Active SLED Opportunity · MARYLAND · CHARLES COUNTY GOVERNMENT
AI Summary
Charles County Government seeks engineering firms to design and provide construction engineering services for upgrades to the Aerated Sludge Holding Tanks at the Mattawoman Wastewater Treatment Plant. The project aims to increase tank capacity for three days of storage at 20 MGD ADF, ensuring environmental compliance and readiness for growth. Proposals due July 13, 2026.
The Board of Commissioners for Charles County seeks qualified contractors to prepare contract drawings and specifications, obtain all applicable permits, and provide construction engineering services for the proposed upgrades of the Aerated Sludge Holding Tanks. This initiative is in direct response to the County’s need for their aerated sludge holding tanks to achieve three days of storage at 20 MGD ADF. The proposed improvements aim to achieve this goal ensuring the plant’s readiness for future growth and environmental compliance.
The Mattawoman Wastewater Treatment Plant (MWWTP) was constructed in the mid-1970s and currently serves the northern portion of Charles County and a southern portion of Prince George’s County. The MWWTP is rated for an average daily flow of 20 million gallons per day (MGD). The MWWTP is undergoing essential upgrades to its aerated sludge holding tanks. The tanks, originally constructed as aerobic digester tanks, currently function as aerated sludge holding tanks to provide flow equalization upstream of the dewatering facility rather than volatile solids reduction through aerobic digestion.
The existing Aerated Sludge Holding Tanks do not meet the County’s need for three days of storage capacity at 20 MGD ADF. This project aims to design upgrades for the Aerated Sludge Holding Tanks that will increase tank capacity to achieve this goal.
Bid/Proposal/Quote: Response submitted to this solicitation, and shall be synonymous with the term’s “offer”, “proposal”, “quote”, etc.
Bid Bond: The security to be furnished by the quoter/bidder/offeror as a guaranty of good faith to enter into a contract with the COUNTY for the proposed work if such work is awarded to them.
Bidder:/Offeror/Quoter The person or persons, partnership, firm, or corporation submitting a quote/bid/proposal for the work contemplated, and shall be synonymous with the terms “quoter”, “offeror”, etc.
Commissioners: The County Commissioners of Charles County.
County: The County Commissioners of Charles County, Maryland.
Contract: The written agreement executed by the County Commissioners of Charles County and the successful quoter/bidder/offeror, covering the performance of the work and the furnishing of materials required for this project/service. The contract shall include conventional contract or award letter, instructions to quoters/bidders or request for proposals, quote/bid/proposal, general provision, special provisions, addenda, or written instructions pertaining to the method and manner for performing the work, and quoters/bidders/offerors quote/bid/proposal.
Contingent Item: Any item listed on the plans or called for in the Special Provisions and included in the quote/bid/proposal merely for the purpose of obtaining a contract price in case it may be needed.
Contracting Officer: The Director of the Using Department and includes a duly appointed successor or authorized representative.
Contracting Authority: The County Commissioners of Charles County.
Contractor: The person or persons, partnership, firm, or corporation who enters into a contract awarded to them by the COUNTY.
Department: The authorized division or agency of Charles County Government responsible for the service or work for which the contract will be written.
Days: Calendar Days
Drawings: All drawings or reproductions there of pertaining to the work which are approved by the CONTRACTING OFFICER.
Extra Work: A written order to the CONTRACTOR and signed by the CONTRACTING OFFICER, ordering a change in or an addition to the work from that originally shown by the drawings and/or specifications.
General Provisions: All requirements and provisions contained in this document.
Owner: The entity holding title or having vested interest in the property and rights associated with the property.
Payment Bond: The approved form of security executed by the CONTRACTOR and their surety, guaranteeing payment of all labor, materials, supplies and rental of equipment reasonably required and used or consumed in the performance of the contract.
Performance Bond: The approved form of security executed by the CONTRACTOR and their surety, guaranteeing complete execution of the contract.
Special Provisions: Statements modifying or changing the requirements or provisions of the General Specifications or adding new requirements or provisions thereto.
Specifications: The General Provisions, Special Provisions, and all written or printed agreements and instructions pertaining to the performance of the work to be performed and/or the quantity and quality of the work/materials to be furnished under the contract.
The term COUNTY, as used herein, refers to the COUNTY COMMISSIONERS OF CHARLES COUNTY, MARYLAND, hereinafter called the COUNTY, represented by the CONTRACTING OFFICER, the Director of the Using Department, or their designated representative who is authorized to act for the COUNTY.
The County intends to award this solicitation on the basis of a combination of the evaluation of the Offerors’ experience and qualifications, as well as the proposed price (Sum of Base Items, Contingency Items and Allowance Items). Award will not be based upon cost alone, and this solicitation does not commit the County to award a contract or to award to that firm which has submitted the lowest fee. The evaluation criteria may include: the Offeror’s demonstration of their understanding of the work to be performed, past experience, technical ability, other resources, qualifications of personnel, results of reference checks, and record of similar work performed satisfactorily. In addition, the County reserves the right to accept any proposal either in part or in its entirety.
At any time, the County may request an offeror to provide additional items such as: additional information, clarification, references, interviews/presentations, and any other documentation needed to assist the County in the award selection process. Failure of an offeror to furnish requested information may constitute grounds for determining an offeror as non-responsive at the sole option of the County. Any contract awarded is contingent upon completion of the protest period.
The County reserves the right to reject any/all proposals, to waive irregularities and/or informalities in any proposal, and to make award in any manner, consistent with law, deemed in the best interest of the County.
Charles County Government is seeking proposals from qualified, multi-disciplined engineering firms to provide design services for the Mattawoman Wastewater Treatment Plant (MWWTP) Aerated Sludge Holding Tanks. The primary purpose of this solicitation is to prepare contract drawings and specifications, obtain all applicable permits, and provide construction engineering services for the proposed upgrades of the Aerated Sludge Holding Tanks.
This initiative is in direct response to the County’s need for their aerated sludge holding tanks to achieve three days of storage at 20 MGD ADF. The proposed improvements aim to achieve this goal ensuring the plant’s readiness for future growth and environmental compliance.
A recommended configuration of the Aerated Sludge Holding Tanks is attached herewith.
The original proposal shall be considered the items listed in this Section. All forms must be completed. signed, and submitted. Indicate "NA" on the form if it is "Not Applicable" and sign and date it. Original proposals which do not include all components or use the proper format may be considered non-responsive and therefore not reviewed or considered for award.
The County will review the proposal for minimum responsiveness criteria. Proposals that do not meet the minimum responsiveness criteria may be rejected as non-responsive, at the sole option of the County. Any deficiencies will be reviewed and determined by the Chief of Purchasing.
Bid: Response submitted to this solicitation, and shall be synonymous with the term’s “offer”, “proposal”, “quote”, etc.
Bid Bond: The security to be furnished by the quoter/bidder/offeror as a guaranty of good faith to enter into a contract with the COUNTY for the proposed work if such work is awarded to them.
Bidder: The person or persons, partnership, firm, or corporation submitting a quote/bid/proposal for the work contemplated, and shall be synonymous with the terms “quoter”, “offeror”, etc.
Commissioners: The County Commissioners of Charles County.
County: The County Commissioners of Charles County, Maryland.
Contract: The written agreement executed by the County Commissioners of Charles County and the successful quoter/bidder/offeror, covering the performance of the work and the furnishing of materials required for this project/service. The contract shall include conventional contract or award letter, instructions to quoters/bidders or request for proposals, quote/bid/proposal, general provision, special provisions, addenda, or written instructions pertaining to the method and manner for performing the work, and quoters/bidders/offerors quote/bid/proposal.
Contingent Item: Any item listed on the plans or called for in the Special Provisions and included in the quote/bid/proposal merely for the purpose of obtaining a contract price in case it may be needed.
Contracting Officer: The Director of the Using Department and includes a duly appointed successor or authorized representative.
Contracting Authority: The County Commissioners of Charles County.
Contractor: The person or persons, partnership, firm, or corporation who enters into a contract awarded to them by the COUNTY.
Department: The authorized division or agency of Charles County Government responsible for the service or work for which the contract will be written.
Days: Calendar Days
Drawings: All drawings or reproductions there of pertaining to the work which are approved by the CONTRACTING OFFICER.
Extra Work: A written order to the CONTRACTOR and signed by the CONTRACTING OFFICER, ordering a change in or an addition to the work from that originally shown by the drawings and/or specifications.
General Provisions: All requirements and provisions contained in this document.
Offeror: The person or persons, partnership, firm or corporation submitting a quote/bid/proposal for the work contemplated, and shall be synonymous with the terms “quoter”, “bidder”, etc.
Owner: The entity holding title or having vested interest in the property and rights associated with the property.
Payment Bond: The approved form of security executed by the CONTRACTOR and their surety, guaranteeing payment of all labor, materials, supplies and rental of equipment reasonably required and used or consumed in the performance of the contract.
Performance Bond: The approved form of security executed by the CONTRACTOR and their surety, guaranteeing complete execution of the contract.
Proposal: Response submitted to this solicitation, and shall be synonymous with the term’s “offer”, “bid”, “quote”, etc.
Quote: Response submitted to this solicitation, and shall be synonymous with the term’s “offer”, “proposal”, “bid”, etc.
Quoter: The person or persons, partnership, firm or corporation submitting a quote/bid/proposal for the work contemplated, and shall be synonymous with the term’s “offeror”, “bidder”, etc.
Special Provisions: Statements modifying or changing the requirements or provisions of the General Specifications or adding new requirements or provisions thereto.
Specifications: The General Provisions, Special Provisions, and all written or printed agreements and instructions pertaining to the performance of the work to be performed and/or the quantity and quality of the work/materials to be furnished under the contract.
1. The Contractor shall provide, at their expense with companies acceptable to the County, and pay premiums for the following insurance (only those selected are applicable):
| Applicable | Provision | Description |
| X | Commercial Automobile | Commercial automobile bodily injury and property damage insurance covering all vehicles whether owned, hired, or non-owned operated by/or on behalf of the Contractor in the performance of this contract with not less than the following units: i. Bodily Injury: $1,000,000 per person $2,000,000 per occurrence ii. Property Damage: $500,000 per occurrence |
| X | Worker’s Compensation | In compliance with Maryland Statutory Liability |
| X | Commercial General Liability | Minimum limits of: $1,000,000 (combined personal injury and/or property damage) per occurrence subject to $2,000,000 aggregate. |
| X | Employers Liability Insurance |
|
| Umbrella excess liability insurance or excess liability insurance | $5,000,000 each occurrence/ $5,000,000 aggregate | |
| X | Professional Liability | Professional liability insurance to include Errors & Omissions coverage with a limit of not less than $1,000,000 per occurrence subject to $2,000,000 aggregate. |
| Builder’s Risk Insurance | The Contractor shall purchase and maintain, in a company or companies, lawfully authorized to do business in the State of Maryland, property insurance written on a builders’ risk “all risk” or equivalent policy form in the amount of the initial contract sum, plus the value of subsequent contract modifications and cost of materials supplied or installed by others, comprising the total value for the entire project at the site on a replacement cost basis. Such property insurance shall be maintained, unless otherwise provided in the contract documents, until final completion and acceptance by the County. This insurance shall list the County Commissioners of Charles County as the Name of Insured on such builder’s risk policy. This insurance shall be on an “all risk” or equivalent policy form and shall include, without limitation, insurance against the perils of fire and physical loss or damage including, without duplication of coverage, property in transit, property stored on or off site, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary building and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation of Architect’s and Contractor’s services and expenses required as a result of such insured loss. | |
| Pollution Liability | Minimum limits of $1,000,000.00 per occurrence and $2,000.000.00 annual aggregate. | |
| Marine Liability | Minimum limits of $1,000,000.00 per occurrence and $2,000.000.00 annual aggregate. | |
| Environmental Insurance | Includes pollution and use of chemicals in an amount not less than $2,000,000 per occurrence and $3,000,000 annual aggregate. | |
| Cyber Insurance | Minimum limits of $1,000,000.00 per occurrence and $2,000.000.00 annual aggregate. | |
| Installation Floater | The Contractor shall purchase and maintain, in a company or companies, lawfully authorized to do business in the State of Maryland, installation floater insurance for the installation of machinery and/or equipment into an existing structure, written on an “all risk”, replacement cost and completed value form basis in the amount of the initial contract sum, plus the value of subsequent contract modifications and cost of materials supplied or installed by others, comprising the total value for the entire project at the site. Such property insurance shall be maintained, unless otherwise provided in the contract documents, until after final completion and 10 days after acceptance by the County. This insurance shall list the County Commissioners of Charles County as the Name of Insured/loss payee on such installation floater policy. This insurance shall be on an “all risk” or equivalent policy form and shall include, without limitation, insurance coverage to protect the interest of the County, Contractor, subcontractor(s), architects and engineers including property in transit, property stored on or off site which shall be part of the project. The policy shall insure all work, labor and materials furnished by the Contractor and the Contractor’s subcontractors against loss occasioned by fire, lighting, windstorm, theft, vandalism, malicious mischief, collapse, earthquake, flood. Policy shall include coverage for debris removal and reasonable compensation of Architect’s and Contractor’s services and expenses required as a result of such insured loss. |
2. Each such policy shall be from an insurance company licensed to do business in the State of Maryland and which has a policyholder’s rating of A or better and a financial size of X or larger from Best’s Key Rating Guide.
3. The Contractor shall provide the County with Certificates of Insurance and supported by endorsement evidencing the coverage required by this solicitation prior to award of a contract. All Certificates shall reference the solicitation name and number and have an ending date that covers the entire contract term or extension period. The following certificates shall name “The County Commissioners of Charles County” (or other name as directed by the County) as an additional named insured:
4. If the insurance obtained requires deductibles, the Contractor shall pay all costs not covered because of such deductibles. Providing insurance as required herein does not relieve the Contractor of any responsibility or obligations ensuing as a result of the contract award, or for which the Contractor may be liable by law or otherwise. Proof of Insurance will be required and must be submitted prior to final execution of the Contract by Charles County Government. The Contractor shall be solely responsible for all work performed by subcontractors related to any contract awarded as a result of this solicitation, including but not limited to errors, omissions, and neglect.
5. The providing of any insurance required herein does not relieve the successful Bidder of any of the responsibilities or obligations assumed by the Bidder in the Contract awarded or for which the Bidder may be liable by law or otherwise.
6. Failure to provide and continue in force such insurance as required above shall be deemed a material breach of the Contract and shall operate as an immediate termination thereof.
Charles County Government is accepting electronic proposal submissions. Offerors shall create a FREE account with OpenGov Procurement by signing up at https://procurement.opengov.com/signup. Once you have completed account registration, click on "Draft Response" and follow the instructions to submit the electronic proposal via the County's eProcurement Portal.
Proposals shall be submitted by the date and time specified. Late proposals will not be accepted. Submission, modification, or withdrawal of proposals after the due date/time will not be considered.
It is the Offerors’ sole responsibility to ensure that proposals are delivered via County's eProcurement Portal. Offerors shall give yourself adequate time to submit a response. Any technical difficulties or uncertainty with the submittal process will not be cause for accepting a response that was not submitted timely. The County is only accepting electronic submittals. Delivery methods by courier, in-person hand delivered, United States Postal Service, United Parcel Service or Federal Express, and other methods of delivery shall not be accepted. Any proposals not received timely will not be considered.
Proposals shall be valid and irrevocable for a minimum of one hundred twenty (120) days from the due date. An Offeror may submit only (1) proposal in response to this RFP. Offerors shall monitor the County's eProcurement Portal for schedule changes issued via addendum.
SUBMIT SEPARATE FROM THE ORIGINAL PROPOSAL PACKAGE
Requirements for the Technical Proposal Content are listed below. Cost information shall not be included in the Technical Proposal. At a minimum, each technical proposal shall include the following items in the stated order; all pages shall be numbered; and all the listed components must be included. Do not provide references to other section/tabs, documents or websites for the information required; information should be specifically included in the RFP response. Technical proposals which do not include all components or use the proper format may be considered non-responsive and therefore not reviewed or considered for award.
Bid: Response submitted to this solicitation, and shall be synonymous with the term’s “offer”, “proposal”, “quote”, etc.
Bid Bond: The security to be furnished by the quoter/bidder/offeror as a guaranty of good faith to enter into a contract with the COUNTY for the proposed work if such work is awarded to them.
Bidder: The person or persons, partnership, firm or corporation submitting a quote/bid/proposal for the work contemplated, and shall be synonymous with the terms “quoter”, “offeror”, etc.
Commissioners: The County Commissioners of Charles County.
County: The County Commissioners of Charles County, Maryland.
Contract: The written agreement executed by the County Commissioners of Charles County and the successful quoter/bidder/offeror, covering the performance of the work and the furnishing of materials required in the construction of the project. The contract shall include conventional contract or award letter instructions to quoters/bidders or request for proposals, quote/bid/proposal, general provisions, special provisions, addenda, drawings, performance bond, extra work orders and any other written instructions pertaining to the method and manner of performing the work.
Contingent Item: Any item listed on the plans or called for in the Special Provisions and included in the quote/bid/proposal merely for the purpose of obtaining a contract price in case it may be needed.
Contracting Officer: The Director of the Using Department and includes a duly appointed successor or authorized representative.
Contracting Authority: The County Commissioners of Charles County.
Contractor: The person or persons, partnership, firm or corporation who enters into a contract awarded to them by the COUNTY.
Department: The authorized division or agency of Charles County Government responsible for the service or work for which the contract will be written.
Days: Calendar Days
Drawings: All drawings or reproductions there of pertaining to the construction of the work which are approved by the CONTRACTING OFFICER.
Extra Work: A written order to the CONTRACTOR and signed by the CONTRACTING OFFICER, ordering a change in or an addition to the work from that originally shown by the drawings and specifications.
General Provisions: All requirements and provisions contained in this document.
Offeror: The person or persons, partnership, firm or corporation submitting a quote/bid/proposal for the work contemplated, and shall be synonymous with the terms “quoter”, “bidder”, etc.
Owner: The entity holding title or having vested interest in the property and rights associated with the property.
Payment Bond: The approved form of security executed by the CONTRACTOR and their surety, guaranteeing payment of all labor, materials, supplies and rental of equipment reasonably required and used or consumed in the performance of the contract.
Performance Bond: The approved form of security executed by the CONTRACTOR and their surety, guaranteeing complete execution of the contract.
Proposal: Response submitted to this solicitation, and shall be synonymous with the terms “offer”, “bid”, “quote”, etc.
Quote: Response submitted to this solicitation, and shall be synonymous with the terms “offer”, “proposal”, “bid”, etc.
Quoter: The person or persons, partnership, firm or corporation submitting a quote/bid/proposal for the work contemplated, and shall be synonymous with the terms “offeror”, “bidder”, etc.
Special Provisions: Statements modifying or changing the requirements or provisions of the General Specifications or adding new requirements or provisions thereto.
Specifications: The General Provisions, Special Provisions, and all written or printed agreements and instructions pertaining to the performance of the work to be performed and/or the quantity and quality of the work/materials to be furnished under the contract.
This encompasses the total cost for developing design, permitted, and bid-ready documents for the Aerated Sludge Holding Tanks Improvements Project, in accordance with Section 8.4: Design Submissions. A lump sum (LS) payment will be made to the design consultant providing services associated with this bid item. Progress payments will be based on percent complete, and the County may request additional documentation (status report, payroll records, schedule updates, deliverables, test results, etc.) as deemed necessary.
The Contractor shall protect, hold free and harmless, defend and indemnify Charles County, including its officers, agents, and employees from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees, resulting from injury to, or death of, any person or damage to property of any kind, which injury, death or damage arises out of, or is any way connected with the performance of the work under this contract. This agreement shall apply to any acts or omissions, negligent conduct, whether active or passive, including acts or omissions of contractor’s agents or employees; except that this agreement shall not be applicable to injury, death or damage to the property arising from the sole negligence of Charles County, its officers, agents, and employees.
3.2.1 Offerors proposals shall be submitted on Standard Form 330 (SF330 template available on-line). Offerors shall demonstrate the following:
A. Design of a minimum of five (5) relevant projects over the past ten (10) years of which a minimum of one (1) completed detailed design project of Aerated Sludge Holding Tanks of similar capacity.
The representative project descriptions shall include:
Experience of subcontractors may not be used as experience of the prime. The total construction cost for each project must be greater than $10 Million.
Offerors shall include a summary that demonstrates the Offeror’s understanding of the requirements of this RFP as well as a summary that demonstrates the Offeror’s ability to carry out the requirements as described within the Special Provisions of this solicitation. Submission of names constitutes a commitment to use these individuals if the Offeror is selected, and changes may be made only with the prior written consent of the County.
3.2.2 Required Staff Positions
The Offeror must ensure that the following key staff positions, integral to the project's success, are filled by individuals currently employed by the Offeror's firm. The Offeror should identify and provide detailed resumes for each of the professionals who meet minimum requirements identified, filling these roles:
Principal
Description: This position shall cover services provided by an individual with the following minimum qualifications as they relate to water and wastewater engineering:
This individual will be qualified to oversee all aspects of assigned projects, including but not limited to:
Evidence of this individual's valid Professional Engineer registration in the State of Maryland shall be included in the proposal.
Project Manager
Description: This position shall cover services provided by an individual with the following minimum qualifications as they relate to water and wastewater engineering:
This individual will manage and coordinate all aspects of assigned projects through to completion, including but not limited to:
Evidence of this individual's valid Professional Engineer's registration in the State of Maryland shall be included in the proposal.
Architect
Description: This position shall cover services provided by an individual with the following minimum qualifications as they relate to water and wastewater engineering:
This individual will assist the Project Manager in completing assigned projects, including but not limited to:
Evidence of this individual's valid Professional Architect's registration in the State of Maryland shall be included in the proposal.
Senior Design Engineer
Description: This position shall cover services provided by an individual with the following minimum qualifications as they relate to water and wastewater engineering:
This individual will assist the Project Manager in completing assigned projects, including but not limited to:
Core Capabilities: The Senior Design Engineer must demonstrate expertise in the following areas relevant to water and wastewater projects:
Design Engineer
Description: This position shall cover services provided by an individual with the following minimum qualifications as they relate to water and wastewater engineering:
This individual will assist the Senior Design Engineer in completing assigned projects, including but not limited to:
Process Engineer
Description: This position provides services by an individual meeting the following minimum qualifications related to Wastewater Treatment Plant design:
The process engineer will be expected to work closely with the County’s technical and operations staff to assist in optimizing plant performance, including but not limited to:
3.2.3 Resume Submission
Offerors must submit detailed resumes for all key staff, outlining roles, qualifications, education, relevant experiences, and certifications. These resumes should highlight contributions to past projects to demonstrate expertise and impact. Contact information is required for verification purposes. Offerors must ensure their team's skills align with the Aerated Sludge Holding Tank Improvements Project's needs, as evaluating these submissions is essential in determining the Offeror's ability to execute the project successfully and emphasizing the importance of a well-qualified team to meet project objectives.
3.2.4. Qualified Signature
The Consultant assures that the members of their firm who initiate and sign correspondence and attend meetings with County officials and its’ representatives are technically qualified to perform these duties. It is expected that all work submitted by the Consultant will be reviewed by a responsible Professional Engineer employed by the Consultant who is able to speak or act on behalf of and make decisions for the engineer. According to State of Maryland regulations, the Professional Engineer shall sign and seal all submittal documents, plans, and cost estimates.
Proposal evaluation will include, but is not limited to, the following:
| Item # | Evaluation Criteria Description | Points |
| 1 | Project Understanding | 15 |
| 2 | Experience of key staff and project team proposed | 30 |
| 3 | Firm experience, representative projects, and depth | 15 |
| 4 | Price | 40 |
| 5 | Total | 100 |
Offerors’ proposals will be evaluated by an evaluation committee who will evaluate and score the proposals in accordance with the criteria specified above. The County reserves the right to conduct the evaluation in any manner considered in the best interest of the County. The County may utilize any information obtained as a result of reference checks, proposal clarification or additional information requests, offeror negotiations or any other means deemed necessary at the sole discretion of the County to identify the proposal that best meets the County’s needs.
The Mattawoman Wastewater Treatment Plant (MWWTP) was constructed in the mid-1970s and currently serves the northern portion of Charles County and a southern portion of Prince George’s County. The MWWTP is rated for an average daily flow of 20 million gallons per day (MGD). The MWWTP is undergoing essential upgrades to its aerated sludge holding tanks. The tanks, originally constructed as aerobic digester tanks, currently function as aerated sludge holding tanks to provide flow equalization upstream of the dewatering facility rather than volatile solids reduction through aerobic digestion.
The existing Aerated Sludge Holding Tanks do not meet the County’s need for three days of storage capacity at 20 MGD ADF. This project aims to design upgrades for the Aerated Sludge Holding Tanks that will increase tank capacity to achieve this goal.
The Contractor selected shall complete the scope of work and all requirements contained herein within four hundred twenty (420) consecutive calendar days after the start date specified in a written Notice to Proceed issued by Charles County Government, as established by the County and the Contractor, plus any contract time extensions approved by the County to complete all work to a point of substantial completion as deemed by the County.
Proposal pricing shall be submitted on the Cost Proposal Form. All cost columns of the table shall be fully completed to be able to submit a proposal response. All pricing shall be rounded to the nearest whole cent (e.g. $.01). There shall be no hidden costs. Prices shall include all profit, overhead, equipment, transportation cost, etc. An Offeror may only submit one (1) Cost Proposal Form in response to this solicitation. Each item on the form shall contain only one value. “Or Equal” items, if applicable, shall be noted on the Cost Proposal Form.
The Contractor shall protect, hold free and harmless, defend and indemnify Charles County, including its officers, agents, and employees from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees, resulting from injury to, or death of, any person or damage to property of any kind, which injury, death or damage arises out of, or is any way connected with the performance of the work under this contract. This agreement shall apply to any acts or omissions, negligent conduct, whether active or passive, including acts or omissions of contractor’s agents or employees; except that this agreement shall not be applicable to injury, death or damage to the property arising from the sole negligence of Charles County, its officers, agents, and employees.
The Contractor shall protect, hold free and harmless, defend and indemnify Charles County, including its officers, agents, and employees from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees, resulting from injury to, or death of, any person or damage to property of any kind, which injury, death or damage arises out of, or is any way connected with the performance of the work under this contract. This agreement shall apply to any acts or omissions, negligent conduct, whether active or passive, including acts or omissions of contractor’s agents or employees; except that this agreement shall not be applicable to injury, death or damage to the property arising from the sole negligence of Charles County, its officers, agents, and employees.
The Contractor shall protect, hold free and harmless, defend and indemnify Charles County, including its officers, agents, and employees from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney’s fees, resulting from injury to, or death of, any person or damage to property of any kind, which injury, death or damage arises out of, or is any way connected with the performance of the work under this contract. This agreement shall apply to any acts or omissions, negligent conduct, whether active or passive, including acts or omissions of contractor’s agents or employees; except that this agreement shall not be applicable to injury, death or damage to the property arising from the sole negligence of Charles County, its officers, agents, and employees.
This form shall be completed in legible ink or typewritten and signed.
By submitting a proposal in response to this RFP, the Offeror certifies their acceptance of all terms and conditions set forth within this document, which will be made a part of the final contract documentation. All work, if any, shown on the contract drawings, specifications, and reports referenced in the RFP or any Appendices is made part of this solicitation package.
This Contract shall be governed by and construed only in accordance with the laws of the State of Maryland.
Unit prices under the resulting Contract shall remain firm through the base term. Thereafter, pricing shall be adjusted at the beginning of each succeeding year and/or Contract renewal period at the written request of the Contractor to the Chief of Purchasing. Pricing shall be adjusted by the percentage change in the Consumer Price Index (CPI) from the previous year. For purposes of this agreement, the CPI is defined as the Consumer Price Index for All Urban Consumers, All Items, as published by the United States Department of Labor, Bureau of Labor Statistics. For purposes of adjustment, the CPI used for each subsequent year of the Contract shall be the last published percentage change in the CPI (for the previous 12 months) either on, or prior to, the anniversary date of the Contract. Price adjustments shall take effect upon written approval by the County.
This Contract shall be governed by and construed only in accordance with the laws of the State of Maryland.
This Contract shall be governed by and construed only in accordance with the laws of the State of Maryland.
This represents the estimated Not-To-Exceed (NTE) cost for services provided during the Bid Phase for the Aerated Sludge Holding Tanks Improvements Project, per Section 8.5: Bid Phase Services. The County will make payment to the Consultant based on actual hours incurred based upon the rates specified in the Ancillary Services Form.
This Contract shall be governed by and construed only in accordance with the laws of the State of Maryland.
Identify and demonstrate any techniques that would improve project cost, schedule, or scope.
The primary objective of this project is to increase aerated sludge holding tank capacity so as to provide three days of storage capacity at 20 MGD ADF. To achieve this the Consultant is to perform all work necessary to render a complete, approved, and permitted design inclusive of plans and specifications for the construction of the Aerated Sludge Holding Tank Improvements.
This denotes the estimated Not-To-Exceed (NTE) cost for services provided by the design consultant during the construction phase, as described in Section 8.6: Construction Phase Services. Payment will be made to the design consultant providing services associated with this bid item based on an hourly basis provided in the Ancillary Support Services form.
A. The CONSULTANT shall be responsible for the professional quality, technical accuracy and the coordination of all designs, drawings, specifications, and other services furnished by the CONSULTANT under this contract. The CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in their design, drawings, specifications, and other services.
B. Neither the COUNTY'S review, approval or acceptance of, nor payment for, any of the services required under this contract shall be construed to operate as a waiver of any rights under this contract or of any cause of action arising out of the performance of this contract, and the CONSULTANT shall be and remain liable to the COUNTY in accordance with applicable law for all damages to the COUNTY caused by the CONSULTANT'S negligent performance of any of the services furnished under this contract.
C. The rights and remedies of the COUNTY provided for under this contract are in addition to any other rights and remedies provided by law.
The County intends to award a contract to one firm. The contract entered into with the successful offeror shall meet all standard provisions required by the County.
The County intends to contract with a single firm and not with multiple firms doing business as a joint venture. Where two or more Offerors desire to submit a single proposal in response to this RFP, they should do so on a prime-subcontractor basis rather than as a joint venture.
The firm awarded the contract resulting from this solicitation shall be responsible for paying all Maryland sales tax, and any other applicable taxes, on items purchased by the Contractor in the pursuit of this contract. The County tax exempt status cannot be transferred to the Contractor.
The firm awarded the contract resulting from this solicitation shall be responsible for paying all Maryland sales tax, and any other applicable taxes, on items purchased by the Contractor in the pursuit of this contract. The County tax exempt status cannot be transferred to the Contractor.
The Offeror shall provide an organization chart both graphically and in narrative format, that provides a description of the Offeror’s proposed organizational structure for this project. The organizational chart shall depict the relationship of its key personnel roles to that of the Principal-in-Charge and other key members of the management team. The Offeror shall provide a description of how this organizational structure will facilitate project design and management, and how an efficient flow of information will be realized. The organizational chart shall provide the names and certification of the proposed staff for each position on the chart. Subcontracted firms/personnel shall be clearly identified on the organizational chart.
The firm awarded the contract resulting from this solicitation shall be responsible for paying all Maryland sales tax, and any other applicable taxes, on items purchased by the Contractor in the pursuit of this contract. The County tax exempt status cannot be transferred to the Contractor.
The County is not liable for any costs incurred by the Offeror prior to full execution of the contract.
The Design Consultant shall prepare and forward a copy in pdf format for each set of drawings of the design submission package to the County Project Manager. In addition, the Design Consultant shall prepare and submit the requisite plans and submission materials as necessary to all other relevant permitting/approval agencies until approval is obtained from those agencies.
8.4.1 - 30% Design Phase
The 30% Design Phase aims to establish the foundational framework for the project, ensuring a thorough understanding of existing conditions, project requirements, and initial design concepts that includes, but is not limited to the following:
8.4.2 - 60% Design Phase
The 60% Design Phase focuses on refining the preliminary designs, incorporating feedback, and developing more detailed plans and specifications that includes, but is not limited to the following:
8.4.3 - 90% Design Phase
The 90% Design Phase aims to finalize the design details established in the 60% design phase, complete all engineering analyses, and prepare the project for bidding that includes, but is not limited to the following:
A. Final Design Development:
8.4.14 - 100% Design Phase
The 100% Design Phase culminates in preparing bid-ready documents, ensuring the project is fully designed, permitted, and ready for construction.
Offerors’ proposals will be evaluated by an evaluation committee who will evaluate and score the proposals in accordance with the criteria specified above. The County reserves the right to conduct the evaluation in any manner considered in the best interest of the County. The County may utilize any information obtained as a result of reference checks, proposal clarification or additional information requests, offeror negotiations or any other means deemed necessary at the sole discretion of the County to identify the proposal that best meets the County’s needs.
The Design consultant shall:
The CONTRACTOR shall keep on the work site a copy of the drawings and specifications and shall at all times give the CONTRACTING OFFICER access thereto. Anything mentioned in the specifications and not shown on the drawings or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the matter shall be promptly submitted to the CONTRACTING OFFICER, who shall promptly make a determination in writing. Any adjustment by the CONTRACTOR without such a determination shall be at its own risk and expense. The CONTRACTING OFFICER shall furnish from time to time such detailed drawings and other information as they may consider necessary, unless otherwise provided.
This item provides a contingency amount to cover unforeseen design-related services or modifications that may arise during the project directly related to the work under this solicitation. This contingency allows for flexibility in addressing additional design requirements or adjustments to meet project needs. The design consultant shall submit a fee proposal using the hourly rates provided on the Ancillary Support Services form for the work to the County for approval. The proposed amount shall cover all costs associated with the work outlined in the fee proposal, including project management, overhead, and any other related expenses. Work shall only be performed after written prior approval of the County.
A. The CONTRACTING OFFICER may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the work within the general scope of the contract, including but not limited to changes:
(1) In the specifications (including drawings and design);
(2) In the method or manner of performance of the work;
(3) In the COUNTY furnished facilities, equipment, materials, services, or site; or
(4) Directing acceleration in the performance of the work.
Any other written order or an oral order (which terms as used in this paragraph (B.) shall include direction, instruction, interpretation, or determination) from the CONTRACTING OFFICER, which causes any such change, shall be treated as a change order under this article, provided that the CONTRACTOR gives the CONTRACTING OFFICER written notice stating the date, circumstances, and source of the order and that the CONTRACTOR regards the order as a change order.
B. Except as herein provided, no order, statement, or conduct of the CONTRACTING OFFICER shall be treated as a change under this article or entitle the CONTRACTOR to an equitable adjustment hereunder.
C. If any change under this article causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly; provided, however, that except for claims based on defective specifications, no claim for any change under paragraph (B.) above shall be allowed for any costs incurred more than twenty (20) days before the CONTRACTOR gives written notice as therein required; and provided further, that in the case of defective specifications for which the COUNTY is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the CONTRACTOR in attempting to comply with such defective specifications.
D. If the CONTRACTOR intends to assert a claim for an equitable adjustment under this article, they must, within thirty (30) days after receipt of a written change order under paragraph (A.) above or the furnishing of a written notice under paragraph (B.) above, submit to the CONTRACTING OFFICER a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the COUNTY. The statement of claim hereunder may be included in the notice under paragraph (B.) above.
E. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.
The successful Offeror to whom the Contract shall have been awarded shall receive a Notice of Intent to Award letter from the Chief of Purchasing notifying them that their proposal has been accepted. The effective date of the award is seven (7) consecutive calendar days after the date specified on the Notice of Intent to Award letter, unless notified otherwise in writing by the County. The contract documents will consist of the Notice of Intent to Award letter, the Solicitation, the Offeror’s Proposal Submission Package, and any addenda or other modifications to the solicitation. The Offeror shall furnish the County with all documentation requirements within fourteen (14) calendar days from the date stated on the Notice of Intent to Award letter, which may include, but is not limited to performance bonds and/or payment bonds, insurance certificates, equipment inspections, licenses, etc., as specified herein.
A. The CONTRACTING OFFICER may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the work within the general scope of the contract, including but not limited to changes:
(1) In the specifications (including drawings and design);
(2) In the method or manner of performance of the work;
(3) In the COUNTY furnished facilities, equipment, materials, services, or site; or
(4) Directing acceleration in the performance of the work.
Any other written order or an oral order (which terms as used in this paragraph (B.) shall include direction, instruction, interpretation, or determination) from the CONTRACTING OFFICER, which causes any such change, shall be treated as a change order under this article, provided that the CONTRACTOR gives the CONTRACTING OFFICER written notice stating the date, circumstances, and source of the order and that the CONTRACTOR regards the order as a change order.
B. Except as herein provided, no order, statement, or conduct of the CONTRACTING OFFICER shall be treated as a change under this article or entitle the CONTRACTOR to an equitable adjustment hereunder.
C. If any change under this article causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly; provided, however, that except for claims based on defective specifications, no claim for any change under paragraph (B.) above shall be allowed for any costs incurred more than twenty (20) days before the CONTRACTOR gives written notice as therein required; and provided further, that in the case of defective specifications for which the COUNTY is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the CONTRACTOR in attempting to comply with such defective specifications.
D. If the CONTRACTOR intends to assert a claim for an equitable adjustment under this article, they must, within thirty (30) days after receipt of a written change order under paragraph (A.) above or the furnishing of a written notice under paragraph (B.) above, submit to the CONTRACTING OFFICER a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the COUNTY. The statement of claim hereunder may be included in the notice under paragraph (B.) above.
E. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.
A. The COUNTY may, at any time, by written order, make changes within the general scope of the contract in the services to be performed. If such changes cause an increase or decrease in the CONSULTANT'S cost of, or time required for, performance of any services under this contract, whether or not changed by any order, an equitable adjustment shall be made, and the contract shall be modified in writing accordingly. Any claim of the CONSULTANT for adjustment under this Article must be asserted in writing within thirty (30) days from the date of receipt by the CONSULTANT of the notification of change unless the COUNTY grants a further period of time before the date of final payment under this contract.
B. The CONSULTANT shall provide no services for which an additional cost or fee will be charged without prior written authorization by the COUNTY.
C. Additional Costs:
The cost of any change ordered in writing by the CONTRACTING OFFICER which results in an increase in the contract price will be determined by one or the other of the following methods, at the election of the CONTRACTING OFFICER.
(1) On the basis of a stated lump sum price, or other consideration fixed and agreed upon by negotiation between the CONTRACTING OFFICER and the CONSULTANT in advance, or if this procedure is impractical because of the nature of the work or for any reason,
(2) On the basis of the actual necessary cost as determined by the CONTRACTING OFFICER, plus a fixed fee to cover general supervisory and office expense and profit. The fixed fee shall not exceed fifteen percent (15%) of the actual necessary costs. The actual necessary cost will include all reasonable expenditures for material, labor, and supplies furnished by the CONSULTANT and a reasonable allowance for the use of their plant and equipment where required but will in no case include any allowance for general superintendent, office expense, or other general expense not directly attributable to the extra work. In addition to the foregoing, the following will be allowed: the actual payment by the CONSULTANT for workmen's compensation and public liability insurance; performance and payment bonds (if any); and all unemployment and other social security contributions (if any) made by the CONSULTANT pursuant to Federal or State statutes, when such additional payments are necessitated by such extra work. An appropriate extension of the working time, if such be necessary, also will be fixed and agreed upon, and stated in the written order.
D. Reduced Costs:
The cost of any change ordered in writing by the CONTRACTING OFFICER which results in a decrease in the contract price will be determined in a manner conformable with paragraph C.2 under Additional Costs.
Offeror shall be required to complete and submit the County provided Experience Form. A qualified Offeror must have requisite experience for the work as described in the Special Provisions and must be actively engaged as a legal entity in this field for a period of no less than ten (10) years at the due date for quote/bid/proposal. Offerors shall demonstrate their experience on the Experience Form. Offerors shall provide no less than five (5) projects completed within the past ten (10) years of equal or greater magnitude, as deemed acceptable by the County at its sole discretion, as specified in Item A below. All blank spaces of the form shall be fully completed in legible ink or typewritten.
Experience shall be that of the prime contractor unless otherwise specified. Experience of subcontractors may not be used as experience of the prime. The County shall accept experience of subcontractor only in those areas specified otherwise, if applicable.
As applicable: On-going service contracts for the services specified may be considered a “Completed” project if the base term of the contract has been fully completed, purchase orders issued and tasks fully completed during the contract term, and the contract renewed by the issuing agency. Each Offeror is solely responsible for providing any and/or all information/documents demonstrating completion and/or requested by the County in order to confirm the validity of references provided.
A minimum of five (5) completed representative projects that demonstrate the Offeror's experience in all of the following areas:
Modifications of or additions to the Cost Proposal Form or any other County form may be cause for rejection of the proposal, however, the County reserves the right to decide, on a case by case basis, in its sole discretion, whether or not to reject such a proposal as nonresponsive. As a precondition to proposal acceptance, the County may, in its sole discretion, request that the Offeror withdraw or modify any such modifications or additions which do not affect quality, quantity, price, or delivery.
A. Additional Costs:
The cost of any change ordered in writing by the CONTRACTING OFFICER which results in an increase in the contract price will be determined by one or the other of the following methods, at the election of the CONTRACTING OFFICER.
(1) On the basis of a stated lump sum price, or other consideration fixed and agreed upon by negotiation between the CONTRACTING OFFICER and the CONTRACTOR in advance, or if this procedure is impractical because of the nature of the work or for any reason,
(2) On the basis of the actual necessary cost as determined by the CONTRACTING OFFICER, plus a fixed fee to cover general supervisory and office expense and profit. The fixed fee shall not exceed fifteen percent (15%) of the actual necessary costs. The actual necessary cost will include all reasonable expenditures for material, labor, and supplies furnished by the CONTRACTOR and a reasonable allowance for the use of their plant and equipment where required but will in no case include any allowance for general superintendent, office expense, or other general expense not directly attributable to the extra work. In addition to the foregoing, the following will be allowed: the actual payment by the CONTRACTOR for workmen's compensation and public liability insurance; performance and payment bonds (if any); and all unemployment and other social security contributions (if any) made by the CONTRACTOR pursuant to Federal or State statutes, when such additional payments are necessitated by such extra work. An appropriate extension of the working time, if such be necessary, also will be fixed and agreed upon, and stated in the written order.
B. Reduced Costs:
The cost of any change ordered in writing by the CONTRACTING OFFICER which results in a decrease in the contract price will be determined in a manner conformable with paragraph A.2 under Additional Costs.
All work under this project shall be in accordance with the contract documents. The Contract documents for this project includes, but is not necessarily limited to, this solicitation package, project plans and specifications as shown in RFP and other referenced ordinances, manuals and specifications. Contract Documents shall also include:
The Contract Documents are intended to permit the parties to complete the work and all obligations required by the Contract Documents within the specified time(s) for the proposal price. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the County will make a determination on which item of discrepancy shall take precedence. Within listed documents or group of documents, the later dated shall have precedence over the earlier requirements, and specific requirements shall have precedence over the general requirements.
A. Additional Costs:
The cost of any change ordered in writing by the CONTRACTING OFFICER which results in an increase in the contract price will be determined by one or the other of the following methods, at the election of the CONTRACTING OFFICER.
(1) On the basis of a stated lump sum price, or other consideration fixed and agreed upon by negotiation between the CONTRACTING OFFICER and the CONTRACTOR in advance, or if this procedure is impractical because of the nature of the work or for any reason,
(2) On the basis of the actual necessary cost as determined by the CONTRACTING OFFICER, plus a fixed fee to cover general supervisory and office expense and profit. The fixed fee shall not exceed fifteen percent (15%) of the actual necessary costs. The actual necessary cost will include all reasonable expenditures for material, labor, and supplies furnished by the CONTRACTOR and a reasonable allowance for the use of their plant and equipment where required but will in no case include any allowance for general superintendent, office expense, or other general expense not directly attributable to the extra work. In addition to the foregoing, the following will be allowed: the actual payment by the CONTRACTOR for workmen's compensation and public liability insurance; performance and payment bonds (if any); and all unemployment and other social security contributions (if any) made by the CONTRACTOR pursuant to Federal or State statutes, when such additional payments are necessitated by such extra work. An appropriate extension of the working time, if such be necessary, also will be fixed and agreed upon, and stated in the written order.
B. Reduced Costs:
The cost of any change ordered in writing by the CONTRACTING OFFICER which results in a decrease in the contract price will be determined in a manner conformable with paragraph A.2 under Additional Costs.
Offerors must bid only one (1) product and one (1) price per proposal item even though they feel they can offer more than one item that will meet the specifications. Offeror must determine for themselves which to offer. If an Offeror submits more than one (1) product and/or more than one (1) price for a given proposal item or items, it may be cause for the proposal items or items being bid upon to be considered non-responsive and rejected.
A. The CONTRACTING OFFICER may, at any time, without notice to the sureties, by written order designated or indicated to be a change order, make any change in the work within the general scope of the contract, including but not limited to changes:
(1) In the specifications (including drawings and design);
(2) In the method or manner of performance of the work;
(3) In the COUNTY furnished facilities, equipment, materials, services, or site; or
(4) Directing acceleration in the performance of the work.
Any other written order or an oral order (which terms as used in this paragraph (B.) shall include direction, instruction, interpretation, or determination) from the CONTRACTING OFFICER, which causes any such change, shall be treated as a change order under this article, provided that the CONTRACTOR gives the CONTRACTING OFFICER written notice stating the date, circumstances, and source of the order and that the CONTRACTOR regards the order as a change order.
B. Except as herein provided, no order, statement, or conduct of the CONTRACTING OFFICER shall be treated as a change under this article or entitle the CONTRACTOR to an equitable adjustment hereunder.
C. If any change under this article causes an increase or decrease in the CONTRACTOR'S cost of, or the time required for, the performance of any part of the work under this contract, whether or not changed by any order, an equitable adjustment shall be made and the contract modified in writing accordingly; provided, however, that except for claims based on defective specifications, no claim for any change under paragraph (B.) above shall be allowed for any costs incurred more than twenty (20) days before the CONTRACTOR gives written notice as therein required; and provided further, that in the case of defective specifications for which the COUNTY is responsible, the equitable adjustment shall include any increased cost reasonably incurred by the CONTRACTOR in attempting to comply with such defective specifications.
D. If the CONTRACTOR intends to assert a claim for an equitable adjustment under this article, they must, within thirty (30) days after receipt of a written change order under paragraph (A.) above or the furnishing of a written notice under paragraph (B.) above, submit to the CONTRACTING OFFICER a written statement setting forth the general nature and monetary extent of such claim, unless this period is extended by the COUNTY. The statement of claim hereunder may be included in the notice under paragraph (B.) above.
E. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.
A. The COUNTY may, by written notice to the CONSULTANT, terminate this contract in whole or in part at any time, either for the COUNTY'S convenience or because of the failure of the CONSULTANT to fulfill their obligations under this contract.
Upon receipt of such notice, the CONSULTANT shall:
(l) Immediately discontinue all services affected (unless the notice directs otherwise), and
(2) Deliver to the COUNTY the originals of all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONSULTANT in performing under this contract, whether completed or in process.
B. If the termination is for the convenience of the COUNTY, an equitable adjustment in the contract price shall be made but no amount shall be allowed for anticipated profit on unperformed services.
C. If the termination is due to the failure of the CONSULTANT to fulfill their obligations under this contract, the COUNTY may take over the work and prosecute the same to completion by contract or otherwise. In such case, the CONSULTANT shall be liable to the COUNTY for any additional cost occasioned to the COUNTY.
D. If, after notice of termination for failure to fulfill obligations, it is determined that the CONSULTANT had not so failed, the termination shall be deemed to have been affected for the convenience of the COUNTY. In such event, adjustment in the contract price shall be made as provided in Paragraph B of this Article.
E. The rights and remedies of the COUNTY provided in this Article are in addition to any other rights and remedies provided by law or under this contract.
Offeror shall be required to complete and submit the County provided Reference Form. A qualified Offeror must have requisite experience for the work as described in the Special Provisions and must be actively engaged as a legal entity in this field for a period of no less than number (#) years at the due date for quote/bid/proposal. Offerors shall demonstrate their experience on the Reference Form. Offerors shall provide no less than number (#) projects completed within the past number (#) years of equal or greater magnitude, as deemed acceptable by the County at its sole discretion, as specified in Item A below. All blank spaces of the form shall be fully completed in legible ink or typewritten.
Experience shall be that of the prime contractor unless otherwise specified. Experience of subcontractors may not be used as experience of the prime. The County shall accept experience of subcontractor only in those areas specified otherwise, if applicable.
As applicable: On-going service contracts for the services specified may be considered a “Completed” project if the base term of the contract has been fully completed, purchase orders issued and tasks fully completed during the contract term, and the contract renewed by the issuing agency. Each Offeror is solely responsible for providing any and/or all information/documents demonstrating completion and/or requested by the County in order to confirm the validity of references provided.
The design consultant shall:
This item covers the cost of the Allowance Item for Test Pit(s), including all expenses for verifying the location and elevation of existing utilities used in the design. Before commencing the work, the design consultant shall submit a fee proposal for the required Test pit work to the County for approval. The proposed amount shall cover all costs associated with the work outlined in the fee proposal, including project management, overhead, and any other related expenses.
A. The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the CONTRACTING OFFICER in writing of:
(1) Subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or
(2) Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract.
The CONTRACTING OFFICER shall promptly investigate the condition(s), and if they find that such conditions do materially differ and cause an increase or decrease in the CONTRACTOR'S cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly.
B. No claim of the CONTRACTOR under this article shall be allowed unless the CONTRACTOR has given the notice required in paragraph (A.) above; provided, however, the time prescribed therefore may be extended by the County.
C. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.
The Design Consultant shall apply for and obtain all permits and approvals, as required, by coordinating with all permitting agencies, authorities, boards, commissions, districts, departments, etc. that are necessary to permit and/or approve construction documents for the construction of this project. Permits and approvals shall include but not be limited to:
There will be no separate payment for Permits and Approvals services. Costs associated with these services shall be included in the costs for the applicable Base Items submitted on the Cost Proposal Form.
Permitting fees will be paid directly by the County.
If an Offeror who has been selected for award and offered a contract refuses or fails to execute the contract and/or fully comply with all requirements of this solicitation within fourteen (14) consecutive calendar days after receipt of formal notice of intent to award or an alternate date specified by the Chief of Purchasing, the Offeror may be considered to have defaulted with respect to execution of the contract, and to have abandoned all rights and interests in the contract. In such instance the bid security, if any, may be declared forfeited to the County without further notice to the Offeror. In the event of such default, award may then be made to another Offeror determined to be in the best interest of the County, or the solicitation may be cancelled and/or re-advertised for proposals as deemed if deemed in the best interests of the County.
A Contractor, who has executed a contract with the County, may be considered to have defaulted in the performance of the Contract, by: failure to comply with the requirements of the contract, sub-standard performance, failing to complete the contract, and/or by other significant errors and omissions as determined by the Project Manager and the Chief of Purchasing. In such instance, the Contractor’s performance and/or payments bonds, if any, may be exercised, and the Contract terminated and awarded to another Offeror if determined to be in the best interest of the County.
An Offeror/Contractor, who has defaulted as discussed above, may be declared by the Chief of Purchasing to be ineligible to bid on future County solicitations for a period of up to two (2) years from the date the County determined the Offeror/Contractor to have defaulted. This determination by the Chief of Purchasing shall be final, and not subject to appeal.
A. The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the CONTRACTING OFFICER in writing of:
(1) Subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or
(2) Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract.
The CONTRACTING OFFICER shall promptly investigate the condition(s), and if they find that such conditions do materially differ and cause an increase or decrease in the CONTRACTOR'S cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly.
B. No claim of the CONTRACTOR under this article shall be allowed unless the CONTRACTOR has given the notice required in paragraph (A.) above; provided, however, the time prescribed therefore may be extended by the County.
C. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.
This form shall be completed in legible ink or typewritten and signed. Proposals submitted without a MWBE compliance form may be rejected as non-responsive by the County.
Offerors can contact the Economic Development Department by email at mwbe@meetcharlescounty.com for questions related to the County's MWBE program.
Identification of an item by manufacturer’s name, trade name, catalog number, or reference is intended to be description but not restrictive in that it is used for the purpose of describing the type, style, quality, performance and minimum specifications of the product desired, and shall not be interpreted to mean the only acceptable product. Proposals on other makes and/or models will be considered provided in the Cost Proposal Form what is being proposed and forwards with the proposal complete descriptive literature indicating the character of the article being offered and addressing all specifications of this solicitation.
The County reserves the right to accept or reject, in its sole discretion, items offered as an “equal”.
A. Additional Costs:
The cost of any change ordered in writing by the CONTRACTING OFFICER which results in an increase in the contract price will be determined by one or the other of the following methods, at the election of the CONTRACTING OFFICER.
(1) On the basis of a stated lump sum price, or other consideration fixed and agreed upon by negotiation between the CONTRACTING OFFICER and the CONTRACTOR in advance, or if this procedure is impractical because of the nature of the work or for any reason,
(2) On the basis of the actual necessary cost as determined by the CONTRACTING OFFICER, plus a fixed fee to cover general supervisory and office expense and profit. The fixed fee shall not exceed fifteen percent (15%) of the actual necessary costs. The actual necessary cost will include all reasonable expenditures for material, labor, and supplies furnished by the CONTRACTOR and a reasonable allowance for the use of their plant and equipment where required but will in no case include any allowance for general superintendent, office expense, or other general expense not directly attributable to the extra work. In addition to the foregoing, the following will be allowed: the actual payment by the CONTRACTOR for workmen's compensation and public liability insurance; performance and payment bonds (if any); and all unemployment and other social security contributions (if any) made by the CONTRACTOR pursuant to Federal or State statutes, when such additional payments are necessitated by such extra work. An appropriate extension of the working time, if such be necessary, also will be fixed and agreed upon, and stated in the written order.
B. Reduced Costs:
The cost of any change ordered in writing by the CONTRACTING OFFICER which results in a decrease in the contract price will be determined in a manner conformable with paragraph A.2 under Additional Costs.
This item covers the cost of Allowance Item for Topographic Survey. Before commencing the work, the design consultant shall submit a fee proposal for the required Topographic Survey work to the County for approval. The proposed amount shall cover all costs associated with the work outlined in the fee proposal, including project management, overhead, and any other related expenses.
A. Except as otherwise provided in this contract, any dispute concerning a question of fact arising hereunder which is not disposed of by agreement shall be decided by the COUNTY, who shall reduce their decision to writing and mail or otherwise furnish a copy thereof to the CONSULTANT. The decision of the COUNTY shall be final and conclusive unless, within 30 days from the date of receipt of such copy, the CONSULTANT executes and furnishes a written appeal to the COUNTY COMMISSIONERS OF CHARLES COUNTY. The decision of the COUNTY COMMISSIONERS for the determination of such appeals shall be final and conclusive.
B. The provision shall not be pleaded in any suit involving a question of fact arising under this contract as limiting judicial review of any such decision to cases where fraud by such official or their representative is alleged; provided, however, that any such decision shall be final and conclusive unless the same is fraudulent or capricious or arbitrary or so grossly erroneous as necessarily to imply bad faith or is not supported by substantial evidence. In connection with any appeal proceeding under this Article, the CONSULTANT shall be afforded an opportunity to be heard and to offer evidence in support of their appeal. Pending final decision of a dispute hereunder, the CONSULTANT shall proceed diligently with the performance of the contract and in accordance with the COUNTY'S decision.
C. This Disputes Article does not preclude consideration of questions of law in connection with decision provided in paragraph (A) above. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative on a question of law.
A. The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the CONTRACTING OFFICER in writing of:
(1) Subsurface or latent physical conditions at the site differing materially from those indicated in this contract, or
(2) Unknown physical conditions at the site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inhering in work of the character provided for in this contract.
The CONTRACTING OFFICER shall promptly investigate the condition(s), and if they find that such conditions do materially differ and cause an increase or decrease in the CONTRACTOR'S cost of, or the time required for, performance of any part of the work under this contract, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the contract modified in writing accordingly.
B. No claim of the CONTRACTOR under this article shall be allowed unless the CONTRACTOR has given the notice required in paragraph (A.) above; provided, however, the time prescribed therefore may be extended by the County.
C. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowed if asserted after final payment under this contract.
A. The COUNTY may, by written notice to the CONTRACTOR, terminate this contract in whole or in part at any time, either for the COUNTY'S convenience or because of the failure of the CONTRACTOR to fulfill their obligations under this contract.
Upon receipt of such notice, the CONTRACTOR shall:
i. Immediately discontinue any part or all services as directed by the County’s authorized representative, and
ii. Deliver to the COUNTY the originals of all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing under this contract, whether completed or in process.
B. If the termination is for the convenience of the COUNTY, an equitable adjustment in the contract price shall be made but no amount shall be allowed for anticipated profit on unperformed services.
C. If the termination is due to the failure of the CONTRACTOR to fulfill their obligations under this contract, the COUNTY may take over the work and prosecute the same to completion by contract or otherwise. In such case, the CONTRACTOR shall be liable to the COUNTY for any additional cost occasioned to the COUNTY.
D. If, after notice of termination for failure to fulfill obligations, it is determined that the CONTRACTOR had not so failed, the termination shall be deemed to have been affected for the convenience of the COUNTY. In such event, adjustment in the contract price shall be made as provided in Paragraph B of this clause.
E. The rights and remedies of the COUNTY provided in this clause are in addition to any other rights and remedies provided by law or under this contract.
A. The COUNTY may, by written notice to the CONTRACTOR, terminate this contract in whole or in part at any time, either for the COUNTY'S convenience or because of the failure of the CONTRACTOR to fulfill their obligations under this contract.
Upon receipt of such notice, the CONTRACTOR shall:
i. Immediately discontinue any part or all services as directed by the County’s authorized representative, and
ii. Deliver to the COUNTY the originals of all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing under this contract, whether completed or in process.
B. If the termination is for the convenience of the COUNTY, an equitable adjustment in the contract price shall be made but no amount shall be allowed for anticipated profit on unperformed services.
C. If the termination is due to the failure of the CONTRACTOR to fulfill their obligations under this contract, the COUNTY may take over the work and prosecute the same to completion by contract or otherwise. In such case, the CONTRACTOR shall be liable to the COUNTY for any additional cost occasioned to the COUNTY.
D. If, after notice of termination for failure to fulfill obligations, it is determined that the CONTRACTOR had not so failed, the termination shall be deemed to have been affected for the convenience of the COUNTY. In such event, adjustment in the contract price shall be made as provided in Paragraph B of this clause.
E. The rights and remedies of the COUNTY provided in this clause are in addition to any other rights and remedies provided by law or under this contract.
Prior to submitting a proposal, each Offeror shall make all investigations and examinations necessary to ascertain all conditions and requirements affecting the full performance of the contract and to verify any representations made by the County that the Offeror will rely upon. No pleas of ignorance of such conditions and requirements resulting from failure to make such investigations and examinations will relieve the successful Offeror from its obligation to comply in every detail with all provisions and requirements of the contract documents or will be accepted as a basis for any claim whatsoever for any monetary consideration on the part of the successful Offeror.
Charles County Government has established a Small Local Business Enterprise (SLBE) Program, which registered Charles County SLBE firms responding to this solicitation may receive a preference in accordance with the provisions of the Program that may apply to a formal solicitation resulting in an award of less than $500,000.00. This solicitation is exempt from the SLBE Program.
In an effort to keep the project progressing at an efficient rate, and to facilitate the County providing prompt direction to the consultant, the Consultant shall be prepared to meet with the County on a monthly basis and with other agencies as required during the design/approval process. Meetings shall be required until final design approval has been obtained. At a minimum, the Design Consultant shall expect to attend the meetings as contained in this section and as described below.
8.8.1. Design Kick-Off Meeting
Prior to start of work on the design and within 7 days after the Notice to-Proceed date, the Design Consultant shall coordinate with the County to schedule a virtual “kick-off” meeting via Microsoft Teams. The Design Consultant shall provide the County with a draft agenda along with a preliminary design schedule for review at least 48 hours in advance of the meeting. The Design Consultant shall be responsible for recording the attendance, taking meeting notes, and distributing the notes to all attendees within seven (7) days following the meeting.
8.8.2. Design Progress Meetings
The Design Consultant shall coordinate and chair monthly progress meetings. The progress meetings will alternate between Microsoft Team calls and meetings at the Charles County Government Building or as otherwise scheduled. Twenty-four (24) hours prior to progress meetings the consultant shall provide the County with a draft agenda and, if necessary, an updated schedule for review. The Design Consultant shall be responsible for recording the attendance, taking meeting notes, and distributing the notes to all attendees within seven (7) days following the meeting.
8.8.3. Design Review Meetings
Design Review and Constructability Review Meetings with the County and Owner’s representatives shall be held to review each design submittal package, i.e., 30%, 60%, 90%, 100%, and Bid Documents. The Consultant shall take notes and provide a written account of the meeting, including a point-by-point response to all comments received from the County and Owner’s Representatives, within seven (7) consecutive calendar days following the meeting.
All designs, drawings, specifications, notes, computations, and other work developed in the performance of this contract shall be and remain the sole property of the COUNTY and may be used on any other work without additional compensation to the CONSULTANT. With respect thereto, the CONSULTANT agrees not to assert any rights and not to establish any claim under the design patent or copyright laws. The CONSULTANT, for a period of three (3) years after final payment under this contract, agrees to furnish and provide access to all retained materials on the request of the COUNTY. Unless otherwise provided in this contract, the CONSULTANT shall have the right to retain copies of all such materials beyond such period.
In the event that the COUNTY uses any of the above-mentioned materials for purposes other than those covered under this contract or other than for which it was provided, the CONSULTANT shall not be held liable for any personal or property damage arising from such use.
This form shall be completed in legible ink or typewritten and signed. “NA” shall be noted on the form if it is Not Applicable.
A. If the CONTRACTOR refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will insure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work within such time, the COUNTY may, by written notice to the CONTRACTOR, terminate their right to proceed with the work or such part of the work as to which there has been delay. In such event, the COUNTY may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of and utilize in completing the work such materials, appliances, and plant as may be on site of the work and necessary, therefore. Whether or not the CONTRACTOR'S right to proceed with the work is terminated, they and their sureties shall be liable for any damage to the COUNTY resulting from this refusal or failure to complete the work within the specified time.
B. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY so terminates the CONTRACTOR'S right to proceed, the resulting damage will consist of such liquidated damages until such reasonable time as may be required for final completion and acceptance of the work together with any increased costs occasioned the COUNTY in completing the work.
C. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY does not so terminate the CONTRACTOR'S right to proceed, the resulting damage will consist of such liquidated damages until the work is completed and accepted.
D. The CONTRACTOR'S right to proceed shall not be so terminated nor the CONTRACTOR charged with resulting damage if:
(1) The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to, acts of God, acts of the COUNTY in its contractual capacity, acts of another Contractor in the performance of a contract with the COUNTY, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or supplies arising from unforeseeable causes beyond the control and without the fault or negligence of both the CONTRACTOR and such subcontractors or suppliers; and
(2) The CONTRACTOR, within ten (10) days from the beginning of any such delay (unless the CONTRACTING OFFICER grants a further period of time before the date of final payment under the contract), notifies the CONTRACTING OFFICER in writing of the causes of delay.
The CONTRACTING OFFICER shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in their judgment, the findings of fact justify such an extension, and their findings of fact shall be final and conclusive on the parties, subject only to appeal as provided in the article of these General Provisions entitled Disputes.
E. If, after notice of termination of the CONTRACTOR'S right to proceed under the provisions of this article, it is determined for any reason that the CONTRACTOR was not in default under the provisions of this article, or that the delay was excusable under the provisions of this article, the rights and obligations of the parties shall, if the contract contains an article providing for termination for convenience of the COUNTY, be the same as if the notice of termination had been issued pursuant to such article. If, in the foregoing circumstances, this contract does not contain an article providing for termination for convenience of the COUNTY, the contract shall be equitably adjusted to compensate for such termination and the contract modified; accordingly, failure to agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of the article of these General Provisions entitled Disputes.
F. In the event the construction of this project is interrupted, halted or discontinued by the order of a Court of competent jurisdiction or the order of a supervening appropriate government authority over which the COUNTY has no control, then in that event, it is the intention of these specifications that the COUNTY'S liability shall be limited only to the actual value of the work already performed and materials already purchased, with no allowance permitted for loss of profits that would have ultimately accrued to the CONTRACTOR had the CONTRACTOR completed the contract.
G. The rights and remedies of the COUNTY provided in this article are in addition to any other rights and remedies provided by law or under this contract.
H. As used in Paragraph (D.1.) of this article, the term subcontractors or suppliers means subcontractors or suppliers at any tier.
A. The CONSULTANT shall maintain books, records, documents, and other evidence and accounting procedures and practices, sufficient to reflect properly all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred for the performance of this contract. The foregoing constitutes "records" for the purposes of this Article.
B. The CONSULTANT'S office, or such part thereof as may be engaged in the performance of this contract, and their records shall be subject at all reasonable times to inspection and audit by the COUNTY or their authorized representative(s). In addition, the COUNTY, or their authorized representative(s), shall, until the expiration of three (3) years from the date of final payment under this contract, or of the time periods for the particular records specified, have the right to examine those books, records, documents, papers, and other supporting data which involve transactions related to this contract along with the computations and projections used therein.
C. The CONSULTANT shall include in each subcontract, a provision that includes paragraphs A and B of this Article, binding each subcontractor to the requirements outlined in the above-mentioned paragraphs.
All travel required to be performed in connections with the services including all meetings with County or any Government or Quasi-Government agencies, departments, hearings, discussions, explanations to be rendered under this contract shall be included in the fee and be at no additional expense to the County, unless authorized in writing by County prior to travel.
The Purchasing Representative identified in the Introduction section is the SOLE POINT OF CONTACT at Charles County Government for this procurement. All communication between Offerors and Charles County Government shall be with the Purchasing Representative until a fully executed contract is delivered to the Contractor. Offerors or any of their authorized representatives may not initiate contact with Charles County Government or County Consultants other than the Contact identified on the Introduction section, for any reason during the bidding process or prior to full contact execution. Any communication outside this process may result in disqualification.
The County shall perform periodic performance evaluations, at the County’s discretion, on all work performed by the Contractor under this Contract. The Contractor shall have the opportunity to review performance evaluations upon request. Performance evaluations shall be maintained in the County’s contract files.
Unless otherwise stated elsewhere the Contractor shall be responsible for securing all required third party testing and inspections as well as all associated cost.
A. If the CONTRACTOR refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will insure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work within such time, the COUNTY may, by written notice to the CONTRACTOR, terminate their right to proceed with the work or such part of the work as to which there has been delay. In such event, the COUNTY may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of and utilize in completing the work such materials, appliances, and plant as may be on site of the work and necessary, therefore. Whether or not the CONTRACTOR'S right to proceed with the work is terminated, they and their sureties shall be liable for any damage to the COUNTY resulting from this refusal or failure to complete the work within the specified time.
B. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY so terminates the CONTRACTOR'S right to proceed, the resulting damage will consist of such liquidated damages until such reasonable time as may be required for final completion and acceptance of the work together with any increased costs occasioned the COUNTY in completing the work.
C. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY does not so terminate the CONTRACTOR'S right to proceed, the resulting damage will consist of such liquidated damages until the work is completed and accepted.
D. The CONTRACTOR'S right to proceed shall not be so terminated nor the CONTRACTOR charged with resulting damage if:
(1) The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to, acts of God, acts of the COUNTY in its contractual capacity, acts of another Contractor in the performance of a contract with the COUNTY, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or supplies arising from unforeseeable causes beyond the control and without the fault or negligence of both the CONTRACTOR and such subcontractors or suppliers; and
(2) The CONTRACTOR, within ten (10) days from the beginning of any such delay (unless the CONTRACTING OFFICER grants a further period of time before the date of final payment under the contract), notifies the CONTRACTING OFFICER in writing of the causes of delay.
The CONTRACTING OFFICER shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in their judgment, the findings of fact justify such an extension, and their findings of fact shall be final and conclusive on the parties, subject only to appeal as provided in the article of these General Provisions entitled Disputes.
E. If, after notice of termination of the CONTRACTOR'S right to proceed under the provisions of this article, it is determined for any reason that the CONTRACTOR was not in default under the provisions of this article, or that the delay was excusable under the provisions of this article, the rights and obligations of the parties shall, if the contract contains an article providing for termination for convenience of the COUNTY, be the same as if the notice of termination had been issued pursuant to such article. If, in the foregoing circumstances, this contract does not contain an article providing for termination for convenience of the COUNTY, the contract shall be equitably adjusted to compensate for such termination and the contract modified; accordingly, failure to agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of the article of these General Provisions entitled Disputes.
F. In the event the construction of this project is interrupted, halted or discontinued by the order of a Court of competent jurisdiction or the order of a supervening appropriate government authority over which the COUNTY has no control, then in that event, it is the intention of these specifications that the COUNTY'S liability shall be limited only to the actual value of the work already performed and materials already purchased, with no allowance permitted for loss of profits that would have ultimately accrued to the CONTRACTOR had the CONTRACTOR completed the contract.
G. The rights and remedies of the COUNTY provided in this article are in addition to any other rights and remedies provided by law or under this contract.
H. As used in Paragraph (D.1.) of this article, the term subcontractors or suppliers means subcontractors or suppliers at any tier.
All inquiries/questions concerning technical or bidding information shall be directed via OpenGov Procurement Question & Answer feature prior to the due date and time specified in the Introduction section . In the event an Offeror has multiple questions, each question must be submitted individually. Please include the section number and title for each question, if applicable. All questions submitted and answers provided will be electronically distributed to offerors following this solicitation on the County's eProcurement Portal. The County will not provide responses to questions submitted after the due date and time specified in the Introduction section. The person submitting the request will be responsible for its prompt delivery. Questions and answers are provided for informational purposes only and are not part of any resulting contract from this solicitation.
The Contractor shall not sublet any portion of this contract or assign or transfer any interest in this contract without receiving prior written approval from the County, Chief of Purchasing.
(A) Time is of the essence - The design consultant shall obtain all permits and submit the completed and approved biddable contract construction documents to the County as stipulated in the Contract included herein. All work shall be completed, approved, and permitted within 420 consecutive calendar days from the date of issuance of the Notice-to-Proceed.
(B) Notice-to-Proceed - The design consultant shall proceed with furnishing the services as described promptly upon receiving the Notice to Proceed.
This form shall be completed in legible ink or typewritten, signed, and notarized.
A. The COUNTY will pay the contract price, less all costs for overtime superintendence and inspection, as herein-after provided.
B. The COUNTY will make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the CONTRACTING OFFICER, on estimates approved by the CONTRACTING OFFICER. Progress payments will be due and payable thirty (30) calendar days after the COUNTY receives an acceptable invoice. If requested by the CONTRACTING OFFICER, the CONTRACTOR shall furnish a breakdown of the total contract price showing the amount included therein for each principal category of the work, in such detail as requested, to provide a basis for determining progress payments. In the preparation of estimates, the CONTRACTING OFFICER, at their discretion, may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the CONTRACTOR at locations other than the site may also be taken into consideration (1) if such consideration is specifically authorized by the contract and (2) if the CONTRACTOR furnishes satisfactory evidence that they have acquired title to such material and that it will be utilized on the work covered by this contract. Such payments shall be conditioned upon submission by the CONTRACTOR of bills of sale or such other procedures satisfactory to the COUNTY to establish the COUNTY'S title to such materials or equipment or otherwise protect the COUNTY'S interest, including applicable insurance and transportation to the site.
C. All material and work covered by progress payments made shall thereupon become the sole property of the COUNTY, but this provision shall not be construed as relieving the CONTRACTOR from sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work, or as waiving the right of the COUNTY to require the fulfillment of all of the terms of the contract.
The CONSULTANT warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon a contract or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the CONSULTANT for the purpose of securing business. For breach or violation of this warranty, the COUNTY shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
A. The COUNTY will pay the contract price, less all costs for overtime superintendence and inspection, as herein-after provided.
B. The COUNTY will make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the CONTRACTING OFFICER, on estimates approved by the CONTRACTING OFFICER. Progress payments will be due and payable thirty (30) calendar days after the COUNTY receives an acceptable invoice. If requested by the CONTRACTING OFFICER, the CONTRACTOR shall furnish a breakdown of the total contract price showing the amount included therein for each principal category of the work, in such detail as requested, to provide a basis for determining progress payments. In the preparation of estimates, the CONTRACTING OFFICER, at their discretion, may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the CONTRACTOR at locations other than the site may also be taken into consideration (1) if such consideration is specifically authorized by the contract and (2) if the CONTRACTOR furnishes satisfactory evidence that they have acquired title to such material and that it will be utilized on the work covered by this contract. Such payments shall be conditioned upon submission by the CONTRACTOR of bills of sale or such other procedures satisfactory to the COUNTY to establish the COUNTY'S title to such materials or equipment or otherwise protect the COUNTY'S interest, including applicable insurance and transportation to the site.
C. All material and work covered by progress payments made shall thereupon become the sole property of the COUNTY, but this provision shall not be construed as relieving the CONTRACTOR from sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work, or as waiving the right of the COUNTY to require the fulfillment of all of the terms of the contract.
A. The COUNTY may, by written notice to the CONTRACTOR, terminate this contract in whole or in part at any time, either for the COUNTY'S convenience or because of the failure of the CONTRACTOR to fulfill their obligations under this contract.
Upon receipt of such notice, the CONTRACTOR shall:
i. Immediately discontinue any part or all services as directed by the County’s authorized representative, and
ii. Deliver to the COUNTY the originals of all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing under this contract, whether completed or in process.
B. If the termination is for the convenience of the COUNTY, an equitable adjustment in the contract price shall be made but no amount shall be allowed for anticipated profit on unperformed services.
C. If the termination is due to the failure of the CONTRACTOR to fulfill their obligations under this contract, the COUNTY may take over the work and prosecute the same to completion by contract or otherwise. In such case, the CONTRACTOR shall be liable to the COUNTY for any additional cost occasioned to the COUNTY.
D. If, after notice of termination for failure to fulfill obligations, it is determined that the CONTRACTOR had not so failed, the termination shall be deemed to have been affected for the convenience of the COUNTY. In such event, adjustment in the contract price shall be made as provided in Paragraph B of this clause.
E. The rights and remedies of the COUNTY provided in this clause are in addition to any other rights and remedies provided by law or under this contract.
All work under this contract shall be performed in a skillful and workmanlike manner. The CONTRACTING OFFICER may, in writing require the CONTRACTOR to remove from the work any employee the CONTRACTING OFFICER deems incompetent, careless, or otherwise objectionable.
All work under this contract shall be performed in a skillful and workmanlike manner. The CONTRACTING OFFICER may, in writing require the CONTRACTOR to remove from the work any employee the CONTRACTING OFFICER deems incompetent, careless, or otherwise objectionable.
In the event that it becomes necessary to revise any part of this solicitation, or if additional information is necessary to enable the Offeror to make an adequate interpretation of the provisions of this solicitation, a supplement to the solicitation will be issued. The Offeror shall acknowledge in their proposal, the receipt of all addenda, supplements, amendments, or changes to the solicitation that were issued by the County. Oral statements made by County personnel shall not bind the County in any manner whatsoever and cannot be used to protest or otherwise challenge any aspect of this solicitation or subsequent agreement.
Any interpretation, correction, changes to the solicitation will be made only by addendum duly issued and will be posted on the County’s eProcurement Portal found at www.CharlesCountyMD.gov. Any and all addenda issued prior to the proposal due date/time shall become a part of the contract documents and shall be covered in the Offeror’s proposal prices, unless an alternate schedule is presented by addendum. It is the responsibility of the Offeror to check the County's eProcurement Portal as frequently as necessary to obtain all updates and addenda to the solicitation.
A. If the CONTRACTOR refuses or fails to prosecute the work, or any separable part thereof, with such diligence as will insure its completion within the time specified in this contract, or any extension thereof, or fails to complete said work within such time, the COUNTY may, by written notice to the CONTRACTOR, terminate their right to proceed with the work or such part of the work as to which there has been delay. In such event, the COUNTY may take over the work and prosecute the same to completion, by contract or otherwise, and may take possession of and utilize in completing the work such materials, appliances, and plant as may be on site of the work and necessary, therefore. Whether or not the CONTRACTOR'S right to proceed with the work is terminated, they and their sureties shall be liable for any damage to the COUNTY resulting from this refusal or failure to complete the work within the specified time.
B. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY so terminates the CONTRACTOR'S right to proceed, the resulting damage will consist of such liquidated damages until such reasonable time as may be required for final completion and acceptance of the work together with any increased costs occasioned the COUNTY in completing the work.
C. If fixed and agreed liquidated damages are provided in the contract and if the COUNTY does not so terminate the CONTRACTOR'S right to proceed, the resulting damage will consist of such liquidated damages until the work is completed and accepted.
D. The CONTRACTOR'S right to proceed shall not be so terminated nor the CONTRACTOR charged with resulting damage if:
(1) The delay in the completion of the work arises from unforeseeable causes beyond the control and without the fault or negligence of the CONTRACTOR, including but not restricted to, acts of God, acts of the COUNTY in its contractual capacity, acts of another Contractor in the performance of a contract with the COUNTY, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, unusually severe weather, or delays of subcontractors or supplies arising from unforeseeable causes beyond the control and without the fault or negligence of both the CONTRACTOR and such subcontractors or suppliers; and
(2) The CONTRACTOR, within ten (10) days from the beginning of any such delay (unless the CONTRACTING OFFICER grants a further period of time before the date of final payment under the contract), notifies the CONTRACTING OFFICER in writing of the causes of delay.
The CONTRACTING OFFICER shall ascertain the facts and the extent of the delay and extend the time for completing the work when, in their judgment, the findings of fact justify such an extension, and their findings of fact shall be final and conclusive on the parties, subject only to appeal as provided in the article of these General Provisions entitled Disputes.
E. If, after notice of termination of the CONTRACTOR'S right to proceed under the provisions of this article, it is determined for any reason that the CONTRACTOR was not in default under the provisions of this article, or that the delay was excusable under the provisions of this article, the rights and obligations of the parties shall, if the contract contains an article providing for termination for convenience of the COUNTY, be the same as if the notice of termination had been issued pursuant to such article. If, in the foregoing circumstances, this contract does not contain an article providing for termination for convenience of the COUNTY, the contract shall be equitably adjusted to compensate for such termination and the contract modified; accordingly, failure to agree to any such adjustment shall be a dispute concerning a question of fact within the meaning of the article of these General Provisions entitled Disputes.
F. In the event the construction of this project is interrupted, halted or discontinued by the order of a Court of competent jurisdiction or the order of a supervening appropriate government authority over which the COUNTY has no control, then in that event, it is the intention of these specifications that the COUNTY'S liability shall be limited only to the actual value of the work already performed and materials already purchased, with no allowance permitted for loss of profits that would have ultimately accrued to the CONTRACTOR had the CONTRACTOR completed the contract.
G. The rights and remedies of the COUNTY provided in this article are in addition to any other rights and remedies provided by law or under this contract.
H. As used in Paragraph (D.1.) of this article, the term subcontractors or suppliers means subcontractors or suppliers at any tier.
The CONSULTANT shall promptly investigate and maintain a complete record of accidents resulting in personal injury, death, or property damage incident to performance of work under this contract. Loss of or damage to COUNTY equipment or property in the custody of the CONSULTANT shall be reported to the COUNTY within twenty-four (24) hours after the occurrence of the accident, together with full details relating to the incident.
Description | |
30% Preliminary Design Report | 100 Days |
30% Review, Workshop, and Comments | 20 Days |
Final Preliminary Design Report (Review and Approval) | 15 Days |
60% Design / Specifications – Preliminary Cost Estimate | 90 Days |
60% Review, Workshop, and Comments | 20 Days |
60% Design / Specifications Submission | 20 Days |
90% Design / Specifications | 55 Days |
90% Review, Workshop, and Comments | 20 Days |
100% Plan Submission / Final Cost Estimate | 30 Days |
100% County Review, Workshop, and Approval | 20 Days |
Final Plans, Specifications, RFP Package, and Bid Documents | 30 Days |
Total Contract Duration: | 420 Days |
Offerors shall be required to acknowledge the addenda when responding to this request for proposals.
Subcontractors may not be used in the conduct of this contract without express written approval of the County. The County reserves the right to reject any subcontracted relationship if changes or additions of subcontractors are necessary during the life of the contract. Subcontracts for any portion of this contract must be clearly identified in the Offeror's proposal. Subcontracts are subject to Minority and Women Business Enterprise (MBE) Program and Small Local Business Enterprise (SLBE) requirements detailed herein. Prime contractor shall perform a minimum of fifty percent (50%) of the work.
The CONTRACTOR shall give their personal superintendence to the work or have a competent foreman or superintendent, satisfactory to the CONTRACTING OFFICER, on the work at all times during progress, with authority to act for them.
No news releases pertaining to this proposal request or the service, study, or project to which it relates will be made without County approval.
The CONSULTANT shall furnish to the COUNTY within two weeks after executing this contract, and thereafter prior to any annual renewal date, a chart showing the overall organization provided for the performance of this work and the names and titles of personnel employed in connection with the work, and shall furnish from time to time, revised organization charts reflecting any substantive changes therein. The CONSULTANT agrees to retain the listed key employees assigned to the performance of the work under this contract and shall not reassign or remove any of them without the consent of the COUNTY. Whenever, for any reason, one or more of the aforementioned employees is unavailable for assignment for work under this contract, the CONSULTANT shall, with the approval of the COUNTY replace such employee with an employee of substantially equal abilities and qualifications.
The CONSULTANT shall be responsible for maintaining satisfactory standards of employee competency, conduct and integrity and shall be responsible for taking such disciplinary action with respect to their employees as may be necessary.
The CONSULTANT shall require in each subcontract, a provision that requires each subcontractor to advise the CONSULTANT promptly of any significant changes in the organization of such subcontractor, and the CONSULTANT shall promptly advise the COUNTY of any such changes reported to the CONSULTANT or otherwise discovered by the CONSULTANT.
A. The CONTRACTOR shall be liable for and shall pay to the COUNTY as fixed, agreed and liquidated damages such sum or sums as set forth herein before for each and every calendar day which the actual time of completion shall be delayed beyond the aforesaid permitted time of completion. Actual damages for such delay are impossible of determination, thus, said sum is a measure only of liquidated damages the COUNTY will sustain for each delay and shall not be construed as a penalty.
B. The COUNTY shall have the right to deduct the total amount of any liquidated damages for which the CONTRACTOR may be liable from moneys otherwise due the CONTRACTOR including any retainage under the control of the COUNTY.
C. The surety upon the Performance Bond furnished by the CONTRACTOR shall be liable for any such liquidated damages for which the CONTRACTOR may be liable, to the extent that the CONTRACTOR shall not make settlement therefore with the COUNTY.
Offeror shall have the capability to perform classes of work contemplated, having sufficient capital to execute the work properly within the specified time. The County reserves the right to request any additional information, utilize references not provided by a Offeror, and validate any information provided by an Offeror by any means deemed necessary by the County for the purpose of determining the Offeror’s ability to perform the services described herein.
Offerors shall be required to download, complete and submit the Major Equipment Schedule Form. It is understood and agreed that, if awarded a Contract, the Offeror shall not make any additions, deletions or substitutions to this certified list without the consent of the Owner.
The CONTRACTOR shall give their personal superintendence to the work or have a competent foreman or superintendent, satisfactory to the CONTRACTING OFFICER, on the work at all times during progress, with authority to act for them.
The Contractor shall bill at rates indicated on the Ancillary Support Services sheet for Items A-2 and A-3 on the Cost Proposal Form. For Item B-1, upon written request by the County, the Contractor shall provide a written proposal for Ancillary Support Services as defined in Section 9 - Proposal Item Descriptions.
. For the purposes of this proposal, the Consultant shall provide a list of expected position titles and hourly rates for the staff that could reasonably be expected to perform these services. Hourly rates shall include all profit, overhead, equipment, transportation cost, etc. Payments shall be made only for hours worked. Work shall only be performed after County written approval and authorization has been made.
A. The COUNTY will pay the contract price, less all costs for overtime superintendence and inspection, as herein-after provided.
B. The COUNTY will make progress payments monthly as the work proceeds, or at more frequent intervals as determined by the CONTRACTING OFFICER, on estimates approved by the CONTRACTING OFFICER. Progress payments will be due and payable thirty (30) calendar days after the COUNTY receives an acceptable invoice. If requested by the CONTRACTING OFFICER, the CONTRACTOR shall furnish a breakdown of the total contract price showing the amount included therein for each principal category of the work, in such detail as requested, to provide a basis for determining progress payments. In the preparation of estimates, the CONTRACTING OFFICER, at their discretion, may authorize material delivered on the site and preparatory work done to be taken into consideration. Material delivered to the CONTRACTOR at locations other than the site may also be taken into consideration (1) if such consideration is specifically authorized by the contract and (2) if the CONTRACTOR furnishes satisfactory evidence that they have acquired title to such material and that it will be utilized on the work covered by this contract. Such payments shall be conditioned upon submission by the CONTRACTOR of bills of sale or such other procedures satisfactory to the COUNTY to establish the COUNTY'S title to such materials or equipment or otherwise protect the COUNTY'S interest, including applicable insurance and transportation to the site.
C. All material and work covered by progress payments made shall thereupon become the sole property of the COUNTY, but this provision shall not be construed as relieving the CONTRACTOR from sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work, or as waiving the right of the COUNTY to require the fulfillment of all of the terms of the contract.
The CONTRACTOR shall, without additional expense to the COUNTY, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, and regulations in connection with the prosecution of the work. They shall be similarly responsible for all damages to persons or property that occurs as a result of their fault or negligence. They shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. They shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any complete unit of construction thereof which theretofore may have been accepted.
Offeror should give specific attention and identification of those specific portions of their proposals which they deem to contain confidential and/or proprietary information. Such information must be individually noted as being confidential or proprietary, either at that location, or in a separate consolidated listing contained within the bid/proposal/quote and provide justification of why the material should not be subject to disclosure by the County upon request under the Maryland Public Information Act. Offerors may not declare their entire bid/proposal/quote package to be confidential or proprietary. Failure to provide specific identification and justification may result in the County releasing the information if requested to do so.
Any errors in computations may be corrected during the County’s review of the proposal. The County shall not be responsible for Offeror computation errors contained on the Cost Proposal Form. All values contained on the Cost Proposal Form remain the responsibility of the Offeror. Where the unit price and the extension price are at variance, the unit price will prevail. In the event that the unit price is not provided, the unit price shall be the extended price divided by the quantity. Errors on any forms submitted remain the sole responsibility of the Offeror.
The CONTRACTOR shall, without additional expense to the COUNTY, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, and regulations in connection with the prosecution of the work. They shall be similarly responsible for all damages to persons or property that occurs as a result of their fault or negligence. They shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. They shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any complete unit of construction thereof which theretofore may have been accepted.
During the performance of any contract awarded pursuant to this RFQ, ITB, or RFP, the CONSULTANT agrees as follows:
A. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, religion, color, sex, or national origin, except where religion, sex or national origin is a bona fide occupational qualification reasonably necessary to the normal operation of the CONSULTANT. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination Article.
B. The CONSULTANT, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, will state such CONSULTANT is an equal opportunity employer.
C. Notices advertisements and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.
All original drawings and the first page of all specifications, estimates, or similar documents shall have affixed or contain the seal of a duly qualified and authorized professional CONSULTANT certifying to the completeness and accuracy of the work performed.
The CONTRACTOR shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Any failure by the CONTRACTOR to do so will not relieve them from responsibility for successfully performing the work without additional expense to the COUNTY. The COUNTY assumes no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of this contract unless such understanding or representations by the COUNTY are expressly stated in the contract.
The CONTRACTOR shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Any failure by the CONTRACTOR to do so will not relieve them from responsibility for successfully performing the work without additional expense to the COUNTY. The COUNTY assumes no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of this contract unless such understanding or representations by the COUNTY are expressly stated in the contract.
The County exclusively reserves the right, but is not limited to the following actions:
The Maryland Campaign Finance Reform Act of 2013 dictates that vendors with single contracts of $200,000 or more shall file certain campaign finance-related disclosures with the Maryland State Board of Elections. Vendors shall certify that they have filed the requisite disclosure, and if the vendor fails to provide this certification, the County must notify the State. In the event of Contract award, the Contractor shall certify that campaign finance-related disclosures are filed with the Maryland State Board of Elections as applicable.
All work under this contract shall be performed in a skillful and workmanlike manner. The CONTRACTING OFFICER may, in writing require the CONTRACTOR to remove from the work any employee the CONTRACTING OFFICER deems incompetent, careless, or otherwise objectionable.
If the CONSULTANT hereunder is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.
A. Except as otherwise provided in this contract, inspection and test by the COUNTY of material and workmanship required by this contract shall be made at reasonable times and at the site of the work, unless the CONTRACTING OFFICER determines that such inspection or test of material which is to be incorporated in the work shall be made at the place of production, manufacture, or shipment of such material. To the extent specified by the CONTRACTING OFFICER at the time of determining to make off-site inspection or test, such inspection or test shall be conclusive as to whether the material involved conforms to the contract requirements. Such off-site inspection or test shall not relieve the CONTRACTOR of responsibility for damage to or loss of the material prior to acceptance, nor in any way affect the continuing rights of the COUNTY after acceptance of the completed work under the terms of paragraph (F.) of this article, except as here in above provided.
B. The CONTRACTOR shall, without charge, replace any material or correct any workmanship found by the COUNTY not to conform to the contract requirements, unless in the public interest the COUNTY consents to accept such material or workmanship with an appropriate adjustment in the contract price. The CONTRACTOR shall promptly segregate and remove rejected material from the premises.
C. If the CONTRACTOR does not promptly replace rejected material or correct rejected workmanship, the COUNTY may: (1) by contract or otherwise, replace such material or correct such workmanship and charge the cost thereof to the CONTRACTOR, or (2) terminate the CONTRACTOR'S right to proceed in accordance with Article 6 of these General Provisions.
D. The CONTRACTOR shall furnish promptly, and without additional charge, all facilities, labor, and material reasonably needed for performing such safe and convenient inspection and test as may be required by the CONTRACTING OFFICER. All inspection and test by the COUNTY or its agent shall be performed in such manner as not unnecessarily to delay the work. Special, full size and performance tests shall be performed as described in this contract. The CONTRACTOR shall be charged with any additional cost of inspection when material and workmanship are not ready at the time specified by the CONTRACTOR for its inspection.
E. Should it be considered necessary or advisable by the COUNTY, at any time before acceptance of the entire work, to make an examination of work already completed, by removing or tearing out same, the CONTRACTOR shall, on request, promptly furnish all necessary facilities, labor, and material. If such work is found to be defective or nonconforming in any material respect, due to the fault of the CONTRACTOR or their subcontractors, they shall defray all the expenses of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the contract, an equitable adjustment shall be made in the contract price to compensate the CONTRACTOR for the additional services involved in such examination and reconstruction and, if completion of the work has been delayed thereby, he shall, in addition, be granted a suitable extension of time.
F. Unless otherwise provided in this contract, acceptance by the COUNTY shall be made as promptly as practicable after completion and inspection of all work required by this contract. Acceptance shall be final and conclusive except as regards latent defects, fraud, or such gross mistakes as may amount to fraud, or as regards the COUNTY'S right under any warranty or guarantee.
The County exclusively reserves the right, but is not limited to the following actions:
The County reserves the right to reject any/all proposals, to waive irregularities and/or informalities in any proposal, and to make award in any manner, consistent with law, deemed in the best interest of the County.
The COUNTY may undertake or award other contracts for additional work excluded from this contract, and the CONTRACTOR shall fully cooperate with such other Contractors and COUNTY employees and carefully fit their own work to such additional work as may be directed by the CONTRACTING OFFICER. The COUNTY'S separate contractors will coordinate their work with the CONTRACTOR. The CONTRACTOR shall not commit or permit any act which will interfere with the performance of work by any other CONTRACTOR or by employees.
The COUNTY may undertake or award other contracts for additional work excluded from this contract, and the CONTRACTOR shall fully cooperate with such other Contractors and COUNTY employees and carefully fit their own work to such additional work as may be directed by the CONTRACTING OFFICER. The COUNTY'S separate contractors will coordinate their work with the CONTRACTOR. The CONTRACTOR shall not commit or permit any act which will interfere with the performance of work by any other CONTRACTOR or by employees.
The following holidays are observed by the County:
It is the spirit and intent of these General Provisions, and the Special Provisions to provide that the services and all parts thereof shall be fully completed and suitable in every way for the purpose for which the project was intended. The CONSULTANT shall supply all materials and perform all services, which reasonably may be implied as being incidental to the work of this contract. In the event of a conflict between the General and Special Provisions, the Special Provisions will govern.
In order to be eligible for award, Offerors shall meet the following conditions prior to contract award:
Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by the Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. The Mid-Atlantic Purchasing Team Cooperative Ride Clause is hereby incorporated into this solicitation. Refer to the County’s Website at: https://www.charlescountymd.gov/home/showpublisheddocument/15127/638182853727870000
Except as otherwise provided, the CONTRACTOR agrees to indemnify the COUNTY and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any Letters, Patents of the United States arising out of the performance of this contract or out of the use or disposal by or for the account of the COUNTY of supplies furnished or construction work performed hereunder.
Except as otherwise provided, the CONTRACTOR agrees to indemnify the COUNTY and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any Letters, Patents of the United States arising out of the performance of this contract or out of the use or disposal by or for the account of the COUNTY of supplies furnished or construction work performed hereunder.
The CONTRACTOR shall give their personal superintendence to the work or have a competent foreman or superintendent, satisfactory to the CONTRACTING OFFICER, on the work at all times during progress, with authority to act for them.
All items required to be furnished by the CONSULTANT under this contract shall be delivered at the CONSULTANT'S expense to the attention of the County's authorized representative located at:
Project Manager identified in the written Notice of Intent to Award letter or Contract Execution Letter issued by the Purchasing Representative.
The CONSULTANT will be notified if the submittal, or any portion thereof, is rejected. In this event, the CONSULTANT will be required to resubmit those rejected materials so that they fully comply with the requirements of this contract. The decision of the COUNTY as to acceptance or rejection of the required submittals shall be final.
An individual or a person that employs an individual who the County utilized in the drafting of specifications, an invitation for bids, a request for quotes, or a request for proposals for a procurement may not submit a quote, bid, or proposal for that procurement, or assist or represent another person, directly or indirectly, who is submitting a quote, bid, or proposal for the procurement. A proposal from such an individual or entity will be rejected.
The following is a list of consultant(s) and/or sub-consultant(s) that have received monetary compensation under a contract with the County as the prime consultant to develop this Request for Proposals and have been retained by the County to perform the services on the behalf of the County for this procurement.
n addition, the County Ethics Committee administers the provisions of the County Ethics Code, including §170 of the Charles County Code that contains various restrictions on participating in County procurements.
The CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the CONTRACTOR for the purpose of securing business. For breach or violation of this warranty the COUNTY shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
The CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the CONTRACTOR for the purpose of securing business. For breach or violation of this warranty the COUNTY shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
The CONTRACTOR shall, without additional expense to the COUNTY, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and Municipal laws, codes, and regulations in connection with the prosecution of the work. They shall be similarly responsible for all damages to persons or property that occurs as a result of their fault or negligence. They shall take proper safety and health precautions to protect the work, the workers, the public, and the property of others. They shall also be responsible for all materials delivered and work performed until completion and acceptance of the entire construction work, except for any complete unit of construction thereof which theretofore may have been accepted.
Legal notice given by the County to the Offeror shall be sent to the Offeror's contact information provided in the County's eProcurement Portal. Notice given by the County by any of the following:
During the performance of this contract, the CONTRACTOR agrees as follows:
A. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates or pay or other forms of compensation; and selection for training, including apprenticeship.
B. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
C. The CONTRACTOR will send to each labor union or representative of workers with which they have a collective bargaining agreement or other contract or understanding, a notice, to be provided by the CONTRACTING OFFICER advising the labor union or worker's representative of the CONTRACTOR'S commitments under this Equal Opportunity article and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
D. In the event of the CONTRACTOR'S noncompliance with the Equal Opportunity article of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended, in whole or in part.
The CONSULTANT’S Day to day activities and work production will be monitored by a person designated by the COUNTY to act as the authorized representative to administer this contract in whole or in part.
No oral statement of any person and no written statement of anyone other than the CONTRACTING OFFICER, or the authorized representative, shall modify or otherwise effect any provision of this contract.
Designation and termination of the COUNTY'S representative shall be done in writing.
During the performance of this contract, the CONTRACTOR agrees as follows:
A. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates or pay or other forms of compensation; and selection for training, including apprenticeship.
B. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
C. The CONTRACTOR will send to each labor union or representative of workers with which they have a collective bargaining agreement or other contract or understanding, a notice, to be provided by the CONTRACTING OFFICER advising the labor union or worker's representative of the CONTRACTOR'S commitments under this Equal Opportunity article and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
D. In the event of the CONTRACTOR'S noncompliance with the Equal Opportunity article of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended, in whole or in part.
The CONTRACTOR shall be responsible for having taken steps reasonably necessary to ascertain the nature and location of the work, and the general and local conditions which can affect the work or the cost thereof. Any failure by the CONTRACTOR to do so will not relieve them from responsibility for successfully performing the work without additional expense to the COUNTY. The COUNTY assumes no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of this contract unless such understanding or representations by the COUNTY are expressly stated in the contract.
A. The CONTRACTING OFFICER may order the CONTRACTOR in writing to suspend, delay, or interrupt all or any part of the work for such period of time as they may determine to be appropriate for the convenience of the public.
B. If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted by an act of the CONTRACTING OFFICER in the administration of this contract, or by their failure to act within the time specified in this contract (or, if no time is specified, within a reasonable time), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this article for any suspension, delay, or interruption to the extent (1) that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the CONTRACTOR or (2) for which an equitable adjustment is provided for or excluded under any other provision of this contract.
C. No claim under this article shall be allowed (1) for any costs incurred more than twenty (20) days before the CONTRACTOR shall have notified the CONTRACTING OFFICER in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension, delay, or interruption, but not later than the date of final payment under the contract.
The County may negotiate contract terms, price, statement of work, or other conditions that results in the most advantageous outcome for the County. In the event an agreement satisfactory to the County cannot be negotiated, the County may terminate negotiation and move to another Offeror.
A. The CONTRACTING OFFICER may order the CONTRACTOR in writing to suspend, delay, or interrupt all or any part of the work for such period of time as they may determine to be appropriate for the convenience of the public.
B. If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted by an act of the CONTRACTING OFFICER in the administration of this contract, or by their failure to act within the time specified in this contract (or, if no time is specified, within a reasonable time), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this article for any suspension, delay, or interruption to the extent (1) that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the CONTRACTOR or (2) for which an equitable adjustment is provided for or excluded under any other provision of this contract.
C. No claim under this article shall be allowed (1) for any costs incurred more than twenty (20) days before the CONTRACTOR shall have notified the CONTRACTING OFFICER in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension, delay, or interruption, but not later than the date of final payment under the contract.
The COUNTY may undertake or award other contracts for additional work excluded from this contract, and the CONTRACTOR shall fully cooperate with such other Contractors and COUNTY employees and carefully fit their own work to such additional work as may be directed by the CONTRACTING OFFICER. The COUNTY'S separate contractors will coordinate their work with the CONTRACTOR. The CONTRACTOR shall not commit or permit any act which will interfere with the performance of work by any other CONTRACTOR or by employees.
Except as otherwise provided, the CONTRACTOR agrees to indemnify the COUNTY and its officers, agents, and employees against liability, including costs and expenses, for infringement upon any Letters, Patents of the United States arising out of the performance of this contract or out of the use or disposal by or for the account of the COUNTY of supplies furnished or construction work performed hereunder.
The COUNTY, through any authorized representative, may at all reasonable times inspect or otherwise evaluate the work being performed hereunder and the premises on which it is being performed. If any inspection or evaluation is made by the COUNTY on the premises of the CONSULTANT or subcontractor, the CONSULTANT shall provide and shall require the subcontractors to provide all reasonable facilities and assistance for the safety and convenience of the COUNTY representatives in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work.
Subsequent to the award, the CONTRACTOR shall, submit for approval a complete list of subcontractors who will be engaged by them in the execution of the work. After the list of subcontractors has been approved, no changes shall be made in it without the permission and approval of the CONTRACTING OFFICER. The CONTRACTING OFFICER will, however, permit the CONTRACTOR to take the work out of the hands of any or all of the subcontractors and complete it themselves if for any reason it becomes necessary or desirable for them to do so. That portion of the specifications beginning with the SPECIFICATIONS, if included in these documents, is arranged for editorial convenience only, the divisions thereof are not to be construed in the whole as the complete representation of the work, nor individually as authorization or approval by the COUNTY to subdivide the CONTRACTOR'S responsibilities into subcontracts related to such division. Nothing contained in the contract documents shall create any contractual relationship between any subcontractor and the COUNTY.
Subsequent to the award, the CONTRACTOR shall, submit for approval a complete list of subcontractors who will be engaged by them in the execution of the work. After the list of subcontractors has been approved, no changes shall be made in it without the permission and approval of the CONTRACTING OFFICER. The CONTRACTING OFFICER will, however, permit the CONTRACTOR to take the work out of the hands of any or all of the subcontractors and complete it themselves if for any reason it becomes necessary or desirable for them to do so. That portion of the specifications beginning with the SPECIFICATIONS, if included in these documents, is arranged for editorial convenience only, the divisions thereof are not to be construed in the whole as the complete representation of the work, nor individually as authorization or approval by the COUNTY to subdivide the CONTRACTOR'S responsibilities into subcontracts related to such division. Nothing contained in the contract documents shall create any contractual relationship between any subcontractor and the COUNTY.
The CONTRACTOR must make payment to any sub-contractor or vendor within 15 business days of receiving payment from the County for a Contractor invoice submitted to the County that billed for services or commodities provided by that sub-contractor or vendor. Contractors may not impose retainage rates upon sub-contractors that are higher than those imposed upon the Contractor by the County.
If any surety upon any bond furnished in connection with this contract becomes unacceptable to the COUNTY or if any such surety fails to furnish reports as to their financial condition from time to time as requested by the COUNTY, the CONTRACTOR shall promptly furnish such additional security as may be required from time to time to protect the interests of the COUNTY and of persons supplying labor or materials in the prosecution of the work contemplated by this contract.
The CONTRACTOR must make payment to any sub-contractor or vendor within 15 business days of receiving payment from the County for a Contractor invoice submitted to the County that billed for services or commodities provided by that sub-contractor or vendor. Contractors may not impose retainage rates upon sub-contractors that are higher than those imposed upon the Contractor by the County.
The CONSULTANT shall visit the areas where work is to be performed and by their own investigation satisfy themselves as to the existing conditions affecting the work to be done. If the CONSULTANT, including subcontractor, does not visit the area, they will nevertheless be charged with knowledge of conditions, which a reasonable inspection would have disclosed. The CONSULTANT shall assume all responsibility for deductions and conclusion as to the difficulties in performing the work under this contract.
Specifications and also standards of associations, societies, and laboratories referred to in these specifications shall become a part of this contract and shall be considered as though incorporated herein. The latest edition or amendment of supplement thereto in effect on the latest quote/bid invitation or proposal request shall apply. Standards of associations, societies, and laboratories referred to in the specifications may be obtained directly from such organizations.
The COUNTY shall not be responsible for furnishing any drawing, specification, or published material not specifically identified in the Special Provisions of these specifications.
Specifications and also standards of associations, societies, and laboratories referred to in these specifications shall become a part of this contract and shall be considered as though incorporated herein. The latest edition or amendment of supplement thereto in effect on the latest quote/bid invitation or proposal request shall apply. Standards of associations, societies, and laboratories referred to in the specifications may be obtained directly from such organizations.
The COUNTY shall not be responsible for furnishing any drawing, specification, or published material not specifically identified in the Special Provisions of these specifications.
In the event the COUNTY requires a construction contract resulting from the prepared work of the CONSULTANT hereunder, to make repairs, replacement, reconstruction or similar adjustments under the provisions of the construction contract, the CONSULTANT shall provide such professional services as may be required at no additional cost to the COUNTY where it is determined that the repairs, replacement, reconstruction or similar adjustment is attributed to a design deficiency for which the CONSULTANT is responsible.
The period of this guarantee shall commence on the date that the COUNTY formally accepts the facilities and extends for a period of one year thereafter.
The rights provided under this provision are in addition to any other rights the COUNTY may have arising out of a design deficiency for which the CONSULTANT is responsible.
The CONTRACTOR warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the CONTRACTOR for the purpose of securing business. For breach or violation of this warranty the COUNTY shall have the right to annul this contract without liability or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee.
The CONSULTANT shall hold and save the COUNTY, and all officers and agents thereof harmless from and against all and every demand of any nature and kind for or on account of the use of any patented or copyrighted inventions, article, or process employed by the CONSULTANT in the performance of the work.
During the performance of this contract, the CONTRACTOR agrees as follows:
A. The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The CONTRACTOR will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates or pay or other forms of compensation; and selection for training, including apprenticeship.
B. The CONTRACTOR will, in all solicitations or advertisements for employees placed by or on behalf of the CONTRACTOR, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
C. The CONTRACTOR will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the CONTRACTING OFFICER advising the labor union or worker's representative of the CONTRACTOR'S commitments under this Equal Opportunity article and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
D. In the event of the CONTRACTOR'S noncompliance with the Equal Opportunity article of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended, in whole or in part.
The normal number of working hours per day on this contract will be limited to eight (8), unless otherwise authorized by the CONTRACTING OFFICER.
The normal number of working hours per day on this contract will be limited to eight (8), unless otherwise authorized by the CONTRACTING OFFICER.
A. The CONTRACTING OFFICER may order the CONTRACTOR in writing to suspend, delay, or interrupt all or any part of the work for such period of time as they may determine to be appropriate for the convenience of the public.
B. If the performance of all or any part of the work is, for an unreasonable period of time, suspended, delayed, or interrupted by an act of the CONTRACTING OFFICER in the administration of this contract, or by their failure to act within the time specified in this contract (or, if no time is specified, within a reasonable time), an adjustment shall be made for any increase in the cost of performance of this contract (excluding profit) necessarily caused by such unreasonable suspension, delay, or interruption and the contract modified in writing accordingly. However, no adjustment shall be made under this article for any suspension, delay, or interruption to the extent (1) that performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or negligence of the CONTRACTOR or (2) for which an equitable adjustment is provided for or excluded under any other provision of this contract.
C. No claim under this article shall be allowed (1) for any costs incurred more than twenty (20) days before the CONTRACTOR shall have notified the CONTRACTING OFFICER in writing of the act or failure to act involved (but this requirement shall not apply as to a claim resulting from a suspension order), and (2) unless the claim, in an amount stated, is asserted in writing as soon as practicable after the termination of such suspension, delay, or interruption, but not later than the date of final payment under the contract.
Without additional cost to the COUNTY, the CONSULTANT shall obtain all applicable permits, licenses, and insurance; shall pay all charges and fees; and shall give all notices necessary and incidental to the due and lawful performance of the services under this contract.
The CONTRACTOR will not be permitted to do any work which requires the services of the COUNTY'S inspection supervisory forces on Saturdays, Sundays, or holidays unless otherwise authorized by the CONTRACTING OFFICER in writing. However, the CONTRACTOR, with verbal permission of the CONTRACTING OFFICER, may be permitted to perform on Saturdays and holidays, clean-up and such other items for which no specific payment are involved. In cases of bona fide emergencies, sound judgment shall be exercised.
The CONTRACTOR will not be permitted to do any work which requires the services of the COUNTY'S inspection supervisory forces on Saturdays, Sundays, or holidays unless otherwise authorized by the CONTRACTING OFFICER in writing. However, the CONTRACTOR, with verbal permission of the CONTRACTING OFFICER, may be permitted to perform on Saturdays and holidays, clean-up and such other items for which no specific payment are involved. In cases of bona fide emergencies, sound judgment shall be exercised.
Except with the prior approval of the COUNTY, the CONSULTANT shall not release for publication any drawing, rendering, perspective sketch, photograph, report, specification, cost estimate, or other material of any nature pertaining to the facilities, for which services are performed under the terms of this contract.
The provisions of this Article shall extend also to the release of any such materials to any person not so authorized by the COUNTY.
In cases where the CONTRACTOR desires to work in excess of the normal number of working hours per day and/or on designated COUNTY holidays, Saturdays, or Sundays, the CONTRACTOR shall submit such requests in writing to the CONTRACTOR at least three (3) days in advance of the requested extended working hour period. The CONTRACTOR shall include with the request the specific tasks or operations to be performed during the proposed period of extended working hours. The CONTRACTOR shall be responsible for all costs incurred by the COUNTY in providing superintendence and inspection services to accommodate the CONTRACTOR in working extended hours including premium time, quality control testing, per diem, and miscellaneous expenses. The COUNTY shall, with documentation, deduct the said monies for superintendence and inspection of the CONTRACTOR's work outside the normal working hours from payments due the CONTRACTOR. Said requested deductions shall not constitute a change or change order to the contract. The CONTRACTOR expressly agrees to the deductions from payments due in accordance with the following fee schedule for those services as deemed necessary by the COUNTY:
COUNTY Staff ...................Actual Cost of Staff
Miscellaneous........................Actual Cost of Staff
Other ...................................Actual Cost of Staff
In cases where the CONTRACTOR desires to work in excess of the normal number of working hours per day and/or on designated COUNTY holidays, Saturdays, or Sundays, the CONTRACTOR shall submit such requests in writing to the CONTRACTOR at least three (3) days in advance of the requested extended working hour period. The CONTRACTOR shall include with the request the specific tasks or operations to be performed during the proposed period of extended working hours. The CONTRACTOR shall be responsible for all costs incurred by the COUNTY in providing superintendence and inspection services to accommodate the CONTRACTOR in working extended hours including premium time, quality control testing, per diem, and miscellaneous expenses. The COUNTY shall, with documentation, deduct the said monies for superintendence and inspection of the CONTRACTOR's work outside the normal working hours from payments due the CONTRACTOR. Said requested deductions shall not constitute a change or change order to the contract. The CONTRACTOR expressly agrees to the deductions from payments due in accordance with the following fee schedule for those services as deemed necessary by the COUNTY:
COUNTY Staff ...................Actual Cost of Staff
Miscellaneous........................Actual Cost of Staff
Other ...................................Actual Cost of Staff
In case of an emergency, when work requiring supervision by the COUNTY or the CONTRACTOR is to be performed on Saturdays, Sundays, holidays or for longer than eight (8) hours per day, the CONTRACTOR shall request permission of the CONTRACTING OFFICER to do so. If, in the opinion of the CONTRACTING OFFICER, the emergency is bona fide, they will grant permission to the CONTRACTOR to work such hours as may be necessary. Also if, in the opinion of the CONTRACTING OFFICER, a bona fide emergency exists, they may direct the CONTRACTOR to work such hours as may be necessary whether the CONTRACTOR requests permission to do so or not.
In case of an emergency, when work requiring supervision by the COUNTY or the CONTRACTOR is to be performed on Saturdays, Sundays, holidays or for longer than eight (8) hours per day, the CONTRACTOR shall request permission of the CONTRACTING OFFICER to do so. If, in the opinion of the CONTRACTING OFFICER, the emergency is bona fide, they will grant permission to the CONTRACTOR to work such hours as may be necessary. Also if, in the opinion of the CONTRACTING OFFICER, a bona fide emergency exists, they may direct the CONTRACTOR to work such hours as may be necessary whether the CONTRACTOR requests permission to do so or not.
Except as otherwise provided in this contract,
A. The CONSULTANT shall be responsible for any materials and related data covered by this contract until they are delivered to the COUNTY at the designated delivery point.
B. After delivery to the COUNTY at the designated point and prior to acceptance by the COUNTY or rejection and giving notice thereof by the COUNTY, the COUNTY shall be responsible for the loss or destruction of or damage resulting from the negligence of officer, agents, or employees of the COUNTY acting within the scope of their employment.
C. The CONSULTANT shall bear all risks as to rejected materials and related data after notice of rejection, except that the COUNTY shall be responsible for the loss, destruction, or damage resulting from the gross negligence of officers, agents, or employees of the COUNTY acting within the scope of their employment.
D. After delivery to, and acceptance of, the COUNTY shall be responsible for the loss or destruction of or damage to the materials and related data so delivered and accepted.
The CONTRACTOR shall so conduct their operation as not to interfere with or endanger the ordinary use of existing structures, roads, utilities, and other facilities. The CONTRACTOR shall provide and maintain all temporary roadways which may be authorized and all control and safety devices necessary to maintain traffic, safety and the optimum normal use thereof. Equipment, operations, and materials shall be confined to the limits defined by the CONTRACTING OFFICER.
The site of the work and facilities required to be constructed under the contract shall be maintained in a clean, orderly, and safe condition. Rubbish, surplus materials, and excess equipment shall not be permitted to accumulate during the progress of the work.
After each facility is completed and after all the work under the contract has been completed, the structure, facility, temporary facilities, barricades, toilets, and all the premises shall be left clean and in a condition satisfactory to the CONTRACTING OFFICER.
The CONTRACTOR shall restore at their expense any damage to any property, including damage to trees, shrubs, ground cover, and other vegetation, and the CONTRACTOR shall save and hold the COUNTY free from all claims for damages or injury to all persons or property caused or alleged to have been caused by the CONTRACTOR, their agents, employees, workmen, and subcontractors in the execution of this contract.
The CONTRACTOR shall so conduct their operation as not to interfere with or endanger the ordinary use of existing structures, roads, utilities, and other facilities. The CONTRACTOR shall provide and maintain all temporary roadways which may be authorized and all control and safety devices necessary to maintain traffic, safety and the optimum normal use thereof. Equipment, operations, and materials shall be confined to the limits defined by the CONTRACTING OFFICER.
The site of the work and facilities required to be constructed under the contract shall be maintained in a clean, orderly, and safe condition. Rubbish, surplus materials, and excess equipment shall not be permitted to accumulate during the progress of the work.
After each facility is completed and after all the work under the contract has been completed, the structure, facility, temporary facilities, barricades, toilets, and all the premises shall be left clean and in a condition satisfactory to the CONTRACTING OFFICER.
The CONTRACTOR shall restore at their expense any damage to any property, including damage to trees, shrubs, ground cover, and other vegetation, and the CONTRACTOR shall save and hold the COUNTY free from all claims for damages or injury to all persons or property caused or alleged to have been caused by the CONTRACTOR, their agents, employees, workmen, and subcontractors in the execution of this contract.
Where rights-of-entry have not been obtained by the COUNTY, the CONSULTANT with assistance from the COUNTY will be required to obtain from landowners the necessary rights-of-entry for making any investigations required, including geotechnical and survey work under this contract. The CONSULTANT will be advised as to arrangements previously made with landowners. The CONSULTANT shall assume all responsibility for and take all precautions to prevent damage to property entered.
The CONSULTANT shall assume all risks of injury to persons or property arising out of CONSULTANT'S sole negligent acts, errors or omissions in CONSULTANT'S performance of work under this contract and shall indemnify and save harmless the COUNTY against all claims, causes of action (cost and expense) on account of bodily injuries to, and death of persons, and damages to property arising from the sole negligent acts, errors or omissions of the CONSULTANT in connection with the prosecution of the work under this contract.
The CONTRACTING OFFICER, by issuance of a stop work order, may direct the CONTRACTOR to suspend any work that may be subject to damage because of weather conditions.
Subsequent to the award, the CONTRACTOR shall, submit for approval a complete list of subcontractors who will be engaged by them in the execution of the work. After the list of subcontractors has been approved, no changes shall be made in it without the permission and approval of the CONTRACTING OFFICER. The CONTRACTING OFFICER will, however, permit the CONTRACTOR to take the work out of the hands of any or all of the subcontractors and complete it themselves if for any reason it becomes necessary or desirable for them to do so. That portion of the specifications beginning with the SPECIFICATIONS, if included in these documents, is arranged for editorial convenience only, the divisions thereof are not to be construed in the whole as the complete representation of the work, nor individually as authorization or approval by the COUNTY to subdivide the CONTRACTOR'S responsibilities into subcontracts related to such division. Nothing contained in the contract documents shall create any contractual relationship between any subcontractor and the COUNTY.
The CONTRACTING OFFICER, by issuance of a stop work order, may direct the CONTRACTOR to suspend any work that may be subject to damage because of weather conditions.
The CONTRACTOR shall conduct their operations, including those involving machinery and self-propelled vehicles and equipment in order to protect the lives and health of employees and other persons; prevent damage to property, materials, supplies, and equipment; and to avoid work interruptions; and the CONTRACTOR shall, in the performance of this contract, comply with the applicable provisions of Federal, State and Municipal safety, health and sanitation laws and codes, and shall otherwise furnish and employ such additional safeguards, safety devices, protective equipment and measures, and fire preventive and suppressive measures and equipment as shall be necessary for the protection of property and for the life and health of personnel. The CONTRACTOR shall, after receipt of notice of deficiencies, immediately correct the conditions to which attention has been directed. Such notice when served on the CONTRACTOR or their representative at the site of work shall be deemed sufficient.
If the CONTRACTOR fails or refuses to comply promptly with requirements, the CONTRACTING OFFICER may issue an order to suspend all or any part of the work. When satisfactory corrective action is taken, an order to resume work will be issued. No part of the time lost due to any such suspension order shall entitle the CONTRACTOR to any extension of time for the performance of the contract or to excess costs or damages.
The CONTRACTOR shall maintain an accurate record of and shall report to the CONTRACTING OFFICER in the manner and on the form prescribed by the CONTRACTING OFFICER, all cases of death, occupational disease or traumatic injury requiring medical attention or causing loss of time from work, or loss of or damage to property of the CONTRACTOR, the public, or the COUNTY arising out of or in the course of fires or employment incident to performance of work under this contract.
The CONTRACTOR shall conduct their operations, including those involving machinery and self-propelled vehicles and equipment in order to protect the lives and health of employees and other persons; prevent damage to property, materials, supplies, and equipment; and to avoid work interruptions; and the CONTRACTOR shall, in the performance of this contract, comply with the applicable provisions of Federal, State and Municipal safety, health and sanitation laws and codes, and shall otherwise furnish and employ such additional safeguards, safety devices, protective equipment and measures, and fire preventive and suppressive measures and equipment as shall be necessary for the protection of property and for the life and health of personnel. The CONTRACTOR shall, after receipt of notice of deficiencies, immediately correct the conditions to which attention has been directed. Such notice when served on the CONTRACTOR or their representative at the site of work shall be deemed sufficient.
If the CONTRACTOR fails or refuses to comply promptly with requirements, the CONTRACTING OFFICER may issue an order to suspend all or any part of the work. When satisfactory corrective action is taken, an order to resume work will be issued. No part of the time lost due to any such suspension order shall entitle the CONTRACTOR to any extension of time for the performance of the contract or to excess costs or damages.
The CONTRACTOR shall maintain an accurate record of and shall report to the CONTRACTING OFFICER in the manner and on the form prescribed by the CONTRACTING OFFICER, all cases of death, occupational disease or traumatic injury requiring medical attention or causing loss of time from work, or loss of or damage to property of the CONTRACTOR, the public, or the COUNTY arising out of or in the course of fires or employment incident to performance of work under this contract.
Specifications and also standards of associations, societies, and laboratories referred to in these specifications shall become a part of this contract and shall be considered as though incorporated herein. The latest edition or amendment of supplement thereto in effect on the latest bid invitation shall apply. Standards of associations, societies, and laboratories referred to in the specifications may be obtained directly from such organizations.
The COUNTY shall not be responsible for furnishing any drawing, specification, or published material not specifically identified in the Special Provisions of these specifications.
For the furnishing of all services as specified herein, the CONSULTANT shall be paid the total fee specified. After completion of work as requested and prior to final payment, the CONSULTANT shall furnish to the Contracting Officer, a release of claims/liens against the COUNTY arising out of the contract, other than claims specifically accepted from the operation of the release.
Progress payments to the CONSULTANT shall be made on the basis of monthly itemized invoices submitted for the actual percentage of physical work completed by the CONSULTANT and accepted by the COUNTY. Invoices shall include a description of the work, the percentage completed during the month, and the cost to date for each item of services performed; with the invoice, the CONSULTANT shall submit progress copies of plans, reports, specifications, details, etc. labeled as "PROGRESS PRINTS FOR INVOICE #__" and dated. The total of the progress payments shall not exceed ninety (90) percent of the total contract amount. The remaining ten (10) percent shall be paid upon completion of the contract.
Progress payments to the CONSULTANT will be due and payable thirty (30) calendar days after the COUNTY receives an acceptable invoice. In accepting payment of the fee represented by this invoice, the CONSULTANT acknowledges that they have no unsatisfied claim against the COUNTY arising out of this Contract and the CONSULTANT forever releases and discharges the COUNTY and its officers, agents, and employees from any past or future claim or demand whatsoever arising out of the direct or indirect operations of the CONSULTANT under this Contract.
All travel required to be performed in connections with the services including all meetings with COUNTY or any Government or Quasi-Government agencies, departments, hearings, discussions, explanations to be rendered under this contract shall be included in the fee and be at no additional expense to the COUNTY, unless authorized in writing by COUNTY prior to travel.
Refer to Insurance Section.
Refer to Insurance Section.
No signs or advertisements shall be displayed on the work site except with the prior approval of the CONTRACTING OFFICER.
The cost of all direct and indirect services, related services, surveys, photographs, aerial surveys, aerial photographs, tax maps, planning maps, traffic studies, supplies, testing of any land if required, compliance with regulations, laws, ordinances in effect, cost of interim documents and their reproduction as and when requested by COUNTY, shall be included in the fees and be at no additional cost to the COUNTY.
No signs or advertisements shall be displayed on the work site except with the prior approval of the CONTRACTING OFFICER.
The CONTRACTOR will not be permitted to do any work which requires the services of the COUNTY'S inspection supervisory forces on Saturdays, Sundays, or holidays unless otherwise authorized by the CONTRACTING OFFICER in writing. However, the CONTRACTOR, with verbal permission of the CONTRACTING OFFICER, may be permitted to perform on Saturdays and holidays, clean-up, and such other items for which no specific payment are involved. In cases of bona fide emergencies, sound judgment shall be exercised.
Except as may be otherwise provided in this contract, the contract price includes all applicable Federal, State, and Local taxes, and duties.
The CONSULTANT is hereby specifically prohibited from engaging in any activities which are, might be construed to be, or may give the appearance of a conflict of interest in the performance of this contract.
Except as may be otherwise provided in this contract, the contract price includes all applicable Federal, State, and Local taxes, and duties.
All work on improvements shall be subject to inspection by the CONTRACTING OFFICER during and upon completion of work and to approval and acceptance by such representative on behalf of the COUNTY, if said work is found to be in accordance with the CONTRACT.
When all work comprised in this contract has been completed, including cleanup and restoration, the CONTRACTOR shall so notify the CONTRACTING OFFICER in writing; the CONTRACTING OFFICER will then make a final inspection. When defects, errors, and omissions disclosed by the final inspection have been corrected, acceptance will be given in writing, but until such acceptance, the CONTRACTOR shall be responsible for the work covered by this contract.
A. The CONSULTANT must make payment to any subcontractor or vendor within 15 business days of receiving payment from the County for a CONSULTANT invoice submitted to the County that billed for services or commodities provided by that subcontractor or vendor.
B. CONSULTANTS may not impose retainage rates upon sub-contractors that are higher than those rates imposed upon the CONSULTANT by the County.
The CONTRACTOR will not be permitted to do any work which requires the services of the COUNTY'S inspection supervisory forces on Saturdays, Sundays, or holidays unless otherwise authorized by the CONTRACTING OFFICER in writing. However, the CONTRACTOR, with verbal permission of the CONTRACTING OFFICER, may be permitted to perform on Saturdays and holidays, clean-up and such other items for which no specific payment are involved. In cases of bona fide emergencies, sound judgment shall be exercised.
All work on improvements shall be subject to inspection by the CONTRACTING OFFICER during and upon completion of work and to approval and acceptance by such representative on behalf of the COUNTY, if said work is found to be in accordance with the CONTRACT.
When all work comprised in this contract has been completed, including cleanup and restoration, the CONTRACTOR shall so notify the CONTRACTING OFFICER in writing; the CONTRACTING OFFICER will then make a final inspection. When defects, errors, and omissions disclosed by the final inspection have been corrected, acceptance will be given in writing, but until such acceptance, the CONTRACTOR shall be responsible for the work covered by this contract.
The CONTRACTOR shall, immediately upon their discovery of any statement or detail which is discrepant, or which otherwise appears to be in error, bring the same to the attention of the CONTRACTING OFFICER for decision or correction. Full instructions will always be given such error or omission is discovered.
In cases where the CONTRACTOR desires to work in excess of the normal number of working hours per day and/or on designated COUNTY holidays, Saturdays, or Sundays, the CONTRACTOR shall submit such requests in writing to the CONTRACTING OFFICER at least three (3) days in advance of the requested extended working hour period. The CONTRACTOR shall include with the request the specific tasks or operations to be performed during the proposed period of extended working hours. The CONTRACTOR shall be responsible for all costs incurred by the COUNTY in providing superintendence and inspection services to accommodate the CONTRACTOR in working extended hours including premium time, quality control testing, per diem, and miscellaneous expenses. The COUNTY shall, with documentation, deduct the said monies for superintendence and inspection of the CONTRACTOR's work outside the normal working hours from payments due the CONTRACTOR. Said requested deductions shall not constitute a change or change order to the contract. The CONTRACTOR expressly agrees to the deductions from payments due in accordance with the following fee schedule (where applicable) for those services as deemed necessary by the COUNTY:
Engineer ................................up to $140.00 per hour
Inspector ................................up to $110.00 per hour
COUNTY Staff ..................... up to $80.00 per hour
Miscellaneous........................As Billed to the COUNTY
Quality Control Testing.........As Billed to the COUNTY
Other .....................................As Billed to the COUNTY
A. Federal law requires that employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States.
B. By submitting a quote/bid/proposal in response to this solicitation, the quoter/bidder/offeror/consultant certifies that no person will be employed on this project in any manner, including sub-CONSULTANT’s and suppliers, that is not eligible to work in the United States, or whose employment is in violation of State or federal law. The CONSULTANT has sole responsible for compliance with this requirement.
C. Violation of this requirement may result in termination of the Contract, a penalty of $1,000 per day or occurrence, whichever is higher, and/or reporting of the violation to the appropriate authorities.
The CONTRACTOR shall, immediately upon their discovery of any statement or detail which is discrepant, or which otherwise appears to be in error, bring the same to the attention of the CONTRACTING OFFICER for decision or correction. Full instructions will always be given such error or omission is discovered.
It is the spirit and intent of these documents, specifications, and of any drawing forming part of them, to provide that the work and all parts thereof shall be fully completed and suitable in every way for the purpose for which designed, and that all parts of the work shall be of a quality be of a quality comparable and consistent with the general quality of the facility being constructed. The CONTRACTOR shall supply all materials and do all work which reasonably may be implied as being incidental to the work of this contract.
It is the spirit and intent of these documents, specifications, and of any drawing forming part of them, to provide that the work and all parts thereof shall be fully completed and suitable in every way for the purpose for which designed, and that all parts of the work shall be of a quality be of a quality comparable and consistent with the general quality of the facility being constructed. The CONTRACTOR shall supply all materials and do all work which reasonably may be implied as being incidental to the work of this contract.
In case of an emergency, when work requiring supervision by the COUNTY or the CONTRACTOR is to be performed on Saturdays, Sundays, holidays or for longer than eight (8) hours per day, the CONTRACTOR shall request permission of the CONTRACTING OFFICER to do so. If, in the opinion of the CONTRACTING OFFICER, the emergency is bona fide, they will grant permission to the CONTRACTOR to work such hours as may be necessary. Also if, in the opinion of the CONTRACTING OFFICER, a bona fide emergency exists, they may direct the CONTRACTOR to work such hours as may be necessary whether the CONTRACTOR requests permission to do so or not.
Any provision specified elsewhere shall supersede the provisions contained in these General Provisions.
A. Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the CONTRACTING OFFICER who shall reduce their decision to writing and mail or otherwise furnish a copy thereof to the CONTRACTOR.
The decision of the CONTRACTING OFFICER shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, the CONTRACTOR mails or otherwise furnishes to the CONTRACTING OFFICER a written appeal addressed to the COUNTY. The decision of the COUNTY for determination of such appeals shall be final and conclusive. In connection with any appeal proceeding under this article, the CONTRACTOR shall be afforded an opportunity to be heard and to offer evidence in support of their appeal. Pending final decision of a dispute hereunder, the CONTRACTOR shall proceed diligently with the performance of the contract and in accordance with the CONTRACTING OFFICER'S decision.
B. This DISPUTES article does not preclude consideration of questions of law in connection with decisions provided for in Paragraph A above. Nothing in this contract, however, shall be construed as making final the decision of any administrative, official, representative, or board on a question of law.
A. Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the CONTRACTING OFFICER who shall reduce their decision to writing and mail or otherwise furnish a copy thereof to the CONTRACTOR.
The decision of the CONTRACTING OFFICER shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, the CONTRACTOR mails or otherwise furnishes to the CONTRACTING OFFICER a written appeal addressed to the COUNTY. The decision of the COUNTY for determination of such appeals shall be final and conclusive. In connection with any appeal proceeding under this article, the CONTRACTOR shall be afforded an opportunity to be heard and to offer evidence in support of their appeal. Pending final decision of a dispute hereunder, the CONTRACTOR shall proceed diligently with the performance of the contract and in accordance with the CONTRACTING OFFICER'S decision.
B. This DISPUTES article does not preclude consideration of questions of law in connection with decisions provided for in Paragraph A above. Nothing in this contract, however, shall be construed as making final the decision of any administrative, official, representative, or board on a question of law.
The CONTRACTOR will provide, erect, maintain and remove when directed: all barricades, staging, platforms, guards, etc., as required by local codes or laws, for protection of workmen, the public, or the environment. The construction and maintenance of these items shall comply with all applicable safety codes and regulations.
A. Federal law requires that employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States.
B. By submitting a quote/bid/proposal in response to this solicitation, the Quoter/Offeror/Bidder/Contractor certifies that no person will be employed on this project in any manner, including sub-contractors and suppliers, that is not eligible to work in the United States, or whose employment is in violation of State or federal law. The Contractor has sole responsible for compliance with this requirement.
C. Violation of this requirement may result in termination of the Contract, a penalty of $1,000 per day or occurrence, whichever is higher, and/or reporting of the violation to the appropriate authorities.
A. Federal law requires that employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States.
B. By submitting a quote/bid/proposal in response to this solicitation, the Quoter/Offeror/Bidder/Contractor certifies that no person will be employed on this project in any manner, including sub-contractors and suppliers, that is not eligible to work in the United States, or whose employment is in violation of State or federal law. The Contractor has sole responsible for compliance with this requirement.
C. Violation of this requirement may result in termination of the Contract, a penalty of $1,000 per day or occurrence, whichever is higher, and/or reporting of the violation to the appropriate authorities.
Before submitting his bid, the CONTRACTOR should visit the site and should confer with the owners of the facilities to determine the use and availability of existing water, sanitary facilities, electric power, and storage space, and to determine the extent to which the CONTRACTOR will be required to provide or supplement these and other necessary facilities at their own expense.
Where existing toilet facilities are not available, the CONTRACTOR shall provide and maintain in a sanitary condition, an enclosed fly-tight toilet located as directed by the CONTRACTING OFFICER.
Any provision specified elsewhere shall supersede the provisions contained in these General Provisions.
Any provision specified elsewhere shall supersede the provisions contained in these General Provisions.
The CONTRACTOR shall so conduct their operation as not to interfere with or endanger the ordinary use of existing structures, roads, utilities, and other facilities. The CONTRACTOR shall provide and maintain all temporary roadways which may be authorized and all control and safety devices necessary to maintain traffic, safety, and the optimum normal use thereof. Equipment, operations, and materials shall be confined to the limits defined by the CONTRACTING OFFICER.
The site of the work and facilities required to be constructed under the contract shall be maintained in a clean, orderly, and safe condition. Rubbish, surplus materials, and excess equipment shall not be permitted to accumulate during the progress of the work.
After each facility is completed and after all the work under the contract has been completed, the structure, facility, temporary facilities, barricades, toilets, and all the premises shall be left clean and, in a condition, satisfactory to the CONTRACTING OFFICER.
The CONTRACTOR shall restore at their expense any damage to any property, including damage to trees, shrubs, ground cover, and other vegetation, and the CONTRACTOR shall save and hold the COUNTY free from all claims for damages or injury to all persons or property caused or alleged to have been caused by the CONTRACTOR, their agents, employees, workmen, and subcontractors in the execution of this contract.
The CONTRACTING OFFICER, by issuance of a stop work order, may direct the CONTRACTOR to suspend any work that may be subject to damage because of weather conditions.
Certain items specified elsewhere in these specifications may be required to be of an approved type for the purpose intended, as determined by a nationally recognized organization adequately equipped and competent to perform the specific inspection and approval service by examination, inspection, tests, or a combination thereof.
Where such approval is required, the evidence of such approval shall be considered acceptable by the attachment to the article of the seal or label of the organization designated for the item specified, the inclusion by description and identification of such article in the current registry of approved items by the designated organization, or the issuance by the designated organization of a certificate acceptable to the COUNTY.
The CONTRACTOR shall conduct their operations, including those involving machinery and self-propelled vehicles and equipment in order to protect the lives and health of employees and other persons; prevent damage to property, materials, supplies, and equipment; and to avoid work interruptions; and the CONTRACTOR shall, in the performance of this contract, comply with the applicable provisions of Federal, State and Municipal safety, health and sanitation laws and codes, and shall otherwise furnish and employ such additional safeguards, safety devices, protective equipment and measures, and fire preventive and suppressive measures and equipment as shall be necessary for the protection of property and for the life and health of personnel. The CONTRACTOR shall, after receipt of notice of deficiencies, immediately correct the conditions to which attention has been directed. Such notice when served on the CONTRACTOR or their representative at the site of work shall be deemed sufficient.
If the CONTRACTOR fails or refuses to comply promptly with requirements, the CONTRACTING OFFICER may issue an order to suspend all or any part of the work. When satisfactory corrective action is taken, an order to resume work will be issued. No part of the time lost due to any such suspension order shall entitle the CONTRACTOR to any extension of time for the performance of the contract or to excess costs or damages.
The CONTRACTOR shall maintain an accurate record of and shall report to the CONTRACTING OFFICER in the manner and on the form prescribed by the CONTRACTING OFFICER, all cases of death, occupational disease or traumatic injury requiring medical attention or causing loss of time from work, or loss of or damage to property of the CONTRACTOR, the public, or the COUNTY arising out of or in the course of fires or employment incident to performance of work under this contract.
Refer to Insurance Section.
No signs or advertisements shall be displayed on the work site except with the prior approval of the CONTRACTING OFFICER.
Except as may be otherwise provided in this contract, the contract price includes all applicable Federal, State, and Local taxes, and duties.
Prior to turning over operation and maintenance of the facilities and equipment constructed or rehabilitated under this project, the CONTRACTOR shall furnish the CONTRACTING OFFICER with seven (7) complete (and approved by the CONTRACTING OFFICER) sets of operating and maintenance manuals, manufacturer’s instructions, factory drawings, and parts lists as required for the proper maintenance and operation of equipment and related facilities furnished and installed under the contract and shall also instruct COUNTY personnel in the operation and maintenance of all mechanical and electrical equipment installed under the contract.
Except where a longer period is established elsewhere in these specifications, all work including labor, materials, and equipment performed under this contract shall be guaranteed for a period of one (l) year from date of final acceptance of the contract by the COUNTY. All guarantees embraced in or required by this contract are subject to the terms of this provision unless otherwise expressly agreed in writing by the parties to the contract. During the term of the guarantee, the CONTRACTOR, when notified by the CONTRACTING OFFICER, shall promptly replace or put in satisfactory condition in every particular, any deficiency in the guaranteed work, and shall make good all damage to the structures and grounds, and to any other material, equipment, and property which are disturbed in fulfilling the requirements of the guarantee of which have been damaged because of the deficient work. In the event of failure by the CONTRACTOR to comply with these provisions within ten (10) work days following date of notification, the COUNTY may proceed to have such defects repaired and the CONTRACTOR and their surety shall be liable for cost incurred in connection therewith.
Before the first application for payment, the CONTRACTOR shall submit to the COUNTY a cost breakdown of the various portions of the work indicating: the estimated quantity of units of each portion of the work, the cost per unit of each portion, and the total aggregate cost of each portion. Profit and overhead shall be properly apportioned to each item and all unit and proportional costs shall aggregate the total CONTRACT sum, divided so as to facilitate payments to subcontractors. The cost breakdown shall be prepared in such form as the COUNTY may direct and be supported by such data to substantiate its correctness as the COUNTY may require. This breakdown, when approved by the COUNTY, shall be used only as a basis for the CONTRACTOR'S applications for payments.
Following receipt of the Notice to Proceed with the work and prior to commencement of on-site operations, the CONTRACTOR shall submit to the CONTRACTING OFFICER schedule(s) of their proposed operating and progress, showing the CONTRACTOR'S estimated starting and completion dates for each element of the work, in graphic form when required, and showing also the dollar value which the CONTRACTOR proposes to establish for each such element. Failure to submit this schedule, and to obtain approval thereof and to conform to construction progress therewith, will be considered cause for postponing approval of the CONTRACTOR'S payment requests. Both the schedule of progress and the dollar value will be subject to approval and modification by the CONTRACTING OFFICER. When required by the CONTRACTING OFFICER for purposes of determining the equitableness of the CONTRACTOR'S payment request, the CONTRACTOR shall furnish evidence satisfactory to the CONTRACTING OFFICER of the sums paid by the CONTRACTOR for materials, supplies, and other items of expense.
Where shop drawings, catalogs, schedules, samples and related material are specified to be submitted, and whenever required by the COUNTY to be submitted, the CONTRACTOR shall submit four facsimiles for review and approval, one of which will be returned to the CONTRACTOR when approved. If the CONTRACTOR wishes additional copies returned, he may submit more than four copies, in which case the extra copies will be returned to the CONTRACTOR. The shop and diagram drawings and schedules must show completely all the work to be done, and any error or omission in the construction work because of incomplete or erroneous shop drawings, diagram drawings, and schedules shall be corrected by the CONTRACTOR at their own expense, even though the work is in place. Unless specifically requested as an exception by the CONTRACTOR, and approved by the COUNTY in writing, the approval by the COUNTY of any shop drawings, catalog, schedule, sample, and related material is limited to compliance with the contract drawings and contract specifications, and such approval by the COUNTY will not relieve the CONTRACTOR of the responsibility for errors or for failure properly to coordinate all elements of the project affected by the submitted material. All submittals shall be clearly identified.
The COUNTY will make every effort to process all such submitted material as expeditiously as possible but it is the responsibility of the CONTRACTOR to present all such submittals at least two weeks in advance of their need for such approval, and in any event the COUNTY will entertain no request for a time extension to the contract resulting from a delay by the COUNTY in processing such submitted material unless the material is submitted in sufficient time to permit adequate review by the COUNTY commensurate with the complexity of the specific submittal. For shop drawing reviews in excess of two for each item, the COUNTY shall deduct from monies due the CONTRACTOR the cost incurred by the COUNTY for such additional reviews. When specified or requested by the CONTRACTING OFFICER, the CONTRACTOR shall submit a certificate executed by the manufacturer certifying that the materials or equipment to be incorporated in the work comply with the requirements of these specifications.
All work on improvements shall be subject to inspection by the CONTRACTING OFFICER during and upon completion of work and to approval and acceptance by such representative on behalf of the COUNTY, if said work is found to be in accordance with the CONTRACT.
When all work comprised in this contract has been completed, including cleanup and restoration, the CONTRACTOR shall so notify the CONTRACTING OFFICER in writing; the CONTRACTING OFFICER will then make a final inspection. When defects, errors, and omissions disclosed by the final inspection have been corrected, acceptance will be given in writing, but until such acceptance, the CONTRACTOR shall be responsible for the work covered by this contract.
The CONTRACTOR shall, immediately upon their discovery of any statement or detail which is discrepant, or which otherwise appears to be in error, bring the same to the attention of the CONTRACTING OFFICER for decision or correction. Full instructions will always be given such error or omission is discovered.
It is the spirit and intent of these documents, specifications, and of any drawing forming part of them, to provide that the work and all parts thereof shall be fully completed and suitable in every way for the purpose for which designed, and that all parts of the work shall be of a quality be of a quality comparable and consistent with the general quality of the facility being constructed. The CONTRACTOR shall supply all materials and do all work which reasonably may be implied as being incidental to the work of this contract.
A. Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement shall be decided by the CONTRACTING OFFICER who shall reduce their decision to writing and mail or otherwise furnish a copy thereof to the CONTRACTOR.
The decision of the CONTRACTING OFFICER shall be final and conclusive unless, within thirty (30) days from the date of receipt of such copy, the CONTRACTOR mails or otherwise furnishes to the CONTRACTING OFFICER a written appeal addressed to the COUNTY. The decision of the COUNTY for determination of such appeals shall be final and conclusive. In connection with any appeal proceeding under this article, the CONTRACTOR shall be afforded an opportunity to be heard and to offer evidence in support of their appeal. Pending final decision of a dispute hereunder, the CONTRACTOR shall proceed diligently with the performance of the contract and in accordance with the CONTRACTING OFFICER'S decision.
B. This DISPUTES article does not preclude consideration of questions of law in connection with decisions provided for in Paragraph A above. Nothing in this contract, however, shall be construed as making final the decision of any administrative, official, representative, or board on a question of law.
A. The CONTRACTOR must make payment to any sub-contractor or vendor within 15 business days of receiving payment from the COUNTY for a contractor invoice submitted to the COUNTY that billed for services or commodities provided by that sub-contractor or vendor.
B. CONTRACTORS may not impose retainage rates upon sub-contractors that are higher than those rates imposed upon the CONTRACTOR by the COUNTY.
A. Federal law requires that employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States.
B. By submitting a quote/bid/proposal in response to this solicitation, the Quoter/Offeror/Bidder/Contractor certifies that no person will be employed on this project in any manner, including sub-contractors and suppliers, that is not eligible to work in the United States, or whose employment is in violation of State or federal law. The Contractor has sole responsible for compliance with this requirement.
C. Violation of this requirement may result in termination of the Contract, a penalty of $1,000 per day or occurrence, whichever is higher, and/or reporting of the violation to the appropriate authorities.
Any provision specified elsewhere shall supersede the provisions contained in these General Provisions.
A qualified Quoter, Bidder, or Offeror must be actively engaged as a legal entity in the field of work described in Section 3.2 for a period of no less than ten (10) years at the due date for quote/bid/proposal.
Month/Day/Year as ##/##/####
(e.g.: "11/08/2015")
I certify that I have read, understood and agree to all the terms and conditions in this solicitation, and that I am authorized to submit this legally binding response on behalf of my company.
Quoters, Bidders, Offerors shall acknowledge receipt of all addenda and supplements issued by the County in the eProcurement Portal. If it becomes necessary to revise any part of this solicitation, a supplement to the solicitation will be issued formally via an addendum posted on the County eProcurement Portal. Oral statements made by the County personnel shall not bind the County and cannot be used to protest or otherwise challenge any aspect of this solicitation or subsequent agreement. It is the responsibility of the Quoter, Bidder, Offeror to check the County eProcurement Portal as frequently as necessary to obtain all updates and addenda to the solicitation.
Quoter, Bidder, Offeror shall acknowledge compliance with the following:
In order to be eligible for award, Quoter, Bidder, Offeror shall meet the following conditions prior to contract award.:
By submitting a quote, bid, proposal in response to this RFQ, ITB, RFP, the Quoter, Bidder, Offeror certifies their acceptance of all terms and conditions set forth within this document, which will be made a part of the final contract documentation. All work, if any, shown on the contract drawings, specifications, and reports referenced in the RFQ, ITB, RFP or any Appendices is made part of this solicitation package. Specifically, the Quoter, Bidder, Offeror also acknowledges the following:
The form is accessible when logged in to the eProcurement Portal. Download the below document, complete, and upload. Download the below document, complete, and upload.
Bidder/Offeror/Quoter must provide the number of projects successfully completed in the time period specified in the Solicitation Document(s), similar in nature and scope to the work required in the solicitation. “Completed” means accepted and final payment issued by the Owner. Firms which, in the sole opinion of the County, lack sufficient specific experience, may be deemed non-responsible, and will not be considered for this project. Incomplete forms or statements such as “See Attached” may be deemed non-responsive. This form may be duplicated if additional space is required. Letters of testament are desirable, but not required.
The form is accessible when logged in to the eProcurement Portal. Download the below document, complete, and upload. Download the below document, complete, sign, and upload.
The form is accessible when logged in to the eProcurement Portal. Download the below document, complete, sign where applicable, and upload.
The form is accessible when logged in to the eProcurement Portal. Download the below document, complete, and upload. Download the below document, complete, sign, notarize, and upload.
Please download the below documents, complete, and upload.
Upload your complete technical proposal package response, including any and all required forms listed in the solicitation and the corresponding attachments.
Refer to Section 3. - Technical Proposal Submission Content Section.
(Do not upload cost information)
Requests for Proposals and Requests for Qualifications only. If applicable, upload your complete redacted submission package, including any and all required forms listed in the solicitation and the corresponding attachments.
Offerors should give specific attention and identification of those specific portions of their submissions which they deem to contain confidential and/or proprietary information. Such information must be individually noted as being confidential or proprietary, either at that location, or in a separate consolidated listing contained within the bid/proposal/quote and provide justification of why the material should not be subject to disclosure by the County upon request under the Maryland Public Information Act. Offerors/ may not declare their entire bid/proposal/quote package to be confidential or proprietary. Failure to provide specific identification and justification may result in the County releasing the information if requested to do so.
Select all that apply.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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