Cecil County Solid Waste Management Division is seeking a vendor to provide containers and transportation of single stream recyclables to our single stream recycling plant vendor.
- Insurance Provisions —
GENERAL REQUIREMENTS
- Coverages Required:
Unless otherwise required by the specifications or the contract, the Contractor/Vendor shall purchase and maintain the insurance coverages listed herein.
Insurance Companies must be acceptable to Cecil County and have an A.M. Best Rating of A-, Class X or better.
- Verification of Insurance:
Before starting work on the contract or prior to the execution of the Contract on those bid, the Contractor/Vendor shall provide Cecil County, Maryland with verification of insurance coverage evidencing the required coverages.
- Cecil County as Additional Insured:
The coverage required, excluding Worker’s Compensation and Employers’ Liability and Medical Malpractice Liability/Professional Liability/Errors and Omissions Liability, must include Cecil County, Maryland as an additional insured.
- Contractor’s/Vendor’s Responsibility:
The providing of any insurance herein does not relieve the Contractor/Vendor of any of the responsibilities or obligations the Contractor/Vendor has assumed in the contract or for which the contractor/Vendor may be liable by law or otherwise.
- Failure to Provide Insurance:
Failure to provide and continue in force the required insurance shall be deemed a material breach of the contract.
INSURANCE COVERAGES
General Liability Insurance
$1,000,000 Each Occurrence
$1,000,000 Products and Completed Operations
$1,000,000 Personal Injury and Advertising
Such insurance shall protect the Contractor/Vendor from claims which may arise out of, or result from, the Contractor’s/Vendor’s operations under the contract, whether such operations be by the Contractor/Vendor, any subcontractor, anyone directly or indirectly employed by the Contractor/Vendor or Subcontractor, or anyone for whose acts any of the above may be liable.
Minimum Coverages to be included:
Independent Contractor’s coverage;
Completed Operations and Products Liability coverage; and
Contractual Liability coverage
Damages not to be Excluded:
Such insurance shall contain no exclusions applying to operations by the Contractor/Vendor or any Subcontractor in the performance of the Contract including but not limited to:
Collapse of, or structural injury to, any building or structure;
Damage to underground property; or
Damage arising out of blasting or explosion.
Automobile Liability Insurance
Minimum Limits of Coverage:
Business Auto Liability: $1,000,000 Combined Single Limit
Minimum Coverages to be Included:
Such insurance shall provide coverage for all owned, non-owned, and hired automobiles.
Workers’ compensation and Employers’ Liability Insurance
Such insurance must contain statutory coverage, including:
Employers’ Liability insurance with limits of at least:
Worker’s Compensation: -- Statutory
Excess $1,000,000 Each Occurrence
Professional Liability Insurance (as required)
Minimum Limits of Coverage:
Professional Liability: $1,000,000
Other
Such other insurance in form and amount as may be customary for the type of business being undertaken by the Contractor/Vendor.
Notice of Cancellation
Commercial General Liability Insurance, Automobile Liability Insurance and Workers' Compensation insurance, as described above shall include an endorsement stating the following:
"Thirty (30) days advance written notice of cancellation, non-renewal, reduction, and/or material change shall be sent to: Cecil County, Maryland, Attn: Procurement Office, 200 Chesapeake Blvd., Elkton, MD 21921."
Prior to starting the performance of the contract and for each extension of the contract, a certificate of insurance shall be furnished to the County. Insurance companies providing insurance shall be acceptable to the County. The contractor shall obtain at its own cost and keep it in force and in effect during the term of the contract. The proposer shall provide a Certificate of Insurance prior to the award of this contract.
- Pre-Proposal Meeting (Mandatory) —
A MANDATORY pre-proposal meeting will be held NO VALUE on NO VALUE at NO VALUE.
Location or Video Conference Information: NO VALUE
- Notice of Communication —
All communications by a vendor to the county, its officials, and department heads regarding this procurement shall be done through the Cecil County Procurement Office.
No vendor, its’ representative, agent, or employee shall engage in private communication with a member of the Cecil County Council, Government, or county department heads regarding any procurement of goods or services by the County from the date that this procurement packet is released. No private communication regarding the purchase shall be permitted until the procurement process is complete and a purchase order is granted, or a contract is entered into. “Private Communication” means communication with any vendor outside of a posted meeting of the governing body, a regular meeting of a standing or appointed committee, or negotiation with a vendor which has been specifically authorized by the governing body.
THE RESPONDENT IS RESPONSIBLE FOR READING AND UNDERSTANDING ALL DOCUMENTS, FORMS, SPECIFICATIONS, AND INSTRUCTIONS WITHIN THIS ENTIRE DOCUMENT. Follow all instructions; you are responsible for obtaining any information needed in order to respond to this solicitation. Further, the Respondent is responsible for providing any and all relevant information necessary to submit a response. Failure to do so will be at the Respondent’s risk and may result in rejection of the response as non-conforming.
General Requirements apply to all advertised solicitations; however, these may be superseded, whole or in part, by OTHER DATA CONTAINED HEREIN. Review the Table of Contents. Be sure your proposal package is complete.
- Solicitation Feedback Form —
In order to help us improve the quality of the County solicitations, and to make our procurement process more responsive and business friendly, we ask that you take a few minutes and provide comments and suggestions regarding this solicitation. Please return your comments with your response. If you have chosen not to respond to this solicitation, please email this completed form to the attention of the Procurement Officer (see the Key Information Sheet below for contact information) at procurement@cecilcountymd.gov.
Title: Single Stream Transportation Services
Solicitation No: IFB B-27-007
- If you have chosen not to respond to this solicitation, please indicate the reason(s) below:
( ) Other commitments preclude our participation at this time.
( ) The subject of this solicitation is not something we ordinarily provide.
( ) We are inexperienced in the work/commodities required.
( ) Specifications are unclear, too restrictive, etc. (Explain in REMARKS section.)
( ) The scope of work is beyond our present capacity.
( ) Doing business with Cecil County is simply too complicated. (Explain in REMARKS section.)
( ) We cannot be competitive. (Explain in REMARKS section.)
( ) Time allotted for completion of the Bid/Proposal is insufficient.
( ) Start-up time is insufficient.
( ) Bonding/Insurance requirements are restrictive. (Explain in REMARKS section.)
( ) Bid/Proposal requirements (other than specifications) are unreasonable or too risky. (Explain in REMARKS section.)
( ) MBE or County-Based Small Business requirements. (Explain in REMARKS section.)
( ) Prior Cecil County contract experience was unprofitable or otherwise unsatisfactory. (Explain in REMARKS section.)
( ) Payment schedule too slow.
( ) Other: ______________________________________________________________
- REMARKS section below. (Attach additional pages as needed)
REMARKS: _____________________________________________________________
Supplier Name: _______________________________ Date: ___________________
Contact Person: _________________________ Phone: (____) __________________
E-mail Address: ________________________________________________________
- Legal Notice —
These General Provisions are considered standard language for an Offeror (hereinafter referred to as “Offeror”, “Vendor”, “Respondent”, or “Contractor”) submitting a response for a Request for Bids, Proposals, Qualifications or other solicitation (hereinafter referred to as “Procurement Packet”) made by the County of Cecil (hereinafter referred to as “Cecil County” and “County” or any other governing body/agency for which the Cecil County Procurement Office has been authorized to perform procurement services. The Cecil County Procurement (Purchasing) Office webpage may be found at https://www.ccgov.org/government/purchasing.
It is the Offeror’s sole responsibility to be in compliance of all federal, state, and local laws, requirements, rules, codes, ordinances, and regulations applicable to their proposed goods and/or services. In the event of any conflict between the terms and provisions of these requirements and the specifications, the specifications shall govern. In the event of any conflict of interpretation of any part of this overall procurement packet, Cecil County's interpretation shall govern. Referenced appendices may be subject to change.
- Pre-Proposal Meeting (Optional) —
An OPTIONAL pre-proposal meeting will be held NO VALUE on NO VALUE at NO VALUE.
Location or Video Conference Information: NO VALUE
- General Instructions for Solicitations —
The Cecil County, Maryland's Finance Department and Procurement Division is issuing this Invitation for Bid (IFB) to establish a term contract with a Contractor(s) to perform Single Stream Transportation Services.
The County reserves the right to award to multiple vendors at its own discretion and what is considered the County's best value by the Procurement Manager which will be considered final.
- Instructions, Forms, and Specifications:
- All bids/proposals are to be submitted on and in accordance with the forms provided by the Procurement Division. All bids must be submitted electronically as specified within the County's OpenGov eProcurement platform. All bid/proposal times are either Eastern Standard Time or Eastern Daylight Time, whichever prevails. Late bids/proposals will not be considered.
- Responses to Invitation for Bid (IFB) and Request for Proposal (RFP) shall be required to acknowledge the Procurement Affidavit, as provided by the Procurement Division. This does not apply to Request for Quotation (RFQ).
- Amendments to solicitations often occur prior to bid opening and sometimes within hours prior to bid opening. All bidders are responsible for frequently visiting the Procurement web site to obtain amendments once they have downloaded a solicitation.
- Additional information or clarification of any of the instructions or information contained herein may be obtained from the Procurement Division. The County assumes no responsibility for oral instructions or suggestions. All official correspondence in regard to this solicitation must be directed to, and will be issued by, the Procurement Division.
- Bidders finding any discrepancy in or omission from the specifications, in doubt as to meaning, or asserting that the specifications are discriminatory, shall notify the Procurement Division in writing at once, but in no case later than five (5) business days prior to the scheduled opening of bids. Exceptions stated do not obligate the County to change the specifications. The Procurement Division will notify all bidders in writing, by amendment duly issued, of any substantive revisions to specifications or instructions.
- Unless a written exception detailing non-conformance to specifications is noted on the bid, any part number, product number, catalog number, etc., noted on the bid will be considered in full compliance with the specifications.
- Submission of a bid in response to this solicitation evidences the bidder's acceptance of these General Instructions and the terms and conditions of the solicitation. Submission of a bid evidences bidder's representation and warranty that the person submitting the bid response is authorized to act for and bind the contractor.
- All original and duplicate bids/proposals and other attachments, related documents and correspondence, including all follow-up documents and correspondence, shall be typed or written in English. All prices/percentages and/or other monetary figures shall be in United States dollars.
- It shall be the bidder's responsibility to verify that the electronic version is complete.
- Issuing Officer: The sole point of contact for the County for purposes of this solicitation is the Buyer, listed on the cover page; questions regarding any aspect of the competitive process must be directed to the Issuing Officer in writing.
- Award of Solicitations
- Any award pursuant to Requests for Quotations and Invitation for Bid may be made to the lowest responsive and responsible bidder as outlined within the County Procurement Manual, 2019, as amended.
- Awards on Requests for Quotations will be made within sixty (60) days after receipt of quote, unless otherwise indicated within solicitation. Invitation for Bid shall be made within one hundred eighty (180) days after bid opening unless otherwise indicated within solicitation. No bidder will be allowed to withdraw a bid during that period.
- The successful bidder may be required to give security or bond, as stated in the bid document, for payment and/or performance of the contract.
- When there is a conflict between the unit price or percentage and the extension, the unit price or percentage will prevail as the amount of the bid.
- The County will not pay interest charges or other penalties for invoice payments.
- Prices quoted shall be exclusive of all non-applicable Federal and Maryland State taxes. Tax exemption certificate will be furnished if required.
- The County reserves the right to consider making payments via electronic funds transfers (EFT) on contracts for which this payment vehicle may be appropriate.
- Reservations
- The County reserves the right to reject, in whole or in part, any and all bids received, and to make a whole award, multiple awards, a partial award, or no award, to best service the public interest.
- The County may waive formalities in bids as the interests of the County may require.
- The County reserves the right to increase or decrease quantities by approximately twenty (20) percent to be purchased at the prices bid.
- The County reserves the right to award solicitations or place orders on a lump sum or individual item basis, or in such combination as to best serve the public interest.
- The county may waive minor differences, irregularities, and technicalities in the specifications, provided they neither violate the specifications intent, materially affect the operation for which the items or services are being purchased, nor increased estimated maintenance and repair costs to the County.
- At any time during normal business hours and as often as the County may deem necessary, the Contractor shall make available to and permit inspection and photocopying, by the County, its employees or agents, of all records, information and documentation of the Contractor related to the subject matter of this contract, including, but not limited to, all contracts, invoices, payroll, and financial audits.
- Notwithstanding any other terms or provisions of the contract, in the event the County is temporarily or permanently prevented, restricted or delayed in the performance of any or all of the duties and obligations imposed upon or assumed by it thereunder, by act of the General Assembly of Maryland or the Cecil County Council, by a court of competent jurisdiction or by administrative delay not due to the fault of the County (and its members and agents) shall not be liable directly or indirectly for any claims caused to or suffered by the Contractor or any other person in connection with or as a result of such prevention, restriction or delay.
- The County further reserves the right to make such investigation as it deems necessary to determine the ability of bidders to furnish the required services, and bidders shall furnish all such information for this purpose as the County may request. The County also reserves the right to reject the proposal of any bidder who is not currently in a position to perform the contract, or who has previously failed to perform similar contracts properly, or in a manner acceptable to the County, all of which shall be in the County's sole discretion.
- Delivery
- Bidders shall guarantee delivery of materials in accordance with the delivery schedule stated in specifications. All items shall be delivered F.O.B. Destination/Inside Delivery, unless otherwise indicated, with delivery costs and charges included in the bid price.
- The County reserves the right to charge the Contractor or vendor for each day the materials, supplies, or services are not delivered in accordance with the delivery schedule. The sum established by the specifications may be invoked at the discretion of the Purchasing Agent, said sum to be considered not as a penalty, but as liquidated damages, and deducted from final payment, or otherwise, charged to the Contractor or vendor. This remedy is not exclusive but shall be in addition to all other rights and remedies available to the County. These liquidated damages shall be in addition to any and all actual damages incurred directly or indirectly by the County, its agents, assigns, and contractors.
- All bidders and vendors are to ensure that packaging materials used for this requirement are not made of non-recyclable Styrofoam (Polystyrene). Additionally, any materials used in packing to cushion, protect and ship are to be made of recycled, recyclable or biodegradable materials.
- Competition
- The name of any manufacturer, trade name, or vendor catalog number mentioned in the specifications is for the purpose of designating a standard of quality and type, and for no other purpose unless otherwise stated in the solicitation.
- A bidder may offer a price on only one unit per line item. Even though two or more units may meet the specification, bidders must determine for themselves which to offer. Submission by a bidder of prices for more than one unit shall be sufficient cause for rejection of the bid for that specific item.
- Bids which show omission, irregularity, alteration of forms or additions not called for, as well as conditional or unconditional unresponsive bids, or bids obviously unbalanced, may be rejected.
- All bids must be accompanied by such descriptive literature as may be called for by the specifications or proposal.
- If products to be provided to the County contain any substances that could be hazardous or injurious to a person's health, a material safety data sheet (MSDS) must be provided to the Procurement Division. This applies also to any product used by a Contractor when providing a service to the County.
- Specifications are based on County needs and uses, estimated costs of operations and maintenance, and other significant and/or limiting factors to meet County requirements, and to ensure consistency with County policies. Minimum specifications, and maximum specifications where included, are not established arbitrarily to limit competition or to exclude otherwise competitive bidders.
- Unless multiple or alternate bids are requested in the solicitation, these bids may not be accepted. However, if a bidder clearly indicates a base bid, it shall be considered for award as though it were the only bid submitted by the bidder.
- Terminations
- Termination for Convenience: The County may terminate a contract, in whole or in part, without cause, by providing written notice thereof to the Contractor. In the event of termination, without cause, the County shall advise the Contractor in writing of the termination date and of work to be performed during the final days prior to contract termination. The Contractor shall be paid for all reasonable costs incurred by the Contractor up to the date of termination set forth in the written notice of termination. The Contractor will not be reimbursed for any anticipatory profits, which have not been earned up to the date of termination. Payments to be provided on a lump sum basis shall be prorated by the County based on the services rendered or goods delivered up to the date of termination set forth in the written notice.
- Termination for Default:
- In addition to other available rights and remedies, the County shall have the right upon the happening of any default, without providing notice to the Contractor: 1) To terminate a contract immediately, in whole or in part; 2) To suspend the contractor's authority to receive any undisbursed funds; and/or 3) To proceed at any time or from time to time to protect and enforce all rights and remedies available to the County, by suit or any other appropriate proceedings, whether for specific performance or any covenant, term or condition set forth in the contract, or for damages or other relief, or proceed to take any action authorized or permitted under applicable law or regulations.
- Upon termination of a contract for default, the County may elect to pay the Contractor for services provided or goods delivered up to the date of termination, less the amount of damages caused by the default, all as determined by the County in its sole discretion. If the damages exceed the undisbursed sums available for compensation, the County shall not be obligated to make any further disbursements hereunder.
- Funding Out: If funds are not appropriated or otherwise made available to support contract continuation in any fiscal year, the County shall have the right to terminate the contract without prior notice to the Contractor and without any obligation or penalty.
- Hold Harmless - Indemnification
- The Contractor shall defend, indemnify and hold harmless the County, its employees, agents and officials from any and all liabilities, claims, suits, or demands including attorney's fees and court costs which may be incurred or made against the County, its employees, agents or officials resulting from any act or omission committed in the performance of the duties imposed by and performed under the terms of the contract. The Contractor shall not be responsible for acts of gross negligence or willful misconduct committed by the County.
- The Contractor shall also defend, indemnify, and hold harmless the County, its employees, agents and officials from any and all liabilities, claims, suits, or demands including attorney's fees and court costs which may be made against the County, its employees, agents or officials by any third party arising from the alleged violation of any third party's trade secrets, proprietary information , trademark, copyright, patent rights, or intellectual property rights in connection with the contract.
- Unless notified in writing by the County to the contrary, the Contractor shall provide defense for the County, its employees, agents and officials in accordance with this Article and in doing so the Contractor shall allow the County to participate in said defense of the County, its employees, agents and officials, to the extent and as may be required by the County and the Contractor shall cooperate with the County in all aspects in connection therewith. All filings, actions, settlements, and pleadings shall be provided to the County for comment and review prior to filing or entering thereof. No filing, action, settlement or pleading shall be filed or entered without the prior consent and approval of the County.
- Authority
- In case of disputes as to whether an item or service quoted or delivered meets specifications, the decision of the Purchasing Agent or authorized representative shall be final and binding on both parties. The Purchasing Agent may request the recommendation in writing of the head of the using agency, the Standards and Specifications Committee, or other objective sources.
- Bidders desiring to appeal a decision of the Procurement Division must deliver written protests to the Procurement Division within 10 days of notification of award. The Purchasing Agent or designee will review the protested decision, examine any additional information provided by the bidder and process protest as per specifications stated within the Code of Cecil County.
- HIPAA
- The Contractor shall comply with the Health Insurance Portability and Accountability Act (HIPAA) and shall execute a Business Associate Agreement as may be required by the County.
- Terms of Contract
- Any contract awarded pursuant to this solicitation shall be by and between the successful bidder and the County, and shall contain and incorporate, but may not be limited to, all terms and conditions of the solicitation, any amendments or changes thereto. Submission of a bid in response to this solicitation evidences the Contractor's acceptance of the terms and conditions therein.
- The provisions of the contract awarded pursuant to this solicitation shall be governed by the laws and regulations of Maryland and Cecil County.
- Any litigation arising out of or relating in any way to the contract or the performance thereunder shall be brought only in the courts of Maryland, and the Contractor hereby irrevocably consents to such jurisdiction. To the extent that the County is a party to any litigation arising out of or relating in any way to the contract or the performance thereunder, such an action shall be brought only in a court of competent jurisdiction in the courts of the State of Maryland.
- Severability
- If any provisions in the contract are declared by a court or other lawful authority to be unenforceable or invalid for any reason the remaining provisions hereof shall not be affected thereby and shall remain enforceable to the full extent permitted by law.
- Counterparts
- The contract may be executed in any number of counterparts and by different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which taken together shall constitute but one and the same instrument.
- Survival
- The provisions of Representations and Warranties, Damages, Indemnification, and HIPAA shall survive delivery of commodities and/or performance of services.
- No Waiver, Etc.
- No failure or delay by the County to insist upon the strict performance of any term, condition or covenant of the contract, or to exercise any right, power, or remedy consequent upon a breach thereof, shall constitute a waiver of any such term, condition, or covenant or of any such breach, or preclude the County from exercising any such right, power, or remedy at any later time or times.
- Maryland Registration/Qualification Requirements
- Cecil County verifies the company's status with SDAT and may require the successful bidder to submit a Good Standing Certificate (also known as a "Certificate of Status") issued by the Maryland Department of Assessment and Taxation's ("SDAT") Charter Division, and the State of Organization.
- For information on registering to do business in the State of Maryland or to download SDAT related forms visit the Maryland Department of State Department of Assessments & Taxation at http://www.dat.state.maryland.gov/businesses/Pages/def ault.aspx. If you need additional assistance call (410) 767-1184.
- Cecil County requires the successful bidder to be in "good standing" (also known as Certificate of Status) with the State in which it is organized, and in the State of Maryland, under certain circumstances. Cecil County verifies the successful bidder's status with SDAT. Non compliance to this section may result in a delay in contract award or rejection of a bid.
- All bidders must be in good standing with Cecil County, Maryland. Proposers must meet any outstanding taxes, fees, or accounts with Cecil County, Section § 45-2 of the Cecil County Code, 2022, as amended.
- Warranty
- Contractor warrants for one year from acceptance, or for such longer period otherwise expressly stated in the attached solicitation, all goods, services, and construction provided. This includes a warranty against any and all defects. The contractor must correct any and all defects in material and/or workmanship that may appear during the warranty period, even if discovered after the end of the warranty period, by repairing any such defect, (or replacing with new items or new materials, if necessary), at no cost to the County and to the County's satisfaction.
- Should a manufacturer's or service provider's warranty exceed the requirements stated above, that warranty will be the primary one used in the case of defect. Copies of manufacturer's or service provider's warranties must be provided upon request.
- All warranties must be in effect from the date of acceptance by the County of the goods, services, or construction.
- The contractor warrants that all work shall be accomplished in a workmanlike manner, and the contractor must observe and comply with all Federal, State, County and local laws, ordinances and regulations in providing the goods, and performing the services or construction.
- Requests for Proposals
- In addition to aforementioned instructions, the following apply to Requests for Proposals (RFP).
- All RFP proposals submitted shall be valid for 180 days following the closing date noted, unless otherwise specified in the bid documents. This period may be extended by mutual written agreement between offerors and the County. Proposals may not be withdrawn during this period.
- Modifications: The County may, at any time by written order, make changes within the general scope of a contract including, but not limited to, changes (1) in any designs or specifications; (2) in the method, quantity, or manner of performance of the work; (3) in any County furnished facilities, equipment, materials, services, or property; or (4) directing acceleration in the performance of the work. No change, modification or revision shall be binding upon the County, unless made in writing by its authorized representatives.
- Subcontracting and Assignment: All sub- contracting arrangements require prior approval of the County. The Contractor shall not assign, transfer, convey, delegate, subcontract, or otherwise dispose of any award of any or all of its rights, title, or interest therein, without the prior written consent of the County, which shall not be unreasonably withheld.
- Additional Reservations for RFP's
- This RFP creates no obligation on the part of the County to compensate offerors for proposal preparation expenses. The County reserves the right to award a contract based upon proposals received without further negotiation and may do so; offerors should not rely upon the opportunity to alter their proposals during discussions.
- The County reserves the right to waive minor irregularities, to negotiate in any manner necessary to best serve the public interest, and to make a whole award, multiple awards, a partial award, or no award. The County reserves the right to cancel this RFP, in whole or in part, any time before the closing date.
- Confidentiality: Offerors must specifically identify any portions of their proposals deemed to contain confidential information, proprietary information or trade secrets. Those portions must be readily separable from the balance of the proposal. Such designations will not be conclusive, and offerors may be required to justify why such material should not, upon written request, be disclosed by the County under the Public Information Act, General Provisions Article, Title 4, of the Annotated Code of Maryland, as amended. The County may disclose such information if required by law, court order or subpoena.
- Local Preference (not applicable for RFPs)
Section 92 of the Cecil County Code entitled “Local Preference” reads as follows:
“Cecil County, Maryland reserves the right to show preference to local bidders in the purchase of supplies, equipment, and services. The amount shall not exceed 6% of the amount bid or quoted, and/or $60,000, whichever is less. A “local bidder” is defined as an individual or business who maintains a place of business or maintains an inventory of merchandise and/or equipment in Cecil County, is licensed by Cecil County and/or the State of Maryland, if required and is subject to Cecil County real and/or personal property taxes. Any local bidder in default on payment of any county or state tax or license shall not be eligible to receive preference until all taxes or licenses due are paid”.
Bidders are cautioned to note the specific and several requirements that may qualify a bidder for local preference consideration. A bidder wishing to receive local preference consideration must be able to demonstrate qualification under all the noted requirements.
No bidder should assume, regardless of whether the bidder qualifies under the definition of “Local Bidder,” that Cecil County, Maryland would grant preference on this contract to any bidder. Cecil County, Maryland reserves the right to do so under Section 92 of the Cecil County Code but is not bound to do so under any circumstance, regardless of precedent.
Any bidder that wishes to be considered a “Local Bidder,” in the County’s award of the contract shall submit with the bid any and all documentation that proves that the bidder, identified by name in the submitted bid, meets the definition of “Local Bidder.” Neither County Executive nor the Procurement Officer shall be bound by any information or documentation provided by the bidder after opening of the bids. However, the County reserves all rights to investigate a bidder’s potential qualification as a “Local Bidder” and use any relevant information in its determination of a bidder’s qualification under the definition, regardless of when it is obtained.
- Non-Resident Contractor Notification
At the request of the Maryland State Comptroller of the Treasury a list of all Non-Resident Contractors awarded a contract for the improvement of real property in the amount of $500,000 dollars or more and all non-resident sub-contractors that equals or exceeds $50,000 or reasonably can be expected to equal or exceed $50,000 shall be forwarded by the Cecil County, Maryland to the Maryland State Comptroller of the Treasury, Compliance Division, 301 W. Preston Street, Room 407, Baltimore MD 21201.
The notification shall be forwarded by the Cecil County, Maryland once the “Notice to Proceed” is sent and shall include the following information:
- “Non-resident Contractor” is defined as a contractor that does not maintain a regular place of business in the state of Maryland.
- “Regular place of business” is defined as:
a bona fide office, other than a statutory office,
a factory,
a warehouse,
or any other space in this state, which a person is doing business in its own name in a regular and systematic matter and that is continuously maintained, occupied, and used by the person carrying on its business through its regular employees regularly in attendance.
- Examination of Site and Data
Before submitting proposals, prospective Contractors shall carefully examine the Proposed Contract Documents, inspect the site of proposed installations, acquaint themselves with all governing laws, ordinances, etc. and otherwise thoroughly familiarize themselves with all matters which may affect the performance of the work. The act of submitting a proposal shall be considered as meaning that the Contractor has so familiarized themselves and, therefore, no concession will be granted by the County because of any claim of misunderstanding or lack of information. Contractors are expected to read and study all specifications with special care and to observe all their requirements.
Discrepancies, ambiguities, errors, or omissions noted by Contractors should be reported promptly to the County for correction or interpretation before the date of the opening of proposal.
- Project Funding
- All projects are subject to funding approval by Cecil County Council and the Cecil County Executive. Some projects may also be subject to Federal, State, and/or local grant funding conditions and approval. All project awards are subject to required funding approvals.
- Breaches and Dispute Resolution
- Disputes– Disputes arising in the performance of this Contract which are not resolved by agreement of the parties shall be decided in writing by the authorized representative of Cecil County, Maryland. This decision shall be final and conclusive unless within ten (10) days from the date of receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the Cecil County, Maryland. In connection with any such appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. The decision of the Cecil County, Maryland shall be binding upon the Contractor and the Contractor shall abide be the decision.
- Performance During Dispute – Unless otherwise directed by Cecil County, Maryland, Contractor shall continue performance under this Contract while matters in dispute are being resolved.
- Claims for Damages – Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of their employees, agents, or others for whose acts he is legally liable, a claim for damages, therefore, shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage.
- Rights and Remedies – The duties and obligations imposed by the Contract Documents and the rights and remedies available there under shall be in addition to and not a limitation of any duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the Cecil County, Maryland shall constitute a waiver of any right or duty under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach there under.
- Cooperative Purchase
- The County reserves the right to extend all the terms, conditions, specifications, and unit or other prices of any contract resulting from this bid to any and all public bodies, subdivisions, school districts, community colleges, colleges, universities including non-public schools. This is conditioned upon mutual agreement of all parties pursuant to special requirements which may be appended thereto. The supplier/contractor agrees to notify the issuing body of those entities that wish to use any contract resulting from this bid and will also provide usage information, which may be requested.
The County assumes no authority, liability, or obligation, on behalf of any other public or non-public entity that may use any contract resulting from this bid. All purchases and payment transactions will be made directly between the contractor and the requesting entity. Any exceptions to this requirement must be specifically noted in the bid response.
- Public Information Act (PIA)
Cecil County is subject to the Maryland Public Information Act and may be required to release bid submissions in accordance with the Act.
Bidders may submit a REDACTED version of their bid submittal that shall be released for any Public Information Act request that the County receives in reference to this solicitation. Only the REDACTED version shall be released. Any Bidder not submitting a REDACTED version authorizes Cecil County to release their bid submittal as submitted and shall not hold the County or any employees liable for any information released.
Any materials the Vendor deems to be proprietary or copyrighted must be marked as such; however, the material may still be subject to analysis under the Maryland Public Information Act.
- Scope of Work —
The County's Department of Public Works Solid Waste Management Division is seeking a vendor/contractor to provide containers and the transportation of single stream recyclables that have been collected from the Cecil County Central Landfill.
Location of material pick-up:
Cecil County Central Landfill
758 E Old Philadelphia Road
Elkton, MD 21921
Hours of operation: Monday through Saturday 7:30 AM to 3:30 PM EST.
Location of Recycling Plant (contracted vendor awarded by Cecil County)
ReCommunity Delaware LLC
1101 Lamson Lane
New Castle, DE 19720
Single Stream Recyclables are collected from County residents and businesses.
Single Stream Recyclables include the following:
- Newspapers (with inserts)
- Magazines and Catalogs
- Junk Mail
- Cardboard and paperboard boxes corrugated cardboard
- Computer printouts
- Colored paper
- Cardstock
- Books (including paperbacks)
- Office paper and envelopes
- Brown paper bags
- Non-metallic wrapping paper
- Milk cartons
- #1,2,4,5,7 rigid plastic containers including bottles, jugs, wide-mouth tubs, and trays (clean of food waste)
- Aluminum foil and aluminum pie pans
- Glass containers: jars and bottles
All three solid waste facilities accept loose metal, glass, and plastic food and beverage containers, paper such as newspapers, cardboard, and magazine, and plastic containers are accepted. No plastic bags, plastic film, polystyrene foam, electronics, food waste, canning jars, or window glass is accepted as single stream recyclables.
The County's Solid Waste Management Division has been single stream recycling since December 2006. In fiscal year 2025, the Solid Waste division shipped out three hundred seventy-three (373) loads of 90–100-yard walking floor trailers full of single stream recyclables weighing approximately 4100 tons. The Solid Waste division is pulling approximately thirty-one (31) 90-yard loads of single stream recyclables per month.
| Fiscal Year 2025 | Single Stream Recycling Tons | Number of Loads Transported |
| July | 394 | 33 |
| August | 426 | 35 |
| September | 359 | 34 |
| October | 323 | 33 |
| November | 278 | 27 |
| December | 227 | 22 |
| January | 309 | 31 |
| February | 317 | 31 |
| March | 320 | 30 |
| April | 405 | 34 |
| May | 402 | 33 |
| June | 386 | 30 |
| | | |
| Total | 4,146 | 373 |
Vendor Responsibility:
- Provide a per load price for container delivery, pickup, and transportation to the recycling plant listed.
- Weigh 90-100-yard walking floor trailers in and out at the Central Landfill.
- Supply all 90-100-yard walking floor trailers; minimum of six (6); five (5) on site, one (1) in transport.
- Deliver an empty 90-100-yeard trailer when called to the Central Landfill, pickup a full container, deliver, and empty at the recycling plant.
- Provide additional 90-1---yard trailers during high recycling collection times
- Respond within four (4) hours when called to pickup a full trailer and place an empty trailer in its place.
- All permits shall be obtained by the vendor.
Landfill's Responsibility:
- Contact vendor for pickup and delivery
- Pay a per load fee to vendor
- Recycling Plant Location —
ReCommunity Delaware LLC
1101 Lamson Lane
New Castle, DE 19720
- Site Visit —
Site visits will be by appointment only at NO VALUEon the following dates:
Email the Purchasing Office at purchasingoffice@cecilcountymd.gov to register for the site visits.
- Term of Agreement —
Cecil County, Maryland intends that the contractor awarded a contract, will perform the work commencing upon the date specified in the Notice to Proceed or notification of award and terminate upon expiration or completion of the project or product delivery, unless terminated by the County with the delivery of written notification of contract termination.
All contracts extending beyond the County’s fiscal year (June 30th annually) shall be subject to budget appropriation. In the event the on-going contract does not acquire funding to continue, the awarded contractor shall be notified in writing at the earliest possible and contract termination shall be coordinated.
This is a service type contract under which Cecil County, Maryland is obligated during the initial term of the contract.
Initial Term:
July 1, 2026 or final execution of contract documents through June 30, 2027
Renewal Options (by mutual agreement):
1st Renewal: July 1, 2027 through June 30, 2028
2nd Renewal: July 1, 2028 through June 30, 2029
3rd Renewal: July 1, 2029 through June 30, 2030
4th Renewal (last option): July 1, 2030 through June 30, 2031
Cecil County, Maryland reserves the right to accept or reject any option for contract renewal. Additionally, the Contractor is obligated to perform the services as agreed upon within the proposal, which the Cecil County, Maryland requires in its operation. Should an emergency arise and the Contractor cannot perform the required service as outlined within this agreement, the County reserves the right to contract these services from other sources to meet these needs without prejudice of this contract.
- Method of Award —
- The County reserves the right to reject any or all bids.
- The Contract shall be awarded or rejected within 180 days from the date of opening bids.
- If the bidder to whom an award is made shall fail to execute the Contract in the specified time indicated in (d) below, the award may be annulled and the Contract awarded to the second lowest and responsible bidder, or the County may reject all of the bids as their interest may require.
- Once all contracts and bond requirements are prepared for the contractor’s signature and completion, a package will be sent to the contractor and will have ten (10) workdays from the date of receipt to complete the required paperwork and return for final processing. If the contractor is unable to complete the package within set time limits, the contractor may request in writing a limited one-time extension two (2) workdays prior to completion date. If the extension is provided, the timeframe will be determined by the County. Once all time limits are surpassed and the required paperwork is not completed and returned, the County has the right to award the bid to the next qualified vendor and the original vendor may forfeit the bid bond/certified check, etc., as liquidated damages.
- If the awarded vendor fails to provide services as stipulated within the IFB in the first year of contract, the County reserves the right to cancel the contract and award to the second lowest responsive/responsible vendor without resoliciting for services.
- Bid Bond Requirement —
NO BID BOND REQUIRED
or
- No bid will be considered unless accompanied by a certified check or an acceptable bid bond of the bidder, payable to the order of Cecil County, Maryland, for five (5) percent of the total base bid amount, which will be forfeited to the County as liquidated damages in case an award is made, and the Contract and Bond are not promptly and properly executed as required within ten (10) days after the award of the Contract.
- The certified check and/or bid bonds of all except the two lowest bidders shall be returned after the Contract is awarded; and the checks of the two lowest bidders shall be returned after the proper execution of the Contract Documents with the low bidder.
- If the low bidder shall fail to execute the Contract Documents as specified, he shall forfeit the bid bond or certified check as liquidated damages and the Contract may be awarded to the second low bidder as specified in #Award Information Section.
- Bond Requirements —
The Contract Payment and Contract Performance Bond are each to be in an amount equal to one hundred percent of the Contract amount. If the TOTAL BID AMOUNT is less than $100,000.00, the Contract Payment and Performance Bonds will not be required.
- Escalation —
All unit prices offered herein shall be firm against any increase for one (1) year from the effective date of the contract.
For each option year, the County may entertain a request for escalation in accordance with the current Consumer Price Index at the time of the request or up to a maximum 3% increase on the current pricing, whichever is lower.
For purposes of this section, “Consumer Price Index” shall mean the Consumer Price Index-All Urban Consumers-United States Average-All Items (CPI-U), as published by the United States Department of Labor, Bureau of Labor Statistics.
he County reserves the right to accept or reject the request for a price increase within fourteen (14) days. If the price increase is approved, the price will remain firm for twelve (12) months.
All other terms, conditions and specifications will remain the same.
The increased contract price shall not apply to orders received by the contractor prior to the effective date of the approved increased contract unit price. Orders placed via purchase order, shall be considered to have been received by the contractor after the fifth (5th) calendar day following the date of issuance. The Procurement Officer may cancel, without liability to either party, any portion of the contract affected by the requested increase and any materials, supplies or services undelivered at the time of such cancellation. Invoices reflecting “NEW” prices will not be processed for deliveries of goods received prior to the increase approval date.
Price decreases shall also be passed on to the County and do not require verification. Decreases become effective immediately upon notification.
- Materials, Workmanship, Permits, Licenses, Inspections —
- With regard to this contract, the Project Manager or his/her designated representative will determine acceptability of all work and/or services performed. If the work and/or services are not acceptable, the Contractor will be called in to review and correct all problem areas without additional cost to the County. Upon notification by the Project Manager or the designated representative, the Contractor will affect repairs to deficient work and/or services in accordance with a schedule jointly agreed upon.
- The County reserves the right to make unannounced periodic inspections of the work in progress. Contractor shall contact the Project Manager or his/her designated representative prior to beginning work.
- As required, permits, licenses, and taxes shall be the responsibility of the Contractor at no additional cost to the County.
- Contractor shall provide a complete, workmanlike, well executed job in accordance with these specifications and all applicable national and local codes. Any additional code requirements reque3sted by Cecil county shall be noted within.
- In cases of conflict between requirements; that requirement which is in compliance with all applicable codes and which is also in the opinion of Cecil County more advantageous to Cecil County shall govern. It is conditioned that the Contractor comply in all respects with the terms, conditions, and obligations of the agreement and their obligations thereunder including the specifications.
- The work to be done under this contract includes, but is not limited to the providing of all labor, materials, supervision, equipment, services, incidentals, and related items necessary to complete the work in accordance with this specification and scope of work.
- In cases where delays are clearly not the Contractor's responsibility, the Contractor shall notify the Project Manager or his/her designated representative for explanation of procedures. The Contractor must investigate and report on any complaints that might arise in connection with the use of their material and supplies.
- Invoices —
A Purchase Order will be sent to the contractor upon award of the contract. All payments will be remitted within thirty (30) days (net 30) upon receipt of an approved invoice.
All invoices shall be submitted to:
Cecil County, Maryland
Department of Public Works
Solid Wast Division
758 E Old Philadelphia Road
Elkton, MD 21921
- Liquidated Damages —
It is hereby understood and mutually agreed, by and between the Contractor and the County that “Time is of the Essence” with regard to the performance of this Contract, such that the date of beginning and the time for completion as specified in the Contract of the work to be done hereunder are Essential Conditions of the Contract; and it is further mutually understood and agreed that the work embraced in this Contract shall be commenced on a date to be specified in the “Notice to Proceed”.
The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the County, that the time for the completion of the work described herein, is a reasonable time for the completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality.
If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the County, then the Contractor does hereby agree, as a part, consideration for the awarding of this Contract, to pay to the County the damages for such breach of Contract as hereinafter set forth, for each and every work day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the County because of the impracticability and difficulty of fixing and ascertaining the actual damages the County would in such an event sustain and said amount is agreed to be a fair estimate of the amount of damages which the County would on account of unexcused project delays sustain and said amount be withheld from time to time by the County from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this Contract and of the specifications, wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the Contract, additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this Contract. Provided that the Contractor shall not be charged with liquidated damages or any excess cost when the County determines that the Contractor is without fault and the Contractor’s reasons for the time extension are acceptable to the County; provided further that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due:
To any preference, priority, or allocation order duly issued by the Government;
To unforeseeable cause beyond the control and without the fault of negligence of the Contractor, including, but not restricted to, acts of God, or of the public enemy, acts of the County, acts of another Contractor in the performance of a contract with the County, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and severe weather; and
To any delays of subcontractors or supplies occasioned by any of the causes specified in subsections (a) and (b) of this article.
Provided further, that the Contractor shall, within TBD days from the beginning of such delay, unless the County shall grant a further period of time prior to the date of final settlement of the Contract, notify the County, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter.
Provided further, the amount of liquidated damages shall be $TBD per work day.
- A Copy of Certificate of Status from Maryland Department of Assessments and Taxation (required)
- A copy of current business license for State of Maryland (required) —
Provide copy of license to do business in the State of Maryland.
- Procurement Affidavit (required) —
By selecting confirm, the bidder agrees to the following:
The bidder declares that the only person, firm, or corporation, or persons, firms, or corporations, that has or have any interest in this proposal or in the Contract or Contracts proposed to be taken is the confirmed below. This proposal is made without any connection or collusion with any person, firm, or corporation making a proposal for the same work; that the attached specifications have been carefully examined and are understood; that as careful an examination has been made as is necessary to become informed as to the character and extent of the work required; and that it is proposed and agreed, if the proposal is accepted to contract with Cecil County, Maryland, in the form of Contract heretofore attached, to do the required work in the manner set forth in the specifications.
The bid price attached is to include and cover the furnishing of all equipment, materials, and labor requisite and proper and the providing of all necessary machinery, tools, apparatus, and means for performing the work, and described, and shown in the plans and specifications within the prescribed time. If this proposal shall be accepted by said County and the undersigned shall refuse or neglect within ten days after receiving the Contract for execution to execute the same, and to give stipulated bond, then said County may at their option determine that the bidder has abandoned the Contract; and thereupon the proposal and the acceptance thereof shall be null and void; and the deposit accompanying the proposal shall be forfeited to and become the property of the County.
- Total Bid Amount (required) —
The Bid Form lists all anticipated work tasks, the unit of measure and estimated quantities. The bidders shall insert as indicated a unit price or lump sum price for each listed work task and multiply that price by the quantity to arrive at an extended total for each work task. All extended prices are then summed to arrive at the Total Bid Amount for the project. The bid will be awarded to the bidder that has the lowest total bid price and is responsive and responsible as defined in the bid/contract documents.
By confirming, the bidder swears (or affirms) under the penalty of perjury that the Bidders, its agents, servants, and/or employees, to the best of their knowledge and belief, have not in any way colluded with anyone for and on behalf of the Bidder, or themselves, to obtain information that would give the Bidder any unfair advantage over others, nor have to gain any favoritism in the award of any contract resulting from this bid. By confirming this bid form, I acknowledge that I have read the entire bid package.
- Certificate of Compliance (required) —
The above statements and responses are certified to be true and accurate, and we have the equipment, labor, supervision and financial capacity to perform this Contract for the Total Bid Amount, either with our organization, or with subcontractors.
- Agreement of Terms and Conditions (required) —
The VENDOR declares that the only person, firm or corporation, or persons, firms or corporations, that has or have any interest in this proposal or in the Contract or Contracts proposed to be taken is acknowledged; that this proposal is made without any connection or collusion with any person, firm or corporation making a proposal for the same work; that the attached specifications have been carefully examined and are understood; that as careful an examination has been made as is necessary to become informed as to the character and extent of the work required; and, that it is proposed and agreed, if the proposal is accepted to contract with Cecil County, Maryland, in the form of Contract heretofore attached, to do the required work in the manner set forth in the specifications.
The proposal price on the attached and Proposal Forms are to include and cover the furnishing of all equipment, materials, and labor requisite and proper and the providing of all necessary machinery, tools, apparatus, kitchen utensils and means for performing the work, and described and shown in the plans and specifications within the prescribed time. If this proposal shall be accepted by said County and the VENDOR shall refuse or neglect within ten days after receiving the Contract for execution to execute the same, and to give stipulated bond, then said County may at their option determine that the VENDOR has abandoned the Contract; and, thereupon, the proposal and the acceptance thereof shall be null and void; and, the deposit accompanying the proposal shall be forfeited to and become the property of the County.
In the case of firms, the firm’s name must be subscribed to by at least one (1) member. In the case of corporations, the corporate name must be by some authorized officer or agent thereof, who shall also subscribe his name and office.
- Indemnity/Hold Harmless Agreement (required) —
The VENDOR declares that the only person, firm or corporation, or persons, firms or corporations, that has or have any interest in this proposal or in the Contract or Contracts proposed to be taken is acknowledged; that this proposal is made without any connection or collusion with any person, firm or corporation making a proposal for the same work; that the attached specifications have been carefully examined and are understood; that as careful an examination has been made as is necessary to become informed as to the character and extent of the work required; and, that it is proposed and agreed, if the proposal is accepted to contract with Cecil County, Maryland, in the form of Contract heretofore attached, to do the required work in the manner set forth in the specifications.
The proposal price on the attached and Proposal Forms are to include and cover the furnishing of all equipment, materials, and labor requisite and proper and the providing of all necessary machinery, tools, apparatus, kitchen utensils and means for performing the work, and described and shown in the plans and specifications within the prescribed time. If this proposal shall be accepted by said County and the VENDOR shall refuse or neglect within ten days after receiving the Contract for execution to execute the same, and to give stipulated bond, then said County may at their option determine that the VENDOR has abandoned the Contract; and, thereupon, the proposal and the acceptance thereof shall be null and void; and, the deposit accompanying the proposal shall be forfeited to and become the property of the County.
In the case of firms, the firm’s name must be subscribed to by at least one (1) member. In the case of corporations, the corporate name must be by some authorized officer or agent thereof, who shall also subscribe his name and office.
- W-9 (required)
- Agreement of Jurisdiction (required) —
Governing Law; Consent to Jurisdiction. This procurement shall be governed by the laws of the State of Maryland, and the parties submit to the jurisdiction of the courts of the State of Maryland. This agreement may not be modified except in writing executed by the parties.
- Question & Answer/Addendum Verification (required) —
This is to certify this project reflects changes created by the addenda and acknowledgement of the Q&A section.
- Pricing (required)
- Pre-Bid/Pre-Proposal Meeting? (required)
- Attendance Requirement? (required)
- Type of Pre-Bid/Pre-Proposal Meeting (required)
- Is a Bid/Proposal Bond required? (required)
- Are Performance and Payment Bonds required? (required)
- Are Liquidated Damages required for this project? (required)
- Fill in the blank with number of days for Liquidated Damages Section. (required) —
Provided further, that the Contractor shall, within ____ days from the beginning of such delay, unless the County shall grant a further period of time prior to the date of final settlement of the Contract, notify the County, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter.
Type in the following format: three (3)
- Amount of Liquidated Damages per Day for this project. (required) —
Enter in dollar value
Example: 1,500
- Is "Experience and Qualifications" form required for this project? (required)
- Does this project have a site visit (required)
- Attendance Requirement (required)
- Site Visit Location (required)
- Does this contract have renewal options? (required)
- Renewal Options (required) —
How many renewal options are available?
Example enter as: two (2)