RFP WW 26-08 Rehbilitation of the Butlertown Water Tank - FINAL.pdf

THE COUNTY COMMISSIONERS OF KENT COUNTY, MARYLAND

REQUEST FOR PROPOSAL

# WW 26-08

FOR

REHABILITATION OF THE BUTLERTOWN WATER TANK,

WORTON MARYLAND

KENT COUNTY, MARYLAND

Kent County Department of Public Works 709 Morgnec Road

Chestertown, Maryland 21620

RFP # WW 26-08

TABLE OF CONTENTS

PAGE NO.

Table of Contents…………………………………………………………………………………………….…i

Schedule……………………………………………………………………………………………………….…1

Section A General Matters…………………………………………………………………………………..4

Section B Bid Proposals and Related Matters ……………………………………………………….11

Section C Scope of Work ………………………………………………………………………………..…15

Section D Bid Forms………………………………………………………………………………………….17

General Terms and Conditions of Contract……………………………………………………………29

Division 1 – General Requirements…………………………………………………..1000-1 to 1700-1

Division 5 – Metals ………………………………………………………………………..5500-1 to 5500-A

Division 7 – Foundation ………………………………………………………………….7900-1 to 7900-A

Division 9 – Finishes ……………………………………………………………………...9850-1 to 9980-1

Division 13 – Special Construction – Cleaning and Disinfection………………………..13900-1

Appendix……………………………………………………………………………….Tank Data and Photos

SCHEDULE

Date Step

January 15, 2026 Post on eMaryland Marketplace Advantage (eMMA) and

Kent County’s Request for Proposals webpage.

January 29, 2026 10:00 a.m. Pre-bid meeting at Project Site:

25021 Heather Lane, Worton, MD 21678.

February 12, 2026 Questions must be received by 12pm.

February 26, 2026 10:00 a.m. Bids are due and Bid Opening at

709 Morgnec Road, Chestertown, MD 21620

March 14, 2026 Tentative Award by County Commissioners

CONTENTS

SECTION A. GENERAL MATTERS

1. Summary

2. Issuing O ice

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 O er

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 of 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 Conference

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.

SECTION D. BID FORMS

INDEX OF BID FORMS

1. Bid Form

2. Bid Surety

3. A idavit of Qualifications to Bid

4. Non-Collusion Certificate

5. 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 and politic and a political subdivision of the State of Maryland (the “County”) is requesting proposals from qualified bidders for the rehabilitation of the Butlertown Water Tank in accordance with Chapter 49 of the Code of Public Local Laws of Kent County (CPLL). The Tank is a 250,000-gallon ellipsoidal water sphere constructed in 2009.

2. Issuing O ice

Daniel Mattson Director, Public Works 709 Morgnec Road Chestertown, MD 21620

Telephone #: (410) 778-2600 DMattson@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 include all charges that may be imposed during the period of the contract.

6. Samples or Brochures

Samples or brochures are not required for this project at the time of bid.

7. Questions and Inquiries

All questions and inquiries regarding the terms of this RFP should be directed to the individual identified in this section prior to and subsequent to the pre-bid conference and must be submitted in writing or email to the person below.

Please refer any questions to: Daniel Mattson, Director

Kent County Department of Public Works Phone: 410-778-2600 Email: dmattson@kentgov.org

Questions must be received by noon, February 12, 2026. If deemed relevant to other bidders, a summary of questions and answers, including those addressed at the pre-bid conference, will be distributed to all attendees of the pre-bid conference and any others known to have received the bid documents.

Written responses shall be considered the o icial answers and shall supersede any verbal discussions. Verbal answers at or subsequent to the pre-bid conference are not binding and reliance should not be placed on the same.

8. Submission Deadline and Instructions

All proposals must arrive at the Department of Public Works (“Bid Receipt O ice”) by February 26, 2026, at 10:00 A.M. to be considered. Requests for extension of this date or time will not be granted. O erors’ mailing proposals should allow su icient mail and internal delivery time to ensure timely receipt at the Bid Receipt O ice. Proposals or unsolicited amendments to proposals arriving after the closing date and time will NOT be considered.

Bidders are cautioned that bids mailed, shipped express, by courier, or hand delivered to arrive the day of the bid opening must be in the hands of the Bid Receipt O ice 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 address below:

Daniel Mattson, Director Kent County Department of Public Works

Chestertown, Maryland 21620

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 OFFICE OF 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 – WW 26-08.

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 sta receive 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 O er

Unless otherwise specified by the County, proposals submitted in response to this solicitation are irrevocable for 90 days following the closing date. This period may be extended only with the o eror’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 o icer, agent, or employee of the County or any other person shall not a ect 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 o erors that were sent this RFP or otherwise are known 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 and 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 o erors 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 as su icient for the disqualification of a bidder and the rejection of its proposal or proposals:

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

B. Evidenced 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 tend to make 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 sta at 10:00 a.m., February 26, 2026, Kent County Department of Public Works, 709 Morgnec Road, Chestertown, Maryland 21620. Bidders and other interested parties are invited to attend these public forums.

18. Omission of Specifications

The omission of a bidder of any of any specifications, or details of any specifications which would normally apply to the products of service herein stated, shall not relieve the bidder from fulfilling those required specifications needed to provide an end product best suited to 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 o eror in preparing and submitting a proposal in response to this RFP.

20. Compliance with Law

By submitting an o er in response to this RFP, the o eror, 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 o eror 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; provided, however, that all contracts are subject to non-appropriations and termination for convenience clauses.

23. Failure To Deliver or Perform

In the event the o eror 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 o eror 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 the o eror 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 o eror at any time to perform faithfully any of the contract requirements. Should the o eror 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 o eror with any excess costs, or to complete the required work or obtain the required goods at the expense of the o eror 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 o eror’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, as 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 30 calendar days following bid opening; however, the County requires bidders, by signing the “Standard Bid Acceptance” form to guarantee their bid for a period of 90 days following the bid opening date. The County reserves the right to reject any and/or all bids.

The County also reserves the right to 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 County Public Local Laws. Bidders should familiarize themselves with Chapter

49. A copy of Chapter 49 may be obtained from the Clerk to the County Commissioners, 410-778-4600 and available online through the County’s web site at http://www.kentcounty.com/

32. Termination for Convenience

Contracts shall remain in e ect for the time period 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 e ective date thereof, at least thirty

(30) days before the e ective date of termination.

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 e ective date thereof, at least five (5) days before the e ective date of such termination. In the event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contract under this Contract shall, at the option of the County, become its property, and 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, that it has no knowledge of any conflict of interest which may exist or arise under Chapter 29 if the bidder is awarded a contract, and that it has not given 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 O ice at 410-810-2360 if any additional information is required. A copy of Chapter 29 may be obtained from the Clerk to the County Commissioners, 410-778-4600 and available online through the County’s web site at http://www.kentcounty.com/

SECTION B. BID PROPOSALS AND RELATED MATTERS

1. Pre-bid Conference

A pre-bid conference will be held on January 29, 2026, beginning at 10:00 a.m. at the project site at 25021 Heather Lane, Worton, Md 21678. All interested o erors are encouraged to attend. Nothing stated at the pre-bid conference may change the invitation for bids unless the Director of Purchasing makes a change by written amendment.

2. Presentation

O erors 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 prepared simply and economically, providing a straightforward, concise description of the o eror’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, the Kent County website, and eMaryland Marketplace Advantage (eMMA).

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) working 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 the bidders responsible 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.

B. Compliance with specifications.

C. Compliance with terms of 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 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 to 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

In accordance with this Request for Proposal, 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 e ective 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 Contract, if awarded, will be on the basis of materials and equipment described in the drawings or specified in the specifications without consideration of possible substitute or “approved equal” items. The material, products, and equipment described in the bidding documents establish a standard of required function, dimension and appearance.

Whenever it is indicated in the drawings or specified in the specifications that a substitute or “approved equal” item of material or equipment may be furnished or used by the contractor if acceptable to the county, application for such acceptance will not be considered by the county until after execution of the contract.

12. Alternates

An alternative 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 Kent County website, and eMaryland Marketplace Advantage (eMMA). 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

Product literature shall only be required from the successful Bidder.

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 attached 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 to proceed.

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 di erence 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 make a determination that the appropriate level of performance has been reached, including invoices for materials actually delivered and services actually performed. Otherwise, payment will not be made. Invoices must include the period covered and a detailed listing of the items included in the invoice, which shall be subject to the review of the County. Invoices shall be submitted monthly (for ongoing projects or orders) or within 30 days of delivery or completion (for single service or delivery contracts) by paper or by electronic invoice (via fax or email). Approved payment shall be made to the contractor within forty-five (45) calendar days of receipt of an acceptable invoice. Payment will be made upon successful submission and approval of services.

Invoices shall be mailed directly to the designated Contract Administrator. The County will withhold a 10% payment retainage in accordance with AIA guidelines and will require a release of lines prior to final payment.

20. Kent County Substance Abuse Policy

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

21. Insurance

Prior to execution of this contract, the successful bidder shall submit a “Certificate of Insurance” indicating it carries the specified insurances in the amount specified in this RFP.

Coverage shall be maintained throughout the term of the contract. Unless otherwise specified, coverage levels shall be required as follows:

A. Professional malpractice, negligence, errors and omissions coverage in minimum amounts of $2,000,000.00 per event and $1,000,000.00 per person.

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

C. Workers’ Compensation Insurance as required as 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.

F. The successful bidder will furnish the County with any up-to-date certificates of insurance stating the requirements listed above at contract implementation.

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 .”

SECTION C. SCOPE OF WORK, SPECIFICATIONS AND RELATED MATTERS

REHABILITATION OF THE BUTLERTOWN WATER TANK

1. General

It is the intent of these specifications to cover all aspects of the Rehabilitation of the Butlertown Water Tank including repairs, painting preparation and internal and external wet and dry area painting.

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 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, only if that substitution o ers project savings and/or benefits the project schedule. The contractor is responsible for demonstrating whether the substitution is better or equal to that specified.

The county shall have sole discretion for any substitution approvals. 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 contract time.

3. General Scope of Work and Background Information

The Butlertown Water Tank is ellipsoidal watersphere. The Tank was constructed in 2009 and has a 250,000 gallon capacity. The Tank was inspected by Mumford-Bjorkman Associates, Inc. on April 30, 2024. Information and photographs are included as an Appendix. To this

RFP.

In general, the work involves preparation and painting of interior wet and dry surfaces and exterior surfaces in addition to repairs. The specifics of the work are identified in Section 1000 Summary of Work.

It shall be the responsibility of all bidders to visit the site and verify existing conditions.

The Contractor shall be responsible for the proper removal and disposal of all materials. The bid price shall include all disposal costs.

4. Maintenance of Service

The Butlertown Tank is part of the Worton Water Service Area. The service area includes a second 125,000-gallon storage tank located at the Worton Water Treatment Plant. The Contractor shall submit a work schedule to the Owner for review and approval. The schedule must address and coordinate with the Owner to be able to maintain water service during contract work.

5. Experience Required

In addition to the bid price, bidders shall submit evidence of their experience and qualifications as it relates to this project, as well as that for any proposed subcontractors.

References shall also be provided with current contact information. Past performance, sta qualifications and availability and other resources will be major criteria in the review of proposals.

6. Warranty

The contractor shall provide a one (1) year labor and materials warranty.

7. Award

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

8. Prevailing Wage Requirements

There are no prevailing wage rate requirements on this project.

9. Progress Meetings

Progress meetings shall be held monthly at a minimum to review progress and schedule.

More regularly scheduled meetings may be required if deemed necessary by the contractor or county for specific issues.

10. Temporary Facilities

No temporary facilities are required by the county. The contractor shall provide sanitary facilities for workers.

SECTION D. BID FORMS

1. Bid Form

2. Bid Surety

3. A idavit of Qualifications to Bid

4. Non-Collusion Certificate

5. General Terms & Conditions of Contract between County and Contractor

BID FORM

PROJECT IDENTIFICATION: REHABILITATION OF BUTLERTOWN TANK

WORTON, MD

THIS BID IS SUBMITTED TO: Kent County Department of Public Works

Attn: Daniel Mattson, Director

Chestertown, MD 21620

TABLE OF CONTENTS

1. Bid Recipient

2. Bidder’s Acknowledgements

3. Bidder’s Representations

4. Bidder’s Certification

5. Basis Of Bid

6. Time of Completion

7. Communications Concerning This Bid

8. Bid Submittal

9. Checklist

1. Bid Recipient

1.01 This Bid is submitted to:

OWNER: Kent County Department of Public Works Attn: Daneil Mattson, Director

Chestertown, MD 21620

1.02 The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an Agreement with OWNER in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

2. Bidder’s Acknowledgements

2.01 BIDDER accepts all the terms and conditions of the Request For Proposal # WW 26-

08, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for sixty (60) days after the Bid opening, or for such longer period of time that BIDDER may agree to in writing upon request of

OWNER.

3. Bidder’s Representations

3.01 In submitting this Bid, BIDDER represents that:

A. BIDDER has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledge receipt of the following Addenda:

Addendum No. Addendum Date

B. BIDDER has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied with the general, local, and Site conditions that may a ect cost, progress, and performance of the Work.

C. BIDDER is familiar with and has satisfied itself as to all Laws and Regulations that may a ect cost, progress, and performance of the Work.

D. BIDDER has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site, and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

E. BIDDER has considered the information known to BIDDER itself; information commonly known to contractors doing business in the locality of the Site;

information and observations obtained from visits to the Site; the Bidding Documents; and any Site-related reports and drawings identified in the Bidding Documents, with respect to the e ect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by BIDDER; and (3) BIDDER’s safety precautions and programs.

F. BIDDER agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid, for performance of the Work at the price bid, within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. BIDDER is aware of the general nature of work to be performed by OWNER and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. BIDDER has given OWNER’s Representative written notice of all conflicts, errors, ambiguities, or discrepancies that BIDDER has discovered in the Bidding Documents and confirms that the written resolution thereof by OWNER’s Representative is acceptable to BIDDER.

I. The Bidding Documents are generally su icient to indicate and convey understanding of all terms and conditions for the performance and furnishing of the Work.

J. The submission of this Bid constitutes an incontrovertible representation by BIDDER, that BIDDER has complied with every requirement of this Article, and that without exception, the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

4. Bidder’s Certification

4.01 BIDDER certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

B. BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid;

C. BIDDER has not solicited or induced any individual or entity to refrain from bidding; and

D. BIDDER has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D:

1. “corrupt practice” means the o ering, giving, receiving, or soliciting of anything of value likely to influence the action of a public o icial in the bidding process;

2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of OWNER,

(b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive OWNER of the benefits of free and open competition;

3. “collusive practice” means a scheme or arrangement between two or more BIDDER, with or without the knowledge of OWNER, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and

4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or a ect the e execution of the Contract.

5. Basis Of Bid

5.01 BIDDER will complete the Work for the Rehabilitation of Butlertown Tank, in Worton, MD: 250,000 Gallon Waterspheroid, in accordance with the Contract Documents for the following price(s):

(ITEMS 1-11)

TOTAL BID PRICE: _____________________________________________ ($___________ )

(Use words) (Figures)

(ITEMS 1-13)

ALTERNATE BID PRICE: __________________________________________ ($___________)

(Use words) (Figures)

5.02 BID BREAKDOWN

1. Interior Wet Cleaning and Painting as per Section 9950.

a. Blast and Prime Coat Cost: ________________________

b. Stripe Coat Cost: ________________________

c. Finish Coat Cost: ________________________

TOTAL COST ___________________________

2. Interior Dry Cleaning and Painting as per Section 9960.

a. Surface Preparation and Prime Coat Cost: __________________

b. Intermediate Coat Cost: __________________

c. Finish Coat Cost: __________________

TOTAL COST ____________________________

3. Exterior Cleaning and Painting as per Section 9970.

a. Pressure Wash, Spot Prep., and Spot Prime Coat Cost: _____________

b. Intermediate Coat Cost: _____________

c. Finish Coat Cost: _____________

TOTAL COST _____________________________

4. Mobilization as per Section 1505.

TOTAL COST ____________________________

5. Perform grout repairs and elastomeric sealant application, as per Section 7900.

TOTAL COST ______________________________

6. Install and secure a flexible gasket at the access tube vent gap, as per Section 5500.

TOTAL COST ______________________________

7. Remove roof vent and store on site. After blasting and painting operations, re-install the vent with new gasket and fasteners. Replace any damaged internal components in kind, as per Section 5500.

TOTAL COST _____________________________

8. Remove and replace existing insulation of the inlet and discharge pipes with new 2” thick TRYMER insulation, as per Section 5500.

TOTAL COST ______________________________

9. Remove existing safety climbs and replace with new galvanized steel flexible cable safety climb devices on interior dry ladders (3) and stainless-steel flexible cable safety climb device on interior wet (1) ladder as per Section 5500.

TOTAL COST _______________________________

10. Replace all light bulbs in the interior dry area.

TOTAL COST _______________________________

11. Seal manholes, and install new gaskets and perform the tank disinfection, as per

Section 13900.

TOTAL COST _______________________________

A. OPTIONAL ITEMS:

12. Perform twenty (20) hours of interior pit and/or seam welding as directed by Inspector, as per Section 5500.

Twenty (20) hours (estimated) x $___________________ (price per hour) =________________

TOTAL COST __________________________

13. Perform interior pit filling with 100% solids epoxy surfacing compound as directed by Inspector, as per Section 9950.

Six (6) gallons (estimated) x $_________________________ (price per gallon) = ______________

TOTAL COST ____________________________

6. Time of Completion

6.01 BIDDER agrees that the Work will be substantially completed within fifty (50) days from the issuance of the Notice to Proceed and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions, within sixty

(60) days from the issuance of the Notice to Proceed.

6.02 BIDDER accepts the provisions of the Agreement as to liquidated damages.

7. Communications Concerning This Bid

7.01 Communications concerning this Bid shall be addressed to:

Mr. Michael F. Catts, Jr.

Mumford-Bjorkman Associates, Inc. (MBA) 955 S. Chapel St.

Newark, DE 19713 E-mail: mike@mbatanks.com

7.02 Requests for further information, or questions relative to this Bid can only be submitted in writing via mail or e-mail. Phone calls are permitted, however, only those items responded to in writing shall be binding. MBA will issue all pertinent clarifications or addenda to all BIDDERS via e-mail.

8. Bid Submittal

BIDDER: [Indicate correct name of bidding entity]

By: __________________________________________________

[Signature]

[Printed Name]

(If Bidder is a Corporation, a Limited Liability Company, a Partnership, or a Joint Venture, attach evidence of Authority to Sign.)

Attest: ___________________________________________

[Signature]

[Printed Name]

Title: ____________________________________________

Date Submitted: _____________________________________

Address for Giving Notices: ________________________________________

Telephone Number: ________________________________________

Contact Name and E-mail Address: _________________________________

9. Checklist

Drug Abuse Policy In E ect (Circle One) YES NO Insurance certificate attached (Circle One YES NO Bid Surety Attached? (Circle One) YES NO Signature form executed? (Circle One) YES NO A idavit of qualifications to bid? (Circle One) YES NO Non-collusion certificate (Circle One) YES NO

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 e ect; 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 a ected 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 a ixed and these presents to be signed by their proper o icers, the day and year first set forth above.

Principal…