Amendments to solicitations often occur prior to bid opening and sometimes within as little as 48 hours prior to bid opening. It is the potential bidder's responsibility to frequently visit the Procurement Portal at https://procurement.opengov.com/portal/baltimorecountymd to obtain amendments and any other solicitation information.
Baltimore County Bureau of Utilities is seeking qualified vendors to provide on-call liner repair services.
- Scope —
- It is the intention of these specifications that the vendor hereunder shall furnish and Baltimore County shall purchase services covered by this contract which the County may require during the period of time specified. The quantities shown are for the purpose of proposal evaluation.
- The County reserves the right to order services that may be required during the said period, and it also reserves the right not to order services bid upon by the vendor, if it is found that such services are not required by the County during the period covered by this contract.
- Scope of Services —
- It is the intention of these specifications that the Contractor hereunder shall furnish, purchase, install and repair geosynthetic liners and cap material as designed and specified by Baltimore County and its consultants Baltimore County Bureau of Solid Waste Facilities including but not limited to Eastern Sanitary Landfill, Hernwood Sanitary Landfill, Parkton Sanitary Landfill, and Texas Sanitary Landfill (now Central Acceptance Facility) for the Bureau of Solid Waste management. On a time and material or a lump sum basis
- The County reserves the right to order and purchase liner material directly from the supplier in lieu of being purchased by the Contractor.
- The County also reserves the right not to order repair services bid upon by the Contractor, if it is found that such repair services are not required by the County during the period covered by this contract.
- Contractor shall confirm the type and extent of liner damage as outlined by the County or the County’s Engineer of Record and provide recommendation for repair or replacement in writing as a quote broken down into labor and material costs showing markup. If repairs are not economical, contractor shall report to the County.
- For a new liner installation, the Contractor shall provide a quote for the full installation of liner on either a time and materials or lump sum basis as directed by the County. Installation shall be in accordance with Engineer of Record’s design drawings and specifications. Contractor shall include full scope of work, inclusions, and exclusions.
- General Requirements —
Coverages Required:
Unless otherwise required by the specifications or the contract, the Contractor/Vendor shall purchase and maintain the insurance coverages listed herein.
Insurance Companies must be acceptable to Baltimore County and have an A.M. Best Rating of A-, Class X or better.
Verification of Insurance:
Before starting work on the contract or prior to the execution of the Contract on those bid, the Contractor/Vendor shall provide Baltimore County, Maryland with verification of insurance coverage evidencing the required coverages.
Baltimore County as Additional Insured:
The coverage required, excluding Worker’s Compensation and Employers’ Liability and Medical Malpractice Liability/Professional Liability/Errors and Omissions Liability, must include Baltimore County, Maryland as an additional insured.
Contractor's/Vendor's Responsibility:
The providing of any insurance herein does not relieve the Contractor/Vendor of any of the responsibilities or obligations the Contractor/Vendor has assumed in the contract or for which the Contractor/Vendor may be liable by law or otherwise.
Failure to Provide Insurance:
Failure to provide and continue in force the required insurance shall be deemed a material breach of the contract.
- Term of Agreement —
- The term of the contract shall become effective when executed by the County and shall continue through one (1) year (the initial term). The County reserves the right to renew this contract for up to four (4) additional one-year renewal options under the same terms and conditions. The County will automatically renew the contract on each option year unless notice is given to the Contractor that the contract is not renewed.
- If price adjustments are requested pursuant to the terms of the contract, the Contractor must notify the Division of Purchasing Services at least ninety (90) days prior to the current term's expiration date.
- The Contractor must maintain the insurance coverages required by the County while the contract is in force, including automatic renewal terms, and shall provide documentation of such insurance in a form satisfactory to the County when required.
- Insurance Coverages —
- General Liability Insurance
- Minimum Limits of Coverage:
- Personal Injury Liability and Property Damage Liability Combined Single Limit - $1,000,000 each occurrence
- Such insurance shall protect the Contractor/Vendor from claims which may arise out of, or result from, the Contractor's/Vendor's operations under the contract, whether such operations be by the Contractor/Vendor, any subcontractor, anyone directly or indirectly employed by the Contractor/Vendor or Subcontractor, or anyone for whose acts any of the above may be liable.
- Minimum Coverages to be Included:
- Independent Contractor's coverage;
- Completed Operations and Products Liability coverage; and
- Contractual Liability coverage.
- Damages not to be Excluded:
Such insurance shall contain no exclusions applying to operations by the Contractor/Vendor or any Subcontractor in the performance of the Contract including but not limited to: (a) Collapse of, or structural injury to, any building or structure; (b) Damage to underground property; or (c) Damage arising out of blasting or explosion.
- Automobile Liability Insurance
- Minimum Limits of Coverage:
Bodily Injury Liability and Property Damage Liability
Combined Single Limit - $1,000,000 any one accident - Minimum Coverages to be Included:
Such insurance shall provide coverage for all owned, non-owned and hired automobiles.
- Workers' Compensation and Employers' Liability Insurance
- Such insurance must contain statutory coverage, including:
Employers' Liability insurance with limits of at least:
Bodily Injury by Accident - $1,000,000 each accident
Bodily Injury by Disease - $1,000,000 policy limit
Bodily Injury by Disease - $1,000,000 each employee
- Other
Such other insurance in form and amount as may be customary for the type of business being undertaken by the Contractor/Vendor.
- Term of Agreement —
- The term of the contract shall become effective when executed by the County and shall continue through one (1) year (the initial term)..
- If price adjustments are requested pursuant to the terms of the contract, the Contractor must notify the Baltimore County Purchasing Division of at least ninety (90) days prior to the current term's expiration date.
- The Contractor must maintain the insurance coverages required by the County while the contract is in force, including automatic renewal terms, and shall provide documentation of such insurance in a form satisfactory to the County when required.
- Prices —
- Prices quoted must remain firm for the period covered by the contract, unless price escalation is herein specified. Prices quoted shall include delivery costs and charges.
- Estimated Contract Value —
The estimated value for this contract is $____ during the entire term of the Agreement, including renewals thereof.
- Audits —
At any time during the normal business hours and as often as the County may deem necessary, the Contractor shall make available to and permit inspection by the County, its employees or agents, all records information and documentation of the contractor related to the subject matter of this contract, including, but not limited to, all contracts, invoices, payroll, and financial audits.
- Additions to the Contract —
- Baltimore County reserves the right to add additional services to this contract at any time during the term of this agreement. The Contractor will be notified of the County’s intent to include said services within the constraints of this agreement. The Contractor shall quote a price for the requested services. The quote shall be submitted in writing to the Purchasing Agent for review. Baltimore County reserves the right to accept or reject the Contractor’s proposal. If rejected, the County shall solicit bids on the open market for the required services. Award of new services to a current contractor’s agreement shall conform to the intent of the solicitation under section titled METHOD OF AWARD. Successful bidder will be notified in writing of the inclusion of the new services.
- Unit of Measure —
The unit of measure for prices quoted must agree with the unit of measure provided on the bid form. Math extensions will be verified and bids will be rejected if units of measures are not compatible.
EXAMPLE: When an item is packaged 4 per box.
| | EST. QTY. | UNIT OF MEASURE | UNIT PRICE | TOTAL | |
| 1 | 4 | each | $5.00/ea | $20.00 | Acceptable |
| 2 | 4 | each | $20.00/box of 4 | $20.00 | Unacceptable |
- Samples —
- The successful bidder may be required to furnish samples for evaluation prior to award. Samples furnished must conform exactly to the specifications herein unless otherwise specified by the buyer. Samples furnished with deviations must be clearly marked. When required, samples shall be furnished within seven (7) calendar days upon request. Samples not provided in accordance with the specifications or within the time specified may result in rejection of the bid.
- The successful bidder's samples may be retained pending delivery, for comparison with products delivered under the contract.
- Samples will not be returned unless the vendor indicates the requirement to do so at the time the sample is furnished, and then only at the vendor's expense. Failure to arrange for pick up of released samples within thirty (30) calendar days will result in disposal of the samples.
- Purchase Orders —
- Purchase orders will be issued from time to time by the purchasing agent for such quantities as to satisfy requirements of the County. Specific quantities and delivery information will be indicated on purchase orders. Each purchase order will refer to the supplier contract number. Purchase orders issued within the term of the contract, even if not completed within the term of the contract, shall continue to be bound by the terms and conditions herein.
- Purchase Orders and Procurement Cards —
Orders exceeding $2,500 in total will be placed via purchase order by the purchasing agent. Any orders under $2,500 will be placed by telephone by the using agency and shall be charged directly to agency's procurement cards. Purchase orders issued within the term of this contract, even if not completed within the term of this contract, shall continue to be bound by the terms and conditions herein.
- Cooperative Purchase —
- The County reserves the right to extend all of the terms, conditions, specifications, and unit or other prices of any contract resulting from this proposal to any and all public bodies, subdivisions, school districts, community colleges, colleges, and universities including non-public schools. This is conditioned upon mutual agreement of all parties pursuant to special requirements which may be appended thereto. The Contractor agrees to notify the issuing body of those entities that wish to use any contract resulting from this proposal and will also provide usage information, which may be requested.
- The County assumes no authority, liability or obligation, on behalf of any other public or non-public entity that may use any contract resulting from this proposal. All purchases and payment transactions will be made directly between the contractor and the requesting entity. Any exceptions to this requirement must be specifically noted in the bid/proposal response.
- Multi-Agency Procurement —
- Baltimore County reserves the right to extend the terms and conditions of this contract to any and all other County agencies requiring these commodities and/or services. A purchase order will be issued against the original supplier contract, confirming the contracted pricing and giving quantity and delivery requirements.
- Volunteer Fire Department Code —
The vendor of this contract shall extend the same prices, terms and conditions to all Baltimore County Volunteer Fire Departments requiring these commodities and/or services. Any additional charges for deliveries to Volunteer companies must be negotiated with the individual companies. Baltimore County Fire Department and the Office of Budget and Finance are not responsible for payment of invoices for the Volunteer Fire Departments. All purchase and payment transactions will be made directly between the Vendor and the Volunteer Fire Departments.
- Escalation (MANUFACTURER DOCUMENTATION) —
- All unit prices offered herein shall be firm against any increase for one (1) year from effective date of the contract. After this date, it shall be the vendor's responsibility to notify the Buyer in advance of any anticipated changes in prices and submit a request for a price increase by furnishing bona-fide manufacturer's documents or price list reflecting the changes. Increases shall be limited to the actual cost increase to the vendor.
- The County reserves the right to accept or reject within 14 days after the request for a price increase. If the price increase is rejected, the specific item in question will be canceled. If the price increase is approved, the price will remain firm for one (1) year from the date of the increase.
- Escalation (CONSUMER PRICE INDEX) —
- All unit prices offered herein shall be firm against any increase for one (1) year from the effective date of the contract. Prior to commencement of subsequent renewal terms, the County may entertain a request for escalation in accordance with the current Consumer Price Index at the time of the request or up to a maximum 5% increase on the current pricing, whichever is lower.
- For purposes of this section, “Consumer Price Index” shall mean the Consumer Price Index-All Urban Consumers-United States Average-All Items (CPI-U), as published by the United States Department of Labor, Bureau of Labor Statistics.
- The County reserves the right to accept or reject the request for a price increase within fourteen (14) days. If the price increase is approved, the price will remain firm for one (1) year from the date of the increase.
- Published Price Sheets —
This contract will allow price sheet fluctuation. The discount quoted shall remain firm for the term of this contract. It shall be the vendor's responsibility to furnish the Purchasing Division any changes in the price sheets. The price sheet must be kept current. Upon award of the agreement, the successful vendor shall provide the price sheets in electronic format to the Purchasing Division.
- Deliveries —
- Deliveries shall be made promptly. If deliveries are not made within thirty (30) days after receipt of order, the Purchasing Agent reserves the right to procure the supplies/services elsewhere on the open market, in which event, the extra cost of procuring the supplies/services may be charged against the Contractor and deducted from any monies due or which may become due it.
- If the Contractor is unable to supply requested supplies/services within the designated time, due to factory delay, strike or any unforeseen circumstances, the Contractor must notify the Buyer of the delay and the anticipated delivery date. Failure to comply with this requirement will result in a poor performance rating which is considered in subsequent awards.
- Failure to meet delivery date and to provide supplies/services as specified may result in written termination of the contract.
- Liquidated Damages —
Due to the critical nature of this requirement, liquidated damages resulting from failure to meet the delivery date shall be charged against the vendor at a rate of $0 per calendar day for each day delivery is not made in accordance with the schedule. The assessed amount, if any, will be deducted from the final invoice.
- Packaging —
Packaging shall be in accordance with the best commercial practices for proper protection. All materials must be securely containerized in metal/plastic containers. The interior of the container must be of such material so that the chemical components of the product do not adversely affect the container for the shelf life of the product. All containers shall be labeled indicating content and instructions for proper use.
- Recycled Components —
Bidders must indicate what, if any, percentage of the products provided or used in performing this contract contain recycled components.
- Material Safety Data Sheet —
- If the product herein described contains any ingredient or if the work to be performed under this contract requires the use of any product which contains any ingredient that could be hazardous or injurious to a person's health, a Material Safety Data Sheet (MSDS) must be provided to the Division of Purchasing Services, Room 148, Courthouse, 400 Washington Avenue, Towson, MD 2l204-4665.
- Funding Out —
If funds are not appropriated or otherwise made available to support contract continuation in any fiscal year, the County shall have the right to terminate the contract without any obligation or penalty.
- Equivalents —
Equivalent items will be considered provided descriptive literature and specifications accompany bid. Acceptability of equivalent items is determined by the Purchasing Agent.
- Contractor Qualifications —
- At the option of the County, offerors may be required to furnish evidence of sufficient financial responsibility to fulfill this contract, and evidence that they have, or can obtain the necessary equipment, manpower, and storage facility to ensure delivery within the parameters of this contract.
- Prior to award of this contract, the County reserves the right to inspect the facilities of any offeror. The reputation of offerors regarding adequacy of their resources and facilities, and past records of their skillful performance of work of the type and magnitude required herein shall be considered when making the award.
- Background Checks —
Criminal background checks must be procured and provided to the County, at no cost to the County, for any and all Vendor or subcontractor personnel that have the ability to view or access any County data. The Vendor must provide copies of such background checks to the County before any such personnel will be permitted to access the County's data. If such background check is not provided to the County, or is determined to be unacceptable, the County reserves the right to require the Vendor or subcontractor to provide alternate personnel. In addition, failure to provide such background check may be deemed to be a default under the contract.
- Training —
If deemed necessary by the County, the vendor will be asked, as indicated below, to instruct County employees in the maintenance and operation of the unit(s). The facilities and the minimum required number of instruction days are listed below.
| Facility | Hours of Instruction |
| | |
- Field Measurements —
Each bidder must visit the installation site in order to take all measurements that are required. Sizes listed are only approximate if shown. The act of submitting a bid is to be considered acknowledgment by the bidder that they have visited the site, taken field measurements and are familiar with the conditions and requirements affecting the work. Failure to do so will not relieve the successful bidder of his obligation to furnish all materials and labor necessary to carry out the provisions of the contract and to complete the work for the consideration set forth in this bid. Vendors shall be responsible for prompt removal of all debris resulting from the work performed under this contract. Vendors may contact # to arrange an appointment for taking measurements.
- Temporary Suspension of Work —
During the progress of any job, the Contractor may suspend work via written permission of the Engineer, wholly or in part, for such period or periods as the Engineer may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the suitable prosecution of the work. If it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede traveling public unnecessarily, nor become damaged in any way, and the Contractor shall take every precaution to prevent damage or deterioration of the work performed, and erect temporary structures where necessary. When conditions permit resumption of work, the Contractor shall notify the Engineer # hours in advance and shall proceed with the work only when and if authority is granted by the Engineer. Any work performed without approval by the Engineer will be at the Contractor’s risk, and the Contractor shall be held liable for removal of any such work.
- Applicable General Conditions and Specifications —
All work performed under this contract shall be done under strict compliance with the General Conditions and Specifications, and with the “Baltimore County Standard Specifications for Construction and Materials” dated February 2000, “Supplemental Specification to the Standard Specification and Materials” dated December 1, 2000 and May, 2000, and subsequent addenda thereto, so far as the same may be applicable, a copy of the same being on file in the Office of the County Executive, the Office of the Director of Public Works for Baltimore County. The General Conditions, Specifications, and Design/Build Standard Specifications sections are in addition to the County’s Standard Specifications for Construction. In the event of a conflict between the two, the General Conditions and Specifications Section, and Standard Terms and Conditions for the solicitation will take precedence.
- Steel —
- All steel must be in prime condition, rust and scale free and manufactured in the United States of America. Notarized Certificate of Compliance must accompany shipment.
- Award will be made on a total basis, however, each item must be priced in the unit of measure specified. NO PER CWT.
- Prevailing Wage and Local Hire —
The Contractor and all Subcontractors must comply with the Prevailing Wage Law and Local Hiring Requirements contained in Baltimore County Code § 10-2-506 and § 10-2-507, respectively, as amended. Prevailing wage means the wage rate paid by employers that is determined by a governmental authority, based upon a particular geographic area, for a given class of labor and type of project. The County will use the prevailing wage established by the State of Maryland Commissioner of Labor and Industry for state funded construction contracts in the county at the time of award. These rates include the basic hourly rate and fringe benefits. Apprentices must be paid at least the rate that the state’s apprenticeship and training council sets for an apprentice in the trade involved, based on a percentage of the prevailing wage rate in that trade. Any Contractor that is subject to the prevailing wage or local hiring law will be required to agree to the below provisions:
- For the purposes of these requirements, an employee means an apprentice, laborer or mechanic employed by a contractor or subcontractor on a capital improvement project with a value of over $300,000 and a County-subsidized capital project with a value over $5,000,000.
- Capital Improvement Project does not include blanket order or open end agreements, capital improvement projects subject to a federal or state prevailing wage law, awarded without competition; with another governmental entity; to the extent the contractor is precluded from compliance by the terms of any federal or state law, contract or grant; entered into pursuant to Baltimore County Code § 10-2-310(e); entered into as a joint or cooperative purchase or entered into as an emergency purchase.
- The purpose of a prevailing wage is to ensure that contractors institute local hiring practices for Capital Improvement contracts and Capital Projects under certain circumstances as required by law, and that the Contractor’s employees who work on capital improvement contracts are paid the going rate for their services. The prevailing wage rates are established by the State of Maryland Department of Labor and apply to all of the Contractor’s employees and any and all Subcontractors. The Contractor and all Subcontractors must comply with all of the requirements of the Prevailing Wage Law including, but not limited to, the following:
- Pay employees the prescribed rate as annually established by the State of Maryland Commissioner of Labor and Industry; the prevailing wage rates in effect on the date a solicitation is issued will apply throughout the term of a contract resulting from that solicitation. Contractor or subcontractor may NOT split or subdivide a capital improvement contract, pay an employee through a third party, treat an employee as a subcontractor or independent contractor to avoid any requirement of the County’s prevailing wage law; or employ an individual classified as a helper or trainee to perform direct and measurable work on a capital improvement contract.
- Pay employees at a rate equal to or more than the prevailing wage rate currently in effect for the type of work performed
- Pay employees overtime for work (I) more than eight hours in any single calendar day; (II) more than 40 hours in a work week; or (III) on a Sunday or a legal holiday.
- Classify employees in their proper work classification in conformance with the schedule established by the State of Maryland Commissioner of Labor and Industry.
- May only make fair and reasonable deductions that are (1) required by law; (2) authorized in a written agreement between an employee and contractor or subcontractor signed at the beginning of employment that concerns food, sleeping quarters, or similar items; and submitted by the contractor or subcontractor to the Director of the County’s Prevailing Wage Program; or required or allowed by a collective bargaining agreement between a bona fide labor organization and a contractor or subcontractor.
- Electronically submit a certified copy of payroll records through https://baltimorecounty.prismcompliance.com/ within 14 days after the end of each payroll period, to verify that Prevailing Wage rates have been paid to employees.
- Payroll records shall contain a statement signed by the contractor or subcontractor certifying that the payroll records are complete and correct; the wage rates are not less than required by the Prevailing Wage law; and the rate of pay and classification for each employee accurately reflects the work the employee performed.
- All payroll records shall include the name, address, telephone number and email address of the contractor or subcontractor; the name and location of the job; and each employee’s name, current address, unless previously reported; specific work classification; daily basic time and overtime hours; total basic time and overtime hours for the payroll period; rate of pay; fringe benefits by type and amount; and gross wages. Late submission of copies of any payroll records may be deemed deficient by the County until the required records are provided, and the County may postpone processing payments due under the Contract or under an agreement to finance the Contract.
- Submit to random or regular audits and investigation of any complaint of a violation of the County’s prevailing wage and local hiring laws and requirements.
- Make best efforts to fill at least 51% of new jobs required to complete the capital improvement contract or capital project with Baltimore County residents.
- Agree that any and all disputes will be handled as set forth in the County’s Prevailing Wage and Local Hiring laws as a condition of award
- Submit monthly reports on the form designated by and to the Director of the Department of Economic and Workforce Development relating to local hiring with respect to a capital improvement contract over $300,000 and County-subsidized capital project receiving assistance over $5,000,000 that includes 1) the number of new hires needed for the contract or project, 2) the number of County residents hired during the reporting period, 3) the total number of all employees hired during the contract period, 4) best efforts made to fill open positions with County residents, and 5) for new hires name, last four (4) digits of the social security number, job title, hire date, address and referral source.
- In the event the County determines that a provision of the Prevailing Wage Law has been violated, the County shall issue a written decision, including appropriate sanctions, and may withhold payment due the Contractor in an amount sufficient to pay each employee of the Contractor or any Subcontractors the full amount of wages due under the Prevailing Wage Law, and an amount sufficient to satisfy a liability of a Contractor for liquidated damages as provided under the Prevailing Wage Law, pending a final decision on the violation by the County. The Contractor may appeal a written decision of the Director of Economic and Workforce Development to the Office of Administrative Hearings (“OAH”), that the Contractor violated a provision of the Prevailing Wage Law, within ten (10) working days after receiving a copy of the decision. OAH will conduct a hearing upon the receipt of a timely appeal. If no appeal, the decision of the Director of Economic and Workforce Development or his designee becomes final. A Contractor who is found to have violated the provisions of the Prevailing Wage or Local Hiring laws intentionally, may not be awarded a County contract or work on any County project for a period of one year from the date of the OAH determination.
- May not discharge, or otherwise retaliate against, an employee for asserting any right under the Prevailing Wage Law or for filing a complaint of a violation;
- An aggrieved employee is a third-party beneficiary of this Contract and may by civil action recover the difference between the prevailing wage for the type of work performed and the amount actually received, with interest and a reasonable attorney’s fee.
- Each Contract subject to the Prevailing Wage Law may specify the payment of liquidated damages to the County by the Contractor for any noncompliance with the Prevailing Wage Law. Liquidated damages are:
- $10 for each calendar day that the payroll records are late; $20 for each day that an employee is misclassified and paid less than the prevailing wage rate; and a civil penalty $50 per violation of the requirement to post the prevailing wage rates at the work site.
- These liquidated damages are solely related to prevailing wage and local hiring compliance and do not negate any other remedies available or set forth in the Contract, including delay damages or actual damages. These remedies are separate, in addition to, and not in lieu of any remedies available and set forth in the Contract for other breaches or defaults under the Contract.
- Where the initial Contract Sum is $300,000 or below, but it is subsequently increased and exceeds $300,000 due to an approved Contract Modification, the amount of any such Contract Modification that causes the Contract Sum to exceed $300,000 is subject to the Prevailing Wage Law and Local Hiring requirements.
- The Contractor and all Subcontractors must post a clearly legible statement of each prevailing wage rate in a prominent and easily accessible place at the Work Site during the entire time Work is being performed, in English and any other language that is primarily spoken by the employees, at the Work Site.
- MBE/WBE and/or Economic Benefit Factor —
The Economic Benefit Factor is included to determine if there are any new jobs being created or provides social responsibility to Baltimore County (as first preference) and/or Maryland its constituents. Examples of economic benefits to be derived from a contract shall include any of, but not limited to, the following. For each factor identified below, identify the specific benefit and contractual commitments and provide a breakdown of expenditures in that category:
- The number and types of jobs for Baltimore County and/or Maryland residents resulting from the Contract. Indicate job classifications, number of employees in each classification and aggregate payroll to which the Offeror has committed, including contractual commitments at both prime and, if applicable, subcontract levels. If no new positions or subcontracts are anticipated as a result of this Contract, so state explicitly;
Placement or employment in High Growth Areas of Employment
Retention and Average Earnings – Fiscal Performance
Serving Veterans
Strengthen Local Workforce Economy
- Subcontract dollars committed to Baltimore County and/or Maryland minority-owned and women-owned businesses,
- Other benefits to the Baltimore County and/or Maryland economy which the Offeror promises will result from awarding the Contract to the Offeror, including contractual commitments. Describe the benefit, its value to the Baltimore County and/or Maryland economy, and how it will result from, or because of the Contract award. Offerors may commit to benefits that are not directly attributable to the Contract, but for which the Contract award may serve as a catalyst or impetus, and
- Provide your firm’s policies with regards to the commitment to social responsibility. Submit examples. Include any examples in the Baltimore County vicinity.
- Guarantee —
All materials furnished and installed under this contract shall be guaranteed for a period of one (1) year against any and all defects in material, workmanship, and installation from the date of acceptance of the system by Baltimore County.
- Bid Deposit Requirements —
- Bid deposit shall be required when indicated on bid proposal. Failure to submit such check or bond when required will nullify bid.
- When specified, bids must be accompanied by either a Certified Check, Cashier's Check, Treasurer's Check or U.S. Money Order for five percent (5%) of the amount of the bid; or a Bid Bond for five percent (5%) of the amount of the bid, executed on the attached approved form. Only the bid bond form provided by the County will be acceptable and must be completed by a surety company duly licensed under the Laws of the State of Maryland.
- Checks or money orders will be returned to unsuccessful bidders upon the award of the solicitation, and to successful bidders upon execution of the contract(s) and the meeting of bond requirements, if applicable.
- Nonperformance by a successful bidder, or his failure to execute the agreement or meet bond requirements within fifteen (15) calendar days after the award, may result in his deposit being forfeited to the County as liquidated damages.
- "Sample" Form Contract —
- A sample of the County’s form contract may be found on the Baltimore County website at https://www.baltimorecountymd.gov/departments/budfin/purchasing/opportunities-bid-results-and-active-contracts. The vendor’s submission without identifying exceptions expressly acknowledges and formally evidences the vendor’s acceptance of all terms and conditions of the form contract. Any and all exceptions must be submitted in writing in the Vendor’s response.
- If the Vendor submits an exception, which alters the County’s risk, liability, exposure in, or the intent of this procurement, the County reserves the right in its’ sole and absolute discretion to deem the vendor non-responsive.
- All Vendors further understand and agree that the County will accept no vendor exceptions to the form contract at any time after submission.
- RFP Electronic Submittal Process —
- The cost of preparing Offers is the responsibility of Offerors.
- To be considered, Offers shall be received by the bid closing date and time through the Procurement Portal. Offers may not be submitted by any other means. Offers that are mailed or otherwise delivered to the Purchasing Division (including emails which indicate links to locations where the offer may be downloaded) and/or emails sent to any other Baltimore County email address will not be accepted.
- Technical and Price Proposals are to be submitted separately. There shall be no reference to the price of products and services in the Technical Proposal. All timely proposals become the property of County.
- The Technical and Price Proposal should be submitted in accordance with the Vendor Questionnaire.
- Late Proposals will not be considered. Offerors are strongly encouraged not to wait until the last minute to submit proposals. The time stated by OpenGov will be definitive of the time of receipt. Proposals received after the deadline will not be accepted. Multiple part Proposals will not be considered unless all parts are received by the bid closing date and time.
- Proposals should be prepared simply and economically, providing a straightforward, concise description of the offer, and all required information.
- Each Proposal shall be accompanied by an executed procurement affidavit in the Technical Proposal which is provided by the Purchasing Division in the solicitation package, through the Vendor Questionnaire.
- After submitting a Proposal through the Procurement Portal, and upon successful receipt by the County thereof, Offeror will receive an auto-receipt email. This receipt is proof that the Proposal has been received by the Purchasing Division and should be retained for Offeror’s records.
- As with any system, power outages or technology problems may arise that are outside of the County’s control and could affect your submission. The County will not be held accountable for such issues that may delay the transmission of any Proposal.
- The County reserves the right to waive minor irregularities in conjunction with Proposals.
- Electronic Submittal Process —
- The cost of preparing Offers is the responsibility of Offerors.
- To be considered, Offers shall be received by the bid closing date and time. Offers may not be submitted by any other means. Bids that are mailed or otherwise delivered to the Purchasing Division (including emails which indicate links to locations where the bid may be downloaded) and/or emails sent to any other Baltimore County email address will not be accepted.
- Late Offers will not be considered. Offerors are strongly encouraged not to wait until the last minute to submit proposals. The time stated by OpenGov will be definitive of the time of receipt. Proposals received after the deadline will not be accepted. Multiple part Proposals will not be considered unless all parts are received by the bid closing date and time.
- After submitting an Offer through the Procurement Portal, and upon successful receipt by the County thereof, Offeror will receive an auto-receipt email. This receipt is proof that the Proposal has been received by the Purchasing Division and should be retained for Offeror’s records.
- As with any system, power outages or technology problems may arise that are outside of the County’s control and could affect your submission. The County will not be held accountable for such issues that may delay the transmission of any Bid.
- The County reserves the right to waive minor irregularities in conjunction with Bids.
- Pre-Bid Conference —
- A pre-bid teleconference is scheduled for NO VALUE at NO VALUE, NO VALUE. Prospective Offerors should contact the Buyer at amcbee1@baltimorecountymd.gov to be added to the registration list for the teleconference. The deadline to register for the Pre-Proposal conference is January 20, 2025 at 9:00 a.m.
- The purpose of the conference is to clarify any parts of the solicitation and answer questions which may be pertinent to the request. Any significant changes to the solicitation as a result of the discussions at the pre-proposal conference will be posted by amendment.
- INCLEMENT WEATHER NOTICE: In the case of inclement weather, please check the Baltimore County website for notice of County Office closings, delayed opening or granting of Liberal Leave. If any of these conditions exist on the day of the pre-proposal meeting, the meeting will be rescheduled at a later date.
- Insurance —
- The Contractor will be required to provide verification of insurance coverage to include Endorsement Page(s) for each carrier in accordance with the attached requirements. The Contractor will have fifteen (15) calendar days from receipt of notice of intent to award in which to comply with this requirement, excluding County holidays and non-work days, if applicable.
- The Insurer must maintain the insurance coverage required by the County while the contract is in force, including renewal terms, and shall provide documentation of such insurance in a form satisfactory to the County when required.
- In the event the Contractor changes its insurance carrier, new verification of insurance coverage and Endorsement Page(s) must be provided to the County by the new insurance carrier within ten (10) days of the change of policy.
- County Holidays —
- New Year's Day
- MLK, Jr. Birthday
- Presidents' Day
- Memorial Day
- Juneteenth Day
- Independence Day
- Labor Day
- Indigenous People’s Day
- General Election Day (each even year)
- Veterans' Day
- Thanksgiving Day
- Christmas Day
- Bonds —
- The Contractor shall be required to give both a performance and payment bond, each in the amount of the contract, conditioned that it shall comply in all respects with the terms and conditions of the contract and the Contractor’s obligations thereunder, including the specifications.
- In the event your company is unable to qualify for bonding through a traditional commercial surety company, you may qualify for the required bonds through the State of Maryland, Department of Commerce (DOC).
- The Maryland Small Business Development Financing Authority (MSBDFA, pronounced Mis-Bid-Fa), an agency of DOC, operates a Surety Bond Program designed to assist small businesses, based in Maryland, that are unable to obtain adequate bonding on reasonable terms in the commercial marketplace. MSBDFA provides bid, payment and performance bonds for contracts funded by government agencies, regulated utilities and private entities. The penal sums of the bonds are limited to the aggregate amount of $2,500,000 and companies may pre-qualify for multiple bonds within pre-approved terms and conditions.
- For more information on how to apply, you may contact: Meridian Management Group, Inc. (MMG), (the Program’s Manager), 826 E. Baltimore Street, Baltimore, Maryland 21202, Telephone 410-333-2470. Or visit their website at www.mmggroup.com for information, applications and a checklist of required documents and reports that must accompany the application.
- Delivery - Vehicles —
Baltimore County will not accept direct factory drop shipments. The successful bidder must inspect, clean, lubricate, front end align and pre-delivery service each unit prior to final delivery. The units must be ready for immediate use.
- Delivery Services —
The successful bidder must inspect, clean, lubricate, and pre-delivery service each unit prior to final delivery. The units must be ready for immediate use. Baltimore County will not accept direct factory drop shipments.
- Method of Award —
- Award of this contract may be in whole or in part, in accordance with Sec. 10-2-406 of the Baltimore County Code, 2015, as amended. The County reserves the right to make multiple awards, on an individual item basis, combination item basis or lump sum basis, whichever is in the best interest of the County, effectively the lowest responsive, responsible bidders. Past performance of bidders in furnishing goods and services to Baltimore County will be considered in determining the award.
- If multiple awards are made, it is the intention of Baltimore County to issue work equally to all contractors in a general rotation, however, the assignment of work shall be at the sole discretion of Baltimore County. Any claim of any contractor against the County for extra compensation or damages, arising out of the assignment of work by the County, shall be deemed to have been waived by all contractors. In addition, the County reserves the right to award individual jobs on a specific rotation basis, based on demonstrated areas of experience and expertise, or based on job location.
- Buy America Apparel and Safety Equipment —
The bidder hereby agrees that all apparel and safety equipment purchased will be and/or have been produced in the United States unless a waiver of these requirements is approved based on the following:
The item is not manufactured or available for purchase in the United States or is not manufactured or available in reasonable quantities,
The price of the item manufactured in the United States exceeds the price of a similar item not manufactured in the United States by an unreasonable amount, or
The quality of the item manufactured in the United States is substantially less than the quality of a similar item not manufactured in the United States.
The bidder must provide in their bid package any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of these requirements, as required by Baltimore County.
- Compliance With Federal and State Confidentiality Law —
- The Contractor acknowledges its duty to become familiar with and comply, to the extent applicable, with all laws and regulations including, but not limited to, the federal Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. §§ 1320 et seq., as the same may be amended from time to time and implementing regulations including, but not limited to, 45 CFR Parts 160 and 164, as the same may be amended from time to time, the Maryland Confidentiality of Medical Records Act (MCMRA), Md. Code Ann. Health-General §§4-301 et seq., as the same may be amended from time to time, and the Health Information Technology for Economic and Clinical Health (HITECH) Act, Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (ARRA), Pub. L. No. 111-5 (February 17, 2009), as amended. This obligation includes but is not limited to:
- As necessary, adhering to the privacy and security requirements for protected health information and medical records under federal HIPAA, HITECH, and State MCMRA and making the transmission of all electronic information compatible with the federal requirements; and
- Providing good management practices regarding all health information and medical records.
- The Contractor must execute a business associate agreement, when and if required by federal or state laws and/or regulations, as the same may be amended from time to time.
- Protected Health Information as defined in the HIPAA regulations at 45 CFR 160.103 and 164.501, as, the same may be amended from time to time, means information transmitted as defined in the regulations, that is individually identifiable; that is created or received by a healthcare provider, health plan, public health authority, employer, life insurer, school or university, or healthcare clearinghouse; and that is related to the past, present, or future physical or mental health or condition of an individual, to the provision of healthcare to an individual, or to the past, present, or future payment for the provision of healthcare to an individual. The definition excludes certain education records as well as employment records held by a covered entity in its role as an employer.
- Escalation For Clothing —
- IF DISTRIBUTOR: All unit prices offered herein shall be firm against any increase for one (1) year from effective date of this proposed contract. After this date, it shall be the vendor's responsibility to notify the Buyer in advance of any anticipated changes in prices and submit a request for a price increase by furnishing bona-fide manufacturer's documents or price list reflecting the changes. Increases shall be limited to the actual cost increase to the vendor.
- IF MANUFACTURER: All unit prices offered herein shall be firm against any increase for one (1) year from the effective date of the contract. Prior to commencement of subsequent renewal terms, the County may entertain a request for escalation in accordance with the current Consumer Price Index at the time of the request or up to a maximum 5% increase on the current pricing, whichever is lower.
For purposes of this section, “Consumer Price Index” shall mean the Consumer Price Index-All Urban Consumers-United States Average-All Items (CPI-U), as published by the United States Department of Labor, Bureau of Labor Statistics. - Baltimore County reserves the right to accept or reject within thirty (30) days after the request for a price increase. If the price increase is rejected, the specific item in question will be canceled. If the price increase is approved, the price will remain firm for one (1) year from the date of the increase.
- Minority Business Enterprise And Women Business Enterprise Requirements (MBE/WBE) —
The resulting minority and women business participation requirement for this contract is %.
- Each Prime Contractor must comply with all Minority Business Enterprise and Women Business Enterprises (MBE/WBE) participation requirements. Included with this solicitation package are copies of the County’s MBE/WBE policy and provisions and MBE/WBE participation schedule forms. All MBE/WBE participation forms must be completed, executed, and returned with the bid, proposal or qualifications if a goal has been assigned. MBE/WBE participation forms are available online at www.baltimorecountymd.gov/go/mwbe or you may contact the buyer on the solicitation.
- The Prime Contractor shall comply with the required participation levels on a cumulative basis for the full term of the contract. The Prime Contractor shall estimate the participation level (for the full term of the contract) for each subcontractor and/or supplier listed on the participation schedule.
- If no minimum participation level has been assigned, the Prime Contractor shall nevertheless make a genuine good faith effort to comply with the County’s MBE/WBE minimum participation goal even if the Prime Contractor has the capability to complete the work with its own workforce. The Prime Contractor shall make a good faith effort to obtain MBE/WBE subcontractor participation. The selected MBE/WBE subcontractor(s) must perform a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved.
Certified Minority-owned or Certified Women-owned Prime Contractors may count their participation for up to 50% of the solicitation goal. Certified firms must make a good faith effort to obtain MBE/WBE subcontractor participation for the remaining portion of the goal. Example: 20% MBE/WBE participation goal. Certified Minority-owned or Certified Women-owned firm bidding as the prime may count for 10% of the goal provided they are self-performing the work. The remaining 10% must be subcontracted to an MDOT and/or City of Baltimore certified firm.
If the materials or supplies are purchased from an MBE/WBE supplier, 60% of the cost of the materials or supplies from the certified MBE/WBE supplier will be counted toward the MBE/WBE goal.
The failure of a Bidder/Offeror to properly complete and submit the appropriate MBE/WBE plan forms and, if applicable, required Good Faith Effort (GFE) documentation shall result in the bid/proposal being deemed as nonresponsive and not susceptible of being selected for award. - Within 10 working days of receiving notification that the Bidder/Offeror is the apparent awardee, the Bidder/Offeror shall provide the following documentation to the Buyer:
- BCG FORM C-Subcontractor MBE-WBE SUBCONTRACTOR PARTICIPATION NOTICE OF INTENT TO AWARD accompanied by a fully executed copy of the subcontract for each subcontractor.
- Any other documentation required by the Buyer to ascertain Bidder’s/Offeror’s susceptibility of being selected for award in connection with the certified MBE/WBE participation goal.
NOTE: If the apparent awardee fails to return each completed document within the required time, THE PROCUREMENT OFFICER MAY DETERMINE THAT THE APPARENT AWARDEE IS NOT RESPONSIBLE AND THEREFORE NOT SUSCEPTIBLE FOR CONTRACT AWARD.
- Prospective Bidders/Offerors are advised to carefully review the Minority and Disadvantage Business Enterprise Package regarding MBE/WBE or DBE participation.
- All MBE/WBE subcontractors must be MDOT or Baltimore City certified at the time of bid/proposals submission to count towards the MBE/WBE solicitation subcontract goal.
- If the Bidder/Offeror is a certified Minority or Women Business Enterprise, it should be so indicated with the certification number in the Bid or Technical Proposal.
- Under circumstances where mobilization payments are issued to the Prime Contractor, the subcontractor shall be paid an amount equal to their participation percentage no later than five (5) business days before they are required to mobilize to perform the contracted work.
The Prime Contractor shall submit proof of mobilization payment to subcontractors when the subcontractor performs their initial item of work in the MBE/WBE Compliance portal. - Prompt Payment
The Prime Contractor agrees to pay each subcontractor under this contract for satisfactory performance of its responsibilities under the applicable subcontract within 30 days of the subcontractor’s satisfactory completion of the work as accepted by Baltimore County, Maryland. The Prime Contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor’s satisfactory completion of work. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of Baltimore County, Maryland. This clause applies to both MBE/WBE and non-MBE/WBE subcontracts.
• The Prime Contractor shall report the subcontractor’s mobilization cost as the initial payment in the PRiSM Compliance Portal found under Compliance Reporting for Prime and Sub-Contractors at www.baltimorecountymd.gov/go/MBE/WBE.
• The Prime Contractor must include in its subcontracts language providing that the Prime Contractor and the subcontractors will use appropriate alternative dispute resolution mechanisms to resolve payment disputes.
• The Prime Contractor will not be reimbursed for work performed by subcontractors unless and until the Prime Contractor ensures that the subcontractors are promptly paid for the work they have performed.
• Prime Contractors may be subject to liquidated damages pursuant to Maryland and/or Baltimore County law, to ensure that MBE/WBEs and other contractors are fully and promptly paid. - All Prime Contractors and MBE/WBE and/or DBE subcontractors are required to report monthly to the County through the online Compliance Portal (PRISM). The portal can be found under Compliance Reporting for Prime and Sub-Contractors at www.baltimorecountymd.gov/go/MBE/WBE. Prime Contractors must provide a contact person and contact information for the MBE/WBE compliance reporting. If the Prime Contractor cannot submit its report on time, it must notify the County MBE/WBE Office and request additional time to submit the report. Failure to report in a timely manner may result in a finding of noncompliance, and may result in a finding of default under the terms of the contract. The County, in its sole discretion, may require additional reports regarding MBE/WBE. Questions regarding the use of this system can be directed to the MBE/WBE Office at mwbe@baltimorecountymd.gov or call 410-887-3407.
- Estimates —
- When the designated representative of the Bureau of Solid Waste, has determined that the repair or installation of a geosynthetic liner, cap, or other is required, the awarded contractor shall be contacted to prepare an estimate. The estimate shall be prepared, based upon the price schedule set forth in the proposal.
- If the contractor is contacted for a repair, the awarded contractor shall provide an itemized estimate for the recommended repairs including:
- A description of damage, failure, and the recommended repair.
- The net price for all needed materials.
- The total number of labor hours needed to complete repair.
- Cost of performing field testing of the finished repair.
- If the contractor is contacted to complete a new installation, the awarded contractor shall provide an itemized estimate for the completed installation including:
- A lump sum price for full installation of geosynthetic liner system after thorough review of the contract documents, drawings, and specifications
- The net price of all needed materials
- Approximate project schedule to furnish all labor, materials, and QA/QC
- Cost of performing QA/QC and any field testing required by contract documents.
- Number of labor hours needed and material costs if a time and materials bid is solicited.
- The contractor shall provide the completed estimate to the representative of the Bureau of Solid Waste for review. The Bureau of Solid Waste representative reserves the right to make recommendations to the scope of work outlined in the estimate, and if requested, the awarded vendor shall revise the estimate accordingly.
- Final acceptance of the estimate shall be at the sole discretion of the Bureau of Solid Waste. Once approved, the representative of the Bureau of Solid Waste shall provide the contractor with notice to proceed with the repair.