Smallwood and Westwood Wells Chlorinator Replacement (UN-1307)

The Board of Commissioners for Charles County seeks qualified contractors to provide construction services to upgrade existing tablet chlorinators to new Liquid Sodium Hypochlorite storage and feed system at two well sites in Charles County, MD. A 10’x12’ precast Bldg. to house new sodium hypochlorite system (Smallwood Only). A 500-gallon (53” Dia. X 81” Tall) double walled HDPE Sodium Hypochlorite Tank (Smallwood Only). A 2 250 Gal. (34” Dia. X 83” Tall) double walled HDPE Sodium Hypochlorite Tanks (Westwood Only). 2 Peristaltic Metering pumps per site. Sodium hypochlorite piping, valves, and instruments to injection point. Potable water and emergency eyewash/shower. Exterior water and sodium hypochlorite piping in 4” containment pipe heat traced and insulated (Smallwood Only). Motor operated damper, exhaust fan, and split system A/C. Demo the existing tablet chlorinator system upon completion of start-up and testing new system.

Background

The existing Smallwood Well and Westwood Well sites provide water to a portion of Charles County. The well sites have aging tablet chlorinator equipment which is to be replaced as part of this contract. Each well site will be provided with new chemical feed equipment, mechanical, electrical, and instrumentation equipment, and meet all current building and County standards. The Smallwood Well site will be provided with new pre-engineered building.

Project Details

Reference ID: 26-034
Department: DPW - Capital Project Management
Department Head: Deputy Director (Deputy Director CPM)

Important Dates

Pre-Proposal Meeting: 2026-04-08T15:00:00.000Z — Pre-bid meeting will occur virtually/teleconference, unless otherwise specified. Firms that register timely and via the County's eProcurement Portal RSVP Manager will receive participation instructions. The attendance roster will be published on the County's eProcurement Portal.

Meetings & Milestones

Event	Date	Location
Site Visit	2026-04-09T14:00:00.000Z	Firms must register in advance to attend the site visit. Due to safety restrictions at the site, all visitors proceeding to the site location are recommended to wear steel-toed shoes/boots during the site visit portion of the meeting. The attendance roster will be published on the County's eProcurement Portal. The site visit address is: Smallwood Well site: 2860 Smallwood Dr. Waldorf, MD 20603 The Westwood Well doesn’t have a complete address on record: Berry Rd. Waldorf, MD 20601 From the map it’s at the intersection of Berry/228 and Westwood Dr/northbound lane of CO 505.
Bid Opening Registration Deadline	2026-04-28T16:00:00.000Z	Registration is required to attend the bid opening. Bidders interested in participating in the bid opening must register electronically via the County's eProcurement Portal RSVP Manager. Pricing will be available on the eProcurement Portal after the Bid Opening.
Bid Opening	2026-04-29T15:00:00.000Z	Bids received timely will be opened virtually. Pricing will be available on the eProcurement Portal after the Bid Opening.
Question Submission Deadline	2026-04-13T15:00:00.000Z	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.

Addenda

Official Notice #1: Pre-bid Meeting Minutes and Attendance Roster (released 2026-04-08T16:22:47.697Z)
Addendum #1 (released 2026-04-17T17:21:59.445Z)

Evaluation Criteria

Definitions —
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.
Base Bid Item A-1: Mobilization and General Conditions —
The price bid shall include the bonding costs, project signs, field offices, staging areas, and mobilizing rigs and equipment on site. Payment for mobilization will be made at the lump sum price bid. The lump sum price bid shall be limited to a maximum of five percent (5%) of the Total Base Bid Price. The maximum amount of the lump sum bid price requisitioned on Construction Pay Request No. 1 shall not exceed fifty percent (50%) of the total lump sum price. Succeeding requisitions shall be limited to a maximum of ten percent of the lump sum prices bid until the entire amount, less retainage, has been requisitioned.
Definitions —
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.
Project Description —
The primary purpose of the project is to demolish the existing tablet chlorinator equipment at the Smallwood Well and Westwood Well sites. At the Smallwood Well site, construct a new pre-engineered building with chemical feed equipment, piping and appurtenances. At the Westwood Well site, install chemical feed equipment, piping and appurtenances in the existing well house which generally includes the following:
A.    Mobilization to the Smallwood Well site
i.          Construct a new pre-engineered building
ii.          Install chemical feed equipment, piping, plumbing equipment, HVAC, electrical and instrumentation.
B.     Test all systems.
C.     Offsite disposal of construction waste.
D.    Salvage items as specified.
E.     Complete final site work and restoration at the Smallwood Well site; including final grading, topsoil, gravel, landscaping, sidewalk, etc.
F.     Demobilization from the Smallwood Well site.
G.    Mobilization to the Westwood Well site.
i.          Install chemical feed equipment, piping, plumbing equipment, HVAC, electrical and instrumentation.
H.    Test all systems.
I.       Offsite disposal of construction waste.
J.      Salvage items as specified.
K.    Demobilization from the Westwood Well site.
Bid Submission Conditions —
Charles County Government is accepting electronic bid submissions. Bidders 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.
Bids shall be submitted by the date and time specified. Late bids will not be accepted. Submission, modification, or withdrawal of proposals after the due date/time will not be considered.
It is the Bidders’ sole responsibility to ensure that bids are delivered via County's eProcurement Portal. Bidders 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 bids not received timely will not be considered.
Bids shall be valid and irrevocable for a minimum of one hundred twenty (120) days from the due date. A Bidder may submit only (1) bid in response to this ITB. Bidders shall monitor the County's eProcurement Portal for schedule changes issued via addendum.
Basis of Award —
The County intends to make award to the lowest responsive, responsible bidder(s) based on the sum of Base Bid Items plus Contingency Items on the Bid Form, provided it is in County’s best interest to do so. The contract entered into with the successful bidder(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 Form —
Bid pricing shall be submitted on the Bid Form. All cost columns of the table shall be fully completed to be able to submit a bid 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 Bidder may only submit one (1) Bid 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 Bid Form.
Definitions —
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.
Prevailing Wage —
§ 228-1
ARTICLE I
Prevailing Wage Requirements [Adopted 12-3-2008 by Bill No. 2008-201]
Revised 9-27-2023

§ 228-1. Definitions.
In this article, the following words have the meanings indicated:
APPRENTICE — An individual who:
1. Is at least 18 years old;
2. Has signed an agreement with an employer or employer's agent, an association of employers, an organization of employees, or a joint committee, that includes a statement of:
  1. The trade, craft, or occupation that the individual is learning; and
  2. The beginning and ending dates of the apprenticeship; and
3. Is registered in a program of a Council or Bureau of Apprenticeship and Training of the United States Department of Labor.
CONSTRUCTION —
1. The process of building, altering, repairing, improving, rehabbing or demolishing any structure or building, or other structural improvements of any kind to any real property, including routine operation, repair, and mechanical systems service contract for maintenance of existing structures, buildings, or real property.
COUNTY FINANCED CONSTRUCTION CONTRACT — A contract for construction work that is awarded by the County or where County funds are used to finance all or part of the cost of the contract.
COUNTY FUNDS — Any funds directly appropriated by the County.
EMPLOYEE — An apprentice or worker employed by a contractor or subcontractor on a County financed construction contract.
MECHANICAL SYSTEMS SERVICE CONTRACT - a contract for service of the following systems:
1. HVAC systems, including heating, ventilation, and cooling/air conditioning equipment;
2. Refrigeration systems;
3. Plumbing systems, including pipes, tanks, fittings, and other elements that control the water and gas supply, heating, and sanitation of a building;
4. Electrical systems, including any electrical power and overhead and underground lines, poles, transformers, and other related equipment; or
5. Elevator systems, including escalators, moving walkways, and other related conveyances.
PREVAILING WAGE — The hourly wage rate set by the State Commissioner of Labor and Industry for state-funded construction contracts in the County.
PUBLIC ENTITY —
1. The federal government;
2. A state government and any of its agencies;
3. Any political subdivision of a state government and any of its agencies;
4. Any Board, Commission, or Committee established by federal, state, or local law;
5. Any organization or association of the federal government, state governments, or political subdivisions of state governments; and
6. Any other entity that is:
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1. 1. Editor's Note: This bill was adopted as Ch. 299 but was redesignated in order to maintain the organizational structure of the Code.
1. 1. Qualified as a nontaxable corporation under the United States Internal Revenue Code, as amended; and
  2. Incorporated by an entity under Subsections A through E for the exclusive purpose of supporting or benefitting an entity under Subsections A through E.
WORKER — Laborer or mechanic.
§ 228-2. Exclusions.
This article does not apply to a County-financed construction contract:
1. Of less than $500,000;
2. That is subject to a federal or state prevailing wage law;
3. With a public entity;
4. To the extent that the contractor is expressly precluded from complying with this article by the terms of any federal or state law, contract, or grant.
5. This article applies to a mechanical systems service contract with a contract value in excess of the threshold amount codified at 41 U.S.C. 6702(A)(2), The McNamara-O’Hara Service Contract Act Of 1965, as amended. notwithstanding the foregoing, this subsection does not apply to the renewal or extension of a mechanical systems service contract with an original contract date prior to the effective date of subsection E.
§ 228-3. Payment of prevailing wage.
Any contractor and subcontractor that performs direct and measurable construction work on a County-financed construction contract must pay each employee at a rate equal to or more than the prevailing wage currently in effect for the type of work performed.
§ 228-4. Prevailing wage.
1. Basic rate. The prevailing wage rate is the prevailing wage rate established annually by the Commissioner of Labor and Industry for state financed construction work performed in the County by an employee who performs direct and measurable work.
2. Overtime rate. A contractor or subcontractor must pay an employee at a rate equal to or more than the prevailing wage rate for overtime for the type of work performed for each hour that the employee performs direct and measurable work:
  1. More than 10 hours in any single calendar day;
  2. More than 40 hours in a workweek; or
  3. On a Sunday or a legal holiday.
3. Deductions. A contractor or subcontractor may only make fair and reasonable deductions that are:
  1. Required by law;
  2. Authorized in a written agreement between an employee and an employer signed at the beginning of employment that:
    1. Concern food, sleeping quarters, or similar items; and
    2. Is submitted by the employer to the Chief Administrative Officer or a designee; or
  3. Required or allowed by a collective bargaining agreement between a bona fide labor organization and a contractor or subcontractor.
4. Apprentices. Each apprentice must be paid at least the rate that the state's Apprenticeship and Training Council sets for an apprentice in the trade involved, based on a percentage of the prevailing wage rate in that trade.
§ 228-5. Contract requirements.
Each contract covered by this article must:
1. State the requirement that contractor and subcontractor to comply with this article;
2. Specify that an aggrieved employee, as a third-party beneficiary, may by civil action recover the difference between the prevailing wage for the type of work performed and the amount actually received, with interest and a reasonable attorney's fee; and
3. Comply with the requirements concerning minority business enterprises as set forth in Resolution Number 2005-53.
§ 228-6. Misclassification of employees.
A contractor or subcontractor must not split or subdivide a contract, pay an employee through a third party, or treat an employee as a subcontractor or independent contractor to avoid any requirement of this article.
§ 228-7. Helper and trainee restrictions.
A contractor or subcontractor must not employ any individual classified as a helper or trainee to perform direct and measurable work on a contract covered by this article.
§ 228-8. Posting requirements.
Each contractor and subcontractor must post a clearly legible statement of each prevailing wage rate in a prominent and easily accessible place at the work site during the entire time work is being performed in English and any other language that is primarily spoken by the employees at the work site.
§ 228-9. Payroll records.
1. Each contractor and subcontractor must submit a complete copy of its payroll records for construction work performed on a contract covered by this article to the Director of Fiscal and Administrative Services or designee quarterly on January 15, April 15, July 15, and October 15.
2. The payroll records must contain a statement signed by the contractor or subcontractor certifying that:
  1. The payroll records are correct:
  2. The wage rates paid are not less than those required by this article; and
  3. The rate of pay and classification for each employee accurately reflects the work the employee performed.
3. Each payroll record must include:
  1. The name, address, and telephone number of the contractor or subcontractor;
  2. The name and location of the job; and
  3. Each employee's:
    1. Name;
    2. Current address, unless previously reported;
    3. Specific work classification;
    4. Daily straight time and overtime hours;
    5. Total straight time and overtime hours for the payroll period;
    6. Rate of pay;
    7. Fringe benefits by type and amount; and
    8. Gross wages.
4. Each contractor or subcontractor must:
  1. Keep payroll records covering construction work performed on a contract covered by this article for not less than five years after the work is completed; and
  2. Subject to reasonable notice, permit the Director of Fiscal and Administrative Services or a designee to inspect the payroll records at any reasonable time and as often as necessary.
5. The Director of Fiscal and Administrative Services or a designee must make payroll records obtained from contractors or subcontractors under this article available for public inspection during regular business hours for five years after the Director of Fiscal and Administrative Services receives the records.
§ 228-10. Enforcement.
1. The Director of Fiscal and Administrative Services or a designee may perform random or regular audits and investigate any complaint of a violation of this article.
2. A contractor or subcontractor must not discharge or otherwise retaliate against an employee for asserting any right under this article or for filing a complaint of a violation.
3. Each contract subject to this article may specify the payment of liquidated damages to the County by the contractor for any noncompliance with this article.
4. Each contractor is jointly and severally liable for noncompliance with this article by a subcontractor.
5. If a contractor or subcontractor is late in submitting copies of any payroll record required to be submitted under this article, the County may deem invoices unacceptable until the contractor or subcontractor provides the required records, and may postpone processing payments due under the contract or under an agreement to finance the contract.
§ 228-11. Report.
The Director of Fiscal and Administrative Services must report annually to the County Commissioners on the operation of and compliance with this article.

Insurance Requirements —

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	$500,000 each accident for injury $500,000 each employee, $500,000 aggregate for disease
	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.
X	Builder’s Risk Insurance	The Contractor shall purchase and maintain, in a company or companies, lawfully authorized to do business in the State of Maryland, property insurance written on a builders’ risk “all risk” or equivalent policy form in the amount of the initial contract sum, plus the value of subsequent contract modifications and cost of materials supplied or installed by others, comprising the total value for the entire project at the site on a replacement cost basis. Such property insurance shall be maintained, unless otherwise provided in the contract documents, until final completion and acceptance by the County. This insurance shall list the County Commissioners of Charles County as the Name of Insured on such builder’s risk policy. This insurance shall be on an “all risk” or equivalent policy form and shall include, without limitation, insurance against the perils of fire and physical loss or damage including, without duplication of coverage, property in transit, property stored on or off site, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary building and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation of Architect’s and Contractor’s services and expenses required as a result of such insured loss.
	Pollution Liability	Minimum limits of $1,000,000.00 per occurrence and $2,000.000.00 annual aggregate.
	Marine Liability	Minimum limits of $1,000,000.00 per occurrence and $2,000.000.00 annual aggregate.
	Environmental Insurance	Includes pollution and use of chemicals in an amount not less than $2,000,000 per occurrence and $3,000,000 annual aggregate.
	Cyber Insurance	Minimum limits of $1,000,000.00 per occurrence and $2,000.000.00 annual aggregate.
	Installation Floater	The Contractor shall purchase and maintain, in a company or companies, lawfully authorized to do business in the State of Maryland, installation floater insurance for the installation of machinery and/or equipment into an existing structure, written on an “all risk”, replacement cost and completed value form basis in the amount of the initial contract sum, plus the value of subsequent contract modifications and cost of materials supplied or installed by others, comprising the total value for the entire project at the site. Such property insurance shall be maintained, unless otherwise provided in the contract documents, until after final completion and 10 days after acceptance by the County. This insurance shall list the County Commissioners of Charles County as the Name of Insured/loss payee on such installation floater policy. This insurance shall be on an “all risk” or equivalent policy form and shall include, without limitation, insurance coverage to protect the interest of the County, Contractor, subcontractor(s), architects and engineers including property in transit, property stored on or off site which shall be part of the project. The policy shall insure all work, labor and materials furnished by the Contractor and the Contractor’s subcontractors against loss occasioned by fire, lighting, windstorm, theft, vandalism, malicious mischief, collapse, earthquake, flood. Policy shall include coverage for debris removal and reasonable compensation of Architect’s and Contractor’s services and expenses required as a result of such insured loss.

2. Each such policy shall be from an insurance company licensed to do business in the State of Maryland and which has a policyholder’s rating of A or better and a financial size of X or larger from Best’s Key Rating Guide.

3. The Contractor shall provide the County with Certificates of Insurance and supported by endorsement evidencing the coverage required by this solicitation prior to award of a contract. All Certificates shall reference the solicitation name and number and have an ending date that covers the entire contract term or extension period. The following certificates shall name “The County Commissioners of Charles County” (or other name as directed by the County) as an additional named insured:

Commercial automobile bodily injury and property damage insurance
Commercial General Liability
Builder’s Risk
Excess Umbrella Liability

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.

Definitions —
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.
Indemnification Clause —
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.
Project Background —
The existing Smallwood Well and Westwood Well sites provide water to a portion of Charles County. The well sites have aging tablet chlorinator equipment which is to be replaced as part of this contract. Each well site will be provided with new chemical feed equipment, mechanical, electrical, and instrumentation equipment, and meet all current building and County standards. The Smallwood Well site will be provided with new pre-engineered building.
Term of Contract —
The Contractor selected shall complete the scope of work and all requirements contained herein within five hundred forty-seven (547) consecutive calendar days after the start date specified in a written Notice to Proceed issued by Charles County Government, as established by the County and the Contractor, plus any contract time extensions approved by the County to complete all work to a point of substantial completion as deemed by the County.
Indemnification Clause —
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.
Indemnification Clause —
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.
Indemnification Clause —
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.
Base Bid Item A-2: Furnish, Install and Maintain Erosion and Sediment Control Measures —
The price bid shall include all materials, equipment, and labor necessary to prepare, furnish, install, implement, and maintain the Sediment and Erosion control plan for the construction of the proposed pre-engineered building at the Smallwood Well site. This includes but is not limited to silt fence, construction entrance, filter cloth, dirt bags, inlet protection, stone and related items.
Payment for all work under this item will be made at the lump sum price bid.
Solicitation Events —
1. Pre-Bid Meeting Registration Deadline: Refer to the Timeline section for date, time, location, participation and registration requirements. Pre-bid meeting will occur virtually/teleconference, unless otherwise specified. Firms that have registered timely will receive participation instructions.
2. Pre-Bid Meeting: Pre-bid meeting will occur virtually/teleconference, unless otherwise specified. Firms that registered timely will receive participation instructions. Refer to the Timeline section for date, time, and location, participation, and registration requirements. The attendance roster will be published on the County's eProcurement Portal.
3. Site Visit Registration Deadline: Refer to the Timeline section for date, time, location, participation and registration requirements. If no registrations are received, the Site Visit will not offered.
4. Site Visit: Refer to the Timeline section for date, time, location, participation and registration requirements. The attendance roster will be published on the County's eProcurement Portal.
5. Last Day for Questions: The County will not provide responses to questions received after the deadline to submit questions specified in the Timeline section.
6. Bid Opening Registration Deadline: Refer to the Timeline section for date, time, location, participation and registration requirements. Firms that have registered timely will receive participation instructions.
7. Bid Submission Deadline: Refer to the Timeline section for the date and time bids must be received by. Bidders must have an account or create a FREE account with OpenGov Procurement to submit a bid.
8. Bid Opening: Firms that registered timely will receive participation instructions. Refer to the Timeline section for date, time, location, participation and registration requirements. Pricing will be available on the County's eProcurement Portal immediately after the Bid Opening. Registration is required to attend the Bid Opening.
Bid Bond —
A five percent (5%) Bid Bond from a surety licensed to do business in the State of Maryland and satisfactory to the County shall accompany the bid or the bid will not be considered. The County may accept certified check, or bank Cashier’s/Treasurer’s Check if submitted to the Purchasing Division office prior to the due date and time for bids in a sealed envelope specifying the name of the bidder and solicitation number on the front of the sealed package. Certified checks or bank Cashier’s/Treasurer’s Check shall be submitted as follows:
Purchasing Representative – Bid Bond
Charles County Government
Purchasing Division – Room B130
200 Baltimore Street
La Plata, MD 20646
Bid Bonds shall have the accompanying Power of Attorney. Bid securities shall be returned promptly after the County and the selected Bidder have executed the contract, or, if no Bidder’s bid has been selected within one hundred-twenty (120) consecutive calendar days after the date of the opening of bids, upon the demand of the Bidder at any time thereafter, as long as the Bidder has not been notified of acceptance of his bid. The Bidder, to whom the contract shall have been awarded, shall be required to execute the contract in accordance with the terms and conditions herein. If the Bidder selected for award fails or refuses to execute the contract and/or fully comply with requirements of this solicitation their bid security shall be forfeit to the County as liquidated damages in accordance with the terms and conditions contained herein.
Governing Law —
This Contract shall be governed by and construed only in accordance with the laws of the State of Maryland.
Governing Law —
This Contract shall be governed by and construed only in accordance with the laws of the State of Maryland.
Vendor Disclosure Form —
This form shall be completed in legible ink or typewritten and signed.
Quantity Contracts Awarded —
The County intends to award a contract to one firm. The contract entered into with the successful bidder 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 Bidders desire to submit a single bid in response to this ITB, they should do so on a prime-subcontractor basis rather than as a joint venture.
Governing Law —
This Contract shall be governed by and construed only in accordance with the laws of the State of Maryland.
Bidder Certification of Acceptance —
By submitting a bid in response to this ITB, the Bidder 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 ITB or any Appendices is made part of this solicitation package.
Drawings and Specifications —
All work shall be performed in accordance with the project drawings and specifications in the Appendices section. Furthermore, the work shall be in compliance with the Charles County Government Department of Planning and Growth Management Standards & Specifications for Construction, Charles County Detail Manual, Charles County Water and Sewer Ordinance, Road Ordinance, Erosion and Sediment Control Ordinance, and all other local, state, and federal ordinances, codes, guidelines, and regulations applicable to the work being performed under this contract.
Governing Law —
This Contract shall be governed by and construed only in accordance with the laws of the State of Maryland.
Base Bid Item A-3: Demolition —
The price bid shall include all materials, equipment, and labor necessary to demolish the existing equipment and piping at Smallwood Well and Westwood Well sites as shown on the project drawings and specifications.
Payment for all work under this item will be made at the lump sum price bid.
Incurring Costs —
The County is not liable for any costs incurred by the Bidder prior to full execution of the contract.
Base Bid Item A-4: Furnish and Install Equipment at the Smallwood Well Site —
The price bid shall include all materials, equipment, and labor necessary for the construction of chemical feed at Smallwood Well site. The construction of the chemical feed at the Smallwood Well shall include a pre-engineered building, mechanical, structural, electrical, instrumentation, civil site work, and all other work necessary for the complete installation in accordance with the project drawings and specifications.
Payment for all work under this item will be made at the lump sum price bid.
Time of Completion —
The date by which the work performed under this contract is to be completed shall constitute the contract completion date. The Contractor shall be given a total of five hundred and forty seven (547) consecutive calendar days from the date of the Notice-to- Proceed, as established by the County and the Contractor, plus any contract time extensions approved by the County to complete all work to a point of substantial completion as deemed by the County.
Payment of Taxes —
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.
Payment of Taxes —
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.
Contract Execution —
The successful Bidder 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.
Responsibility of the Consultant —
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.
Experience Form —
Bidder shall be required to complete and submit the County provided Experience Form. A qualified Bidder 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. Bidders shall demonstrate their experience on the Experience Form. Bidders shall provide no less than five (5) 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 Bidder 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.
1. A minimum of five (5) completed representative projects that demonstrate the Bidder's experience in all of the following areas:
  1. Installation of chemical feed system of similar capacity as shown in the contract drawings,
  2. Instrumentation, controls, and SCADA systems used on well houses,
  3. Civil site restoration,
  4. Commissioning of the chemical feed equipment and training Owner's staff in the operations and maintenance.
Payment of Taxes —
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.
Quality of Work —
The work performed must be of an acceptable industry standard level in terms of cost, time and workmanship. Failure to this standard, as determined by County representative, may be considered grounds for terminating the contract.
Base Bid Item A-5: Furnish and Install Equipment at the Westwood Well Site —
The price bid shall include all materials, equipment, and labor necessary for the construction of chemical feed at the Westwood Well site. The construction of the chemical feed at the Westwood Well shall include mechanical, structural, electrical, instrumentation, and all other work necessary for the complete installation in accordance with the project drawings and specifications.
Payment for all work under this item will be made at the lump sum price bid.
Specifications and Drawings —
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.
Additions/Modifications to Solicitation Forms —
Modifications of or additions to the Bid Form or any other County form may be cause for rejection of the bid, 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 bid as nonresponsive. As a precondition to bid acceptance, the County may, in its sole discretion, request that the Bidder withdraw or modify any such modifications or additions which do not affect quality, quantity, price, or delivery.
Contract Documents —
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 ITB and other referenced ordinances, manuals and specifications. Contract Documents shall also include:
1. All written modifications, amendments and change orders to this Agreement issued in accordance with the General Provisions.
2. Contractor’s bid and accompanying exhibits submitted in response to the County’s Project Criteria and Solicitation; and any solicited and/or unsolicited Alternates to the Solicitation accepted by the County in writing.
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 bid 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.
Changes —
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.
Changes —
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.
Changes —
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.
Reference Form —
Bidder shall be required to complete and submit the County provided Reference Form. A qualified Bidder 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. Bidders shall demonstrate their experience on the Reference Form. Bidders 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 the Relevant Firm Experience section. 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 Bidder 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.
Liquidated Damages —
Time is of the essence for the completion of this project. In accordance with the General Provisions section, the County shall, at its discretion, assess liquidated damages in the amount as determined by the County to be the actual cost incurred by the County as a result of the project being extended beyond the contract completion date as defined in Time of Completion section of these Special Provisions. The amount of liquidated damages shall not exceed $2,000 per day.
Change Orders —
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.
Base Bid Item A-6: Demobilization and Site Restoration —
The price bid shall include and cover the furnishing of all labor, material, tools and appliances for demobilization and site restoration.
Payment for demobilization and site restoration will be made at the lump sum price bid.
Default and Suspension —
If a Bidder 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 Bidder 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 Bidder. In the event of such default, award may then be made to another Bidder 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 Bidder if determined to be in the best interest of the County.
A Bidder/Contractor, who has defaulted as discussed above, may be declared by the Chief of Purchasing to be ineligible to bid on future County solicitations for a period of up to two (2) years from the date the County determined the Bidder/Contractor to have defaulted. This determination by the Chief of Purchasing shall be final, and not subject to appeal.
Alternate Offers —
Bidders must bid only one (1) product and one (1) price per bid item even though they feel they can offer more than one item that will meet the specifications. Bidders must determine for themselves which to offer. If a Bidder submits more than one (1) product and/or more than one (1) price for a given bid item or items, it may be cause for the bid items or items being bid upon to be considered non-responsive and rejected.
Change Orders —
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.
Termination —
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.
Changes —
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.
Minority and Women-Owned Business Enterprise (MWBE) Program - MWBE Mandatory Goals or Good Faith Effort (GFE) —
Forms shall be completed in legible ink or typewritten and signed. Bids submitted without a COMPLETED MWBE Compliance Plan Forms or Good Faith Effort (GFE) forms may be rejected as non-responsive by the County.
Bidders can contact the Economic Development Department by email at mwbe@meetcharlescounty.com for questions related to the County's MWBE program.
The Mandatory Subcontractor Goals from this project are:
MWBE Subcontractor Goal: 30.9%
Refer to Bid Submittals Section for MWBE Program Requirements, MWBE Compliance Forms and Good Faith Effort Forms.
"Or Equal" Interpretations —
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. Bids on other makes and/or models will be considered provided in the Bid Form what is being proposed and forwards with the bid 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”.
Bidder/Award Protests —
1. All protests made pursuant to solicitations must be in writing and delivered to the Chief of Purchasing within the timeframes specified:
  1. Protests must be delivered to the Chief of Purchasing no later than seven (7) consecutive calendar days after the basis for the protest (i.e. notification of rejection of Bidder’s bid, notification of removal of Bidder from consideration, etc.) is known or should have been known, whichever is earlier.
  2. If protesting contract award, the protest must be delivered to the Chief of Purchasing within seven (7) consecutive calendar days after the Purchasing Division has publicly posted the proposed contract award. This provision shall only apply to “aggrieved” Bidders.
  3. If Bidder seeks as a remedy the cancellation or amendment of the solicitation, the protest must be delivered to the Chief of Purchasing before the submission date for quotes/bids/proposals.
  4. If the County is closed for business at the due date and time, for whatever reasons, protests will be accepted on the next business day of the County prior to 12:00 p.m. (Eastern Time).
    Protests shall be considered timely only if received in the Purchasing Division office prior to close of business within the timeframes specified above.
2. All protests made pursuant to solicitations shall be delivered to the Chief of Purchasing:
  Charles County Government
  ATTN: Chief of Purchasing, Purchasing Division (Room B130)
  200 Baltimore Street,
  La Plata, Maryland 20646
3. Each protest must contain a protest filing fee in the amount of $500 (US currency); if the fee is paid by check, then the check must be made out to “Charles County Government”. The Chief of Purchasing, may, at his sole election, return the filing fee to the protesting Bidder, if the protest is sustained. Filing fees for unsustained protests shall not be returned. The Chief of Purchasing must dismiss any protest not timely received.
4. Only a Bidder that is “aggrieved” is eligible to file a protest. Aggrieved means that the Bidder who is filing the protest is susceptible for an award of the contract if the protest is sustained (e.g., a fourth ranked Bidder is not aggrieved unless the grounds for a protest, if sustained, would disqualify the top three ranked Bidders or would require that the solicitation be reissued). Each protest must contain the following: identification of the solicitation; the name, address and telephone number of the protesting Bidder; a statement supporting that the Bidder is aggrieved; and specification of all grounds for the protest, including submission of detailed facts and all relevant documents, citation to relevant language in the solicitation, regulations, or law relied upon; and, all other matters which the Bidder contends supports the protest. The burden of production of all relevant evidence, data and documents, and the burden of persuasive argument to support the protest is on the Bidder making the protest.
5. The Chief of Purchasing shall forward to the County Attorney, all protests timely received and appropriate information addressing the circumstances of the protest. The Chief of Purchasing shall also forward for the County Attorney’s information, all protests not timely received and/or otherwise ineligible, that was dismissed by the Chief of Purchasing.
6. The Chief of Purchasing, after consultation with the County Attorney, shall determine whether to sustain or reject the protest, and shall provide written notice of his determination to the Bidder making the protest, and to the County Attorney. In the case of a sustained protest, the Chief of Purchasing, after consultation with the County Attorney, shall determine what remedy shall be taken to redress the protest. Decisions shall be final, and not subject to appeal.
Differing Site Conditions —
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.
Change Orders —
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.
Scope of Services —
The Scope of Services for this project includes all incidental work necessary to perform the work identified on the Bid Form. The Contractor shall not commence work under the Scope of Services prior to receiving a written notice from the County. The notice will only be in the form of an official Notice-to-Proceed (NTP) letter from Charles County Department of Public Works. Any other form of authorization for the start of work on this project does not constitute approval by the County. There will be no separate payment by the County for performing tasks within the Scope of Services. The cost associated with these items shall be considered incidental expenses and included in the base bid items.
Disputes —
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.
Small Local Business Enterprise (SLBE) Program – SLBE Certification Form and SLBE Letter of Intent —
Charles County Government has established a Small Local Business Enterprise (SLBE) Program, which registered Charles County SLBE firms responding to this solicitation may receive a preference in accordance with the provisions of the Program that may apply to a formal solicitation resulting in an award of less than $500,000.00. This solicitation is exempt from the SLBE Program.
Differing Conditions —
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.
Contingency Item B-1: Additional Test Pit Excavation —
Only when authorized by the County and beyond what is required in the Contract, the Contractor shall provide additional test pit excavation. The work performed under this bid item shall include backfilling as required, and in accordance with the Contract Documents. Test pits shall conform to Section 02012 of the Charles County Government’s Department of Planning and Growth Management’s Standard Specifications for Construction.
Payment - Contingency Item B-1 of the Bid Form establishes the unit price per cubic yard for which payment by the County will be based on 25 cubic yards as authorized by the County and removed by the Contractor in accordance with the Contract Documents. Measurement for quantities of additional test pit excavation shall be based upon the authorized depth, length, and width of the excavation.
Termination of Contract for Convenience —
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.
Bidder Investigation —
Prior to submitting a bid, each Bidder 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 Bidder 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 Bidder 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 Bidder.
Contingency Item B-2: Select Backfill —
Only when authorized by the County and beyond what is required in the Contract, the Contractor shall furnish, place, compact, and test, as required, the select fill material as necessary. The selected fill material shall conform to the requirements of Section 02250 of the Charles County Government’s Department of Planning and Growth Management’s Standard Specifications for Construction.
Payment - Contingency Item B-2 of the Bid Form establishes the unit price per cubic yard for which payment by the County will be based on 50 cubic yards as authorized by the County and installed by the Contractor in accordance with the Contract Documents. Measurement for quantities of select back fill shall be based upon the authorized depth, length, and width of the backfill area. Backfill and compaction above proposed subgrade elevations (pipes, footings, manholes, etc.) is included in the unit price and should not be considered as additional backfill.
Termination of Contract for Convenience —
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.
County Rights —
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.
Intended Sub-Contractors Form —
This form shall be completed in legible ink or typewritten and signed. “NA” shall be noted on the form if it is Not Applicable.
Pre-Construction Video —
Upon receiving the NTP and prior to mobilizing to the site, the Contractor shall conduct a site video inspection of the project area(s). Prior to the start of any work on site, a copy of the pre-construction site video shall be provided to the County in a digital format acceptable by the County.
Differing Site Conditions —
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.
Performance Evaluations —
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.
Assignment of Contract —
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.
Testing and Inspections —
Unless otherwise stated elsewhere the Contractor shall be responsible for securing all required third party testing and inspections as well as all associated cost.
Mobilization/Demobilization —
The Contractor shall mobilize and begin work within fourteen (14) days of the date on the NTP letter. Mobilization shall include but is not limited to any required surveying and stakeout, equipment delivery, material delivery, and delivery of tools, and all requirements as specified in Section 01100 of the Charles County Government Department of Planning & Growth Management Standards & Specification for Construction. At the completion of the project, the Contractor shall demobilize all equipment, tools, materials, etc. that is not part of the permanent construction and/or authorized by the County to remain on site. All areas shall be returned to its pre-disturbed or better condition.
Termination for Default - Damages for Delay - Time Extensions —
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.
Examination of Records —
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.
Contingency Item B-3: Offsite Disposal of Unsuitable Material —
Only when authorized by the County and beyond what is required in the Contract, the Contractor transport unsuitable material from the project to an offsite disposal, as directed by the County. Bid price shall include all associated disposal/dumping fees necessary to perform this work.
Payment - Contingency Item B-3 of the Bid Form establishes the unit price per cubic yard for which payment will be based on 25 cubic yards as authorized by the County and disposed by the Contractor in accordance with the Contract Documents.
Sole Point of Contact —
The Purchasing Representative identified in the Introduction section is the SOLE POINT OF CONTACT at Charles County Government for this procurement. All communication between Bidders and Charles County Government shall be with the Purchasing Representative until a fully executed contract is delivered to the Contractor. Bidders or any of their authorized representatives may not initiate contact with Charles County Government or County Consultants other than the Contact identified on the Introduction section, for any reason during the bidding process or prior to full contact execution. Any communication outside this process may result in disqualification.
Non-Collusion Affidavit Form —
This form shall be completed in legible ink or typewritten, signed, and notarized.
Termination for Default - Damages for Delay - Time Extensions —
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.
Addendum Certification —
Bidders shall be required to acknowledge the addenda when responding to this invitation to bid.
Payments to Contractor —
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.
Covenant Against Contingent Fees —
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.
Questions —
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 Bidder 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 bidders 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.
Project Schedules —
Upon receiving the Notice to Proceed (NTP) letter from the County, the Contractor shall begin developing a project schedule to be submitted to the County for review and acceptance at or before the project Pre-Construction meeting. The schedule shall be prepared utilizing the Critical Path Method (CPM). The schedule shall breakdown each bid item task into manageable and measurable subtasks. The schedule shall be monitored through the duration of the contract and shall be updated prior to each progress meeting, with copies provided by the Contractor for each meeting attendee for review and discussion. The schedule shall be prepared in a manner that front loads concentrated work efforts that reserves time to deal with unforeseen difficulties, and still meet the allotted time for completion. Refer to 4.15 Holiday Schedule section when creating the project schedule. No work shall be scheduled on weekends and holidays.
Payments to Contractor —
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.
Subcontractors —
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.
Termination of Contract for Convenience —
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.
Contingency Item B-4: Stone Bedding —
Only when authorized by the County and beyond what is required in the Contract, the Contractor shall furnish and install stone bedding backfill as directed by the County, and in accordance with the Contract Documents.
Payment - Contingency Item B-4 of the Bid Form establishes the unit price per cubic yard for which payment by the County will be based on 200 cubic yards as authorized by the County and satisfactorily installed by the Contractor.
Accident Reports —
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.
Termination for Default - Damages for Delay - Time Extensions —
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.
News Release —
No news releases pertaining to this bid request or the service, study, or project to which it relates will be made without County approval.
Contingency Item B-5: Compacted Graded Aggregate Base (GAB) —
Only when authorized by the County and beyond what is required in the Contract, the Contractor shall furnish and install compacted graded aggregate base (GAB) as directed by the County, and in accordance with the Contract Documents. The select fill material shall conform to the requirements of Section 02621 of the Charles County Government’s Department of Planning and Growth Management’s Standard Specifications for Construction.
Payment - Contingency Item B-5 of the Bid Form establishes the unit price per cubic yard for which payment by the County will be based on 85 cubic yards as authorized by the County and satisfactorily installed by the Contractor.
Addenda and Supplements —
In the event that it becomes necessary to revise any part of this solicitation, or if additional information is necessary to enable the Bidder to make an adequate interpretation of the provisions of this solicitation, a supplement to the solicitation will be issued. The Bidder shall acknowledge in their bid, 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 bid due date/time shall become a part of the contract documents and shall be covered in the Bidder’s bid prices, unless an alternate bid schedule is presented by addendum. It is the responsibility of the Bidder to check the County's eProcurement Portal as frequently as necessary to obtain all updates and addenda to the solicitation.
Major Equipment Schedule —
Keep/Remove:
Bidders shall be required to download, complete and submit the Major Equipment Schedule Form. It is understood and agreed that, if awarded a Contract, the Bidder shall not make any additions, deletions or substitutions to this certified list without the consent of the Owner.
Material and Workmanship —
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.
Permits —
MDE Construction and Charles County PGM Development Service Permits for the work to be performed under this contract have been received by the County. The Contractor shall adhere to all conditions, requirements, and regulations required by permits. Any additional permits that are required will be obtained by the Contractor at his sole expense. The Contractor shall accept transfer of responsibility for all existing permits as appropriate. The Contractor will not be responsible for renewing the existing permits granted by MDE, and Charles County’s Codes, Permits, and Inspection Services Division (CPIS) throughout the duration of this project. The Contractor shall complete the Transfer of Authorization thru the e-transfer on MDE’s website. A copy shall be submitted to Charles County for approval prior to starting any work.
Material and Workmanship —
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.
Superintendency by Contractor —
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.
Equipment & Material Submissions —
Equipment and material shall comply with the contract documents and the Charles County Government Department of Planning & Growth Management Standards & Specifications for Construction. The Contractor shall also provide a Certificate of Compliance for each material and equipment stating that the equipment and/or materials fully comply with the requirements of this contract. Prior to ordering and/or delivery, the Contractor shall submit for review and approval to the County or its authorized representative, all sources from which the Contractor proposes to obtain equipment and materials. Furthermore, prior to installation or use, the Contractor shall submit for approval product data for all equipment and materials for the project.
Consultant’s Organization —
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.
Superintendency by Contractor —
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.
Ability to Perform —
Bidders 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 Bidder, and validate any information provided by a Bidder by any means deemed necessary by the County for the purpose of determining the Bidder’s ability to perform the services described herein.
Contingency Item B-6: Unclassified Excavation —
Only when authorized by the County and beyond what is required in the Contract, the Contractor shall perform additional excavation and offsite disposal of unsuitable material as directed by the County, and in accordance with the Contract Documents.
Payment - Contingency Item B-6 of the Bid Form establishes the unit price per cubic yard for which payment by the County will be based on 50 cubic yards as authorized by the County and satisfactorily installed by the Contractor.
Bidder's Equipment Inventory List —
Bidders shall be required to complete and submit a detailed Bidder’s Equipment Inventory List, included herewith, of all equipment the Bidder intends to use in the performance of work under the Contract(s). Equipment shall be less than six (6) years old and sufficient in type and quantity to complete all work as bid on the Bid Form. Subscription service vehicles may differentiate from Part III, Section 12.0 – Equipment, Item #4. Subscription vehicle and trailer types must have a leak proof, dump body, and equipped with tarps to prohibit material from spilling.
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, identifying equipment type, make/model, year, load capacity, anticipated maximum payload of combing yard waste, Vehicle Identification Number (VIN), tag number, and registration number or the Bidder shall provide details of the transition plan and schedule in which County-specified equipment will be obtained, as well as a certified statement of financial capability from a financial institution demonstrating the Bidder’s ability to acquire the County-specified equipment assets. The County may inspect successful Bidder’s equipment at any time (upon receipt if the Bidder has not yet obtained equipment). During any inspection the County, Department of Public Works may 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, must be corrected prior to the commencement of yard waste collection services. Equipment deemed insufficiently qualified, or of insufficient type and/or quantity to accomplish the work as bid, shall be determined solely by the County, Department of Public Works, whose determination is not subject to appeal.
Public Information Act/Confidentiality Notice —
Bidder should give specific attention and identification of those specific portions of their bids 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. Bidders 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.
Liquidated Damages —
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.
Erosion & Sediment Control —
The Contractor must install erosion and sediment (E&S) control measures as shown on the project drawings, or as otherwise required by the regulations. The Contractor shall maintain all E&S measures throughout the duration of the Contract. All E&S measures shall be in accordance with the latest version of the Maryland and Specifications for Soil Erosion and Sediment Control and must adhere to any other federal, state, and local rules and regulations regarding erosion and sediment control. The Contractor shall make available access to all regulatory agencies having jurisdiction over erosion and sediment control and assist as necessary in the inspection of all E&S measures installed on this project by the Contractor.
Payments to Contractor —
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.
Errors —
Any errors in computations may be corrected during the County’s review of the bids. The County shall not be responsible for Bidder computation errors contained on the Bid Form. All values contained on the Bid Form remain the responsibility of the Bidder. 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 Bidder.
Campaign Finance Reform Act of 2013 —
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.
Permits and Responsibilities —
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.
Employment Discrimination by Consultants Prohibited —
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.
Permits and Responsibilities —
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.
Conditions Affecting the Work —
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.
Material and Workmanship —
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.
Geotechnical Testing —
The Contractor shall obtain the services of a 3rd party geotechnical inspection firm to perform testing on materials as required. Testing requirements shall be in accordance with applicable sections of the Charles County Government’s Department of Planning & Growth Management’s Standard Specifications for Construction. Tests shall be performed, but not be limited to, when installing the following: select fill material, trench backfill, concrete, and preparation of subgrades. Geotechnical field representative shall verify that soil bearing capacity at subgrade meets minimum bearing specified.
Holiday Schedule —
The following holidays are observed by the County:
- New Year's Break (Close at 12:00pm New Year's Eve, New Year's Day, Day after New Years when applicable)
- Martin Luther Ling Jr's Birthday
- Employee Appreciation Day
- Washington's Birthday
- Eid al Fitr
- Good Friday
- Easter Monday
- Memorial Day
- Eid al Adha
- Juneteenth
- Independence Day
- Labor Day
- Indigenous People's Day
- Veterans Day
- Election Day (When Applicable)
- Thanksgiving Closure (Wed, Thur, Fri of Thanksgiving)
- Christmas Break (Close at 12:00pm Christmas Eve, Christmas Day, Day after Christmas when applicable)
County Rights/Disclaimers —
The County exclusively reserves the right, but is not limited to the following actions:
1. Reject any or all bid submissions;
2. Issue a new ITB;
3. Cancel, modify, or withdraw the ITB;
4. Issue addenda, supplements, and modifications to this ITB;
5. Modify the ITB process (with appropriate notice to bidders as described herein);
6. Appoint an Evaluation Committee and evaluation teams to review bid submissions,
7. Approve or disapprove the use of particular subcontractors and/or substitutions and/or changes in bid submissions;
8. Revise and modify, at any time before the Bid Due to County date, the factors it will consider in evaluating bid submissions and to otherwise revise or expand its evaluation methodology. If such revisions or modifications are made, the County will publish an addendum. The County may extend the ITB due date if such changes are deemed by the County, in its sole discretion, to be material and substantive;
9. Seek or obtain data from any source that has the potential to improve the understanding and evaluation of the ITBs;
10. Disqualify any team that changes its Bid Submission without County written approval;
11. Retain ownership of all materials submitted in hard-copy and/or electronic format.
Conditions Affecting the Work —
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.
Certification of Drawings and Other Documents —
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.
Project Coordination —
The Contractor shall coordinate with all applicable County staff and utility companies having jurisdiction, stake, or vested interest that could or may be affected by this project. The Contractor must notify the affected parties prior to starting and at the completion of their work affecting the party’s vested interest. The Contractor shall maintain reasonable access to allow these parties to perform their duties as it relates to their respective jurisdiction, facilities, and property. The Contractor is required to attend periodic meetings throughout the duration of the contract.
Other Contracts —
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.
Rejection of Quotes/Bids/Proposals —
The County exclusively reserves the right, but is not limited to the following actions:
1. Evidence of collusion among bidders.
2. Lack of competency revealed by financial statements, experience, equipment statements, or other factors.
3. Lack of responsibility as shown by past work, judged from the standpoint of workmanship as submitted or from previous experience with the bidder.
4. Default on a previous similar contract for failure to perform.
5. Being delinquent in payments due to Charles County Government.
6. Exceptions or exclusions to the requirements of the solicitation.
7. Failure to be in “Good Standing” with the State of Maryland.
8. Previous substandard performance on a County contract.
9. Failure to perform properly or to complete, in a timely manner, contracts of a similar or comparable nature, or if investigation shows the offeror unable or unlikely to perform the requirements.
10. Failure to furnish information requested by the County.
The County reserves the right to reject any/all bids, to waive irregularities and/or informalities in any bid, and to make award in any manner, consistent with law, deemed in the best interest of the County.
Composition —
If the CONSULTANT hereunder is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.
Other Contracts —
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.
Inspection and Acceptance —
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.
Superintendency by Contractor —
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.
Patent Indemnity —
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.
Conflicts —
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.
Patent Indemnity —
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.
Meetings —
5.16.1 Project Kickoff Meeting (Office/Virtual)
The Contractor shall attend a project pre-construction “kick-off” meeting at the County prior to starting any work. The Contractor shall coordinate with the County for the date and time f this meeting and to provide items of discussion for the agenda. The Contractor must provide at least four (4) copies of the initial project CPM schedule and be prepared to answer any questions pertaining to the prepared schedule. The agenda for the meeting will generally include the following topics:
A. Responsibilities of Consulting Engineer
B. Responsibilities of the Owner/County
C. Responsibilities of the Contractor
D. Responsibilities of the funding agency
E. Coordination of utility work
F. Processing pay requests
G. Discussion of contractor’s schedule
H. Review of subcontractors
I. Submittals.
J. Change order procedures
K. Safety
L. Labor and equal employment requirements
M. Project inspection
N. Coordination between contractors
O. Project sign
P. Prevailing wage reporting
Q. Permit conditions
R. Other items
5.16.2. Pre-Construction Site Meeting
The Contractor shall coordinate with the County, all applicable regulatory agencies and utility companies to schedule a pre- construction site meeting prior to start of work, and periodically as needed throughout the course of the project. The purpose of the site meeting is to provide an opportunity to discuss the effects the construction will have on each agency or company’s area of jurisdiction.
5.16.3 Bi-Weekly Progress Meetings
To keep the project on schedule, to review the progress of construction, and to discuss pertinent project issues, the Contractor shall be prepared to meet at the site on a bi-weekly (every other week) basis at an agreeable time and day during the work week. The Contractor shall chair all Progress Meetings and provide an agenda for the meetings to the County at least forty-eight (48) hours prior to the scheduled time of meeting. The Contractor shall keep records of each meeting and submit copies of the meeting notes to the County for review and comment within one (1) week following the meeting. In addition to the agenda, the Contractor shall provide a verbal status update, and an updated project schedule, copies of the previous meeting’s notes.
5.16.4 Field Coordination Meetings
The Contractor shall coordinate and attend, when necessary, any field coordination meetings required by the County, or any regulatory agency or utility company as required to discuss issues related to the performance of work identified in these Special Provisions.
Good Standing Requirements —
In order to be eligible for award, Bidders shall meet the following conditions prior to contract award:
1. Their firm is not debarred, suspended, or otherwise ineligible for participation in government procurement by the federal government, the State of Maryland, or any other state, county, or municipal government.
2. All payments to Charles County Government have been paid and are not delinquent.
3. Their firm is in “good standing” with the State of Maryland Department of Assessments and Taxation.
Covenant Against Contingent Fees —
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.
Restrictions —
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 bid 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 Invitation to Bid and have been retained by the County to perform the services on the behalf of the County for this procurement.
- Whitman, Requardt & Associates
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.
Covenant Against Contingent Fees —
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.
Invoices —
The Contractor shall submit monthly invoices on the County’s standard invoices form for payment of work performed. Ten (10) days after completion of the Construction Schedule, the Contractor shall submit a Schedule of Values to the County for review and approval. The Schedule of Values shall contain a cost breakdown of the construction items shown on the Bid Form and shall be consistent with the activities identified on the approved project schedule. Payment of invoices by the County shall be in accordance with the General Provisions. The County will pay the Contractor monthly for work satisfactorily performed during the preceding calendar month, less 5% of the amount invoiced for retainage. The retainage shall be held for the one (1) year warranty period. In lieu of retainage, the County will accept a Maintenance Bond. Reduction of the retainage of less than 5% shall be at the sole discretion of the County, but not before the project has reached substantial completion. The Contractor shall submit updated redline drawings with each invoice for review and approval.
Permits and Responsibilities —
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.
Delivery Point, Inspection, and Approval —
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.
Notifications —
Legal notice given by the County to the Bidder shall be sent to the Bidder's contact information provided in the County's eProcurement Portal. Notice given by the County by any of the following:
A. A communication delivered by MAIL shall be deemed as having been received by the addressee three (3) business days after the date of mailing.
1. UPS or FedEx or other delivery service; or
2. USPS first class postage mail; or
3. USPS certified, or
4. USPS registered mail.
B. A communication delivered by email shall be deemed as having received by the addressee the same day the email was sent.
Designation of County’s Representative —
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.
Operation & Maintenance Manuals —
The Contractor shall furnish and submit to the County or its authorized representative two (2) complete sets of Operation & Maintenance (O&M) manuals. The O&M’s must comply with the latest version of the Charles County Government Department of Planning & Growth Management Standards & Specifications for Construction, Section GP5.04.8. The O&M manual shall include information for all equipment and materials submitted for the work under this contract and approved by the County. Each piece of equipment and each material shall be sectioned with dividers containing the title of the equipment or material provided therein. Upon review by the County or its authorized representative, the Contractor shall revise the O&M manuals as requested by the County.
Equal Opportunity —
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.
Conditions Affecting the Work —
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.
Equal Opportunity —
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.
Suspension of Work —
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.
As-Built and Record Drawings —
As the work progresses, the Contractor shall record all as-built information of the construction. The Contractor shall make available the as-built information to the County for inspection as the project progresses. At the completion of work and prior to substantial completion inspection, the Contractor shall submit as-built drawings to the County for review and approval. The Contractor shall allow two (2) weeks for review/approval by the County. If comments are returned, the Contractor shall address all comments resulting from the review. The Contractor shall revise and resubmit as necessary until the as-built drawings are approved by the County. Upon approval of the as-built drawings by the County, the Contractor shall develop the record as-built drawings which are to be signed and sealed by a professional engineer licensed in the State of Maryland. Once the County has received the record as-built drawings and all other necessary requirements are met, the Contractor may request substantial completion inspection. The record as-builts may require revisions to address outcomes from substantial completion and final acceptance inspections.
Document Standards —
1. A. Plan format and contents shall be consistent with the County’s plan preparation manual.
2. Specifications, Reports, and other narrative statements in final form for submission to the COUNTY shall be prepared on 8 1/2" X 11" white bond paper. Specifications shall follow the "Master Format" developed by the Construction Specifications Institute (CSI).
3. Bibliographies. If the preparation of reports and other narrative statements involves the use of reference and research materials, the CONSULTANT shall prepare a bibliography of such material and include it in the final document. Each bibliography shall include the following information:
Negotiations —
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 Bidder.
Other Contracts —
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.
Suspension of Work —
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.
Performance and Payment Bonds —
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.
Inspection —
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.
Project Closeout —
Upon completion of all work related to this project, the Contractor shall complete and submit to the County the closeout documents provided in the Appendices section. Closeout documents are required prior to the release of retainage being held for the project.
A. Substantial Completion Certification and Certification: Prior to scheduling the final completion inspection, the Contractor shall submit final and complete As-Built drawings and complete the remainder of the substantial completion inspection punch list items. The County will issue a Certificate of Final Completion upon verification of completion of all punch list items, approval of the final As-Built drawings and final O&M manuals, and issuance of the Use and Occupancy Permit.
B. Final Completion Inspection and Certification: The issue date of the Certificate of Substantial Completion shall signify the start of the warranty period for the project. The duration of the warranty period shall be one (1) year or three hundred sixty-five (365) consecutive calendar days.
C. Warranty Period: The issue date of the Certificate of Final Completion shall signify the start of the warranty period for the project.
D. Final Progress Payment and Release of Retainage: The County will make the final progress payment to the Contractor upon completion of the following items:
1. Insurance of Certificate of Final Inspection
2. Submission of Close Out Documents provided in the Appendices section
3. Demobilization and cleanup, site restoration, and permanent stabilization
The County will release retainage upon proof or submission of a one (1) Year Maintenance Bond. Proof of maintenance bond shall be via specific language in the performance bond or a letter from the bonding company stating that the performance covers the one (1) Year warranty period. In the absence of a maintenance bond, the County, may allow for a partial release(s) of retainage at the Contractor’s request and approval by the County.
Subcontractors —
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.
Subcontractors —
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.
Patent Indemnity —
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.
Prevailing Wage —
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.
Investigation of Field Conditions —
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.
Scope of Work —
The Contractor shall not commence construction activities under the Scope of Work prior to receiving a written notice from the County. The Scope of Work for this project includes but is not limited to the furnishing of all coordination, scheduling, supervision, labor, tools and equipment, materials and supplies, mobilizations/demobilization as required for the construction of the project drawings and construction specifications provided in the Appendices section. This project shall comply with the Contract Documents and all applicable sections of the Charles County Department of Planning and Growth Management Standards and Specifications for Construction and all other applicable requirements of the County, the Maryland Department of the Environment, and any other regulatory authority having jurisdiction to control, limit or otherwise regulate the work performed under this Contract.
Fair Treatment of Subcontractors and Vendor —
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.
Additional Bond Security —
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.
Fair Treatment of Subcontractors and Vendor —
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.
Specifications, Standards, and Forms —
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, Standards, and Forms —
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.
One Year Guarantee —
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.
Covenant Against Contingent Fees —
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.
Prevailing Wage Reporting —
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.
Prevailing Wage Reporting —
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.
Working Hours Per Day —
The normal number of working hours per day on this contract will be limited to eight (8), unless otherwise authorized by the CONTRACTING OFFICER.
Working Hours Per Day —
The normal number of working hours per day on this contract will be limited to eight (8), unless otherwise authorized by the CONTRACTING OFFICER.
Employment Discrimination Prohibited —
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.
Patents —
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.
Prohibition of Discrimination in County Procurement —
Charles County is committed to ensuring that Minority and Women-Owned Business Enterprises are provided equal opportunity to participate in the County's procurement and contracting processes. Any instances of overt or perceived discrimination should immediately be reported to the MWBE/DBE Compliance Manager.
Per Resolution 2023-13, Section 8, Item 4.1, the SLMBE Programs Division is authorized to investigate such complaint. An investigation may also be initiated based solely on a finding of a significant statistical disparity from the Annual Aspirational Goal or contract/project goal(s), as detailed herein. The details of any investigation, including findings, shall
be recorded and maintained by the SLMBE Programs Division.
All Contractors must cooperate with any investigations or audits conducted by authorized entities to assess compliance with anti-discrimination laws and policies. Non-compliance may result in sanctions, including but not limited to contract termination, suspension, or debarment from future contracts.
Certification of Compliance
By submitting a response to this solicitation, the Contractor agrees not to engage in any discriminatory practices and affirms that it has implemented policies and/or procedures to prevent discrimination in its operations. The Contractor further agrees to provide evidence of such policies/procedures upon request.
Reporting Discrimination
Discrimination in any form is strictly prohibited in Charles County. Charles County staff, prime contractors, subcontractors, or any individuals otherwise engaged in the procurement process are strictly prohibited from discriminating against any business or individual based on, but not limited to the following: race, color, religion, sex, sexual orientation, gender identity, gender expression, national origin, age, disability, marital status, political affiliation, veteran status, or any other characteristic protected by applicable law. Legitimate denial of a bid or not being selected for a procurement opportunity is not considered discrimination.
If anyone is a victim of discrimination, in any form, a request must be submitted to the MWBE/DBE Compliance Manager. Anyone submitting a discrimination complaint must submit a complaint using the “MWBE Discrimination Reporting Form”. You can request a form from the MWBE/DBE Compliance Manager. Any individual or firm discriminating against another could face any of the following penalties including, but not limited to: sanctions, contract termination, suspension, and/or debarment from future contracts. If necessary, the case can also be referred to the County Attorney and/or the County Administrator for further action.
Notification of Accusation and/or Finding of Discrimination
Once a discrimination complaint is received by the Purchasing Division and the MWBE/DBE Compliance Manager, the accused will be notified in writing that they; a) have been accused of discrimination, b) will have an opportunity to provide a defense against the accusation; c) must comply with all requests from investigators; d)are prohibited from taking any adverse actions against an accuser; and e) have a right to appeal a finding of discrimination.
Saturdays, Sundays, Holidays, and Night Work —
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.
Suspension of Work —
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.
Permits —
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.
Saturdays, Sundays, Holidays, and Night Work —
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.
Publicity —
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.
Contractor Responsible for Overtime Cost —
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
Contractor Responsible for Overtime Cost —
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
Responsibility for Materials and Related Data —
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.
Emergency Work —
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.
Emergency Work —
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.
Right of Entry —
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.
Operating and Restoration —
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.
Operating and Restoration —
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.
Subcontractors —
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.
Risk, Damages —
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.
Work Stoppage by 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.
Work Stoppage by 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.
Safety and Health —
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.
Safety and Health —
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.
Fee and Payment —
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.
Specifications, Standards, and Forms —
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.
Insurance —
Refer to Insurance Section.
Travel —
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.
Insurance —
Refer to Insurance Section.
Advertising —
No signs or advertisements shall be displayed on the work site except with the prior approval of the CONTRACTING OFFICER.
Advertising —
No signs or advertisements shall be displayed on the work site except with the prior approval of the CONTRACTING OFFICER.
Related Cost —
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.
Conflict of Interest —
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.
Federal, State, and Local Taxes —
Except as may be otherwise provided in this contract, the contract price includes all applicable Federal, State, and Local taxes, and duties.
Working Hours Per Day —
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.
Federal, State, and Local Taxes —
Except as may be otherwise provided in this contract, the contract price includes all applicable Federal, State, and Local taxes, and duties.
Saturdays, Sundays, Holidays, and Night Work —
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.
Inspection and Acceptance of Work —
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.
Fair Treatment of Subcontractors and Vendors —
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.
Inspection and Acceptance of Work —
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.
Errors and Omissions —
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.
Contractor Responsible for Overtime Cost —
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
Errors and Omissions —
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.
Compliance with Federal Employment Regulations —
A. Federal law requires that employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States.
B. By submitting a quote/bid/proposal in response to this solicitation, the quoter/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.
Superseding Provisions —
Any provision specified elsewhere shall supersede the provisions contained in these General Provisions.
Emergency Work —
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.
Intent of Specifications —
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.
Intent of Specifications —
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.
Disputes —
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.
Construction Facilities —
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.
Disputes —
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.
Compliance with Federal Employment Regulations —
A. Federal law requires that employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States.
B. By submitting a quote/bid/proposal in response to this solicitation, the Quoter/Offeror/Bidder/Contractor certifies that no person will be employed on this project in any manner, including sub-contractors and suppliers, that is not eligible to work in the United States, or whose employment is in violation of State or federal law. The Contractor has sole responsible for compliance with this requirement.
C. Violation of this requirement may result in termination of the Contract, a penalty of $1,000 per day or occurrence, whichever is higher, and/or reporting of the violation to the appropriate authorities.
Temporary Facilities —
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.
Compliance with Federal Employment Regulations —
A. Federal law requires that employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States.
B. By submitting a quote/bid/proposal in response to this solicitation, the Quoter/Offeror/Bidder/Contractor certifies that no person will be employed on this project in any manner, including sub-contractors and suppliers, that is not eligible to work in the United States, or whose employment is in violation of State or federal law. The Contractor has sole responsible for compliance with this requirement.
C. Violation of this requirement may result in termination of the Contract, a penalty of $1,000 per day or occurrence, whichever is higher, and/or reporting of the violation to the appropriate authorities.
Operating and Restoration —
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.
Superseding Provisions —
Any provision specified elsewhere shall supersede the provisions contained in these General Provisions.
Superseding Provisions —
Any provision specified elsewhere shall supersede the provisions contained in these General Provisions.
Work Stoppage by 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.
Approval of Specialized Facilities —
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.
Safety and Health —
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.
Insurance —
Refer to Insurance Section.
Advertising —
No signs or advertisements shall be displayed on the work site except with the prior approval of the CONTRACTING OFFICER.
Federal, State, and Local Taxes —
Except as may be otherwise provided in this contract, the contract price includes all applicable Federal, State, and Local taxes, and duties.
Maintenance Manuals —
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.
Contract Guarantee —
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.
Apportioning of Contract Amount (Lump Sum) —
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.
Construction Program —
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.
Shop Drawings, Catalogs, and Samples —
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.
Inspection and Acceptance of Work —
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.
Errors and Omissions —
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.
Intent of Specifications —
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.
Disputes —
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.
Fair Treatment of Subcontractors and Vendors —
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.
Compliance with Federal Employment Regulations —
A. Federal law requires that employers must verify that an individual whom they plan to employ or continue to employ in the United States is authorized to accept employment in the United States.
B. By submitting a quote/bid/proposal in response to this solicitation, the Quoter/Offeror/Bidder/Contractor certifies that no person will be employed on this project in any manner, including sub-contractors and suppliers, that is not eligible to work in the United States, or whose employment is in violation of State or federal law. The Contractor has sole responsible for compliance with this requirement.
C. Violation of this requirement may result in termination of the Contract, a penalty of $1,000 per day or occurrence, whichever is higher, and/or reporting of the violation to the appropriate authorities.
Superseding Provisions —
Any provision specified elsewhere shall supersede the provisions contained in these General Provisions.

Submission Requirements

Provide the company formation date. (required) —
A qualified Quoter, Bidder, or Offeror must be actively engaged as a legal entity in the field of work described in Section 3.4 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")
Certification of agreement to solicitation terms and providing legally binding response. (required) —
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.
Acknowledgement of addenda and supplements. (required) —
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.
Certification of good standing. (required) —
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.:
1. Their firm is not debarred, suspended, or otherwise ineligible for participation in government procurement by the federal government, the State of Maryland, or any other state, county, or municipal government.
2. All payments to Charles County Government have been paid and are not delinquent.
3. Their firm is in "good standing" with the State of Maryland Department of Assessments and Taxation.
Specific terms and conditions certification. (required) —
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:
1. The contact information provided shall be used by the County to communicate with Quoter, Bidder, Offeror.
2. The Quoter, Bidder, Offeror is licensed or will be licensed to do business in the State of Maryland prior to contract award.
3. The Quoter, Bidder, Offeror complies with and takes no exceptions to all requirements of the RFQ, ITB, RFP.
4. The quote, bid, proposal is valid for a minimum of one hundred twenty (120) days from the final quote, bid, proposal due date.
5. The quote, bid, proposal is submitted in accordance with the County's Notice to Quoters, Bidders, Offerors requesting quotes, bids, proposals to be received for the work outlined in the RFQ, ITB, RFP.
6. The Quoter, Bidder, Offeror certifies that their firm is not debarred, suspended, or otherwise ineligible for participation in government procurement by the federal government, the State of Maryland, or any other state, county, or municipal government.
7. The Quoter, Bidder, Offeror agrees to furnish all services as outlined in the RFQ, ITB, RFP for the prices listed on the Quotation, Bid, Cost Proposal Form.
8. The Quoter, Bidder, Offeror is cautioned and agrees that the dollar amount of a quote, bid, proposal is a business decision of the bidder and should take into consideration the costs of doing business, such as: resources required to perform, business risk, etc.
9. The Quoter, Bidder, Offeror agrees not to engage in any discriminatory practices and affirms that it has implemented policies and/or procedures to prevent discrimination in its operations. The Contractor further agrees to provide evidence of such policies/procedures upon request.
Respondent Submission Package
Experience Forms - Five (5) (required) —
The form is accessible when logged in to the eProcurement Portal. Download the below document, complete, and upload. Download the below document, complete, and upload.
Bidder/Offeror/Quoter must provide the number of projects successfully completed in the time period specified in the Solicitation Document(s), similar in nature and scope to the work required in the solicitation. “Completed” means accepted and final payment issued by the Owner. Firms which, in the sole opinion of the County, lack sufficient specific experience, may be deemed non-responsible, and will not be considered for this project. Incomplete forms or statements such as “See Attached” may be deemed non-responsive. This form may be duplicated if additional space is required. Letters of testament are desirable, but not required.
Vendor Disclosure Form (required) —
Please download the below documents, complete, and upload.
Intended Sub Contractors Form (required) —
The form is accessible when logged in to the eProcurement Portal. Download the below document, complete, and upload. Download the below document, complete, sign, and upload.
Minority and Women-Owned Business Enterprise (MWBE) Mandatory Subcontractor Goals or Good Faith Effort (GFE) Forms (required) —
The form is accessible when logged in to the eProcurement Portal. Download the below document, complete, sign where applicable, and upload.
Non-Collusion Affidavit Form (required) —
The form is accessible when logged in to the eProcurement Portal. Download the below document, complete, and upload. Download the below document, complete, sign, notarize, and upload.
Bid Bond (required) —
The form is accessible when logged in to the eProcurement Portal. Download the below document, complete, and upload. Download the below document, complete, and upload.
Project Type (required) —
Select all that apply.

Questions & Answers

Q (Site Visit ): Just to clarify, Friday’s site visits are together and the smallwood well will be the first site for the walk through, then go to the other? Can you clarify this.

A: The site visits are both scheduled for Thursday, April 9, 2026. The Smallwood location is scheduled for 10:00a.m followed by the Westwood location. Pre-registration for the site visits is required.

Smallwood and Westwood Wells Chlorinator Replacement (UN-1307)

Opportunity details

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Background

Project Details

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