RFP PW 23-01_Facility Vehicle Storage Pole Building_23PWPLBG0423.pdf

THE COMMISSIONERS OF KENT COUNTY, MARYLAND

REQUEST FOR PROPOSAL

# PW 23-01

FOR

CONSTRUCTION OF VEHICLE STORAGE

POLE BUILDINGS

AND

RENOVATION OF AN EXISTING POLE BUILDING

Director of Public Works 709 Morgnec Road

Chestertown, Maryland 21620

SCHEDULE

RFP # PW 23-01

Date Step

September 22, 2022 Begin Newspaper Advertising; Mail/Email Notices to Bidders on Bid List; Post on eMaryland Marketplace Advantage.

September 28, 2022 10:00 a.m. Pre-bid meeting at Public Works Complex, 709

Morgnec Road, Chestertown, MD, 21620.

October 12, 2022 11:00 a.m. Bid Opening at Public Works Complex.

October 25, 2022 Tentative Award by County Commissioners.

Table of Contents

SECTION A. GENERAL MATTERS

1. Summary

2. Issuing Office

3. Silence of Specification

4. Preparation of Proposal

5. Prices Quoted

6. Samples or Brochures

7. Questions and Inquiries

8. Submission Deadline and Instructions

9. Duration of Offer

10. Withdrawal of Proposals

11. Public Inspection of Proposals

12. Changes in Contract Documents

13. Revisions to the RFP

14. Cancellation of the RFP; Rejection of All Proposals

15. Proposal Acceptance; Discussion

16. Disqualification of Bidders

17. Bid Opening

18. Omission of Specifications

19. Incurred Expenses

20. Compliance with Law

21. Acceptance of Terms and Conditions

22. Term

23. Failure to Deliver or Perform

24. Termination of Contract

25. Changes to the Contract

26. Agreement/Contract

27. Contract and Related Data

28. Contract Award

29. Contract Extension

30. Contract Documents

31. Kent County Purchasing Code

32. Termination for Convenience

33. Termination for Cause

34. Non-discrimination

35. Kent County Ethics Ordinance

SECTION B. BID PROPOSALS AND RELATED MATTERS

1. Pre-Bid Meeting

2. Presentation

3. Proposal Form

4. Bid Forms

5. Bid Notice Disclaimer

6. Bid Surety

7. Waiver of Technicalities

8. Basis of Award

9. Modification or Withdrawal of Bids

10. Performance and Payment Bonds

11. Substitutions

12. Alternates

13. Addenda

14. Trade and Brand Names

15. Product Literature

16. Exceptions to Bid Specifications

17. Time of Delivery

18. Default in Contracting

19. Payment Terms

20. Kent County Substance Abuse Policy

21. Insurance

22. Immigration Law Compliance

23. Federal Taxpayer Identification Certificate (W-9)

SECTION C. SCOPE OF WORK, SPECIFICATIONS AND RELATED MATTERS

This section is for the using or requesting department or agency to specify in detail, including references to attachments, etc., the specifications, drawings, details, etc., to be included in the RFP/IFB. It has been prepared primarily by the using agency.

1. General

2. Substitutions

3. Background Information

4. Building Specifications

5. Experience Required

6. Completion Time

7. Warranty

8. Award

9. Prevailing Wage Requirements

SECTION D. INDEX OF BID FORMS

1. Standard Sealed Bid Price Sheet

2. Standard Sealed Bid Form

3. Bid Surety

4. Signature Form

5. Affidavit of Qualifications to Bid

6. Non-Collusion Certificate

7. General Terms and Conditions of Contract between County and Contractor

SECTION A. GENERAL MATTERS

1. Summary

The County Commissioners of Kent County, Maryland, a body corporate, politic and a political subdivision of the State of Maryland (the “County”) is requesting proposals from qualified bidders to construct up to two

(2) measuring 30 feet wide by 36 feet in length, free-standing vehicle storage pole buildings at two (2) locations within the County. In addition, a proposal to replace metal siding and roofing on an existing pole building located at the County Grounds Maintenance Facility, 10932 Worton Road, Worton, MD 21678, in accordance with Chapter 49 of the Code of Public Local Laws of Kent County (CPLL).

2. Issuing Office

Michael S. Moulds, PE Director of Public Works

Chestertown, MD 21620

Telephone #: (410) 778-2600 mmoulds@kentgov.org

The individual listed above shall serve as the “Director of Purchasing” and as the sole point of contact for purposes of this procurement.

3. Silence of Specification

The apparent silence of the specifications as to any detail, or the apparent omission from it of detailed description concerning any point, shall be regarded as meaning that only the best commercial practice is to prevail and only material and workmanship of the first quality are to be used. Proof of specifications compliance will be the responsibility of the vendor.

4. Preparation of Proposal

A. The bidder’s proposal shall be written in ink or typewritten on the form provided.

B. If items are listed with a zero quantity, bidder shall state unit price ONLY (intended for open end purchases where estimated requirements are not known). The proposal shall show a total bid price for each item bid and the total bid price of the proposal, excluding zero quantity items.

5. Prices Quoted

The prices quoted are those for which the material will be furnished F.O.B. Destination and must include all charges that may be imposed during the period of the contract.

6. Samples or Brochures

Samples or brochures may be required by the County for evaluation purposes. They shall be such as to permit the County to compare and determine if the item offered complies with the intent of the specifications.

7. Questions and Inquiries

All questions and inquiries regarding the terms of this RFP should be directed to the Director of Purchasing identified in Section A.2. prior to the pre-bid meeting.

Questions subsequent to the pre-bid meeting must be submitted in writing to the person below.

Please refer any questions to: Michael S. Moulds P.E., Director of Public Works Kent County Department of Public Works Phone: 410-778-2600 Email: mmoulds@kentgov.org

Questions must be received by the close of business on October 5th, 2022. A summary of questions and answers, including those addressed at the pre-bid meeting conference, will be distributed to all attendees of the pre-bid meeting and any others known to have received the bid documents.

Written responses shall be considered the official answers and shall supersede any verbal discussions.

Verbal answers at or subsequent to the pre-bid meeting are not binding and reliance should not be placed on the same.

8. Submission Deadline and Instructions

All proposals must arrive at the Attention of the Director of Purchasing (“Issuing Office”) by October 12th, 2022, no later than 11:00 A.M. in order to be considered. Requests for extension of this date or time will not be granted. Offerors mailing proposals should allow sufficient mail and internal delivery time to ensure timely receipt at the Issuing Office. Proposals or unsolicited amendments to proposals arriving after the closing date and time will NOT be considered.

Bidders are cautioned that bids mailed, shipped by express, sent by courier, or hand-delivered to arrive the day of the bid opening must be in the hands of the Issuing Office no later than 10:00 a.m. on the date specified. Bids received later than that time will be returned unopened. Please check your method of delivery to see if it conforms to this requirement. Proposals must be mailed, shipped, or hand delivered to the following address:

Director of Purchasing Issuing Office Kent County Department of Public Works

Chestertown, Maryland 21620-1312

BIDDERS ARE ADVISED THAT MAIL IS DELIVERED ONCE A DAY, AND USUALLY

ARRIVES AFTER THE TIME SPECIFIED FOR BID DELIVERY ON THE APPLICABLE DATE.

BIDS WILL NOT BE ACCEPTED AT ANY OTHER LOCATION.

THE COUNTY WILL NOT BE RESPONSIBLE FOR ANY BIDS DELIVERED TO ANY OTHER

LOCATION THAN THE ISSUING OFFICE OF THE DIRECTOR OF PURCHASING, WHETHER

SUCH OTHER LOCATION IS A COUNTY OFFICE OR OTHERWISE.

All proposals must be in a sealed envelope with the following information clearly printed on the outside:

THIS IS A SEALED BID PROPOSAL FOR

KENT COUNTY – _PW 23-01

Please note that if a bid is mailed, sent by messenger service, or delivered by commercial carrier (e.g.

FEDEX, UPS, etc.). THE OUTSIDE ENVELOPE, AS WELL AS THE INSIDE ENVELOPE, IF ANY, MUST CONTAIN THE LEGEND SHOWN ABOVE. County staff receives many items by such services and if the legend does not appear, a response may be misrouted or delayed in opening. The bidder takes full responsibility for the legend and THE COUNTY WILL NOT DEEM A BID AS TIMELY

RECEIVED, EVEN IF RECEIVED ON TIME, IF OPENED LATER THAN THE DEADLINE DUE TO

LACK OF THE APPROPRIATE LEGEND ON THE MAILER/OUTSIDE ENVELOPE.

9. Duration of Offer

Unless otherwise specified by the County, proposals submitted in response to this solicitation are irrevocable for ninety (90) days following the closing date. This period may be extended only with the offeror’s written agreement.

10. Withdrawal of Proposals

A bidder may withdraw its proposal unopened after it has been deposited, if such a request is made prior to the time set for the opening of the proposal.

11. Public Inspection of Proposals

If the bidder designates a portion of its bid as confidential, it shall isolate and identify in writing the confidential portions. The bidder shall include with this designation a statement that explains and supports for firm’s claim that the bid items identified as confidential contain trade secrets or other proprietary data.

12. Changes in Contract Documents

Changes to contract documents shall be made only in writing and copies will be emailed, faxed, or mailed to all known prospective bidders. The County assumes no responsibility for verbal instructions or interpretations. The contract documents contain the provisions required for the contract. Information obtained from an officer, agent, or employee of the County or any other person shall not affect the risks or obligations assumed by the bidder or relieve him of fulfilling any of the conditions of the contract.

13. Revisions to the RFP

If it becomes necessary to revise this RFP, amendments will be provided to all prospective offerors that were sent this RFP or are known otherwise by the Director of Purchasing to have obtained this RFP.

Acknowledgment of the receipt of all amendments will be required.

14. Cancellation of the RFP; Rejection of All Proposals

The County may cancel this RFP, in whole or in part, or may reject any/all proposals submitted in response whenever this action is determined to be in the best interest of the County. Kent County shall have no liability or obligation to any of the proposers preparing or submitting proposals under this RFP.

15. Proposal Acceptance; Discussions

The County reserves the right to accept or reject any or all proposals, in whole or in part, received in response to this RFP, to waive or permit cure of minor irregularities; and to conduct discussions with all qualified offerors in any manner necessary to serve the best interests of the County. The County also reserves the right, at its sole discretion; to award a contract based upon the written proposals received without prior discussions or negotiations.

16. Disqualification of Bidders

Any one or more of the following causes may be considered sufficient for the disqualification of a bidder and the rejection of its proposal(s):

A. More than one proposal for the same contract from an individual, firm, or corporation under the same or different names.

B. Evidence of collusion among bidders.

C. Unsatisfactory performance record as evidenced by past experience.

D. If the unit prices are obviously unbalanced either in excess or below reasonable cost analysis values.

E. If there are any unauthorized additions, interlineation, conditional, or alternate bids or irregularities of any kind which may render the proposal incomplete, indefinite, or ambiguous as to its meaning.

F. Non-attendance of mandatory pre-bid meetings may be cause of disqualification.

17. Bid Opening

All bids will be opened and publicly read by designated County staff at 11:00 a.m., October 12th, 2022, at 709 Morgnec Road, Chestertown, Maryland. Bidders and other interested parties are invited to attend these public forums.

18. Omission of Specifications

The omission of any specifications, or details of any specifications which would normally apply to the products or service herein stated, shall not relieve the bidder from fulfilling the required specifications necessary to provide a finished product best suited for the intended purpose. The best commercial practices are to prevail, and only materials of first quality, correct type, size, and design are to be used.

Workmanship shall be of first quality. All parts and materials, whether specified herein or not, shall be rated to meet or exceed the maximum rating required by the product or service and its maximum intended purpose.

19. Incurred Expenses

The County will not be responsible for any costs incurred by an offeror in preparing and submitting a proposal in response to this RFP.

20. Compliance with Law

By submitting an offer in response to this RFP, the offeror, if awarded the contract, agrees that it will comply with all federal, state, and local laws applicable to its activities and obligations under the contract.

21. Acceptance of Terms and Conditions

By submitting a response to this RFP, an offeror shall be deemed to have accepted all the terms, conditions, and requirements set forth in this RFP unless otherwise clearly noted and explained in its proposal. All proposals submitted in response to this Request for Proposal become the property of the County.

All County agreements are subject to the County’s General Terms and Conditions unless otherwise specifically changed or waived hereunder or in the Contract.

22. Term

Any contract(s) resulting from this procurement will be for the stated period; however, all contracts are subject to non-appropriations and termination for convenience clauses.

23. Failure To Deliver or Perform

In the event the offeror fails to deliver the goods or services covered by the contract and in accordance with the delivery dates stipulated in the contract, the County reserves the right to purchase on the open market those goods and services which the offeror has failed to deliver and shall deduct any additional costs incurred by the County as a result of such failure to deliver, from any money due to the offeror under the contract or other contracts with the County.

24. Termination of Contract

The County reserves the right to cancel the contract entered into as a result of this bid if, in its opinion, there shall be a failure on the part of the offeror at any time to perform faithfully any of the contract requirements.

Should the offeror fail to comply with contract requirements, except for circumstances beyond its control such as, but not limited to an Act of God, war, flood, and governmental restrictions, the County reserves the right to purchase the required goods or services in the open market and charge the offeror with any excess costs, or to complete the required work or obtain the required goods at the expense of the offeror and to withhold any monies that may be due or become due and apply same to any expenses or excess costs incurred to the County.

The County may terminate this agreement at any time, for any reason, and shall be liable only for time and costs incurred as of the date of termination.

25. Changes to the Contract

The County may at any time make changes within the general scope of the contract in the design or specifications of the services to be delivered. The contract shall be modified in writing to reflect any equitable adjustment caused by any increase or decrease in the offeror’s cost or time required for performance or change in scope of service. The County reserves the right to increase or decrease quantities and/or projects at their discretion.

26. Agreement/Contract

Any agreement or contract resulting from the acceptance of a Proposal shall be on forms either supplied by or approved by the County and shall contain, at a minimum, applicable provisions of the Request for

Proposal. The County reserves the right to reject any agreement that does not conform to the Request for Proposal and any County requirements for agreements and contracts.

27. Contract and Related Data

No reports, information or data given to or prepared by the County under the contract shall be made available to any person by the firm without the prior written approval of the County.

28. Contract Award

It is the intent of the County to award a contract to the lowest qualified responsible and responsive bidder within thirty (30) calendar days following bid opening; however, the County requires bidders to sign the “Standard Bid Acceptance” form to guarantee their bid for a period of ninety (90) days following the bid opening date. The County reserves the right to reject any and/or all bids.

The County reserves the right to award all or any of the individual Bid Items depending on the lowest responsible bid for the Bid Items selected.

The County also reserves the right to further negotiate further the terms of the contract, including the award amount, with the selected bidder prior to entering into a contract. If contract negotiations cannot be concluded successfully with the selected bidder, the County may negotiate a contract with the next selected bidder, and so on. The County reserves the right to negotiate with the bidder whose proposal is the closest to being acceptable or to seek additional proposals after the proposal date. The County reserves the right to waive any irregularities and technicalities and may, at its discretion, request a follow-up or amended proposal.

29. Contract Extension

There is no anticipated contract extension required for this project.

30. Contract Documents

The Contract Documents shall include this RFP, Schedule, Information to Bidders, Bid Forms, Specifications, Drawings, Addenda, the County General Terms and Conditions, the resulting contract, and any other documents which are clearly intended to be a part of the terms, conditions, requirements, and specifications for the subject products or services.

31. Kent County Purchasing Code

All County purchases are subject to and to be accomplished in accordance with Chapter 49 of the CPLL.

Bidders should familiarize themselves with Chapter 49. A copy of Chapter 49 may be obtained from the Clerk of the County Commissioners, by phone at 410-778-4600 or is available online through the County’s website at http://www.kentcounty.com/ .

32. Termination for Convenience

Contracts shall remain in effect for the time duration and quantity specified unless the contract is terminated by the County. The County may terminate the contract at any time by giving written notice of such termination and specifying the effective date thereof at least thirty (30) days before the effective date of termination.

http://www.kentcounty.com/

33. Termination for Cause

If, for any reasons or through any cause, the Contractor fails to fulfill in a timely and proper manner, its obligations under this Contract, or if the Contractor violates any of the covenants, agreements, or stipulations of this Contract, the County shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In the event of termination, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, reports, or other material prepared by the Contractor under this Contract shall, at the option of the County, become property of the County.

The Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials which is usable to the County.

34. Non-discrimination

The County is an equal opportunity employer. The County complies with Title VI of the Civil Rights Act of 1964, which provides that no person shall be denied on the grounds of race, color, or national origin, be excluded from, be denied the benefits of, or discriminated against under any program or activity receiving Federal financial assistance. Each bidder shall verify through execution of the bid form that it does not discriminate on the basis of race, color, creed, religion, gender, age, lawful sexual orientation, marital status, national origin, or on any other basis generally prohibited by any federal, State, or local law, rule, or regulation.

35. Kent County Ethics Ordinance

By submitting a bid in response hereto, the bidder acknowledges that it is familiar with the County’s Code of Ethics, CPLL, Chapter 29, and certifies that it has no knowledge of any violation of that Chapter, any conflict of interest which may exist or arise under Chapter 29 if the bidder is awarded a contract, and of giving any gift (as that term is defined in Chapter 29) to anyone who has or may participate in the awarding of this contract or the management or supervision thereof. Contact the County’s Attorney Office at 410-810-0428 if any additional information is required. A copy of Chapter 29 may be obtained from the Clerk of the County Commissioners at 410-778-4600 or can be found online through the County’s website at http://www.kentcounty.com/ .

http://www.kentcounty.com/

SECTION B. BID PROPOSALS AND RELATED MATTERS

1. Pre-Bid Meeting

A pre-bid meeting will be held on September 28th, 2022 beginning at 10:00 a.m. in the meeting room of the Public Works Complex at 709 Morgnec Road, Chestertown, Maryland 21620. All interested offerors are recommended to attend. Nothing stated at the pre-bid meeting may change the Request for Proposal unless the Director of Purchasing makes a change by written amendment.

2. Presentation

Offerors may be required to make individual written or oral presentations to the County representatives in order to clarify their proposals.

3. Proposal Form

Proposals should be simply and economically prepared to provide a straightforward, concise description of the offeror’s proposal for meeting the requirements of this procurement.

4. Bid Forms

All Bids must be made on the required bid forms. All blank spaces for bid prices must be completed in ink or typewritten, and the bid form must be fully completed and executed when submitted. Unless otherwise specifically required, only one copy of the bid form is required. A conditional or qualified bid will not be accepted. The base price on the bid form shall be the total cost of the item being bid in accordance with the specifications in the RFP. Alternates shall only be used to reflect increases or decreases in the base bid price. Only those alternates which are specifically requested by the County will be considered.

5. Bid Notice Disclaimer

The mailing of bid solicitations (notices) to incumbent and/or potential vendors of goods and services is a courtesy extended by the County, as well as a method for generating interest among vendors. For purposes of bidding opportunities, generally, interested vendors should rely on the public notices published in the newspapers of general circulation in Kent County and posted online at eMaryland Marketplace Advantage.

6. Bid Surety

All bids shall be accompanied by a Bid Surety in the form of a certified check, or bid bond, made payable to the County Commissioners of Kent County, Maryland for the penal sum of 5% of the bid price. Bid Surety will be returned to all bidders upon completion of the contract award process, with the exception of the successful bidder. Non-Performance or failure to sign the contract within ten (10) business days after the award, (or later within the bid guarantee period at the discretion of the County), or withdrawal of a bid subsequent to opening but prior to award, shall result in forfeiture of the Bid Surety. Any Bid Surety and related forms and instruments required must be executed and attached to the bid submittal.

7. Waiver of Technicalities

The County reserves the right to waive formalities or technicalities in bids, as the interest of the County may require in accordance with the terms of the County’s Purchasing Ordinance, Chapter 49, Code of

Public Local Laws of Kent County, Maryland (“CPLL”).

8. Basis of Award

All responsive proposals from responsible bidders will be eligible for contract award, based on the following:

A. Lowest price from a responsive and responsible bidder as indicated by the total price on the bid form for the Bid Items selected by the County.

B. Compliance with specifications.

C. Compliance with terms of the bid package.

D. Ability to perform or deliver on time.

The County may undertake such investigations or inquiries as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish the County with all requested information and data for this purpose.

9. Modification or Withdrawal of Bids

A. Pre-Opening Modification or Withdrawal of Bids:

Bids may be modified or withdrawn by written notice received by the Clerk of the County Commissioners before the time and date set for bid opening.

B. Disposition of Bid Bond:

If a bid is withdrawn in accordance with this regulation, the Bid Bond, if any, shall be returned to the Bidder.

C. Late Bids, Late Withdrawals, and Late Modifications:

Any bid and any request for Withdrawal or Modification received after the time and date set for receipt and opening of bids is late and will be disregarded.

10. Performance and Payment Bonds Not Required

In accordance with the specifications, the selected bidder will be required to furnish a Performance Bond and a Payment Bond, each in an amount of one hundred percent (100%) of the contract price. The successful bidder shall be required to furnish the bond(s) at the time of the execution of the contract. Where attorneys-in-fact sign bid, payment, and/or performance bonds, bidders must provide with each bond, a certified and effective dated copy of their Power of Attorney. The bidder to whom the contract is awarded will be required to execute the contract and obtain the requisite bonds within ten (10) calendar days from the date when Notice to Award is delivered by the County to the bidder.

11. Substitutions

The material, products, and equipment described in the bidding documents establish a standard of required function, dimension, appearance, and equality to be met by any proposed substitution, unless specifically stated otherwise. No substitutions will be considered prior to receipt of the bids unless a written request for approval has been received at least ten (10) days prior to the receipt of bids. Each such request shall include the name of material or equipment for which a substitution is proposed and a complete description of the proposed substitute including drawings, cuts, performance, test data, and any other information necessary for evaluation.

12. Alternates

An alternate is a dollar amount to be added to or subtracted from the base bid price. The County may request alternate prices to compare various options that may be in their best interest. The County shall have the right to accept alternates in any order or combination, and to determine the low bidder on the basis of the base bid and alternates accepted.

13. Addenda

Addenda, if any, will be emailed, mailed, or delivered to all that are known to have received a complete set of bidding documents and will be posted on the eMaryland Marketplace Advantage. Copies of Addenda will be made available for inspection wherever bidding documents are on file for that purpose. No addenda will be issued later than three (3) days prior to the date for receipt of bid, except an Addendum withdrawing the request for bids or one which includes postponement of the date for receipt of bids.

14. Trade and Brand Names

Unless specifically provided otherwise in an RFP, the use of or references to any trade or brand names in this bid package shall be solely for the purpose of establishing a standard and shall in no way infer that other trade and brand names will not be acceptable.

15. Product Literature

Bidders shall include with their bid submittal literature detailing make, model, and specifications of the product which they are bidding, if applicable.

16. Exceptions to Bid Specifications

Any bidder taking an exception to the stated specifications or requirements must make such exceptions clear and in writing, and shall attach such exceptions to, or include them in, the sealed bid proposal. This section is not to be construed to mean that the county is obligated to accept any such exception.

THE COUNTY IS NOT OBLIGATED TO ACCEPT ANY BID NOT IN CONFORMANCE WITH

BID SPECIFICATIONS AND MAY REJECT SUCH BIDS WITHOUT COMMENT OR REVIEW.

BIDDERS TAKING SUCH EXCEPTIONS DO SO AT THEIR OWN RISK.

17. Time of Delivery

The Contractor, after receipt of written notice of the award of the contract and receipt of the purchase order, shall diligently prosecute same so that it will be fully completed within the number of consecutive calendar days stated in the proposal. Calendar days for completing delivery of the bid items shall start from the date of notice of said award and purchase order.

18. Default in Contracting

Should the bidder to whom the contract is awarded fail or be unable to execute the contract for any reason within seven (7) calendar days after notification of award, then an amount equal to the difference between the accepted bid price and that of the next highest bidder shall be forfeited to the owner as liquidated damages.

19. Payment Terms

Payment will be made only for properly approved invoices supported by adequate information and details enabling the County to determine that the appropriate level of performance has been reached, including invoices for materials already delivered and services already performed. Otherwise, payment will not be made. Invoices must include the period covered and a detailed itemization of the items or services included in the invoice, which shall be subject to review by the County. Invoices shall be submitted monthly (for ongoing projects or orders) or within thirty (30) days of delivery or completion (for single service or delivery contracts) by paper or by email. Approved payment shall be made to the contractor within thirty

(30) calendar days of receipt of an acceptable invoice. Invoices shall be mailed directly to the designated Contract Administrator.

20. Kent County Substance Abuse Policy

The County adopted the “Kent County Government Substance Abuse Policy,” a policy to which the successful bidder must strictly adhere. Prospective bidders are cautioned to make themselves familiar with the policy. Bidders must state on the “Standard Bid Form” whether or not you have a drug abuse program in effect.

21. Insurance

Prior to execution of this contract, the successful bidder shall submit a “Certificate of Insurance” indicating it carries the appropriate insurances in the amount specified in this RFP. Coverages shall be maintained continuously throughout the term of the contract with no lapses in coverage. Unless otherwise specified, coverage levels shall be required as follows:

A. Professional malpractice, negligence, and errors and omissions coverage in minimum amounts of

$2,000,000.00 per event and $1,000,000.00 per person. Not Required

B. General Liability - Minimum - $2,000,000.00 per occurrence.

C. Workers’ Compensation Insurance as required by law.

D. Comprehensive Liability Insurance with minimum limits of $1,000,000.00 per person, $2,000,000.00 per occurrence. Policy shall include the broad form of Comprehensive General Liability Endorsement or its equivalent.

E. All required coverages shall include and specifically name the County as an additional insured and loss payee with respect to all operations under the contract, and for the duration of the contract, in full.

F. The successful bidder will furnish the County any up-to-date certificates of insurance stating the requirements listed above at contract implementation and should insurance coverage change or be renewed at any time.

22. Immigration Law Compliance

By submitting and signing a proposal, each bidder hereby certifies that it does not, and if awarded the contract, will not during the performance of the contract, employ illegal workers or otherwise violate any provisions of any applicable federal, State, or local law concerning the employment of illegal aliens, the certification of nationality of workers, or otherwise.

23. Federal Taxpayer Identification Certificate (W-9)

All first-time successful bidders doing business with the County must submit a completed standard “Federal Taxpayer Identification Certificate – W-9” with accurate remit-to address for payments and correspondence and is to be signed and dated for the current calendar year.

SECTION C. SCOPE OF WORK, SPECIFICATIONS AND RELATED MATTERS

1. General

It is the intent of these specifications to cover all aspects of construction (Section A) and renovation (Section B) warranted by this RFP.

A. The construction of two (2) identical free-standing 30’ wide by 36’ long pole buildings at the following locations:

1) Tolchester Wastewater Treatment Facility 22010 Bayshore Road, Chestertown, MD 21620

2) Worton Water Treatment Facility

10837 Worton Road, Worton, MD 21678

The buildings will be utilized for vehicle and equipment storage. The County will provide a level stoned pad for construction of the buildings.

B. The renovation and replacement of the exterior metal siding and roof of an existing 4,000 sq. ft.

pre-engineered metal building with nailed and neoprene gasketed siding at the Worton Grounds Maintenance Facility, 10932 Worton Road, Worton, MD 21678. The replacement metal color will match the color of the adjacent new maintenance building.

Any incidental or additional work required to fulfill the requirements of the specified work shall be considered a part of said specified work and no additional payment shall be made. All work shall be performed in accordance with the prevailing code for the trade or trades involved and shall be done in a first-class workmanship manner. Inferior or shoddy workmanship or materials will not be tolerated nor accepted for payment. It shall be fully understood that the Department of Public Works shall make the final decision as to the acceptance of all work and material and that in the event of an adverse decision, no claim of any sort shall be made against the county or any of its employees, agents, or assigns.

All work shall be performed in accordance with the following:

• Kent County Building Code

• “The B.O.C.A. Basic Building Code”, latest edition, with all revisions.

• All applicable Federal, State, and local regulations.

2. Substitutions

Whenever a material, method of construction, article or piece of equipment is identified on the plans or specifications by reference to brand name or catalog numbers, it shall be understood that this is referenced for the purpose of defining the scope of work, performance or other salient requirements and that other materials, methods of construction, or products of equal capacities, quality and function shall be considered. The contractor may recommend the substitution of a material, method of construction, article, or piece of equipment of equal substance and function for those specified herein, if in the opinion of the county, such substitution is of equal substance and function to that specified. The contractor warrants that if substitutes are approved, no major changes in the function or general design of the project will result. Incidental changes or extra component parts required to accommodate the substitute will be made by the contractor without a change in the contract price or to the contract time.

3. Background Information

The new buildings will be used to house and position response vehicles that carry water and would need to be maintained in readiness in a heated building to prevent damage from freezing temperatures. In addition to providing a prepared building site, the County will use its on-call electrical contractor to install lighting and heaters in addition to garage door openers.

The renovation of the existing grounds maintenance building is intended to extend its life and provide enclosed storage space for maintenance equipment and materials.

The intent of this RFP is to obtain cost savings by obtaining more competitive bids for three related projects under a single contract if possible and within the budget constraints of the County. It will be the Contractors responsibility to obtain the required building permits for the work. The building permit will require sealed engineering drawings.

4. Building Specifications

Construction of New Pole Buildings

The following specifications are the minimum requirements for the new pole building(s) and shall not be construed to be an all-encompassing set of building specifications. It shall be the bidder’s responsibility to include all necessary items to provide complete building projects. Pole buildings will be pre-engineered and meet code requirements.

A. Site Work – The County shall provide:

1) Preparation of an area 5’ larger than the building footprint on all sides.

2) Topsoil shall be stripped and stockpiled.

3) 2” of #67 stone shall be placed PRIOR to construction.

B. Building Framing:

1) Building interior height shall be 14’.

2) Posts shall be 3-Ply Glu Lam sized and spaced on 8’ centers or as specified by building manufacturer. Posts shall be pressure treated and bedded a minimum of 36” with 240 lbs.

of a 3,000-psi concrete mix per post with post protectors and uplift anchors.

3) Gable posts shall be extended to the top of the chord truss.

4) Laminated Timber shall meet ANSI Standard A190.1-2017, NER-486 Glue Laminated Timber combinations and AITC 1178-93 Manufacturing Standard Specifications.

5) Roof Trusses shall be standard trusses with a 4/12 pitch spaced at 48” or as specified by building manufacturer and designed for loading based on Code requirements. 2’ x 4’ diagonal wind bracing shall be provided as specified by building manufacturer.

6) Siding carriers shall be 2” x 12”, grade #1 southern pine, on each side of posts.

7) Skirt boards shall be 2” x 6”, pressure-treated for ground contact.

8) Purlins shall be 2” x 4” spaced on 2’ centers.

9) Side girts shall be 2” x 4” spaced on 2’ centers.

C. Metal Components:

1) Roofing and siding shall be painted metal with a minimum 28-gauge thickness before painting with a minimum 40-year non-prorated material and labor warranty.

2) Siding and roof shall be screwed in place with painted roofing, siding, and ridge cap screws.

3) Hurricane clips shall be supplied and installed.

4) Trim shall use stainless steel trim nails.

5) Ridge vent shall be supplied and installed for the entire length of the building.

D. Building Features:

1) Building roof shall have a 1-foot overhang on eaves and gable, with painted steel fascia and drip edge, and vented soffit.

2) Building shall have 36” contrasting color wainscoting around entire perimeter. Color to be manufacturer’s standard color selection.

3) Two overhead doors shall be installed on one of the 30 ft. walls 12’ wide by 12’ high, insulated and equipped with commercial/industrial grade automatic door openers as manufactured by Overhead Door, LiftMaster, or an approved equal. Doors shall have individual controls with interior mounted button controls.

4) One personnel exterior door shall be installed by the front corner on the left side of the 36 ft wall. 3’-0” wide, standard height. Doors shall be fiberglass with commercial-grade door closers and panic hardware as required by code.

E. Insulation:

1) Exterior walls shall have ¼” Solex White Insulation or an approved substitution.

2) Roof shall have ¼” Solex White Insulation or an approved substitution.

F. Interior Finishes – None.

G. Electrical Components - Not applicable to this RFP.

H. HVAC Components – Not applicable to this RFP.

I. Plumbing Components – None.

J. Miscellaneous Hardware:

1) Exterior doors shall have locking hardware, closers, and panic hardware, as required by code.

2) Door locks shall be suitable to permit a master keying schedule.

Renovations to the Existing Grounds Maintenance Building

The renovations to the building shall meet the specifications noted above for Metal Components C.1), 2), 4), and 5), as well as Building Features D.2) and 4). Painted metal colors shall match the Adjacent Maintenance building.

Renovations shall include the following:

A. Removal and siding over of the two rear windows.

B. Replacement of the existing two side windows and door on the right side of the building.

C. Replacement of the roof gutters on the front of the building.

D. Doors, windows, and other wall penetrations shall be flashed with white trim.

E. Replacement of siding on the two interior rail sliding doors on the front of the building and removal of the two outer rail sliding doors to be replacement with a framed and sided wall.

F. The addition of a framed personnel access door meeting the requirements of Building Features D.4) above to be located on front corner of the left side wall.

5. Experience Required

In addition to the bid price, bidders shall submit evidence of their experience and qualifications as it relates to this project. References shall also be provided with current contact information. Past performance, staff qualifications and availability, and other resources will be major criteria in the review of proposals.

6. Completion Time

This project must be completed within 180 calendar days after issuance of the Notice to Proceed.

7. Warranty

The contractor shall provide a one (1) year labor and materials warranty exclusive of natural disaster and/or third-party damage.

8. Award

The successful bidder shall be selected based upon a review of qualifications, experience, and price.

The decision of the County Commissioners of Kent County shall be final. The County Commissioners of Kent County reserve the right to accept or reject any or all proposals should it be in the best interest of the county to do so.

9. Prevailing Wage Requirements

There are no prevailing wage rate requirements on this project.

SECTION D. INDEX OF BID FORMS

The following pages are to be completed and returned to the Issuing Office by the date and time aforementioned in Section A.8. These forms are in the order found on the Table of Contents, but are also listed here:

1. Standard Sealed Bid Price Sheet

2. Standard Sealed Bid Form

3. Bid Surety

4. Signature Form

5. Affidavit of Qualifications to Bid

6. Non-Collusion Certificate

7. General Terms and Conditions between County and Contractor

STANDARD SEALED BID PRICE SHEET

To the County Commissioners of Kent County, Maryland:

We hereby submit, for your review, our proposal requested by the RFP. This proposal includes and incorporates all information and specifications, required by and contained within the Contract Documents, as also described in the RFP, the same as if specifically written herein. A completed, signed, and accepted copy of this Standard Sealed Bid Form shall serve as a valid and binding contract.

Bid Item 1. Construction of one (1) Pole Building

____________________________________________________Dollars and _______________Cents

Written Bid Price

Bid Item 2. Construction of two (2) Pole Buildings

____________________________________________________Dollars and _______________Cents

Written Bid Price

Bid Item 3. Renovations to the Existing Grounds Maintenance Building

____________________________________________________Dollars and _______________Cents

Written Bid Price

Bid Item 4. Construction of two (2) Pole Buildings and Renovations to the Existing Grounds Maintenance Building

____________________________________________________Dollars and _______________Cents

Written Bid Price

County reserves the right to award the contract to the lowest responsible bidder for any bid item.

Contractor to begin work as specified in the “Notice to Proceed” and to prosecute said work to complete the contract within 180 calendar days.

Drug Abuse Policy in Effect (Circle One) YES NO Certificate of Insurance attached (Circle One) YES NO Bid Surety Attached (Circle One) YES NO Signature Form executed (Circle One) YES NO Affidavit of Qualification to Bid completed (Circle One) YES NO Non-Collusion Certificate completed (Circle One) YES NO

STANDARD SEALED BID FORM

BIDDER: _____________________________________________________________________________

AGENT (TYPED): _____________________________________________________________________

FIRM NAME: _________________________________________________________________________

ADDRESS: ___________________________________________________________________________

TELEPHONE: ________________________________________________________________________

EMAIL: ______________________________________________________________________________

Submitted by: _________________________________________________________________ (Signature of authorized agent above)

On ______________________, the ______________ day of ________________________ 2022.

Accepted by:

Michael S. Moulds, PE, by Authority of the County Commissioners

ATTEST:

_____________________________________ DATE _______________________

BID SURETY

KNOWN ALL MEN BY THESE PRESENTS, that we the undersigned, _____________________________________________________________________________as principal, and

__________________________________________________________________________ as surety, are hereby held and firmly bound unto the County Commissioners of Kent County AS OWNER in the penal sum of

______________________________________ for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

The condition of the above obligation is such that whereas the principal has submitted to the County

Commissioners of Kent County a certain BID, attached hereto and hereby made a part of hereof to enter into a contract in writing, for the ____________________________________________________________________

NOW, THEREFORE,

a) If said BID shall be rejected, or

b) If said BID shall be accepted and the principal shall execute and deliver a contract in the form of Contract attachment hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor, furnishings, materials, in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of the obligation as herein stated.

The Surety, for value received, hereby stipulated and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID, and said Surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

Principal Surety

By: ________________________________ By: ____________________________________

IMPORTANT: Surety companies executing BONDS must authorized to transact business in the State of Maryland.

SIGNATURE FORM

NAME OF BIDDER: __________________________________________________________________

SIGNATURE OF AUTHORIZED PERSON: ______________________________________________

PRINT AUTHORIZED PERSON: _______________________________________________________

TITLE OF AUTHORIZED PERSON: ____________________________________________________

STREET NAME AND NUMBER: ______________________________________________________

CITY, STATE, ZIP CODE: ____________________________________________________________

TELEPHONE NUMBER: ______________________________________________________________

E-MAIL _____________________________________________________________________________

DATE: ______________________________________________________________________________

BIDDERS FEDERAL EMPLOYER IDENTIFICATION NO. __________________________________

BIDDERS CONTRACTORS LICENSE AND PERMIT NUMBERS:

AFFIDAVIT OF QUALIFICATION TO BID

I HEREBY AFFIRM THAT

1. I am the (Title) _______________________________________________________________________and the duly authorized representative of the firm of (Name of Corporation) _______________________________

___________________________________________________________________________ whose address is

__________________________________________________________________________________ and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting.

Except as described in paragraph 3 below, neither I nor the above firm, nor to the best of my knowledge, any of its officers, directors, or partners, or any of its employees directly involved in obtaining contracts with the State of any county, bi-county, or multi-county agency, or subdivision of the State, have been convicted of, or have pleaded no contender to a charge of, or having during the course of an official investigation or other proceeding, admitted in writing or under oath, acts or omissions which constitute bribery, attempted bribery, or conspiracy to bribe under the provisions of Criminal Law Article of the Annotated Code of Maryland, or under the laws of any state or the Federal government.

2. (State "none", or as appropriate, list any conviction, plea, or admission described in paragraph 2 above, with the data: court, position with the firm, and the sentence or disposition, if any)

I acknowledge that this affidavit is to be furnished to the County Attorney for the County Commissioners of Kent County, and where appropriate, to others. I acknowledge that, if the representations set forth in this affidavit are not true and correct, the County Commissioners of Kent County may terminate any contract awarded and take any other appropriate action.