Amendments to solicitations often occur prior to bid opening and sometimes within as little as 48 hours prior to bid opening. It is the potential bidder's responsibility to frequently visit the Procurement Portal at https://procurement.opengov.com/portal/baltimorecountymd to obtain amendments and any other solicitation information.
Baltimore County is seeking an on-call contractor to provide maintenance and repair services for its existing portfolio of solar PV systems, with additional projects planned in the near future.
Baltimore County currently has 3 locations that have operational solar PV systems, as well as 8 future locations to be added to the portfolio.
- Scope —
- It is the intention of these specifications that the vendor hereunder shall furnish and Baltimore County shall purchase goods and services covered by this contract which the County may require during the period of time specified. The quantities shown are approximate and are for the purpose of bid evaluation.
- The County reserves the right to order goods and services that may be required during the said period, and it also reserves the right not to order goods and services bid upon by the vendor, if it is found that such goods and services are not required by the County during the period covered by this contract.
- General Requirements —
Coverages Required:
Unless otherwise required by the specifications or the contract, the Contractor/Vendor shall purchase and maintain the insurance coverages listed herein.
Insurance Companies must be acceptable to Baltimore County and have an A.M. Best Rating of A-, Class X or better.
Verification of Insurance:
Before starting work on the contract or prior to the execution of the Contract on those bid, the Contractor/Vendor shall provide Baltimore County, Maryland with verification of insurance coverage evidencing the required coverages.
Baltimore County as Additional Insured:
The coverage required, excluding Worker’s Compensation and Employers’ Liability and Medical Malpractice Liability/Professional Liability/Errors and Omissions Liability, must include Baltimore County, Maryland as an additional insured.
Contractor's/Vendor's Responsibility:
The providing of any insurance herein does not relieve the Contractor/Vendor of any of the responsibilities or obligations the Contractor/Vendor has assumed in the contract or for which the Contractor/Vendor may be liable by law or otherwise.
Failure to Provide Insurance:
Failure to provide and continue in force the required insurance shall be deemed a material breach of the contract.
- Bi-Annual Inspection —
The following activities shall be performed as part of a low-rigor inspection program at a frequency of at least twice per year. Personnel performing system inspections must follow all Occupational Safety and Health Administration (OSHA) requirements regarding safety. Although none of the activities described in this section require the individual to access or work with electrical conductors or equipment, staff be trained to work near high-voltage electrical systems.
- Investigate the data that the monitoring system or production meter generates to confirm that performance aligns with expectations and that no data is missing or erroneous.
- Remove any vegetation or debris that may be shading the modules and ensure that no new objects like satellite dishes are shading the array.
- Observe whether excessive soiling may require cleaning to be scheduled.
- Look for signs of animal infestation, such as nests, excessive bird droppings, or wires that have been chewed on.
- Take note of any wire connectors emanating from the modules that do not appear to be well connected.
- Record the location of any wires that are poorly fastened to the racking structure, that are rubbing against an abrasive surface, that are showing breakdown from ultraviolet exposure, or that are bent in such a way that might damage the integrity of the conductor.
- Inspect the modules for discoloration, signs of breakage, delamination, vandalism, or theft.
- Ensure that roof drainage is not blocked and that there are no signs of pooled water near the array or conduit
- Verify that conduit is well supported and firmly intact.
- Ensure roof penetrations are water tight and that no damage is apparent on the rooftop.
- Confirm that the racking system is structurally secure and shows no signs of corrosion.
- Visually inspect the exterior of all electrical cabinets, such as combiner boxes, junction boxes, disconnects, and inverters for corrosion, discoloration, debris, and solid attachment to a stable structure.
- Check that all inverters are operational, and record the inverter error logs.
- Lastly, thermal imaging using infrared equipment can be used to record the location of excessive heat dissipation in module cells, wire connections, and electrical cabinets (only the exterior of electrical cabinets shall be imaged).
- Term of Agreement —
- The term of the contract shall become effective when executed by the County and shall continue through one (1) year. The County reserves the right to renew this contract for up to four (4) additional one-year renewal options under the same terms and conditions. The County will automatically renew the contract on each option year unless notice is given to the Contractor that the contract is not renewed.
- If price adjustments are requested pursuant to the terms of the contract, the Contractor must notify the Division of Procurement Services at least ninety (90) days prior to the current term's expiration date.
- The Contractor must maintain the insurance coverages required by the County while the contract is in force, including automatic renewal terms, and shall provide documentation of such insurance in a form satisfactory to the County when required.
- Annual Maintenance —
The following activities shall be performed as part of a high-rigor maintenance program with a frequency of once per year or as issues arise. Individuals performing maintenance on a PV system must follow all OSHA requirements regarding safety. Because many of these tasks involve working with high-voltage conductors and electrical equipment, the staff must meet the National Electrical Code’s (NEC’s) definition of “qualified personnel.” Due to the high direct current (DC) voltages that can be present in PV systems, staff must be trained in arc flash protection and wear all appropriate arc flash protection equipment.
- Ensure sensors related to the data monitoring systems are properly attached and orientated and clean irradiance sensors.
- Compare readings from sensors to recently calibrated sensors to ensure sensor accuracy, and check the voltages of power supplies to the sensors and communication devices.
- Measure the power at the production meter, and compare it to the meter’s readings to ensure meter accuracy.
- Clean modules.
- Eliminate opportunities for animal infestation.
- Reconnect any loose wire connectors.
- Fasten any hanging wires to a supportive structure, and repair or replace any damaged wires.
- Replace broken, delaminated, malfunctioning, or stolen modules.
- Correct any issues with water drainage or any issues that are degrading the integrity of the rooftop.
- Repair conduit that is not intact or firmly supported.
- Correct any issues with the structural integrity of the racking system, and replace any corroded components.
- Verify the continuity of all equipment grounding of racking systems, junction boxes, combiner boxes, disconnects, and inverters.
- Replace or repair any corroded electrical cabinets, and ensure that all electrical cabinets are weather tight.
- Measure module string open-circuit voltage, maximum power current, and short-circuit current, and compare these measurements against expected values or perform I-V curve tests to identify malfunctioning modules.
- Perform Megger resistance tests to verify that wire insulation is intact and suitable.
- Test continuity of system grounds to all major components.
- Test continuity of fuses in combiner boxes, disconnects, and inverters; tighten all wire terminals; and inspect components for discoloration or excessive heat dissipation.
- Measure the DC input power and alternating current (AC) output power from the inverter and confirm that appropriate efficiencies are being realized and that inverter readings are accurate.
- Clean or replace air filters on inverters.
- Test fans on inverters for proper operation.
- Use infrared thermal imaging to identify faulty wire connections and subcomponents within electrical cabinets.
- Insurance Coverages —
- General Liability Insurance
- Minimum Limits of Coverage:
- Personal Injury Liability and Property Damage Liability Combined Single Limit - $1,000,000 each occurrence
- Such insurance shall protect the Contractor/Vendor from claims which may arise out of, or result from, the Contractor's/Vendor's operations under the contract, whether such operations be by the Contractor/Vendor, any subcontractor, anyone directly or indirectly employed by the Contractor/Vendor or Subcontractor, or anyone for whose acts any of the above may be liable.
- Minimum Coverages to be Included:
- Independent Contractor's coverage;
- Completed Operations and Products Liability coverage; and
- Contractual Liability coverage.
- Damages not to be Excluded:
Such insurance shall contain no exclusions applying to operations by the Contractor/Vendor or any Subcontractor in the performance of the Contract including but not limited to: (a) Collapse of, or structural injury to, any building or structure; (b) Damage to underground property; or (c) Damage arising out of blasting or explosion.
- Automobile Liability Insurance
- Minimum Limits of Coverage:
Bodily Injury Liability and Property Damage Liability
Combined Single Limit - $1,000,000 any one accident - Minimum Coverages to be Included:
Such insurance shall provide coverage for all owned, non-owned and hired automobiles.
- Workers' Compensation and Employers' Liability Insurance
- Such insurance must contain statutory coverage, including:
Employers' Liability insurance with limits of at least:
Bodily Injury by Accident - $1,000,000 each accident
Bodily Injury by Disease - $1,000,000 policy limit
Bodily Injury by Disease - $1,000,000 each employee
- Other
Such other insurance in form and amount as may be customary for the type of business being undertaken by the Contractor/Vendor.
- Term of Agreement —
- The term of the contract shall become effective when executed by the County and shall continue through one (1) year.
- If price adjustments are requested pursuant to the terms of the contract, the Contractor must notify the Baltimore County Purchasing Division of at least ninety (90) days prior to the current term's expiration date.
- The Contractor must maintain the insurance coverages required by the County while the contract is in force, including automatic renewal terms, and shall provide documentation of such insurance in a form satisfactory to the County when required.
- Site Locations —
Existing Sites:
Rosedale New Recreation Activity Center
5103 Hazelwood Avenue
Baltimore, MD 21206
Sparrow Point New Recreation Activity Center
1900 Wharf Road
Edgemere/Sparrows Point, MD 21219
Woodlawn Senior Center
2120 Gwynn Oak Avenue
Gwynn Oak, MD 21207
Future Sites:
Essex Police Precinct - Completion approximately May 2028
216 North Marlyn Avenue
Essex, MD 21221
Hereford Senior Center - Completion approximately January 2029
210 Mount Carmel Rd
Parkton, MD 21120
Jacksonville Senior Center - Completion approximately : July 2027
3601 Sweet Air Rd
Phoenix, MD 21131
New Catonsville Fire Station - Completion approximately February 2028
736 Edmondson Avenue
Catonsville, MD 21228
Wilkens Police Precinct - Completion approximately February 2028
801 Walker Avenue
Catonsville, MD 21228
Woodlawn Library - Completion approximately May 2027
1811 Woodlawn Drive
Woodlawn, MD 21207
- PV System Specifications for Active Sites —
Rosedale New Recreation Activity Center:
Array Installer: KW Solar Solutions
Quantity: One hundred and four (104) QCells Q. Peak BLK panels & four (4) SolarEdge Technologies inverters
Specification Details:
Modules: 104 x QCells Q. Peak BLK 405 Watt Panels
DC Optimizers: 104 x SolarEdge P960
Inverters: 4 x SolarEdge 10kW 208 volt
Sparrows Point Park New Recreation Activity Center:
Array Installer: Sunrise Solar Inc.
Quantity: One hundred and seventy-six (176) REC 360 NP2 Black panels
Specification Details:
Modules: 176 x REC 360 NP2 Black panels
Woodlawn Senior Center:
Array Installer: Maryland Solar Solutions, Inc
Quantity: Twenty eight (28) REC405AA modules & one (1) Solar Edge Technologies SE 11400H-US (208V) inverter
Specification Details:
Modules: 28 x REC420AA Pure-R (REC Solar) 405 Watt Panels
DC Optimizers: 28 x S440 (SolarEdge Technologies Ltd.)
Inverter: 1 x SE11400H-US [208V] (SolarEdge Technologies Ltd.)
- Prices —
Prices quoted must remain firm for the period covered by the contract, unless price escalation is herein specified. Prices quoted shall include delivery costs and charges.
- Estimated Contract Value —
The estimated value for this contract is $____ during the entire term of the Agreement, including renewals thereof.
- PV System Specifications for Future Designs —
See attachments: A - F
- Audits —
At any time during the normal business hours and as often as the County may deem necessary, the Contractor shall make available to and permit inspection by the County, its employees or agents, all records information and documentation of the contractor related to the subject matter of this contract, including, but not limited to, all contracts, invoices, payroll, and financial audits.
- Invoices —
Daily work tickets, detailing all work performed must accompany all invoices. Invoices must be legibly prepared showing the full description of all work performed. Authorization to pay invoices will be given by Property Management, or an authorized representative, prior to payment of invoices. Original invoices must be submitted on a monthly basis to the Office of Finance, Disbursement Section, via email to disbursement@baltimorecountymd.gov. A copy of each invoice must be submitted to Property Management. Charges for late payment of invoices is prohibited. Cash discount periods will be computed either from the date of delivery and acceptance of the goods ordered, or the date of receipt of correct and proper invoices prepared in accordance with terms of Baltimore County’s order, whichever date is later. Under no circumstances will interest be paid.
Baltimore County may withhold, or on account of subsequently discovered evidence, nullify the whole or a part of any payment to such extent as may be necessary to protect the County from loss on account of:
Defective work not remedied.
Claims filed or reasonable evidence indicating probable filing of claims, by parties other than the Contractor.
Failure of the Contractor to make payments properly to subcontractors or for material or labor.
A reasonable doubt that the contract can be completed for the balance then unpaid.
Damage to another Contractor.
Failure of the Contractor to submit data required within the time limits stated in the Contract Documents. When the above grounds are removed, payment shall be made for amounts withheld because of them.
- Additions to the Contract —
Baltimore County reserves the right to add additional services and locations to this contract at any time during the term of this agreement. The Contractor will be notified of the County’s intent to include said services, equipment and locations within the constraints of this agreement. The Contractor shall quote a price for the requested services and locations. The quote shall be submitted in writing to the Purchasing Agent for review. Baltimore County reserves the right to accept or reject the Contractor’s proposal. If rejected, the County shall solicit bids on the open market for the required services. Award of new services to a current contractor’s agreement shall conform to the intent of the solicitation under section titled METHOD OF AWARD. Successful bidder will be notified in writing of the inclusion of the new services and locations.
- Materials, Workmanship, Permits, Licenses, Inspections —
With regard to this contract, Property Management, or the designated representative shall determine acceptability of all work and/or services performed. If the work and/or services are not acceptable, the Contractor will be called in to review and correct all problem areas without additional cost to the County. Upon notification by Property Management, or the designated representative, the Contractor will effect repairs to deficient work and/or services in accordance with a schedule jointly agreed upon.
The County reserves the right to make unannounced periodic inspections of the work in progress. Contractor shall contact Property Management, or the designated representative prior to beginning work.
Permits, licenses, and taxes shall be the responsibility of the Contractor at no additional cost to the County. A copy of the State of Maryland MHIC license may be required. Contractor is responsible for the arrangement of any code-required inspections for all work requiring permits.
Contractor shall provide a complete, workmanlike, well executed job in accordance with these specifications and all applicable national and local codes. Any additional code requirements requested by Baltimore County shall be noted within. In cases of conflict between requirements; that requirement which is in compliance with all applicable codes and which is also, in the opinion of Baltimore County, more advantageous to Baltimore County, shall govern.
It is conditioned that the Contractor complies in all respects with the terms, conditions, and obligations of the agreement and his/her obligations thereunder including the specifications. In cases where delays are clearly not the Contractor’s responsibility (such as scheduling inspections and the like), the Contractor is responsible for notifying Property Management, or the designated representative for explanation of procedures.
The Contractor must investigate and report on any complaints that might arise in connection with the use of his/her materials and supplies. The contractor must be prepared to furnish engineering services when requested.
Baltimore County reserves the right to extend the terms and conditions of this contract to any and all other County agencies requiring these commodities and/or services. A delivery order will be issued against the original Master Agreement, confirming the contracted pricing and giving quantity and delivery requirements.
- Unit of Measure —
The unit of measure for prices quoted must agree with the unit of measure provided on the bid form. Math extensions will be verified and bids will be rejected if units of measures are not compatible.
EXAMPLE: When an item is packaged 4 per box.
| | EST. QTY. | UNIT OF MEASURE | UNIT PRICE | TOTAL | |
| 1 | 4 | each | $5.00/ea | $20.00 | Acceptable |
| 2 | 4 | each | $20.00/box of 4 | $20.00 | Unacceptable |
- Cooperation Between Contractors —
Separate Contractors on adjoining or overlapping work shall cooperate with each other as necessary. Such cooperation shall include:
Arrangement and conduct of work.
Storage and disposal of materials, etc., by each in such a manner as to not unnecessarily interfere with or hinder the progress of the work being performed by other Contractors. Contiguous work shall be joined in an acceptable manner.
The Administration and Department shall have the right, at any time, to Contract for and perform other work on, near, over or under the work covered by this Contract. In addition, other work may be performed under the jurisdiction of another Administration or County agency. In such cases, when a dispute arises among Contractors, the Procurement Officer will decide which of the agencies will have jurisdiction over said dispute. The Contractor shall cooperate fully with such other Contractors and carefully fit his own work to such other work as may be directed by the Procurement Officer.
The Contractor agrees that in the event of dispute as to cooperation the Procurement Officer will act as referee. The Contractor agrees to make no claims against the Administration for any inconvenience, delay or loss experienced by them because of the presence and operations of other Contractors.
- Samples —
- The successful bidder may be required to furnish samples for evaluation prior to award. Samples furnished must conform exactly to the specifications herein unless otherwise specified by the buyer. Samples furnished with deviations must be clearly marked. When required, samples shall be furnished within TBD calendar days upon request. Samples not provided in accordance with the specifications or within the time specified may result in rejection of the bid.
- The successful bidder's samples may be retained pending delivery, for comparison with products delivered under the contract.
- Samples will not be returned unless the vendor indicates the requirement to do so at the time the sample is furnished, and then only at the vendor's expense. Failure to arrange for pick up of released samples within thirty (30) calendar days will result in disposal of the samples.
- Changes to the Contract —
The Contractor will notify Property Management, or the designated representative immediately by telephone of any unexpected emergency, subsurface or latent physical condition found; along with the recommendations for dealing with the matter. Any changes found necessary by the County or the Contractor not covered under the original scope of work, specification or drawing(s) shall be jointly agreed upon by the Contractor and the County. Any additional cost on the project must be submitted in writing by the Contractor and an amendment to the purchase order will be issued by the Purchasing Agent covering the change(s) before the work can proceed. The County assumes no responsibility for oral instructions or suggestions. All official correspondence in regard to the specifications should be directed to, and will be issued by, the Purchasing Agent.
- Demolition and Debris Removal —
The Contractor shall be responsible to remove all their debris from the site and clean effected work areas. The Contractor shall keep the premises free of debris and unusable materials resulting from their work and as work progresses; or upon request by a Baltimore County representative, shall remove such debris and mate rials from County property. The Contractor shall leave all affected areas as they were prior to beginning work.
- Purchase Orders —
Purchase orders will be issued from time to time by the purchasing agent for such quantities as to satisfy requirements of the County. Specific quantities and delivery information will be indicated on purchase orders. Each purchase order will refer to the supplier contract number. Purchase orders issued within the term of the contract, even if not completed within the term of the contract, shall continue to be bound by the terms and conditions herein.
- Utilities —
Baltimore County shall make available all required utilities to the Contractor for work under this contract. This however does not include those utilities to be installed by the Contractor as a part of the scope of work or specifications. Accidental interruption(s) caused by the Contractor and repair thereto, shall be at the Contractor’s expense. Planned incidentals/outages under this contract shall be coordinated with the Property Management office at least one (1) week in advance of the expected occurrence.
- Purchase Orders and Procurement Cards —
Orders exceeding $2,500 in total will be placed via purchase order by the purchasing agent. Any orders under $2,500 will be placed by telephone by the using agency and shall be charged directly to agency's procurement cards. Purchase orders issued within the term of this contract, even if not completed within the term of this contract, shall continue to be bound by the terms and conditions herein.
- Cooperative Purchase —
- The County reserves the right to extend all of the terms, conditions, specifications, and unit or other prices of any contract resulting from this bid to any and all public bodies, subdivisions, school districts, community colleges, colleges, and universities including non-public schools. This is conditioned upon mutual agreement of all parties pursuant to special requirements which may be appended thereto. The supplier/contractor agrees to notify the issuing body of those entities that wish to use any contract resulting from this bid and will also provide usage information, which may be requested.
- The County assumes no authority, liability or obligation, on behalf of any other public or non-public entity that may use any contract resulting from this bid. All purchases and payment transactions will be made directly between the contractor and the requesting entity. Any exceptions to this requirement must be specifically noted in the bid/proposal response.
- Materials and Installation —
CODES
All materials and work shall comply with the requirements of the following codes.
All Baltimore County Codes and Regulations.
Life Safety Code: 2018 National Fire Protection Association (NFPA) 101, adopted and amended by Baltimore County Bill 14-21 (Effective date: April 18, 2021)
Fire Prevention Code: 2018 Edition NFPA 1, adopted and amended by Baltimore County Bill 14-21, replaces Baltimore County Bill 3-17 (Effective date: April 18, 2021)
Other NFPA Codes and Standards: Adopted and amended by Baltimore County Bills 3-17 (Effective date: March 19, 2017)
Electrical Code: 2023 National Electrical Code, most recent edition year of the published code (effective September 1st of the edition year of the code). Also see Bill 49-24 for amendments.)
NEC National Electrical Code
NEMA National Electrical Manufacturers Association
NPA 2012 Edition NFPA 1 National Fire Protection Association
UL Underwriter’s Laboratories
OSHA The Occupational Safety and Health Act
NETA International Electrical Testing Association
Applicable Standards of the Baltimore Gas & Electrical Company and Verizon
ASTM American Society for Testing and Materials
IEEE Institute of Electrical and Electronic Engineers
IES Illuminating Engineering Society of North America
IPCEA Insulated Power Cable Engineers Association
LPI Lighting Protection Institute
ANSI American National Standards Institute
National Bureau of Standards
Electrical construction materials shall, where a listing is normal for the particular class of material, be listed in “Electrical Construction Material List” of the Underwriter’s Laboratories, Inc. (UL) and shall bear the listing label. Electrical equipment shall, where a listing is normal for the particular class of equipment, be listed in the “Electrical Appliance and Utilization Equipment List: of the Underwriter’s Laboratories, Inc. (UL) and shall bear the listing label. Materials and equipment listed and labeled as “approved for the purpose” by a Nationally Recognized Testing laboratory (NRTL), inspection agency or approved organization (such as E.T.L., MET Electrical Testing, Factory Mutual) shall be acceptable.
It shall be the sole responsibility of the Contractor performing services for the contract to safeguard their own materials, tools, and equipment. Baltimore County shall not assume any responsibility for vandalism and/or theft of materials, tools, and/or equipment.
All work shall be done in a safe manner and comply with all governing regulations concerning safety. This shall include, but not be limited to OSHA, MOSHA, etc. Adequate barricades shall be erected and maintained around all areas where equipment and materials are stored and used. All work being performed for and/or on Baltimore County property shall fully conform to all local, state and Federal safety regulations.
The Contractor shall obtain the permission of the Baltimore County representative regarding any needed storage of materials and equipment. Such storage shall be done in such a manner as not to interfere with the building schedule. Contractor shall be held responsible for any and all accidents caused by negligence from this source. The County institution does not accept responsibility for losses of material or equipment regardless of approval to store in any of the County’s facilities or grounds.
The Contractor must physically report to the work site within twenty-four (24) hours of written or verbal notification by Property Management, or the authorized representative to complete a written or verbal quotation of the work to be performed. If Property Management, or the authorized representative tells the Contractor that the work to be performed is an emergency, the Contractor must physically report to the site within two (2) hours and phone in a quotation to Property Management, or the authorized representative.
When the Contractor visits the work site, they shall submit a written quotation based on the contract pricing. Included in the quote shall be estimated labor, equipment, and material cost, brief description of repair to be done, and the work location. Property Management, or authorized representative, shall stipulate whether the Contractor will quote prices for regular time, overtime, night work, or a combination thereof. Property Management, or the authorized representative, will inform the Contractor to perform the work during normal working hours or a combination of normal, night work and after work hours. The Contractor shall only work overtime when specifically told to do so. Final dimensions shall be determined at the site by the Contractor prior to the construction or repair. All dimensions for fitting and final sizing are his responsibility. Property Management, or the authorized representative, shall determine what skill levels of workers and how many of each level shall work on any job under this agreement. Property Management, or the authorized representative, shall indicate the types and quantities of materials incorporated in the work and shall approve all sources of supply. The Contractor shall itemize each type of material on their estimate, listing the quantity unit price, and extended price. The total mark-up shall be listed separately. If Property management, or the authorized representative, in his/her sole judgment, suspects that the price for any itemized material is unreasonably high, the source of supply will be rejected. The Contractor must provide two other quotes for the material in question. If the lowest price for all three quotes is still too high, Property Management, or the authorized representative in his/her sole judgment, may elect to re-scope the job, choosing other materials and methods to accomplish the same task. All materials incorporated in the work must be approved by Property Management, or the authorized representative, prior to use on each job. Materials incorporated in the work that have not received prior approval by Property Management, or the authorized representative, shall be the Contractor’s expense and not paid for by Baltimore County. When the Contractor visits the worksite, they shall submit a written quotation based on the contract pricing. For emergency work, the Contractor shall phone in the estimate. Included in the quote shall be estimated labor, equipment, and material cost, brief description of repair(s) to be done, and the work location. For regular work, e-mail the estimate to Property Management, or the authorized representative.
When approved, the Contractor will be given a verbal Notice to Proceed or a delivery order by Property Management, or the authorized representative. Each verbal Notice to Proceed shall be confirmed by faxed or e-mailed written request or a delivery order. When emergencies occur, the Contractor shall call in the price quotation to Property Management, or the authorized representative, who, in turn, shall give the Contractor the verbal Notice to Proceed. The contractor shall commence emergency work immediately.
For all non-emergency work, once the Contractor has received the verbal Notice to Proceed or sub-order purchase order, the Contractor has ten (10) calendar days to mobilize at the job site and begin work.
All work must be performed by the Contractor’s work forces. The only exception to this requirement is for work not within the trade contracted by this agreement (i.e. grubbing-out work, etc.). For services outside of the contracted trade, subcontracting is allowed and the Contractors must bind the subcontractors by the same terms, conditions, responsibilities, and obligations assumed by said Contractors to the County. Baltimore County shall reimburse the Contractors for their costs for the subcontractor’s labor and material plus markup for overhead. If the PMDM, or the authorized representative, in his/her sole judgment, suspects that the price for any subcontractor’s services is unreasonably high, pricing will be negotiated or the subcontractor will be rejected.
The Contractor shall not charge Baltimore County for travel time to and from the work site or worker’s lunch breaks. Baltimore County shall pay only for actual work time on the job. The Contractor shall; come prepared to the job site with the correct materials and parts needed for the work. If the Contractor finds that they need materials or parts not anticipated in the original scope of work, they may use work time to go to the closest supply house to pick up that part or material. A maximum of one (1) man hour can be charged per day for such activity, if approved by the County on that day.
The Contractor’s invoice shall clearly state actual hours worked at labor rates quoted, actual cost of materials, thereof, a complete description of work performed, location, and date. Accompanying their invoices, Contractors must also include copies of their manufacturer’s/vendor’s invoices for material used thereby providing verification of actual material costs and copies of all daily work orders listing each skill level of labor and their individual hours worked. The original work orders must be two-copied and must be signed by the Baltimore County contact person at the job site. One copy should be given to that contact person and one retained for the Contractor’s files. All materials shall be listed on the work order.
If the Contractor foresees that he/she is going to exceed the original estimate, he/she must notify Property Management, or the authorized representative, for approval in order to proceed on the additional work. The County shall not pay for additional work if the Contractor performs the work without the County’s approval.
- Multi-Agency Procurement —
Baltimore County reserves the right to extend the terms and conditions of this contract to any and all other County agencies requiring these commodities and/or services. A purchase order will be issued against the original supplier contract, confirming the contracted pricing and giving quantity and delivery requirements.
- Volunteer Fire Department Code —
The vendor of this contract shall extend the same prices, terms and conditions to all Baltimore County Volunteer Fire Departments requiring these commodities and/or services. Any additional charges for deliveries to Volunteer companies must be negotiated with the individual companies. Baltimore County Fire Department and the Office of Budget and Finance are not responsible for payment of invoices for the Volunteer Fire Departments. All purchase and payment transactions will be made directly between the Vendor and the Volunteer Fire Departments.
- Escalation (MANUFACTURER DOCUMENTATION) —
- All unit prices offered herein shall be firm against any increase for one (1) year from effective date of the contract. After this date, it shall be the vendor's responsibility to notify the Buyer in advance of any anticipated changes in prices and submit a request for a price increase by furnishing bona-fide manufacturer's documents or price list reflecting the changes. Increases shall be limited to the actual cost increase to the vendor.
- The County reserves the right to accept or reject within 14 days after the request for a price increase. If the price increase is rejected, the specific item in question will be canceled. If the price increase is approved, the price will remain firm for one (1) year from the date of the increase.
- Escalation (CONSUMER PRICE INDEX) —
- All unit prices offered herein shall be firm against any increase for one (1) year from the effective date of the contract. Prior to commencement of subsequent renewal terms, the County may entertain a request for escalation in accordance with the current Consumer Price Index at the time of the request or up to a maximum 5% increase on the current pricing, whichever is lower.
- For purposes of this section, “Consumer Price Index” shall mean the Consumer Price Index-All Urban Consumers-United States Average-All Items (CPI-U), as published by the United States Department of Labor, Bureau of Labor Statistics.
- The County reserves the right to accept or reject the request for a price increase within fourteen (14) days. If the price increase is approved, the price will remain firm for one (1) year from the date of the increase.
- Excludes Line Items 27, 28 and 29 from the Price Sheet, as the unit prices for Multipliers and Pass Through Items remain firm for the term of the Agreement.
- Published Price Sheets —
This contract will allow price sheet fluctuation. The discount quoted shall remain firm for the term of this contract. It shall be the vendor's responsibility to furnish the Purchasing Division any changes in the price sheets. The price sheet must be kept current. Upon award of the agreement, the successful vendor shall provide the price sheets in electronic format to the Purchasing Division.
- Deliveries —
- Deliveries shall be made promptly. If deliveries are not made within thirty (30) days after receipt of order, the Purchasing Agent reserves the right to procure the services elsewhere on the open market, in which event, the extra cost of procuring the services may be charged against the Contractor and deducted from any monies due or which may become due it.
- If the Contractor is unable to supply requested services within the designated time, due to factory delay, strike or any unforeseen circumstances, the Contractor must notify the Buyer of the delay and the anticipated delivery date. Failure to comply with this requirement will result in a poor performance rating which is considered in subsequent awards.
- Failure to meet delivery date and to provide services as specified may result in written termination of the contract.
- Liquidated Damages —
Due to the critical nature of this requirement, liquidated damages resulting from failure to meet the delivery date shall be charged against the vendor at a rate of $ per calendar day for each day delivery is not made in accordance with the schedule. The assessed amount, if any, will be deducted from the final invoice.
- Packaging —
Packaging shall be in accordance with the best commercial practices for proper protection. All materials must be securely containerized in metal/plastic containers. The interior of the container must be of such material so that the chemical components of the product do not adversely affect the container for the shelf life of the product. All containers shall be labeled indicating content and instructions for proper use.
- Recycled Components —
Bidders must indicate what, if any, percentage of the products provided or used in performing this contract contain recycled components.
- Safety Data Sheet —
If the product herein described contains any ingredient or if the work to be performed under this contract requires the use of any product which contains any ingredient that could be hazardous or injurious to a person's health, a Safety Data Sheet (SDS) must be provided to the Purchasing Division, Room 148, Courthouse, 400 Washington Avenue, Towson, MD 2l204-4665.
- Funding Out —
If funds are not appropriated or otherwise made available to support contract continuation in any fiscal year, the County shall have the right to terminate the contract without any obligation or penalty.
- Equivalents —
Equivalent items will be considered provided descriptive literature and specifications accompany bid. Acceptability of equivalent items is determined by the Purchasing Agent.
- Contractor Qualifications —
- At the option of the County, bidders may be required to furnish evidence of sufficient financial responsibility to fulfill this contract, and evidence that they have, or can obtain the necessary equipment, manpower, and storage facility to ensure delivery within the parameters of this contract.
- Bidders must provide at least three (3) references (names of contact persons, email addresses and phone numbers) of contracts with similar size and scope serviced during the past eighteen (18) months.
- Prior to award of this contract, the County reserves the right to inspect the facilities of any bidder. The reputation of bidders regarding adequacy of their resources and facilities, and past records of their skillful performance of work of the type and magnitude required herein shall be considered when making the award.
- Background Checks —
Criminal background checks must be procured and provided to the County, at no cost to the County, for any and all Vendor or subcontractor personnel that have the ability to view or access any County data. The Vendor must provide copies of such background checks to the County before any such personnel will be permitted to access the County's data. If such background check is not provided to the County, or is determined to be unacceptable, the County reserves the right to require the Vendor or subcontractor to provide alternate personnel. In addition, failure to provide such background check may be deemed to be a default under the contract.
- Training —
If deemed necessary by the County, the vendor will be asked, as indicated below, to instruct County employees in the maintenance and operation of the unit(s). The facilities and the minimum required number of instruction days are listed below.
| Facility | Hours of Instruction |
| | |
- Field Measurements —
Each bidder must visit the installation site in order to take all measurements that are required. Sizes listed are only approximate if shown. The act of submitting a bid is to be considered acknowledgment by the bidder that they have visited the site, taken field measurements and are familiar with the conditions and requirements affecting the work. Failure to do so will not relieve the successful bidder of his obligation to furnish all materials and labor necessary to carry out the provisions of the contract and to complete the work for the consideration set forth in this bid. Vendors shall be responsible for prompt removal of all debris resulting from the work performed under this contract. Vendors may contact # to arrange an appointment for taking measurements.
- Temporary Suspension of Work —
During the progress of any job, the Contractor may suspend work via written permission of the Engineer, wholly or in part, for such period or periods as the Engineer may deem necessary, due to unsuitable weather, or such other conditions as are considered unfavorable for the suitable prosecution of the work. If it should become necessary to stop work for an indefinite period, the Contractor shall store all materials in such manner that they will not obstruct or impede traveling public unnecessarily, nor become damaged in any way, and the Contractor shall take every precaution to prevent damage or deterioration of the work performed, and erect temporary structures where necessary. When conditions permit resumption of work, the Contractor shall notify the Engineer # hours in advance and shall proceed with the work only when and if authority is granted by the Engineer. Any work performed without approval by the Engineer will be at the Contractor’s risk, and the Contractor shall be held liable for removal of any such work.
- Applicable General Conditions and Specifications —
All work performed under this contract shall be done under strict compliance with the General Conditions and Specifications, and with the “Baltimore County Standard Specifications for Construction and Materials” dated February 2000, “Supplemental Specification to the Standard Specification and Materials” dated December 1, 2000 and May, 2000, and subsequent addenda thereto, so far as the same may be applicable, a copy of the same being on file in the Office of the County Executive, the Office of the Director of Public Works for Baltimore County. The General Conditions, Specifications, and Design/Build Standard Specifications sections are in addition to the County’s Standard Specifications for Construction. In the event of a conflict between the two, the General Conditions and Specifications Section, and Standard Terms and Conditions for the solicitation will take precedence.
- Steel —
- All steel must be in prime condition, rust and scale free and manufactured in the United States of America. Notarized Certificate of Compliance must accompany shipment.
- Award will be made on a total basis, however, each item must be priced in the unit of measure specified. NO PER CWT.
- Prevailing Wage and Local Hire —
The Contractor and all Subcontractors must comply with the Prevailing Wage Law and Local Hiring Requirements contained in Baltimore County Code § 10-2-506 and § 10-2-507, respectively, as amended. Prevailing wage means the wage rate paid by employers that is determined by a governmental authority, based upon a particular geographic area, for a given class of labor and type of project. The County will use the prevailing wage established by the State of Maryland Commissioner of Labor and Industry for state funded construction contracts in the county at the time of award. These rates include the basic hourly rate and fringe benefits. Apprentices must be paid at least the rate that the state’s apprenticeship and training council sets for an apprentice in the trade involved, based on a percentage of the prevailing wage rate in that trade. Any Contractor that is subject to the prevailing wage or local hiring law will be required to agree to the below provisions:
- For the purposes of these requirements, an employee means an apprentice, laborer or mechanic employed by a contractor or subcontractor on a capital improvement project with a value of over $300,000 and a County-subsidized capital project with a value over $5,000,000.
- Capital Improvement Project does not include blanket order or open end agreements, capital improvement projects subject to a federal or state prevailing wage law, awarded without competition; with another governmental entity; to the extent the contractor is precluded from compliance by the terms of any federal or state law, contract or grant; entered into pursuant to Baltimore County Code § 10-2-310(e); entered into as a joint or cooperative purchase or entered into as an emergency purchase.
- The purpose of a prevailing wage is to ensure that contractors institute local hiring practices for Capital Improvement contracts and Capital Projects under certain circumstances as required by law, and that the Contractor’s employees who work on capital improvement contracts are paid the going rate for their services. The prevailing wage rates are established by the State of Maryland Department of Labor and apply to all of the Contractor’s employees and any and all Subcontractors. The Contractor and all Subcontractors must comply with all of the requirements of the Prevailing Wage Law including, but not limited to, the following:
- Pay employees the prescribed rate as annually established by the State of Maryland Commissioner of Labor and Industry; the prevailing wage rates in effect on the date a solicitation is issued will apply throughout the term of a contract resulting from that solicitation. Contractor or subcontractor may NOT split or subdivide a capital improvement contract, pay an employee through a third party, treat an employee as a subcontractor or independent contractor to avoid any requirement of the County’s prevailing wage law; or employ an individual classified as a helper or trainee to perform direct and measurable work on a capital improvement contract.
- Pay employees at a rate equal to or more than the prevailing wage rate currently in effect for the type of work performed
- Pay employees overtime for work (I) more than eight hours in any single calendar day; (II) more than 40 hours in a work week; or (III) on a Sunday or a legal holiday.
- Classify employees in their proper work classification in conformance with the schedule established by the State of Maryland Commissioner of Labor and Industry.
- May only make fair and reasonable deductions that are (1) required by law; (2) authorized in a written agreement between an employee and contractor or subcontractor signed at the beginning of employment that concerns food, sleeping quarters, or similar items; and submitted by the contractor or subcontractor to the Director of the County’s Prevailing Wage Program; or required or allowed by a collective bargaining agreement between a bona fide labor organization and a contractor or subcontractor.
- Electronically submit a certified copy of payroll records through https://baltimorecounty.prismcompliance.com/ within 14 days after the end of each payroll period, to verify that Prevailing Wage rates have been paid to employees.
- Payroll records shall contain a statement signed by the contractor or subcontractor certifying that the payroll records are complete and correct; the wage rates are not less than required by the Prevailing Wage law; and the rate of pay and classification for each employee accurately reflects the work the employee performed.
- All payroll records shall include the name, address, telephone number and email address of the contractor or subcontractor; the name and location of the job; and each employee’s name, current address, unless previously reported; specific work classification; daily basic time and overtime hours; total basic time and overtime hours for the payroll period; rate of pay; fringe benefits by type and amount; and gross wages. Late submission of copies of any payroll records may be deemed deficient by the County until the required records are provided, and the County may postpone processing payments due under the Contract or under an agreement to finance the Contract.
- Submit to random or regular audits and investigation of any complaint of a violation of the County’s prevailing wage and local hiring laws and requirements.
- Make best efforts to fill at least 51% of new jobs required to complete the capital improvement contract or capital project with Baltimore County residents.
- Agree that any and all disputes will be handled as set forth in the County’s Prevailing Wage and Local Hiring laws as a condition of award
- Submit monthly reports on the form designated by and to the Director of the Department of Economic and Workforce Development relating to local hiring with respect to a capital improvement contract over $300,000 and County-subsidized capital project receiving assistance over $5,000,000 that includes 1) the number of new hires needed for the contract or project, 2) the number of County residents hired during the reporting period, 3) the total number of all employees hired during the contract period, 4) best efforts made to fill open positions with County residents, and 5) for new hires name, last four (4) digits of the social security number, job title, hire date, address and referral source.
- In the event the County determines that a provision of the Prevailing Wage Law has been violated, the County shall issue a written decision, including appropriate sanctions, and may withhold payment due the Contractor in an amount sufficient to pay each employee of the Contractor or any Subcontractors the full amount of wages due under the Prevailing Wage Law, and an amount sufficient to satisfy a liability of a Contractor for liquidated damages as provided under the Prevailing Wage Law, pending a final decision on the violation by the County. The Contractor may appeal a written decision of the Director of Economic and Workforce Development to the Office of Administrative Hearings (“OAH”), that the Contractor violated a provision of the Prevailing Wage Law, within ten (10) working days after receiving a copy of the decision. OAH will conduct a hearing upon the receipt of a timely appeal. If no appeal, the decision of the Director of Economic and Workforce Development or his designee becomes final. A Contractor who is found to have violated the provisions of the Prevailing Wage or Local Hiring laws intentionally, may not be awarded a County contract or work on any County project for a period of one year from the date of the OAH determination.
- May not discharge, or otherwise retaliate against, an employee for asserting any right under the Prevailing Wage Law or for filing a complaint of a violation;
- An aggrieved employee is a third-party beneficiary of this Contract and may by civil action recover the difference between the prevailing wage for the type of work performed and the amount actually received, with interest and a reasonable attorney’s fee.
- Each Contract subject to the Prevailing Wage Law may specify the payment of liquidated damages to the County by the Contractor for any noncompliance with the Prevailing Wage Law. Liquidated damages are:
- $10 for each calendar day that the payroll records are late; $20 for each day that an employee is misclassified and paid less than the prevailing wage rate; and a civil penalty $50 per violation of the requirement to post the prevailing wage rates at the work site.
- These liquidated damages are solely related to prevailing wage and local hiring compliance and do not negate any other remedies available or set forth in the Contract, including delay damages or actual damages. These remedies are separate, in addition to, and not in lieu of any remedies available and set forth in the Contract for other breaches or defaults under the Contract.
- Where the initial Contract Sum is $300,000 or below, but it is subsequently increased and exceeds $300,000 due to an approved Contract Modification, the amount of any such Contract Modification that causes the Contract Sum to exceed $300,000 is subject to the Prevailing Wage Law and Local Hiring requirements.
- The Contractor and all Subcontractors must post a clearly legible statement of each prevailing wage rate in a prominent and easily accessible place at the Work Site during the entire time Work is being performed, in English and any other language that is primarily spoken by the employees, at the Work Site.
- MBE/WBE and/or Economic Benefit Factor —
The Economic Benefit Factor is included to determine if there are any new jobs being created or provides social responsibility to Baltimore County (as first preference) and/or Maryland its constituents. Examples of economic benefits to be derived from a contract shall include any of, but not limited to, the following. For each factor identified below, identify the specific benefit and contractual commitments and provide a breakdown of expenditures in that category:
- The number and types of jobs for Baltimore County and/or Maryland residents resulting from the Contract. Indicate job classifications, number of employees in each classification and aggregate payroll to which the Offeror has committed, including contractual commitments at both prime and, if applicable, subcontract levels. If no new positions or subcontracts are anticipated as a result of this Contract, so state explicitly;
Placement or employment in High Growth Areas of Employment
Retention and Average Earnings – Fiscal Performance
Serving Veterans
Strengthen Local Workforce Economy
- Subcontract dollars committed to Baltimore County and/or Maryland minority-owned and women-owned businesses,
- Other benefits to the Baltimore County and/or Maryland economy which the Offeror promises will result from awarding the Contract to the Offeror, including contractual commitments. Describe the benefit, its value to the Baltimore County and/or Maryland economy, and how it will result from, or because of the Contract award. Offerors may commit to benefits that are not directly attributable to the Contract, but for which the Contract award may serve as a catalyst or impetus, and
- Provide your firm’s policies with regards to the commitment to social responsibility. Submit examples. Include any examples in the Baltimore County vicinity.
- Guarantee & Warranty —
All materials furnished and installed under this contract shall be guaranteed & warrantied for a period of two (2) years against any and all defects in material, workmanship, and installation from the date of acceptance of the system by Baltimore County.
- Bid Deposit Requirements —
- Bid deposit shall be required when indicated on bid proposal. Failure to submit such check or bond when required will nullify bid.
- When specified, bids must be accompanied by either a Certified Check, Cashier's Check, Treasurer's Check or U.S. Money Order for five percent (5%) of the amount of the bid; or a Bid Bond for five percent (5%) of the amount of the bid, executed on the attached approved form. Only the bid bond form provided by the County will be acceptable and must be completed by a surety company duly licensed under the Laws of the State of Maryland.
- Checks or money orders will be returned to unsuccessful bidders upon the award of the solicitation, and to successful bidders upon execution of the contract(s) and the meeting of bond requirements, if applicable.
- Nonperformance by a successful bidder, or his failure to execute the agreement or meet bond requirements within fifteen (15) calendar days after the award, may result in his deposit being forfeited to the County as liquidated damages.
- "Sample" Form Contract —
- A sample of the County’s form contract may be found on the Baltimore County website at https://www.baltimorecountymd.gov/departments/budfin/purchasing/opportunities-bid-results-and-active-contracts. The vendor’s submission without identifying exceptions expressly acknowledges and formally evidences the vendor’s acceptance of all terms and conditions of the form contract. Any and all exceptions must be submitted in writing in the Vendor’s response.
- If the Vendor submits an exception, which alters the County’s risk, liability, exposure in, or the intent of this procurement, the County reserves the right in its’ sole and absolute discretion to deem the vendor non-responsive.
- All Vendors further understand and agree that the County will accept no vendor exceptions to the form contract at any time after submission.
- RFP Electronic Submittal Process —
- The cost of preparing Offers is the responsibility of Offerors.
- To be considered, Offers shall be received by the bid closing date and time through the Procurement Portal. Offers may not be submitted by any other means. Offers that are mailed or otherwise delivered to the Purchasing Division (including emails which indicate links to locations where the offer may be downloaded) and/or emails sent to any other Baltimore County email address will not be accepted.
- Technical and Price Proposals are to be submitted separately. There shall be no reference to the price of products and services in the Technical Proposal. All timely proposals become the property of County.
- The Technical and Price Proposal should be submitted in accordance with the Vendor Questionnaire.
- Late Proposals will not be considered. Offerors are strongly encouraged not to wait until the last minute to submit proposals. The time stated by OpenGov will be definitive of the time of receipt. Proposals received after the deadline will not be accepted. Multiple part Proposals will not be considered unless all parts are received by the bid closing date and time.
- Proposals should be prepared simply and economically, providing a straightforward, concise description of the offer, and all required information.
- Each Proposal shall be accompanied by an executed procurement affidavit in the Technical Proposal which is provided by the Purchasing Division in the solicitation package, through the Vendor Questionnaire.
- After submitting a Proposal through the Procurement Portal, and upon successful receipt by the County thereof, Offeror will receive an auto-receipt email. This receipt is proof that the Proposal has been received by the Purchasing Division and should be retained for Offeror’s records.
- As with any system, power outages or technology problems may arise that are outside of the County’s control and could affect your submission. The County will not be held accountable for such issues that may delay the transmission of any Proposal.
- The County reserves the right to waive minor irregularities in conjunction with Proposals.
- Electronic Submittal Process —
- The cost of preparing bids is the responsibility of bidders.
- To be considered, bids shall be received by the bid closing date and time. Bids may not be submitted by any other means. Bids that are mailed or otherwise delivered to the Purchasing Division (including emails which indicate links to locations where the bid may be downloaded) and/or emails sent to any other Baltimore County email address will not be accepted.
- Late bids will not be considered. Bidders are strongly encouraged not to wait until the last minute to submit bids. The time stated by OpenGov will be definitive of the time of receipt. Bids received after the deadline will not be accepted. Multiple part bids will not be considered unless all parts are received by the bid closing date and time.
- After submitting a bid through the Procurement Portal, and upon successful receipt by the County thereof, bidders will receive an auto-receipt email. This receipt is proof that the bid has been received by the Purchasing Division and should be retained for bidder’s records.
- As with any system, power outages or technology problems may arise that are outside of the County’s control and could affect your submission. The County will not be held accountable for such issues that may delay the transmission of any bid.
- The County reserves the right to waive minor irregularities in conjunction with bids.
- Pre-Proposal Conference —
- A pre-proposal teleconference is scheduled for Tuesday, May 19, 2026 at 1:00 pm, Via Webex. Prospective Offerors should contact the Buyer at fbeck@baltimorecountymd.gov to be added to the registration list for the teleconference. The deadline to register for the Pre-Proposal conference is June 5, 2026 at 4:00 p.m.
- The purpose of the conference is to clarify any parts of the solicitation and answer questions which may be pertinent to the request. Any significant changes to the solicitation as a result of the discussions at the pre-proposal conference will be posted by amendment.
- INCLEMENT WEATHER NOTICE: In the case of inclement weather, please check the Baltimore County website for notice of County Office closings, delayed opening or granting of Liberal Leave. If any of these conditions exist on the day of the pre-proposal meeting, the meeting will be rescheduled at a later date.
- Pre-Bid Conference —
- A pre-bid teleconference is scheduled for Tuesday, May 19, 2026 at 1:00 pm, Via Webex. Prospective Bidders should contact the Buyer at fbeck@baltimorecountymd.gov to be added to the registration list for the teleconference. The deadline to register for the Pre-Bid conference is June 5, 2026 at 4:00 p.m.
- The purpose of the conference is to clarify any parts of the solicitation and answer questions which may be pertinent to the request. Any significant changes to the solicitation as a result of the discussions at the pre-bid conference will be posted by amendment.
- INCLEMENT WEATHER NOTICE: In the case of inclement weather, please check the Baltimore County website for notice of County Office closings, delayed opening or granting of Liberal Leave. If any of these conditions exist on the day of the pre-proposal meeting, the meeting will be rescheduled at a later date.
- Insurance —
- The Contractor will be required to provide verification of insurance coverage to include Endorsement Page(s) for each carrier in accordance with the attached requirements. The Contractor will have fifteen (15) calendar days from receipt of notice of intent to award in which to comply with this requirement, excluding County holidays and non-work days, if applicable.
- The Insurer must maintain the insurance coverage required by the County while the contract is in force, including renewal terms, and shall provide documentation of such insurance in a form satisfactory to the County when required.
- In the event the Contractor changes its insurance carrier, new verification of insurance coverage and Endorsement Page(s) must be provided to the County by the new insurance carrier within ten (10) days of the change of policy.
- County Holidays —
- New Year's Day
- MLK, Jr. Birthday
- Presidents' Day
- Memorial Day
- Juneteenth Day
- Independence Day
- Labor Day
- Indigenous People’s Day
- General Election Day (each even year)
- Veterans' Day
- Thanksgiving Day
- Christmas Day
- Bonds —
- The Contractor shall be required to give both a performance and payment bond, each in the amount of the contract, conditioned that it shall comply in all respects with the terms and conditions of the contract and the Contractor’s obligations thereunder, including the specifications.
- In the event your company is unable to qualify for bonding through a traditional commercial surety company, you may qualify for the required bonds through the State of Maryland, Department of Commerce (DOC).
- The Maryland Small Business Development Financing Authority (MSBDFA, pronounced Mis-Bid-Fa), an agency of DOC, operates a Surety Bond Program designed to assist small businesses, based in Maryland, that are unable to obtain adequate bonding on reasonable terms in the commercial marketplace. MSBDFA provides bid, payment and performance bonds for contracts funded by government agencies, regulated utilities and private entities. The penal sums of the bonds are limited to the aggregate amount of $2,500,000 and companies may pre-qualify for multiple bonds within pre-approved terms and conditions.
- For more information on how to apply, you may contact: Meridian Management Group, Inc. (MMG), (the Program’s Manager), 826 E. Baltimore Street, Baltimore, Maryland 21202, Telephone 410-333-2470. Or visit their website at www.mmggroup.com for information, applications and a checklist of required documents and reports that must accompany the application.
- Delivery - Vehicles —
Baltimore County will not accept direct factory drop shipments. The successful bidder must inspect, clean, lubricate, front end align and pre-delivery service each unit prior to final delivery. The units must be ready for immediate use.
- Delivery Services —
The successful bidder must inspect, clean, lubricate, and pre-delivery service each unit prior to final delivery. The units must be ready for immediate use. Baltimore County will not accept direct factory drop shipments.
- Method of Award —
Award of this contract may be in whole or in part, in accordance with Sec. 10-2-406 of the Baltimore County Code, 2015, as amended. The County reserves the right to make multiple awards, on an individual item basis, combination item basis or lump sum basis, whichever is in the best interest of the County, effectively the lowest responsive, responsible bidders. Past performance of bidders in furnishing goods and services to Baltimore County will be considered in determining the award.
If multiple awards are made, it is the intention of Baltimore County to issue work equally to all contractors in a general rotation, however, the assignment of work shall be at the sole discretion of Baltimore County. Any claim of any contractor against the County for extra compensation or damages, arising out of the assignment of work by the County, shall be deemed to have been waived by all contractors. In addition, the County reserves the right to award individual jobs on a specific rotation basis, based on demonstrated areas of experience and expertise, or based on job location.
- Buy America Apparel and Safety Equipment —
The bidder hereby agrees that all apparel and safety equipment purchased will be and/or have been produced in the United States unless a waiver of these requirements is approved based on the following:
The item is not manufactured or available for purchase in the United States or is not manufactured or available in reasonable quantities,
The price of the item manufactured in the United States exceeds the price of a similar item not manufactured in the United States by an unreasonable amount, or
The quality of the item manufactured in the United States is substantially less than the quality of a similar item not manufactured in the United States.
The bidder must provide in their bid package any further verified information, certification or assurance of compliance with this paragraph, or information necessary to support a waiver of these requirements, as required by Baltimore County.
- Compliance With Federal and State Confidentiality Law —
- The Contractor acknowledges its duty to become familiar with and comply, to the extent applicable, with all laws and regulations including, but not limited to, the federal Health Insurance Portability and Accountability Act (HIPAA), 42 U.S.C. §§ 1320 et seq., as the same may be amended from time to time and implementing regulations including, but not limited to, 45 CFR Parts 160 and 164, as the same may be amended from time to time, the Maryland Confidentiality of Medical Records Act (MCMRA), Md. Code Ann. Health-General §§4-301 et seq., as the same may be amended from time to time, and the Health Information Technology for Economic and Clinical Health (HITECH) Act, Title XIII of Division A and Title IV of Division B of the American Recovery and Reinvestment Act of 2009 (ARRA), Pub. L. No. 111-5 (February 17, 2009), as amended. This obligation includes but is not limited to:
- As necessary, adhering to the privacy and security requirements for protected health information and medical records under federal HIPAA, HITECH, and State MCMRA and making the transmission of all electronic information compatible with the federal requirements; and
- Providing good management practices regarding all health information and medical records.
- The Contractor must execute a business associate agreement, when and if required by federal or state laws and/or regulations, as the same may be amended from time to time.
- Protected Health Information as defined in the HIPAA regulations at 45 CFR 160.103 and 164.501, as, the same may be amended from time to time, means information transmitted as defined in the regulations, that is individually identifiable; that is created or received by a healthcare provider, health plan, public health authority, employer, life insurer, school or university, or healthcare clearinghouse; and that is related to the past, present, or future physical or mental health or condition of an individual, to the provision of healthcare to an individual, or to the past, present, or future payment for the provision of healthcare to an individual. The definition excludes certain education records as well as employment records held by a covered entity in its role as an employer.
- Escalation For Clothing —
- IF DISTRIBUTOR: All unit prices offered herein shall be firm against any increase for one (1) year from effective date of this proposed contract. After this date, it shall be the vendor's responsibility to notify the Buyer in advance of any anticipated changes in prices and submit a request for a price increase by furnishing bona-fide manufacturer's documents or price list reflecting the changes. Increases shall be limited to the actual cost increase to the vendor.
- IF MANUFACTURER: All unit prices offered herein shall be firm against any increase for one (1) year from the effective date of the contract. Prior to commencement of subsequent renewal terms, the County may entertain a request for escalation in accordance with the current Consumer Price Index at the time of the request or up to a maximum 5% increase on the current pricing, whichever is lower.
For purposes of this section, “Consumer Price Index” shall mean the Consumer Price Index-All Urban Consumers-United States Average-All Items (CPI-U), as published by the United States Department of Labor, Bureau of Labor Statistics. - Baltimore County reserves the right to accept or reject within thirty (30) days after the request for a price increase. If the price increase is rejected, the specific item in question will be canceled. If the price increase is approved, the price will remain firm for one (1) year from the date of the increase.
- Minority Business Enterprise And Women Business Enterprise Requirements (MBE/WBE) —
The resulting minority and women business participation requirement for this contract is %.
- Each Prime Contractor must comply with all Minority Business Enterprise and Women Business Enterprises (MBE/WBE) participation requirements. Included with this solicitation package are copies of the County’s MBE/WBE policy and provisions and MBE/WBE participation schedule forms. All MBE/WBE participation forms must be completed, executed, and returned with the bid, proposal or qualifications if a goal has been assigned. MBE/WBE participation forms are available online at www.baltimorecountymd.gov/go/mwbe or you may contact the buyer on the solicitation.
- The Prime Contractor shall comply with the required participation levels on a cumulative basis for the full term of the contract. The Prime Contractor shall estimate the participation level (for the full term of the contract) for each subcontractor and/or supplier listed on the participation schedule.
- If no minimum participation level has been assigned, the Prime Contractor shall nevertheless make a genuine good faith effort to comply with the County’s MBE/WBE minimum participation goal even if the Prime Contractor has the capability to complete the work with its own workforce. The Prime Contractor shall make a good faith effort to obtain MBE/WBE subcontractor participation. The selected MBE/WBE subcontractor(s) must perform a commercially useful function when it is responsible for execution of the work of the contract and is carrying out its responsibilities by actually performing, managing, and supervising the work involved.
Certified Minority-owned or Certified Women-owned Prime Contractors may count their participation for up to 50% of the solicitation goal. Certified firms must make a good faith effort to obtain MBE/WBE subcontractor participation for the remaining portion of the goal. Example: 20% MBE/WBE participation goal. Certified Minority-owned or Certified Women-owned firm bidding as the prime may count for 10% of the goal provided they are self-performing the work. The remaining 10% must be subcontracted to an MDOT and/or City of Baltimore certified firm.
If the materials or supplies are purchased from an MBE/WBE supplier, 60% of the cost of the materials or supplies from the certified MBE/WBE supplier will be counted toward the MBE/WBE goal.
The failure of a Bidder/Offeror to properly complete and submit the appropriate MBE/WBE plan forms and, if applicable, required Good Faith Effort (GFE) documentation shall result in the bid/proposal being deemed as nonresponsive and not susceptible of being selected for award. - Within 10 working days of receiving notification that the Bidder/Offeror is the apparent awardee, the Bidder/Offeror shall provide the following documentation to the Buyer:
- BCG FORM C-Subcontractor MBE-WBE SUBCONTRACTOR PARTICIPATION NOTICE OF INTENT TO AWARD accompanied by a fully executed copy of the subcontract for each subcontractor.
- Any other documentation required by the Buyer to ascertain Bidder’s/Offeror’s susceptibility of being selected for award in connection with the certified MBE/WBE participation goal.
NOTE: If the apparent awardee fails to return each completed document within the required time, THE PROCUREMENT OFFICER MAY DETERMINE THAT THE APPARENT AWARDEE IS NOT RESPONSIBLE AND THEREFORE NOT SUSCEPTIBLE FOR CONTRACT AWARD.
- Prospective Bidders/Offerors are advised to carefully review the Minority and Disadvantage Business Enterprise Package regarding MBE/WBE or DBE participation.
- All MBE/WBE subcontractors must be MDOT or Baltimore City certified at the time of bid/proposals submission to count towards the MBE/WBE solicitation subcontract goal.
- If the Bidder/Offeror is a certified Minority or Women Business Enterprise, it should be so indicated with the certification number in the Bid or Technical Proposal.
- Under circumstances where mobilization payments are issued to the Prime Contractor, the subcontractor shall be paid an amount equal to their participation percentage no later than five (5) business days before they are required to mobilize to perform the contracted work.
The Prime Contractor shall submit proof of mobilization payment to subcontractors when the subcontractor performs their initial item of work in the MBE/WBE Compliance portal. - Prompt Payment
The Prime Contractor agrees to pay each subcontractor under this contract for satisfactory performance of its responsibilities under the applicable subcontract within 30 days of the subcontractor’s satisfactory completion of the work as accepted by Baltimore County, Maryland. The Prime Contractor agrees further to return retainage payments to each subcontractor within 30 days after the subcontractor’s satisfactory completion of work. Any delay or postponement of payment from the above referenced time frame may occur only for good cause following written approval of Baltimore County, Maryland. This clause applies to both MBE/WBE and non-MBE/WBE subcontracts.
• The Prime Contractor shall report the subcontractor’s mobilization cost as the initial payment in the PRiSM Compliance Portal found under Compliance Reporting for Prime and Sub-Contractors at www.baltimorecountymd.gov/go/MBE/WBE.
• The Prime Contractor must include in its subcontracts language providing that the Prime Contractor and the subcontractors will use appropriate alternative dispute resolution mechanisms to resolve payment disputes.
• The Prime Contractor will not be reimbursed for work performed by subcontractors unless and until the Prime Contractor ensures that the subcontractors are promptly paid for the work they have performed.
• Prime Contractors may be subject to liquidated damages pursuant to Maryland and/or Baltimore County law, to ensure that MBE/WBEs and other contractors are fully and promptly paid. - All Prime Contractors and MBE/WBE and/or DBE subcontractors are required to report monthly to the County through the online Compliance Portal (PRISM). The portal can be found under Compliance Reporting for Prime and Sub-Contractors at www.baltimorecountymd.gov/go/MBE/WBE. Prime Contractors must provide a contact person and contact information for the MBE/WBE compliance reporting. If the Prime Contractor cannot submit its report on time, it must notify the County MBE/WBE Office and request additional time to submit the report. Failure to report in a timely manner may result in a finding of noncompliance, and may result in a finding of default under the terms of the contract. The County, in its sole discretion, may require additional reports regarding MBE/WBE. Questions regarding the use of this system can be directed to the MBE/WBE Office at mwbe@baltimorecountymd.gov or call 410-887-3407.