Active SLED Opportunity · MARYLAND · CHARLES COUNTY GOVERNMENT
AI Summary
Charles County Government seeks qualified contractors for septic hauling, combination truck, and line jetting services. Services include scheduled and emergency septic pumping and sewer maintenance across multiple locations. Contract term extends to 2027 with optional renewals. Quotes due June 25, 2026, via eProcurement Portal.
The County Commissioners of Charles County are hereby requesting sealed quotes from qualified contractors to provide septic hauling, combination truck, and line jetting services on an as-needed basis throughout Charles County, Maryland. The successful contractor(s) will be responsible for scheduled septic pumping at the Chapel Point Woods Water Filtration Plant, as well as emergency and overtime hauling to the Mattawoman Wastewater Treatment Plant. Services must be available seven days a week, with emergency response required within two hours of notification.
This contract is critical to maintaining the County's wastewater infrastructure and ensuring uninterrupted service to residents and facilities across Charles County. The addition of combination truck and line jetting services reflects the County's commitment to expanding its contracted capabilities to address a broader range of wastewater and sewer maintenance needs under a single, reliable contract.
Charles County's Department of Public Works – Utilities Division manages wastewater collection and treatment infrastructure serving a growing population across a geographically dispersed service area. The County has historically relied on contracted septic hauling services to maintain storage tank levels and respond to pump station emergencies at various locations, including Bel Alton, Swan Point, Cobb Island, La Plata, Bryans Road, White Plains, and Hughesville. This procurement builds on that established need by incorporating combination truck and high-pressure line jetting services, which are essential for routine sewer maintenance and emergency response operations that the County is increasingly called upon to address. Contractors who can demonstrate experience across all service areas and provide sufficient equipment and personnel to meet response time requirements will be best positioned for award.
| Event | Date | Location |
|---|---|---|
| Question Submission Deadline | 2026-06-11T20:30:00.000Z | Questions shall be submitted via the eProcurement Portal Question & Answer feature prior to the due date and time specified. The County will not provide responses to questions received after the deadline. |
| Quote Opening Registration Deadline | 2026-06-24T12:00:00.000Z | Registration is required to attend the quote opening. Quoters interested in participating in the quote opening must register electronically via the County's eProcurement Portal RSVP Manager. Pricing will be available on the eProcurement Portal after the Quote Opening. |
| Quote Opening | 2026-06-25T15:01:00.000Z | Quotes received timely will be opened virtually. Pricing will be available on the eProcurement Portal after the Quote Opening. |
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.
7.1.1 - OVERVIEW OF SERVICE AREA
Scheduled hauling services is for the scheduled septic pumping services to maintain wastewater storage tank levels at the Chapel Point Woods Water Filtration Plant located at 9025 Spicewood Run, Bel Alton, Maryland. Wastewater shall be hauled to the Mattawoman Wastewater Treatment Plant located at 5310 Hawthorne Road, La Plata, MD 20646.
7.1.2 - SERVICE DAYS AND HOURS
Standard operating hours shall be Sunday through Saturday from 7:00 a.m. to 5:00 p.m. (Eastern Time). This is exempt from the holiday schedule identified in Section 4.15 – Holiday Schedule. Waste shall be hauled from this location three hundred sixty-five (365) days per year during the hours specified at the Scheduled Hauling unit price provided on the Quotation Form. Work outside these standard operating hours may be required as directed by the County Representative, Department of Public Works - Utilities.
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.
Quote pricing shall be submitted on the Quotation Form. All cost columns of the table shall be fully completed to be able to submit a quote 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. A Quoter may only submit one (1) Quotation 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 Quotation Form.
3.1.1 - SPECIAL INSTRUCTIONS FOR BASE QUOTE ITEMS - A - SCHEDULED HAULING
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 |
|
| X | Umbrella excess liability insurance or excess liability insurance | $5,000,000 each occurrence/ $5,000,000 aggregate |
| 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. | |
| X | 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. | |
| X | 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.
The County intends to make award to the lowest responsive, responsible quoter(s) based on the sum of Base Quote Items on the Quotation Form, provided it is in County’s best interest to do so. The contract entered into with the successful quoter(s) shall meet all standard provisions required by the County. Any award made by the County is contingent upon completion of the seven (7) day protest period.
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.
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.
Charles County Government is accepting electronic quote submissions. Quoters 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 bid via the County's eProcurement Portal.
Quotes shall be submitted by the date and time specified. Late quotes will not be accepted. Submission, modification, or withdrawal of proposals after the due date/time will not be considered.
It is the Quoters’ sole responsibility to ensure that quotes are delivered via County's eProcurement Portal. Quoters 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 quotes not received timely will not be considered.
Quotes shall be valid and irrevocable for a minimum of one hundred twenty (120) days from the due date. A Quoters may submit only (1) bid in response to this RFQ. Quoters shall monitor the County's eProcurement Portal for schedule changes issued via addendum.
The County Commissioners of Charles County are hereby requesting sealed quotes from qualified contractors to provide septic hauling, combination truck, and line jetting services on an as-needed basis throughout Charles County, Maryland.
The scope of this contract consists of providing the following services to support the Charles County Department of Public Works, Utilities Division:
The County intends for these services to be utilized for scheduled maintenance as well as for emergency purposes and disaster conditions.
The successful contractor(s) hereby agrees to accept payments adjusted in this manner as full compensation for services.
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.
This quote item establishes the unit price for the services specified. The unit prices shall include all labor, materials, equipment and services necessary to perform services in accordance with these Special Provisions. The payment will be full compensation for all material, labor, equipment, tools, disposal fees and incidentals necessary to complete the work.
Payment: Base Quote Item A1 of the Quotation Form establishes the unit price for which payment will be made by the County to the Contractor. Quoters shall enter the total number of gallons estimated to be hauled by each size of truck (i.e. Quoters only hauling with trucks with tank capacity of less than 3,300 gallons shall enter 2,000,000 in the Quantity cell for Line Item A1 and 0 (zero) in the Quantity cell for Line Item A2.) The Quantity for both items shall total 2,000,000 gallons. Service shall be for Sunday – Saturday 7:00 a.m. – 5:00 p.m. (Eastern Time).
Unit prices quoted, whether per gallon or per hour, shall include truck, fuel, insurance, mileage and all other transportation-related costs, fees, taxes and surcharges of any type.
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.
The Contractor(s) selected shall provide the services and all requirements contained herein for a base period commencing on the date of contract execution, after expiration of the award protest period, unless notified otherwise by the County in writing and end September 30, 2027, with four (4) optional 1-year renewals at the sole option of the County. Each 1-year renewal shall commence on October 1 and end on September 30 of the following calendar year.
This contract shall be automatically renewed unless notice of nonrenewal shall be made to the Contractor by Charles County Government or to Charles County Government by the Contractor at least forty-five (45) calendar days prior to the contract anniversary date which is the date in the Notice to Proceed, contract begin date, or otherwise indicated by Charles County Government.
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.
By submitting a quote in response to this RFQ, the Quoter 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 or any Appendices is made part of this solicitation package.
a. Should the Contractor fail, in the sole and reasonable opinion of the County, to respond in accordance with the terms specified herein, the County reserves the right to procure goods or services on the open market. If the County elects to procure services on the open market, and in the event said open market procurement results in a total cost to the County which is in excess of the total cost to the County under the Contract, the additional cost(s) of such services, along with any liquidated damages, shall be charged against the Contractor, may be deducted from any monies due, or which may become due, to the Contractor.
b. There exist certain circumstances under which it may become necessary for the County to operate in an emergency or crisis mode. In the event the County determines that such emergency or crisis conditions exist, the County reserves the right to order or request services from suppliers other than the Contractor. The criteria for award in emergency situations will be response time. Ordering from alternate vendors will not void the conditions of this Contract, nor will it hold the Contractor liable for any additional costs assumed by the County by procuring on the open market.
This Contract shall be governed by and construed only in accordance with the laws of the State of Maryland.
This quote item establishes the unit price for the services specified. The unit prices shall include all labor, materials, equipment and services necessary to perform services in accordance with these Special Provisions. The payment will be full compensation for all material, labor, equipment, tools, disposal fees and incidentals necessary to complete the work.
Payment: Base Quote Item A2 of the Quotation Form establishes the unit price for which payment will be made by the County to the Contractor. Quoters shall enter the total number of gallons estimated to be hauled by each size of truck (i.e. Quoters only hauling with trucks with tank capacity of less than 3,300 gallons shall enter 2,000,000 in the Quantity cell for Line Item A1 and 0 (zero) in the Quantity cell for Line Item A2.) The Quantity for both items shall total 2,000,000 gallons. Service shall be for Sunday – Saturday 7am – 5pm (Eastern Time).
This Contract shall be governed by and construed only in accordance with the laws of the State of Maryland.
Quoter shall be required to complete and submit the County provided Experience Form. A qualified Quoter 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 five (5) years at the due date for quote/bid/proposal. Quoters shall demonstrate their experience on the Experience Form. Quoters shall provide no less than three (3) projects completed within the past five (5) 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 Quoter 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.
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.
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 may make award to more than one firm. The County may award to one or multiple quoter(s). The contract(s) entered into with the successful quoter(s) 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 Quoters desire to submit a single quote in response to this RFQ, they should do so on a prime-subcontractor basis rather than as a joint venture.
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 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.
a. In the event the Contractor fails or refuses to satisfy the terms and conditions set forth herein, and in the event the Contractor's failure or refusal results in damages sustained by the County exceed or are different than those damages contemplated in paragraph a of Section 6.3 - Open Market Procurement (above), the County reserves the right to assess liquidated damages of two hundred dollars ($200.00) per day for each day the County sustains injury or damages as the result of the Contractor's failure or refusal to respond. These liquidated damages are agreed to approximate the actual damages sustained by the County for the delay and are not assessed as a penalty to the Contractor. In the event the Contractor will not or cannot respond within the required time frame as set forth in Section 6.11 – Specific Provisions, the Contractor must immediately notify the County Representative of the reasons for such delay.
b. If, in the sole opinion of the County Representative, the Contractor is unable to complete the work due to situations beyond the control and without the fault or negligence of the Contractor, the County Representative shall waive the assessment of liquidated damages and extend the deadline, if applicable.
Quoter shall be required to complete and submit the County provided Reference Form. A qualified Quoter 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. Quoters shall demonstrate their experience on the Reference Form. Quoters 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 Quoter 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 County is not liable for any costs incurred by the Quoter prior to full execution of the contract.
7.4.1 - OVERVIEW OF SERVICE AREA
This area encompasses septic hauling from Charles County locations, including, but not limited to: Bel Alton, MD, Swan Point, MD, Cobb Island, MD, La Plata, MD, Bryans Road, MD, White Plains, MD and Hughesville, MD to Mattawoman Wastewater Treatment Plant (MWWTP) in La Plata, MD.
7.4.2 - SERVICE DAYS AND HOURS
Standard operating hours shall be Monday through Friday from 7:00 a.m. to 5:00 p.m. (Eastern Time). The normal number of working hours per day under this contract will be limited to eight (8), unless otherwise authorized by the County Representative, Department of Public Works - Utilities.
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.
Modifications of or additions to the Quotation Form or any other County form may be cause for rejection of the quote, 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 quote as nonresponsive. As a precondition to quote acceptance, the County may, in its sole discretion, request that the Quoter withdraw or modify any such modifications or additions which do not affect quality, quantity, price, or delivery.
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 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. Response time is significant for this Contract. Repetitive substantiated complaints of delays, inefficient operating procedures, poor service, incorrect billings, and/or failure to provide requested documents may be grounds for termination of the Contract by the County, in whole or in part.
b. In addition to the above-stated specific causes for termination, the County reserves the right to terminate this Contract at any time, in the event that the services or goods provided by the Contractor are deemed by the County to be unsatisfactory, or upon failure of the Contractor to satisfactorily perform any of the terms and conditions set forth herein, or in any other written agreement between the County and the Contractor. In the event the County intends to terminate the Contract, the County shall provide written notice to the Contractor citing the specific reason(s) for the intended termination. The County shall allow the Contractor an opportunity to remedy such default or failure to satisfactorily perform within thirty (30) days from the date of such notice. In the event the Contractor fails, in the sole and reasonable opinion of the County, to satisfactorily remedy such default within the specified time, the County shall be permitted to immediately terminate the Contract with the Contractor, obtain alternate sources, and recover the cost and damages thereof. In such an event, the County shall notify the Contractor in writing that the Contract has been terminated.
c. In addition to the foregoing right of termination, the County may terminate this Contract, with or without cause, upon thirty (30) days written notice to the Contractor in accordance with Section 5 - General Provisions.
This form shall be completed in legible ink or typewritten and signed. Quotes submitted without a MWBE compliance form may be rejected as non-responsive by the County. Quoters can contact the Economic Development Department by email at mwbe@charlescountymd.gov for questions related to the County's MWBE program.
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.
The successful Quoter to whom the contract shall have been awarded shall be required to execute the County contract (or as authorized by the County) and shall furnish all requirements due at contract execution, which may include, but is not limited to performance bonds and/or payment bonds, insurance certificates, equipment inspections, licenses, etc., as specified herein.
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 quote item establishes the unit price for the services specified. The unit prices shall include all labor, materials, equipment and services necessary to perform services in accordance with these Special Provisions. The payment will be full compensation for all material, labor, equipment, tools, disposal fees and incidentals necessary to complete the work.
Payment: Base Quote Item B1 of the Quotation Form establishes the unit price for which payment will be made by the County to the Contractor.
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 RFQ 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 quote 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.
Quoters must quote only one (1) product and one (1) price per quote item even though they feel they can offer more than one item that will meet the specifications. Quoters must determine for themselves which to offer. If a quoter submits more than one (1) product and/or more than one (1) price for a given quote item or items, it may be cause for the quote items or items being quote 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. 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.
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.
This form shall be completed in legible ink or typewritten and signed. “NA” shall be noted on the form if it is Not Applicable.
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 if they:
Registered Charles County SLBEs must meet all the same requirements of non-SLBE Quoters. Firms must have completed the registration process and have achieved full SLBE status by the due date for quotes, in order to receive consideration as a SLBE during the evaluation of quotes.
The directory is available on the Economic Development Department website at https://www.meetcharlescounty.com/. Quoters can contact the Economic Development Department by email at slbe@meetcharlescounty.com
This quote item establishes the unit price for the services specified. The unit prices shall include all labor, materials, equipment and services necessary to perform services in accordance with these Special Provisions. The payment will be full compensation for all material, labor, equipment, tools, disposal fees and incidentals necessary to complete the work.
Payment: Base Quote Item B2 of the Quotation Form establishes the unit price for which payment will be made by the County to the Contractor.
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.
a. The Contractor shall give the work to be performed hereunder constant attention to facilitate the progress thereof and Contractor shall cooperate with the County Representative in every way possible. During the absence of the Contractor from any part of the work where, and at such times as it may be necessary or desirable to give directions, said directions may be given by the County Representative, and if so given, the direction of the County Representative shall be received and obeyed by any representative or employee of the Contractor who has charge or control over the particular part of the work concerning which said directions are given. The giving of orders in the manner aforesaid shall be equivalent to their receipt by the Contractor.
b. At least one on-site worker who has supervision authority must be conversant in the English language. This is necessary to provide job instructions, ensure compliance with safety regulations and communicate with County staff and/or other contractors on site. The County shall be the sole judge of the communication proficiency of the contractor’s employees. Failure to have a worker who meets the criteria contained herein on each job while work is being performed may result in temporary suspension of work until the situation is remedied. The County shall bare no expense for delays resulting from suspensions of work for failure of contractor to meet the requirements of this provision.
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. 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. 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.
The County may award or may have awarded other contracts for additional work on or around the job site contemplated herein. The Contractor shall fully cooperate with any such other contractor(s) and shall carefully fit his own work to best and most efficiently facilitate that work provided under any such other contract(s), as may be directed by the County. The Contractor shall not commit or permit any act that will unreasonably interfere with the performance of work by any such other contractor(s).
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.
7.7.1 - OVERVIEW OF SERVICE AREA
This area encompasses septic hauling from Charles County locations, including, but not limited to: Bel Alton, MD, Swan Point, MD, Cobb Island, MD, La Plata, MD, Bryans Road, MD, White Plains, MD and Hughesville, MD to Mattawoman Wastewater Treatment Plant (MWWTP) in La Plata, MD.
7.7.2 - SERVICE DAYS AND HOURS
Operating hours shall be any time outside of the Emergency Hauling hours of Monday through Friday from 7:00 a.m. to 5:00 p.m. (Eastern Time). This may include work on Saturdays, Sundays, holidays, or at night may be required as directed by the County Representative, Department of Public Works - Utilities.
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.
If a Quoter 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 Quoter 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 Quoter. In the event of such default, award may then be made to another Quoter determined to be in the best interest of the County, or the solicitation may be cancelled and/or re-advertised for bids 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 Quoter if determined to be in the best interest of the County.
A Quoter/Contractor, who has defaulted as discussed above, may be declared by the Chief of Purchasing to be ineligible to quote/bid on future County solicitations for a period of up to two (2) years from the date the County determined the Quoter/Contractor to have defaulted. This determination by the Chief of Purchasing shall be final, and not subject to appeal.
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. Quotes on other makes and/or models will be considered provided in the Quotation Form what is being proposed and forwards with the quote 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. 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, signed, and notarized.
a. The Contractor shall not enter upon private property for any purpose without obtaining prior written permission, and the Contractor shall be responsible for the preservation of all public and private property, trees, hedges, fences, monuments, pipes, conduits, overhead pole lines and wires, sidewalks, paving and other structures above and below ground, along and adjacent to the work to be performed hereunder, and shall use every precaution, by bracing, supporting and covering as may be necessary or prudent to prevent damage or injury thereto.
b. In case any direct or indirect damage or injury is done to public or private property by, or because of the work to be performed hereunder, as the consequence of any act or omission on the part of the Contractor, the Contractor's employees, agents, or subcontractors, the Contractor shall, at his own expense, restore such property to a condition not inferior to that existing before such damage or injury was done, by repairing, rebuilding or otherwise replacing the damaged or injured property, as may be required by the County Representative, or shall make good such damage or injury in a manner satisfactory to the County Representative. In case of failure on part of the Contractor to restore promptly such damaged or injured property or make good such damage or injury, the County may, upon forty-eight (48) hours’ notice to the Contractor, proceed to repair, re-build or otherwise restore such damaged or injured property as may be deemed necessary by the County Representative, and the cost thereof may be deducted from any monies due or to become due the Contractor under this Contract. The County may also deduct and retain, from the monies due or to become due the Contractor under this Contract, a sum sufficient to meet the claim of the owner(s) of the property so damaged or injured.
This quote item establishes the unit price for the services specified. The unit prices shall include all labor, materials, equipment and services necessary to perform services in accordance with these Special Provisions. The payment will be full compensation for all material, labor, equipment, tools, disposal fees and incidentals necessary to complete the work.
Payment: Base Quote Item C1 of the Quotation Form establishes the unit price for which payment will be made by the County to the Contractor.
Prior to submitting a quote, each Quoter 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 Quoter 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 Quoter 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 Quoter.
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.
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.
a. Whenever the Contractor requests payment from the County, whether a partial progress payment or a lump sum payment, a standard business invoice/statement shall be submitted to the County Representative evidencing the sum of money being requested. The County shall make payment to the Contractor within thirty (30) days of the County's approval of the invoice/statement in accordance with Section 6.10 - Payment, or within the allotted time to be eligible for an allowable discount. To the extent each of the categories is applicable to the work to be performed hereunder, the invoice shall clearly state:
b. Pricing shall not include taxes.
c. The hours for billing purposes shall be based on the actual time on the unscheduled/emergency service call. Rates shall be divided into two categories: Scheduled Hauling and Overtime Rate. Scheduled Hauling rates apply to any work performed during the standard service days and times identified in Section 7.0 – Quote Item Descriptions for each Area, exclusive of holidays. At all other times, the Contractor shall be compensated at the Contract Overtime Rate.
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 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.
The Purchasing Representative identified in the Introduction section is the SOLE POINT OF CONTACT at Charles County Government for this procurement. All communication between quoters and Charles County Government shall be with the Purchasing Representative until a fully executed contract is delivered to the Contractor. Quoters or any of their authorized representatives may not initiate contact with Charles County Government or County Consultants other than the Contact identified in the Introduction section, for any reason during the bidding process or prior to full contract execution. Any communication outside this process may result in disqualification.
This quote item establishes the unit price for the services specified. The unit prices shall include all labor, materials, equipment and services necessary to perform services in accordance with these Special Provisions. The payment will be full compensation for all material, labor, equipment, tools, disposal fees and incidentals necessary to complete the work.
Payment: Base Quote Item C2 of the Quotation Form establishes the unit price for which payment will be made by the County to the Contractor.
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.
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.
Quoters shall be required to acknowledge the addenda when responding to this request for quotes.
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.
Unless otherwise approved by the County Representative:
a. The rate for scheduled hauling services shall be based upon the gallons hauled to the Mattawoman Wastewater Treatment Plant (MWWTP) as measured on the scales at the MWWTP. To convert from pounds to gallons, the net weight as determined by the MWWTP scales shall be divided by 8.34.
For example: if the MWWTP scales indicate a net weight for a load to be 16,680 pounds, the volume of the load would be 2,000 gallons and is calculated as follows:
16,680 pounds/8.34 pounds per gallon = 2,000 gallons
b. For regular hauling operations, the price per gallon shall be as measured by the scales at the MWWTP.
c. For emergency situations, at a scheduled hauling rate per hour and an overtime rate per hour for a tank truck capacity less than 3,300 gallons and a separate rate for a tank capacity greater than 3,300 gallons.
d. For combination truck services, payment shall be made at an hourly rate for scheduled services and a separate hourly rate for emergency services, as established in Base Quote Items D1 and D2 of the Quotation Form. All disposal costs, including hauling of collected waste to the Mattawoman Wastewater Treatment Plant (MWWTP), shall be considered incidental to the unit prices established in Base Quote Items D1 and D2.
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.
7.10.1 - OVERVIEW OF SERVICE AREA
This area encompasses septic hauling from Charles County locations, including, but not limited to: Bel Alton, MD, Swan Point, MD, Cobb Island, MD, La Plata, MD, Bryans Road, MD, White Plains, MD and Hughesville, MD to Mattawoman Wastewater Treatment Plant (MWWTP) in La Plata, MD.
Combination truck services shall include the use of a vehicle equipped with both a high-pressure water jetting system and a vacuum/debris collection system. Services shall include but are not limited to: high-velocity hydraulic cleaning of sanitary sewer mains and laterals, removal of grease, debris, roots, and other obstructions, vacuum excavation, catch basin and inlet cleaning, and hauling and disposal of waste materials in accordance with all applicable federal, state, and local regulations. The Contractor shall furnish all equipment, operators, and materials necessary to perform the work as directed by the County Representative.
Water Supply: Utility water for jetting operations shall be available to the Contractor via hydrant connection at the Mattawoman Wastewater Treatment Plant (MWWTP). The Contractor shall be responsible for furnishing all hoses, fittings, and backflow prevention devices necessary to make a proper hydrant connection. Water supply at field locations outside of MWWTP shall be the responsibility of the Contractor unless otherwise directed by the County Representative.
Waste Disposal: All waste materials collected during combination truck operations shall be hauled to and disposed of at the Mattawoman Wastewater Treatment Plant (MWWTP), La Plata, MD. Disposal shall be performed in accordance with all applicable federal, state, and local regulations. All disposal costs shall be considered incidental to the unit prices established in Base Quote Items D1 and D2.
7.10.2 - SERVICE DAYS AND HOURS
Operating hours shall be any time outside of the Emergency Hauling hours of Monday through Friday from 7:00 a.m. to 5:00 p.m (Eastern Time). This may include work on Saturdays, Sundays, holidays, or at night may be required as directed by the County Representative, Department of Public Works - Utilities.
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.
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 a Quoter 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 quoter following this solicitation on the County's eProcurement Portal. The County will not provide responses to questions 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.
Quoters shall be required to download, complete and submit the Major Equipment Schedule Form. It is understood and agreed that, if awarded a Contract, the Quoter shall not make any additions, deletions or substitutions to this certified list without the consent of the Owner.
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.
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. 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 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 Quoter to make an adequate interpretation of the provisions of this solicitation, a supplement to the solicitation will be issued. The Quoter shall acknowledge in their quote, 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 quote due date/time shall become a part of the contract documents and shall be covered in the Quoter’s quote prices, unless an alternate schedule is presented by addendum. It is the responsibility of the Quoter to check the County's eProcurement Portal as frequently as necessary to obtain all updates and addenda to the solicitation.
This quote item establishes the unit price for scheduled combination truck services, including but not limited to sanitary sewer cleaning, high-velocity water jetting, debris removal, and vacuum excavation performed during standard service days and hours. The unit prices shall include all labor, materials, equipment and services necessary to perform services in accordance with these Special Provisions. The payment will be full compensation for all material, labor, equipment, tools, disposal fees and incidentals necessary to complete the work.
Payment: Base Quote Item D1 of the Quotation Form establishes the unit price for which payment will be made by the County to the Contractor.
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.
This form shall be completed in legible ink or typewritten.
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 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.
No news releases pertaining to this quote request or the service, study, or project to which it relates will be made without County approval.
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 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.
This quote item establishes the unit price for emergency combination truck services requested outside of standard scheduled hours, including but not limited to emergency sewer cleaning, high-velocity water jetting, blockage removal, and debris extraction. The unit prices shall include all labor, materials, equipment and services necessary to perform services in accordance with these Special Provisions. The payment will be full compensation for all material, labor, equipment, tools, disposal fees and incidentals necessary to complete the work.
Payment: Base Quote Item D2 of the Quotation Form establishes the unit price for which payment will be made by the County to the Contractor.
a. The Contractor shall possess equipment necessary to perform the required services called for in this Contract. Bidders shall identify how each of his trucks are equipped on the Equipment Inventory List. This would include such items as jet rodding equipment, high pressure wash system, and the size and speed of the pump (GPM). This information may be used as a determining factor for award.
b. For combination truck services, the Contractor shall furnish a combination truck (single-engine style) equipped with both a high-pressure water jetting system and a vacuum/debris collection system meeting the following minimum specifications:
High-Pressure Jetting System:
Vacuum/Debris Collection System:
All equipment shall be maintained in good working order and shall be made available for inspection by the County Representative upon request.
c. The County is seeking prices based on the following truck capacities:
1. Small Capacity Truck- Up to 3,300 gallons
2. Large Capacity Truck- Over 3,300 gallons
The County will request service from the Contractor based on the type of equipment required for each individual service call and the type of equipment that may be necessary to complete that service.
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.
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.
Quoters 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 Quoter, and validate any information provided by a Quoter by any means deemed necessary by the County for the purpose of determining the Quoter’s ability to perform the services described herein.
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.
If a disaster condition prevails - a disaster being defined as a grave occurrence capable of destructive results or distress- and a disaster management plan is implemented by the County, the Contractor shall be notified immediately, and advised of the services anticipated. All provisions set forth in the Special Provisions shall apply with the enforcement of a disaster condition.
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.
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.
Quoter should give specific attention and identification of those specific portions of their quotes 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. Quoters 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 quotes. The County shall not be responsible for Quoter computation errors contained on the Quotation Form. All values contained on the Quotation Form remain the responsibility of the Quoter. 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 Quoter.
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.
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 County reserves the right to reject any/all quotes, to waive irregularities and/or informalities in any quote, and to make award in any manner, consistent with law, deemed in the best interest of the County.
All contractors submitting a quote, that are not awarded this Contract, will be kept on file for backup response in the event additional services will be necessary to perform the work, or the awarded bidder does not comply with the conditions as set forth by this Contract. If a contractor would not like to be considered for backup service, this should be stated with quoter's submittal. The backup contractor should notify the County Representative immediately, if at any time during the length of the Contract, the contractor would like to be removed from the list for backup service.
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.
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.
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 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.
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.
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 following holidays are observed by the County:
If the CONSULTANT hereunder is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.
The County exclusively reserves the right, but is not limited to the following actions:
The County reserves the right to reject any/all quotes, to waive irregularities and/or informalities in any quote, and to make award in any manner, consistent with law, deemed in the best interest of the County.
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
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.
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.
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.
In order to be eligible for award, Quoters shall meet the following conditions prior to contract award:
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.
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.
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 quote 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 Quotes and have been retained by the County to perform the services on the behalf of the County for this procurement.
In 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.
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.
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.
Legal notice given by the County to the Quoter shall be sent to the Quoter's contact information provided in the County's eProcurement Portal. Notice given by the County by any of the following:
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.
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 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.
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.
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 Quoter.
A Performance Bond and Labor & Material Payment Bond in the amount of one hundred percent (100%) of the contract price will be required for this project and contract, from sureties licensed to do business in the State of Maryland and satisfactory to the County and shall be submitted to the County at the time of contract execution by the Bidder within the timeframes required herein. Premiums for the bonds described above shall be paid by the Contractor. Bonds shall contain a provision that it shall not be cancelled, non-renewed or materially altered without at least ninety (90) days written prior notice to the County.
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.
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 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.
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 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 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.
Option 1
All County financed construction projects exceeding $500,000 are subjected to the prevailing wages rates. Additional prevailing wage are required for mechanical services contracts, including electrical work for any services valued over $2,500.00. The wage determination active on the date the Notice to Proceed is issued shall apply to the project.
Option 2
If notified by the County, this work may be subject to prevailing wage rates for services specified in accordance with the most current version of Chapter 228, Article I of the Charles County Code. Wage determination active on the date the bid provided is issued may apply to task order services awarded as a result of any contract. The County shall notify the bidder if prevailing wage shall apply to services specified at the time of bid.
Option 3
All County financed construction projects exceeding $500,000 are subjected to the prevailing wages rates as outlined in this solicitation. The prevailing wage rates provided in the document are subject to change. The wage determination active on the date the Notice to Proceed is issued shall apply to the project.
The County utilizes web-based prevailing wage reporting software. All contractors and subcontractors are required to submit certified payrolls and labor compliance documentation using this software. Use of the software will involve data entry of weekly payroll information that is acceptable to the County. The software has interface capability with many payroll and accounting software programs that may streamline data entry. Software licensing and training will be provided by the County.
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.
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.
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 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.
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.
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
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 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.
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 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.
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 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.
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.
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.
Refer to Insurance Section.
Refer to Insurance Section.
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 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.
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.
Except as may be otherwise provided in this contract, the contract price includes all applicable Federal, State, and Local taxes, and duties.
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 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.
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.
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.
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.
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.
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.
Any provision specified elsewhere shall supersede the provisions contained in these General Provisions.
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.
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. 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.
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.
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.
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.
Any provision specified elsewhere shall supersede the provisions contained in these General Provisions.
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 3.3 for a period of no less than five (5) 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.
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 documents, complete, 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, 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.
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.
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Quoter's are required to complete and submit a detailed Equipment Inventory List of ALL equipment currently in their possession, the Quoter intends to use in the performance of work under the Contract(s). Equipment shall be in good working order and sufficient in type and quantity to complete all work as bid on the Quote Form. All equipment, including back-up equipment, to be used in the execution of work as a result of this solicitation shall be identified on the Equipment Inventory List, at a minimum identifying equipment type, make/model, year, quantity, Vehicle Identification Number (VIN) (if applicable), tag number (if applicable), and registration number (if applicable). Equipment shall include, but is not limited to: vehicles, combination truck, jet rodding equipment, high pressure wash system, size and speed of the pump (GPM), etc. The County may inspect successful Quoter's equipment at any time.
The apparent awardee(s) are required to have all equipment inspected by the County, Department of Public Works - Utilities at the apparent awardee(s)’ location at a date and time to be specified by the County and prior to the award of this Contract. During this inspection, the County Department of Public Works - Utilities will make a determination of the suitability and capability of the Contractor’s equipment to properly perform the required services, and also identify any safety issues. Any minor discrepancies, as defined by the County Department of Public Works - Utilities, will not be an obstacle to execution of the Contract, but must be corrected prior to the commencement of mowing operations. Equipment deemed insufficiently qualified, or of insufficient type and/or quantity to accomplish the work as quoted, shall be determined solely by the County Department of Public Works - Utilities whose determination is not subject to appeal.
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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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