REQUEST FOR PROPOSAL

RFP 27-007

TRANSIT & HEAVY MACHINERY FLEET MAINTENANCE

Cecil County

200 Chesapeake Blvd

Elkton, MD 21921

RELEASE DATE: January 22, 2026

DEADLINE FOR QUESTIONS: February 9, 2026

RESPONSE DEADLINE: February 26, 2026, 2:00 pm

RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:

https://secure.procurenow.com/portal/cecil https://secure.procurenow.com/portal/%7bproject.government.code%7d

Cecil County

REQUEST FOR PROPOSAL

Transit & Heavy Machinery Fleet Maintenance

I. Dear Proposer, II. CECIL COUNTY, MARYLAND Feedback Form

III. Abbreviations and Definitions IV. General Information V. Insurance Provisions

VI. Specifications/Scope VII. Federally Required & Other Contract Clauses

VIII. Evaluation Phase IX. Submission Requirements

Attachments:

A - Cost Sheet

B - Contract Agreement - sample - B

C - Fleet Maintenance Certification

D - Certificate and Non-Collusion Statement

E - Equipment and Vehicle Listing

F - FEDERAL CERTIFICATIONS FORM

G - GOVERNMENT_WIDE_DEBARMENT_AND_SUSPENSION_FORM

Request For Proposal #RFP 27-007 Title: Transit & Heavy Machinery Fleet Maintenance

1. Dear Proposer, Thank you for your interest in doing business with Cecil County, Maryland.

We look forward to a very successful procurement process.

Please take notice of the response submittal requirements outlined in this solicitation. Read and follow the instructions very carefully, as any misinterpretations or failure to comply with instruction could lead to your submittal being rejected as nonresponsive. Any change(s) to this solicitation will be conveyed though the written addenda process. Notifications of addenda are sent electronically to Suppliers registered as receiving this solicitation by purchase or download. In addition, all addenda are posted on the County's OpenGov eProcurement Platform https://procurement.opengov.com/portal/cecil. Please read carefully and follow all instructions provided on the addendum, as well as the instruction provided in the original solicitation. It is the responsibility of all potential Contractors to monitor the Procurement Division’s website for any changing information prior to submitting their reply.

It is the intent of the Procurement Division to provide quality services. Should you have any questions, please visit our website or feel free to contact the Procurement Officer identified in this solicitation. Again, thank you for your continued interest in doing business with Cecil County Government.

Sincerely, Connie S Kamit Procurement Manager Procurement Division https://procurement.opengov.com/portal/cecil

2. CECIL COUNTY, MARYLAND Feedback Form

2.1. Solicitation Feedback Form

In order to help us improve the quality of the County solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this solicitation, please email this completed form to the attention of the Procurement Officer (see the Key Information Sheet below for contact information) at procurement@cecilcountymd.gov.

Title: Transit & Heavy Machinery Fleet Maintenance

Solicitation No: RFP 27-007

A. If you have chosen not to respond to this solicitation, please indicate the reason(s) below:

( ) Other commitments preclude our participation at this time.

( ) The subject of this solicitation is not something we ordinarily provide.

( ) We are inexperienced in the work/commodities required.

( ) Specifications are unclear, too restrictive, etc. (Explain in REMARKS section.)

( ) The scope of work is beyond our present capacity.

( ) Doing business with Cecil County is simply too complicated. (Explain in REMARKS section.)

( ) We cannot be competitive. (Explain in REMARKS section.)

( ) Time allotted for completion of the Bid/Proposal is insufficient.

( ) Start-up time is insufficient.

( ) Bonding/Insurance requirements are restrictive. (Explain in REMARKS section.)

( ) Bid/Proposal requirements (other than specifications) are unreasonable or too risky. (Explain in REMARKS section.)

( ) MBE or County-Based Small Business requirements. (Explain in REMARKS section.)

( ) Prior Cecil County contract experience was unprofitable or otherwise unsatisfactory. (Explain in REMARKS section.)

( ) Payment schedule too slow.

( ) Other: ______________________________________________________________

B. REMARKS section below. (Attach additional pages as needed)

REMARKS: _____________________________________________________________

Supplier Name: _______________________________ Date: ___________________ mailto:purchasingoffice@cecilcountymd.gov

Contact Person: _________________________ Phone: (____) __________________

E-mail Address: ________________________________________________________

3. Abbreviations and Definitions

For purposes of this solicitation, the following abbreviations or terms have the meanings indicated below:

A. Bid – A statement of price offered by a Bidder in response to the solicitation.

B. Bidder – An entity that submits a Bid in response to this solicitation.

C. Bid Price - The Bidder’s price for services and/or goods in response to this solicitation, which shall be included on the Price Bid Sheet and will be used in determining the recommended awardee.

D. Business Day(s) – The official working days of the week include Monday through Friday. Official working days exclude County Holidays and days the County is closed due to weather or other emergency event. Normal County business hours are 7:30 a.m. – 4:00 p.m. The Contractor will not be permitted to do any work that requires the presence of the County’s inspection or supervisory forces on days which are County Holidays or on Saturdays or Sundays, unless such work has been previously authorized by the County Representative.

E. Contract Commencement - The date the Contract is signed by the authorized Contractor and the County representative, or such other date as set forth in the Contract.

F. Contractor – The selected Bidder that is awarded a Contract by the County.

G. County – Cecil County, Maryland, a body corporate and politic.

H. eMMA – eMaryland Marketplace Advantage (eMMA) is the electronic commence system managed by the State of Maryland.

I. Local Time – Time in the Eastern Time Zone as observed by the State of Maryland. Unless otherwise specified, all stated times shall be Local Time, even if not expressly designated as such.

J. Notice of Intent to Award– A written notice from the Procurement Officer that the County intends to award a contract to the recipient of the notice, subject to the receipt of requested items stated in this solicitation documents.

K. Pre-Bid Conference (Conference) – A meeting to discuss objectives and answer questions related to this solicitation in order to enhance prospective Bidders’ understanding of the County’s requirements and to facilitate better preparation of their Bids.

L. Procurement Officer – Prior to the award of any Contract, the sole point of contact in the County for purposes of this solicitation.

M. Proposal - Offer made outlining the terms for a potential agreement, not strictly price based.

N. Purchasing Agent – Authorized representative of the Procurement Office.

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

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

Q. Responsive Bidder - Is a vendor who has submitted a bid, which conforms in all material respects to the requirements stated in the IFB.

R. Term Contract – The executed agreement awarded to the successful Bidder pursuant to this solicitation. The agreement will be in the form of a Term Contract that the Contractor will receive upon approval.

4. General Information

4.1. Notice of Communication

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

No vendor, its’ representative, agent, or employee shall engage in private communication with a member of the Cecil County Council, Government, or county department heads regarding any procurement of goods or services by the County from the date that this procurement packet is released. No private communication regarding the purchase shall be permitted until the procurement process is complete and a purchase order is granted, or a contract is entered into. “Private Communication” means communication with any vendor outside of a posted meeting of the governing body, a regular meeting of a standing or appointed committee, or negotiation with a vendor which has been specifically authorized by the governing body.

THE RESPONDENT IS RESPONSIBLE FOR READING AND UNDERSTANDING ALL DOCUMENTS, FORMS, SPECIFICATIONS, AND INSTRUCTIONS WITHIN THIS ENTIRE DOCUMENT. Follow all instructions; you are responsible for obtaining any information needed in order to respond to this solicitation. Further, the Respondent is responsible for providing any and all relevant information necessary to submit a response. Failure to do so will be at the Respondent’s risk and may result in rejection of the response as non-conforming.

General Requirements apply to all advertised solicitations; however, these may be superseded, whole or in part, by OTHER DATA CONTAINED HEREIN. Review the Table of Contents. Be sure your proposal package is complete.

4.2. Legal Notice

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

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

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

4.3. General Instructions for Solicitations

The Cecil County, Maryland's Finance Department and Procurement Division is issuing this Invitation for Bid (IFB) to establish a term contract with a Contractor(s) to perform Transit & Heavy Machinery Fleet Maintenance.

The County reserves the right to award to multiple vendors at its own discretion and what is considered the County's best value by the Procurement Manager which will be considered final.

A. Instructions, Forms, and Specifications:

1. All bids/proposals are to be submitted on and in accordance with the forms provided by the Procurement Division. All bids must be submitted electronically as specified within the County's OpenGov eProcurement platform. All bid/proposal times are either Eastern Standard Time or Eastern Daylight Time, whichever prevails. Late bids/proposals will not be considered.

2. Responses to Invitation for Bid (IFB) and Request for Proposal (RFP) shall be required to acknowledge the Procurement Affidavit, as provided by the Procurement Division. This does not apply to Request for Quotation (RFQ).

3. Amendments to solicitations often occur prior to bid opening and sometimes within hours prior to bid opening. All bidders are responsible for frequently visiting the Procurement web site to obtain amendments once they have downloaded a solicitation.

4. Additional information or clarification of any of the instructions or information contained herein may be obtained from the Procurement Division. The County assumes no responsibility for oral instructions or suggestions. All official correspondence in regard to this solicitation must be directed to, and will be issued by, the Procurement Division.

5. Bidders finding any discrepancy in or omission from the specifications, in doubt as to meaning, or asserting that the specifications are discriminatory, shall notify the Procurement Division in writing at once, but in no case later than five (5) business days prior to the scheduled opening of bids. Exceptions stated do not obligate the County to change the specifications. The Procurement Division will notify all bidders in writing, by amendment duly issued, of any substantive revisions to specifications or instructions.

6. Unless a written exception detailing non-conformance to specifications is noted on the bid, any part number, product number, catalog number, etc., noted on the bid will be considered in full compliance with the specifications.

7. Submission of a bid in response to this solicitation evidences the bidder's acceptance of these General Instructions and the terms and conditions of the solicitation. Submission of a bid evidences bidder's representation and warranty that the person submitting the bid response is authorized to act for and bind the contractor.

8. All original and duplicate bids/proposals and other attachments, related documents and correspondence, including all follow-up documents and correspondence, shall be typed or written in English. All prices/percentages and/or other monetary figures shall be in United States dollars.

9. It shall be the bidder's responsibility to verify that the electronic version is complete.

10. Issuing Officer: The sole point of contact for the County for purposes of this solicitation is the Buyer, listed on the cover page; questions regarding any aspect of the competitive process must be directed to the Issuing Officer in writing.

B. Award of Solicitations

1. Any award pursuant to Requests for Quotations and Invitation for Bid may be made to the lowest responsive and responsible bidder as outlined within the County Procurement Manual, 2019, as amended.

2. Awards on Requests for Quotations will be made within sixty (60) days after receipt of quote, unless otherwise indicated within solicitation. Invitation for Bid shall be made within one hundred eighty (180) days after bid opening unless otherwise indicated within solicitation. No bidder will be allowed to withdraw a bid during that period.

3. The successful bidder may be required to give security or bond, as stated in the bid document, for payment and/or performance of the contract.

4. When there is a conflict between the unit price or percentage and the extension, the unit price or percentage will prevail as the amount of the bid.

5. The County will not pay interest charges or other penalties for invoice payments.

6. Prices quoted shall be exclusive of all non-applicable Federal and Maryland State taxes. Tax exemption certificate will be furnished if required.

7. The County reserves the right to consider making payments via electronic funds transfers (EFT) on contracts for which this payment vehicle may be appropriate.

C. Reservations

1. The County reserves the right to reject, in whole or in part, any and all bids received, and to make a whole award, multiple awards, a partial award, or no award, to best service the public interest.

2. The County may waive formalities in bids as the interests of the County may require.

3. The County reserves the right to increase or decrease quantities by approximately twenty

(20) percent to be purchased at the prices bid.

4. The County reserves the right to award solicitations or place orders on a lump sum or individual item basis, or in such combination as to best serve the public interest.

5. The county may waive minor differences, irregularities, and technicalities in the specifications, provided they neither violate the specifications intent, materially affect the operation for which the items or services are being purchased, nor increased estimated maintenance and repair costs to the County.

6. At any time during normal business hours and as often as the County may deem necessary, the Contractor shall make available to and permit inspection and photocopying, by the County, its employees or agents, of all records, information and documentation of the Contractor related to the subject matter of this contract, including, but not limited to, all contracts, invoices, payroll, and financial audits.

7. Notwithstanding any other terms or provisions of the contract, in the event the County is temporarily or permanently prevented, restricted or delayed in the performance of any or all of the duties and obligations imposed upon or assumed by it thereunder, by act of the General Assembly of Maryland or the Cecil County Council, by a court of competent jurisdiction or by administrative delay not due to the fault of the County (and its members and agents) shall not be liable directly or indirectly for any claims caused to or suffered by the Contractor or any other person in connection with or as a result of such prevention, restriction or delay.

8. The County further reserves the right to make such investigation as it deems necessary to determine the ability of bidders to furnish the required services, and bidders shall furnish all such information for this purpose as the County may request. The County also reserves the right to reject the proposal of any bidder who is not currently in a position to perform the contract, or who has previously failed to perform similar contracts properly, or in a manner acceptable to the County, all of which shall be in the County's sole discretion.

D. Delivery

1. Bidders shall guarantee delivery of materials in accordance with the delivery schedule stated in specifications. All items shall be delivered F.O.B. Destination/Inside Delivery, unless otherwise indicated, with delivery costs and charges included in the bid price.

2. The County reserves the right to charge the Contractor or vendor for each day the materials, supplies, or services are not delivered in accordance with the delivery schedule. The sum established by the specifications may be invoked at the discretion of the Purchasing Agent, said sum to be considered not as a penalty, but as liquidated damages, and deducted from final payment, or otherwise, charged to the Contractor or vendor. This remedy is not exclusive but shall be in addition to all other rights and remedies available to the County.

These liquidated damages shall be in addition to any and all actual damages incurred directly or indirectly by the County, its agents, assigns, and contractors.

3. All bidders and vendors are to ensure that packaging materials used for this requirement are not made of non-recyclable Styrofoam (Polystyrene). Additionally, any materials used in packing to cushion, protect and ship are to be made of recycled, recyclable or biodegradable materials.

E. Competition

1. The name of any manufacturer, trade name, or vendor catalog number mentioned in the specifications is for the purpose of designating a standard of quality and type, and for no other purpose unless otherwise stated in the solicitation.

2. A bidder may offer a price on only one unit per line item. Even though two or more units may meet the specification, bidders must determine for themselves which to offer.

Submission by a bidder of prices for more than one unit shall be sufficient cause for rejection of the bid for that specific item.

3. Bids which show omission, irregularity, alteration of forms or additions not called for, as well as conditional or unconditional unresponsive bids, or bids obviously unbalanced, may be rejected.

4. All bids must be accompanied by such descriptive literature as may be called for by the specifications or proposal.

5. If products to be provided to the County contain any substances that could be hazardous or injurious to a person's health, a material safety data sheet (MSDS) must be provided to the Procurement Division. This applies also to any product used by a Contractor when providing a service to the County.

6. Specifications are based on County needs and uses, estimated costs of operations and maintenance, and other significant and/or limiting factors to meet County requirements, and to ensure consistency with County policies. Minimum specifications, and maximum specifications where included, are not established arbitrarily to limit competition or to exclude otherwise competitive bidders.

7. Unless multiple or alternate bids are requested in the solicitation, these bids may not be accepted. However, if a bidder clearly indicates a base bid, it shall be considered for award as though it were the only bid submitted by the bidder.

F. Terminations

1. Termination for Convenience: The County may terminate a contract, in whole or in part, without cause, by providing written notice thereof to the Contractor. In the event of termination, without cause, the County shall advise the Contractor in writing of the termination date and of work to be performed during the final days prior to contract termination. The Contractor shall be paid for all reasonable costs incurred by the Contractor up to the date of termination set forth in the written notice of termination. The Contractor will not be reimbursed for any anticipatory profits, which have not been earned up to the date of termination. Payments to be provided on a lump sum basis shall be prorated by the County based on the services rendered or goods delivered up to the date of termination set forth in the written notice.

2. Termination for Default:

a. In addition to other available rights and remedies, the County shall have the right upon the happening of any default, without providing notice to the Contractor: 1) To terminate a contract immediately, in whole or in part; 2) To suspend the contractor's authority to receive any undisbursed funds; and/or 3) To proceed at any time or from time to time to protect and enforce all rights and remedies available to the County, by suit or any other appropriate proceedings, whether for specific performance or any covenant, term or condition set forth in the contract, or for damages or other relief, or proceed to take any action authorized or permitted under applicable law or regulations.

b. Upon termination of a contract for default, the County may elect to pay the Contractor for services provided or goods delivered up to the date of termination, less the amount of damages caused by the default, all as determined by the County in its sole discretion.

If the damages exceed the undisbursed sums available for compensation, the County shall not be obligated to make any further disbursements hereunder.

c. Funding Out: If funds are not appropriated or otherwise made available to support contract continuation in any fiscal year, the County shall have the right to terminate the contract without prior notice to the Contractor and without any obligation or penalty.

G. Hold Harmless - Indemnification

1. The Contractor shall defend, indemnify and hold harmless the County, its employees, agents and officials from any and all liabilities, claims, suits, or demands including attorney's fees and court costs which may be incurred or made against the County, its employees, agents or officials resulting from any act or omission committed in the performance of the duties imposed by and performed under the terms of the contract. The Contractor shall not be responsible for acts of gross negligence or willful misconduct committed by the County.

2. The Contractor shall also defend, indemnify, and hold harmless the County, its employees, agents and officials from any and all liabilities, claims, suits, or demands including attorney's fees and court costs which may be made against the County, its employees, agents or officials by any third party arising from the alleged violation of any third party's trade secrets, proprietary information , trademark, copyright, patent rights, or intellectual property rights in connection with the contract.

3. Unless notified in writing by the County to the contrary, the Contractor shall provide defense for the County, its employees, agents and officials in accordance with this Article and in doing so the Contractor shall allow the County to participate in said defense of the County, its employees, agents and officials, to the extent and as may be required by the County and the Contractor shall cooperate with the County in all aspects in connection therewith. All filings, actions, settlements, and pleadings shall be provided to the County for comment and review prior to filing or entering thereof. No filing, action, settlement or pleading shall be filed or entered without the prior consent and approval of the County.

H. Authority

1. In case of disputes as to whether an item or service quoted or delivered meets specifications, the decision of the Purchasing Agent or authorized representative shall be final and binding on both parties. The Purchasing Agent may request the recommendation in writing of the head of the using agency, the Standards and Specifications Committee, or other objective sources.

2. Bidders desiring to appeal a decision of the Procurement Division must deliver written protests to the Procurement Division within 10 days of notification of award. The Purchasing Agent or designee will review the protested decision, examine any additional information provided by the bidder and process protest as per specifications stated within the Code of Cecil County.

I. HIPAA

1. The Contractor shall comply with the Health Insurance Portability and Accountability Act (HIPAA) and shall execute a Business Associate Agreement as may be required by the County.

J. Terms of Contract

1. Any contract awarded pursuant to this solicitation shall be by and between the successful bidder and the County, and shall contain and incorporate, but may not be limited to, all terms and conditions of the solicitation, any amendments or changes thereto. Submission of a bid in response to this solicitation evidences the Contractor's acceptance of the terms and conditions therein.

2. The provisions of the contract awarded pursuant to this solicitation shall be governed by the laws and regulations of Maryland and Cecil County.

3. Any litigation arising out of or relating in any way to the contract or the performance thereunder shall be brought only in the courts of Maryland, and the Contractor hereby irrevocably consents to such jurisdiction. To the extent that the County is a party to any litigation arising out of or relating in any way to the contract or the performance thereunder, such an action shall be brought only in a court of competent jurisdiction in the courts of the State of Maryland.

K. Severability

1. If any provisions in the contract are declared by a court or other lawful authority to be unenforceable or invalid for any reason the remaining provisions hereof shall not be affected thereby and shall remain enforceable to the full extent permitted by law.

L. Counterparts

1. The contract may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.

M. Survival

1. The provisions of Representations and Warranties, Damages, Indemnification, and HIPAA shall survive delivery of commodities and/or performance of services.

N. No Waiver, Etc.

1. No failure or delay by the County to insist upon the strict performance of any term, condition or covenant of the contract, or to exercise any right, power, or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, or covenant or of any such breach, or preclude the County from exercising any such right, power, or remedy at any later time or times.

O. Maryland Registration/Qualification Requirements

1. Cecil County verifies the company's status with SDAT and may require the successful bidder to submit a Good Standing Certificate (also known as a "Certificate of Status") issued by the Maryland Department of Assessment and Taxation's ("SDAT") Charter Division, and the State of Organization.

2. For information on registering to do business in the State of Maryland or to download SDAT related forms visit the Maryland Department of State Department of Assessments & Taxation at http://www.dat.state.maryland.gov/businesses/Pages/def ault.aspx. If you need additional assistance call (410) 767-1184.

3. Cecil County requires the successful bidder to be in "good standing" (also known as Certificate of Status) with the State in which it is organized, and in the State of Maryland, under certain circumstances. Cecil County verifies the successful bidder's status with SDAT.

Non compliance to this section may result in a delay in contract award or rejection of a bid.

http://www.dat.state.maryland.gov/businesses/Pages/def

4. All bidders must be in good standing with Cecil County, Maryland. Proposers must meet any outstanding taxes, fees, or accounts with Cecil County, Section § 45-2 of the Cecil County Code, 2022, as amended.

P. Warranty

1. Contractor warrants for one year from acceptance, or for such longer period otherwise expressly stated in the attached solicitation, all goods, services, and construction provided.

This includes a warranty against any and all defects. The contractor must correct any and all defects in material and/or workmanship that may appear during the warranty period, even if discovered after the end of the warranty period, by repairing any such defect, (or replacing with new items or new materials, if necessary), at no cost to the County and to the County's satisfaction.

2. Should a manufacturer's or service provider's warranty exceed the requirements stated above, that warranty will be the primary one used in the case of defect. Copies of manufacturer's or service provider's warranties must be provided upon request.

3. All warranties must be in effect from the date of acceptance by the County of the goods, services, or construction.

4. The contractor warrants that all work shall be accomplished in a workmanlike manner, and the contractor must observe and comply with all Federal, State, County and local laws, ordinances and regulations in providing the goods, and performing the services or construction.

Q. Requests for Proposals

1. In addition to aforementioned instructions, the following apply to Requests for Proposals

(RFP).

2. All RFP proposals submitted shall be valid for 180 days following the closing date noted, unless otherwise specified in the bid documents. This period may be extended by mutual written agreement between offerors and the County. Proposals may not be withdrawn during this period.

3. Modifications: The County may, at any time by written order, make changes within the general scope of a contract including, but not limited to, changes (1) in any designs or specifications; (2) in the method, quantity, or manner of performance of the work; (3) in any County furnished facilities, equipment, materials, services, or property; or (4) directing acceleration in the performance of the work. No change, modification or revision shall be binding upon the County, unless made in writing by its authorized representatives.

4. Subcontracting and Assignment: All sub- contracting arrangements require prior approval of the County. The Contractor shall not assign, transfer, convey, delegate, subcontract, or otherwise dispose of any award of any or all of its rights, title, or interest therein, without the prior written consent of the County, which shall not be unreasonably withheld.

5. Additional Reservations for RFP's

a. This RFP creates no obligation on the part of the County to compensate offerors for proposal preparation expenses. The County reserves the right to award a contract based upon proposals received without further negotiation and may do so; offerors should not rely upon the opportunity to alter their proposals during discussions.

b. The County reserves the right to waive minor irregularities, to negotiate in any manner necessary to best serve the public interest, and to make a whole award, multiple awards, a partial award, or no award. The County reserves the right to cancel this RFP, in whole or in part, any time before the closing date.

c. Confidentiality: Offerors must specifically identify any portions of their proposals deemed to contain confidential information, proprietary information or trade secrets.

Those portions must be readily separable from the balance of the proposal. Such designations will not be conclusive, and offerors may be required to justify why such material should not, upon written request, be disclosed by the County under the Public Information Act, General Provisions Article, Title 4, of the Annotated Code of Maryland, as amended. The County may disclose such information if required by law, court order or subpoena.

R. Local Preference (not eligible for Request for Proposal (RFP))

1. Section 92 of the Cecil County Code entitled “Local Preference” reads as follows:“Cecil County, Maryland reserves the right to show preference to local bidders in the purchase of supplies, equipment, and services. The amount shall not exceed 6% of the amount bid or quoted, and/or $60,000, whichever is less. A “local bidder” is defined as an individual or business who maintains a place of business or maintains an inventory of merchandise and/or equipment in Cecil County, is licensed by Cecil County and/or the State of Maryland, if required and is subject to Cecil County real and/or personal property taxes. Any local bidder in default on payment of any county or state tax or license shall not be eligible to receive preference until all taxes or licenses due are paid”.Bidders are cautioned to note the specific and several requirements that may qualify a bidder for local preference consideration. A bidder wishing to receive local preference consideration must be able to demonstrate qualification under all the noted requirements.No bidder should assume, regardless of whether the bidder qualifies under the definition of “Local Bidder,” that Cecil County, Maryland would grant preference on this contract to any bidder. Cecil County, Maryland reserves the right to do so under Section 92 of the Cecil County Code but is not bound to do so under any circumstance, regardless of precedent.Any bidder that wishes to be considered a “Local Bidder,” in the County’s award of the contract shall submit with the bid any and all documentation that proves that the bidder, identified by name in the submitted bid, meets the definition of “Local Bidder.” Neither County Executive nor the Procurement Officer shall be bound by any information or documentation provided by the bidder after opening of the bids. However, the County reserves all rights to investigate a bidder’s potential qualification as a “Local Bidder” and use any relevant information in its determination of a bidder’s qualification under the definition, regardless of when it is obtained.

S. Non-Resident Contractor Notification

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

Type of project

Site Address

Contractor’s Name and address

Date of the Contract

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

a. a bona fide office, other than a statutory office,

b. a factory,

c. a warehouse,

d. or any other space in this state, which a person is doing business in its own name in a regular and systematic matter and that is continuously maintained, occupied, and used by the person carrying on its business through its regular employees regularly in attendance.

T. Examination of Site and Data

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

U. Project Funding

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

V. Breaches and Dispute Resolution

1. Disputes– Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of Cecil County, Maryland. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Cecil County, Maryland. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Cecil County, Maryland shall be binding upon the Contractor and the Contractor shall abide be the decision.

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

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

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

W. Cooperative Purchase

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

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

X. Public Information Act (PIA)

1. Cecil County is subject to the Maryland Public Information Act and may be required to release bid submissions in accordance with the Act.Bidders may submit a REDACTED version of their bid submittal that shall be released for any Public Information Act request that the County receives in reference to this solicitation. Only the REDACTED version shall be released. Any Bidder not submitting a REDACTED version authorizes Cecil County to release their bid submittal as submitted and shall not hold the County or any employees liable for any information released.Any materials the Vendor deems to be proprietary or copyrighted must be marked as such; however, the material may still be subject to analysis under the Maryland Public Information Act.

5. Insurance Provisions

5.1. Insurance Provisions

CONTRACTOR agrees to maintain, on a primary basis and at its sole expense, at all times during the life of this contract the following insurance coverages, limits, including endorsements described herein. The requirements contained herein, as well as COUNTY’S review or acceptance of insurance maintained by CONTRACTOR is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by CONTRACTOR under this contract.

A. LOSS CONTROL AND SAFETY

CONTRACTOR shall retain control over its employees, agents, servants, and any subcontractors, as well as control over its invitees, and its activities on and about the subject premises, in the performance of all services and operations, and the manner in which such activities shall be undertaken and to that end, the COUNTY shall not be deemed to be an agent of the CONTRACTOR. CONTRACTOR shall make special effort to detect hazards and shall take prompt action where loss control/safety measures should reasonably be expected.

B. HOLD HARMLESS

CONTRACTOR shall indemnify and hold harmless the COUNTY, its elected and appointed officials, employees, and volunteers and others working on behalf of the COUNTY, from and against any and all liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney’s fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this contract. CONTRACTOR’s obligation shall not be limited by, or in any way to, any insurance coverage or by any provision in or exclusion or omission from any policy of insurance.

C. COMMERCIAL GENERAL LIABILITY

CONTRACTOR agrees to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence / $3,000,000 General Aggregate. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability.

D. BUSINESS AUTOMOBILE LIABILITY

CONTRACTOR agrees to maintain Business Automobile Liability, at a minimum limit not less than

$1,000,000 Per Occurrence providing coverage for damages against such third-party liability, remediation, and defense costs. Coverage shall include liability for Owned, Non-Owned & Hired automobiles. In the event the policy includes a self-insured retention or deductible in excess of $100,000 the county reserves the right, but not the obligation, to review CONTRACTOR’s most recent annual report or audited financial statements.

E. GARAGEKEEPERS LIABILITY

CONTRACTOR agrees to maintain Garage keeper’s Legal Liability at a limit not less than $100, 000 per occurrence against Comprehensive and Collision/Upset causes of loss. Should a per vehicle sublimit apply then the minimum sublimit shall not be less than $50,000 per vehicle. An “on-hook” coverage, or similar endorsement, shall be included in the event any COUNTY vehicles are towed, or on behalf of County, by CONTRACTOR. Any per vehicle or per occurrence deductible shall be the contractor’s responsibility. NOTE: A Garage Liability coverage form may satisfy the same requirement to maintain Commercial General Liability and Business Auto Liability insurance.

F. UMBRELLA OR EXCESS LIABILITY

CONTRACTOR shall satisfy the minimum liability limits required above for Commercial General Liability and Business Auto Liability under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability; however, the Annual Aggregate limit shall not be less than the highest “Each Occurrence” limit for the Commercial General Liability and Business Auto Liability. CONTRACTOR agrees to endorse COUNTY as an “Additional Insured” on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Umbrella or Excess Liability provides coverage on a pure “True Follow- Form” basis.

G. WORKER’S COMPENSATION INSURANCE & EMPLOYERS LIABILITY

CONTRACTOR agrees to maintain its own Worker’s Compensation & Employers Liability Insurance, not less than Statutory per Maryland Workers Compensation Law and Employers Liability Limits not less than $1,000.000. (NOTE: Elective exemptions or coverage through an employee leasing arrangement will NOT satisfy this requirement).

H. ADDITIONAL INSURED ENDORSEMENTS

CONTRACTOR agrees to endorse its insurance with the COUNTY as an Additional Insured as follows: (1) for the Commercial General Liability, the CONTRACTOR aggress to endorse the COUNTY with either a CG 2026 Additional Insured – Designated Person or Organization endorsement or CG 2010 Additional Insured – Owners, Lessees, or Contractors – Scheduled Person or Organization endorsement, or similar endorsements, (2) for the Business Auto Liability, the LESSEE agrees to endorse the COUNTY with a CA 2048 - Designated Insured, or similar endorsement, (3) for the Excess Liability, the CONTRACTOR agrees to endorse the COUNTY as an “Additional Insured” on the Umbrella or Excess Liability, unless the policy provides coverage to the underlying policies on a “True Following-Form” basis. The Additional Insured shall read “Cecil County, Maryland” for all endorsements.

I. WAIVER OF SUBROGATION

CONTRACTOR agrees by entering this contract to a Waiver of Subrogation for each required policy herein. When required by the insurer or should a policy condition not permit CONTRACTOR to enter into a pre-loss agreement to waive subrogation without an endorsement, then CONTRACTOR agrees to notify the insurer and request the policy be endorsed with a Waiver of Transfer of Rights of Recovery Against Others, or its equivalent. This Waiver of Subrogation requirement shall not apply to any policy, which includes a condition specifically prohibiting such an endorsement, or voids coverage should CONTRACTOR enter into such an agreement on a pre-loss basis.

J. Certificate(s) of Insurance

CONTRACTOR agrees to provide COUNTY a Certificate(s) of Insurance evidencing that all coverages, limits, deductibles, self-insured retentions, and endorsements required herein are maintained and in full force and effect. Said Certificate(s) of Insurance shall include a minimum thirty (30) day endeavor to notify due to cancellation or non-renewal of coverage.

The Certificate Holders should read:

Original to:

Cecil County, Maryland Procurement Office 200 Chesapeake Blvd.

Elkton, Maryland 21921

K. RIGHT TO REVISE OR REJECT

COUNTY reserves the right, but not the obligation, to revise any insurance requirement, not limited to limits, coverage, deductibles, self-insured retentions, or endorsements; or to reject any insurance policies which fail to meet the criteria stated herein. Additionally, COUNTY reserves the right, but not the obligation, to review or reject any insurer providing coverage due of its poof financial condition or failure to operate legally. In such events, COUNTY shall provide CONTRACTOR written notice of such revisions or rejections.

L. NO REPRESENTATION OF COVERAGE ADEQUACY

The coverages, endorsements and limits identified herein are being required to protect primarily the interests of the COUNTY, and the CONTRACTOR agrees in no way should the coverages, endorsements and limits herein be relied upon when assessing the extent or determining appropriate coverage to protect the CONTRACTOR against any loss exposures, whether as a result of this Agreement or otherwise.

M. INCIDENT/CLAIM REPORTING

CONTRACTOR agrees to report, as soon as reasonable, in writing to the COUNTY’S Director of Administration anytime an injury, or property damage, or an incident occurs arising out of or related to CONTRACTOR’s performance of this agreement, which might reasonably be expected to result in any claim under any of the coverages required herein.

CONTRACTOR agrees to cooperate with COUNTY in promptly releasing reasonable information periodically as to the disposition of any claims, including a history of incidents or claims experience related to the CONTRACTOR’s operations.

N. SPECIAL PROVISIONS FOR INSURANCE

1. CONTRACTOR shall forward to COUNTY’s, Purchasing Department a certificate(s) of insurance indicating the insurance and any special provisions required under the foregoing provisions. Such certificate(s) shall be in a form satisfactory to the COUNTY and shall list the various coverages and limits.