurance, Social Security Taxes and Unemployment

Compensation covering the men actually engaged upon such extra work. No percentage will be added to such payments, but the Contractor shall be entitled to receive only the actual amount of money expended for such Workmen’s Compensation Insurance, Public Liability Insurance, Social Security Taxes, and

Unemployment Compensation. Such payments shall be based upon the prevailing standard insurance rates supported by receipted vouchers from the insurance vendors and upon the actual amount of taxes paid for Social Security and Unemployment Compensation as evidenced by proper documents furnished by the Contractor.

7.30. FAILURE TO COMPLETE WORK ON-TIME

Should the Contractor fail to complete, fully and to all intents and purposes, the work as specified in the proposal and contract on or before the time specified, the said Contractor shall pay to the County such sum as is specified in the paragraph entitled “LIQUIDATED DAMAGES”. This project includes a road closure with a substantial detour to be put in place. The said contractor shall pursue work diligently and continuously once the road closure is put in place.

7.31. LIQUIDATED DAMAGES

It is hereby understood and mutually agreed, by and between the Contractor and the County that “Time is of the Essence” with regard to the performance of this Contract, such that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are Essential

Conditions of the Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the “Notice to Proceed”.

The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the County, that the time for the completion of the work described herein, is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality.

If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the County, then the Contractor does hereby agree, as a part, consideration for the awarding of this Contract, to pay to the County the damages for such breach of

Contract as hereinafter set forth, for each and every work day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the County because of the impracticability and difficulty of fixing and ascertaining the actual damages the County would in such an event sustain and said amount is agreed to be a fair estimate of the amount of damages which the County would on account of unexcused project delays sustain and said amount be withheld from time to time by the County from current periodical estimates.

It is further agreed that time is of the essence of each and every portion of this Contract and of the specifications, wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract, additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided that the

Contractor shall not be charged with liquidated damages or any excess cost when the County determines that the Contractor is without fault and the Contractor’s reasons for the time extension are acceptable to the County; provided further that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due:

To any preference, priority, or allocation order duly issued by the Government;

A. To unforeseeable cause beyond the control and without the fault of negligence of the

Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the

County, acts of another Contractor in the performance of a contract with the County, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; and

B. To any delays of subcontractors or supplies occasioned by any of the causes specified in subsections (a) and (b) of this article.

Provided further, that the Contractor shall, within three (3) days from the beginning of such delay, unless the County shall grant a further period of time prior to the date of final settlement of the Contract, notify the County, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter.

Provided further, the amount of liquidated damages shall be $1500.00 per work day.

7.32. RESPONSIBILITY FOR DIRECT DAMAGES

In addition to the assessment of liquidated damages for delay, it is hereby understood and mutually agreed, by and between the Contractor and the County that the Contractor shall be responsible to the

County for payment of direct costs incurred by the County if it is necessary for the County to supervise or correct work that does not comply with the Contract Documents.

7.33. CONTRACT PERFORMANCE

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

7.34. PROSECUTION OF WORK

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

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

7.35. INSPECTION

The County may appoint such persons as he may deem necessary to properly inspect the materials furnished or to be furnished, and the work performed under this Contract, and to see that the same strictly corresponds with the drawings and specifications; such materials and workmanship shall be always subject to the approval of the County, but no inspection, approval or acceptance of any part of the work herein contracted for, or of the materials used therein or any payment on account thereof, shall prevent the rejection of said work or materials found to be defective, or not, in accordance with the requirements of the Contract. Work and materials will be inspected promptly, but if for any reason delay should occur, the Contractor shall have thereby no claim for damages or extra compensation. The Contractor shall provide and be responsible for all costs associated with material testing as required by this Contract, including but not limited to, subgrade compaction tests and pavement density tests. Cecil County Roads inspector(s), and or the County's Representatives, are available from 7:00 AM to 5:00 PM.

7.36. WARRANTY

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

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

County, Maryland authorized representative.

7.37. CONTINGENT ITEMS

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

7.38. DISADVANTAGED BUSINESS ENTERPRISE PROGRAM

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

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

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

8. Insurance Provisions

GENERAL REQUIREMENTS

Coverages Required:

Unless otherwise required by the specifications or the contract, the Contractor/Vendor shall purchase and maintain the insurance coverages listed herein.

Insurance Companies must be acceptable to Cecil County and have an A.M. Best Rating of A-, Class X or better.

Verification of Insurance:

Before starting work on the contract or prior to the execution of the Contract on those bid, the

Contractor/Vendor shall provide Cecil County, Maryland with verification of insurance coverage evidencing the required coverages.

Cecil County as Additional Insured:

The coverage required, excluding Worker’s Compensation and Employers’ Liability and Medical

Malpractice Liability/Professional Liability/Errors and Omissions Liability, must include Cecil County, Maryland as an additional insured.

Contractor’s/Vendor’s Responsibility:

The providing of any insurance herein does not relieve the Contractor/Vendor of any of the responsibilities or obligations the Contractor/Vendor has assumed in the contract or for which the contractor/Vendor may be liable by law or otherwise.

Failure to Provide Insurance:

Failure to provide and continue in force the required insurance shall be deemed a material breach of the contract.

INSURANCE COVERAGES

General Liability Insurance

• Minimum Limits of Coverage:

General Liability: $2,000,000 Annual Aggregate

$1,000,000 Each Occurrence

$1,000,000 Products and Completed Operations

$1,000,000 Personal Injury and Advertising

• Such insurance shall protect the Contractor/Vendor from claims which may arise out of, or result from, the Contractor’s/Vendor’s operations under the contract, whether such operations be by the Contractor/Vendor, any subcontractor, anyone directly or indirectly employed by the

Contractor/Vendor or Subcontractor, or anyone for whose acts any of the above may be liable.

• Minimum Coverages to be included:

A. Independent Contractor’s coverage;

B. Completed Operations and Products Liability coverage; and

C. Contractual Liability coverage

• Damages not to be Excluded:

Such insurance shall contain no exclusions applying to operations by the Contractor/Vendor or any Subcontractor in the performance of the Contract including but not limited to:

A. Collapse of, or structural injury to, any building or structure;

B. Damage to underground property; or

C. Damage arising out of blasting or explosion.

Automobile Liability Insurance

• Minimum Limits of Coverage:

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

• Minimum Coverages to be Included:

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

Workers’ compensation and Employers’ Liability Insurance

• Such insurance must contain statutory coverage, including:

o Employers’ Liability insurance with limits of at least:

Worker’s Compensation: -- Statutory

Excess $1,000,000 Each Occurrence

Professional Liability Insurance

• Minimum Limits of Coverage:

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

Other

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

Notice of Cancellation

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

"Thirty (30) days advance written notice of cancellation, non-renewal, reduction, and/or material change shall be sent to: Cecil County, Maryland, Attn: Purchasing Department, 200 Chesapeake Blvd., Suite 1400, Elkton, MD 21921."

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

9. Special Provisions

9.1. SCOPE OF WORK (including specifications)

Project Location: The project is located on Glebe Road approximately 3.96 miles north of Cecilton, MD in

Cecil County, MD.

Project Address: The project is located on Glebe Road approximately 0.32 miles west of Augustine Herman

Highway (MD 213).

Project Description: This project involves the removal and replacement of the bridge abutment bearings, beamseat, and backwall, deck end diaphragms, installation of drainage troughs, repairs to the existing abutment stem, wingwalls, and piers, installation of an epoxy protective coating on abutment stems and piers, installation of traffic barrier, reconstruction of the parapet end post, pavement resurfacing, full-depth paving, and associated work.

9.2. CONTRACT TYPE AND TERM

Cecil County, Maryland intends that the contractor awarded a contract, will perform the work commencing upon the date specified in the Notice to Proceed or notification of award and terminate upon expiration or completion of the project or product delivery, unless terminated by the County with the delivery of written notification of contract termination.

9.3. SCHEDULE OF OPERATIONS AND PERSONNEL

Before commencement of any work on this project, the Contractor shall submit and obtain the County’s approval of a Schedule of Operation. The Schedule of Operation shall include the methods of operation and construction sequences and shall provide for the completion of the project within the time of completion specified. The Schedule of Operation shall also specifically ensure that the duration of any required road closure shall not exceed 30 calendar days. It shall make reasonable accommodation for weather delays and shall reflect County-observed holidays.