Active SLED Opportunity · MARYLAND · CHARLES COUNTY GOVERNMENT

    VanGO Transit Operations Management

    Issued by Charles County Government
    countyRFPCharles County GovernmentSol. 240092
    Open · 35d remaining
    DAYS TO CLOSE
    35
    due Jun 18, 2026
    PUBLISHED
    May 7, 2026
    Posting date
    JURISDICTION
    Charles County
    county
    NAICS CODE
    485113
    AI-classified industry

    AI Summary

    Charles County Government seeks proposals for VanGO Transit Operations Management services, including public transit and specialized transportation. The contract involves operations, maintenance, scheduling, and compliance with ADA and federal regulations. Mandatory pre-proposal and fleet inspection meetings are scheduled. Proposals are due June 18, 2026.

    Opportunity details

    Solicitation No.
    240092
    Type / RFx
    RFP
    Status
    open
    Level
    county
    Published Date
    May 7, 2026
    Due Date
    June 18, 2026
    NAICS Code
    485113AI guide
    Agency
    Charles County Government

    Description

    The County Commissioners of Charles County are hereby requesting sealed proposals from qualified firms to provide VanGo Transit Operations Management services. The County considers these services essential to the well-being of its residents and the continued provision of safe, reliable, and efficient public transportation. This work is funded at approximately 50% by the Federal Transit Administration (FTA) with oversight by the Maryland Transit Administration (MTA).

    The estimated annual trips stated are provided as a general guide for evaluation purposes and are not guaranteed. Actual quantities may be more or less than those estimated.

    Project Details

    • Reference ID: 26-025
    • Department: PGM - Transit
    • Department Head: Chief (Chief of Transit)

    Important Dates

    • Pre-Proposal Meeting: 2026-05-21T14:00:00.000Z — The MANDATORY pre-proposal 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

    EventDateLocation
    Fleet Inspection *(attendance required)*2026-05-31T14:00:00.000ZThe fleet inspection is MANDATORY. Current Contractor's facility, located at 10745 Demarr Road, White Plains, MD, 20695. This is the only opportunity for Offerors to conduct an inspection. No questions will be accepted.
    Fleet Inspection Registration Deadline *(attendance required)*2026-05-28T12:00:00.000ZFirms must register in advance to attend the fleet inspection via the County's eProcurement Portal RSVP Manager.
    Question Submission Deadline2026-06-02T20:30:00.000ZQuestions 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.
    Pre-Proposal Meeting Registration Deadline *(attendance required)*2026-05-20T12:00:00.000ZFirms must register in advance to attend the pre-proposal meeting via the County's eProcurement Portal RSVP Manager. Pre-proposal meeting will occur virtually/teleconference, unless otherwise specified. Firms that have registered timely will receive participation instructions. If multiple attendees from your firm will be attending the meeting, please have each individual complete the eProcurement Portal RSVP Manager process.

    Evaluation Criteria

    • Services to be Provided

      The County Commissioners of Charles County are hereby requesting sealed proposals from qualified firms to provide VanGo Transit Operations Management services. This work is funded at approximately 50% by the Federal Transit Administration (FTA) with oversight by the Maryland Transit Administration (MTA).

      The following services shall be provided:

          1. Public Transit
          2. Specialized Services

      All services to be rendered by the Contractor under this Contract shall be specified by the County. Contractor shall advise the County of matters of importance and make recommendations when appropriate; however, final authorization concerning service parameters shall rest with the County.

      Other service requirements include having a person available to answer the telephone and relay information to the drivers during all hours when a vehicle is on the road, with no exceptions.

      The County reserves the right to revise any service parameters as needed, to meet service requirements and regulations.

      All passengers, including those requesting Specialized Services, are expected to utilize the public transit deviated-fixed and fixed routes whenever possible. Medical documentation verifying why a person is unable to use the public transportation will be required in instances where a person lives on or can access a route but is requesting specialized transportation services, such as Medical Assistance Transportation or Demand Response service.

      The following sections detail the service as it currently exists (with known expansions). While it is anticipated that service will continue initially as described below and may continue to grow over the course of this contract, the County will modify the service – either increase or decrease – based on proposal responses. It is our intent to use the proposal provided for planning new services as funding becomes available. As such, it is expected that the proposed prices will apply to the cost of any future services for the program.

    • Award of Contract

      The County intends to award this solicitation on the basis of a combination of the evaluation of the Offerors’ experience and qualifications, as well as the proposed price. Award will not be based upon cost alone, and this solicitation does not commit the County to award a contract or to award to that firm which has submitted the lowest fee. The evaluation criteria may include: the Offeror’s demonstration of their understanding of the work to be performed, past experience, technical ability, other resources, qualifications of personnel, results of reference checks, and record of similar work performed satisfactorily. In addition, the County reserves the right to accept any proposal either in part or in its entirety. 

      At any time, the County may request an offeror to provide additional items such as: additional information, clarification, references, interviews/presentations, and any other documentation needed to assist the County in the award selection process. Failure of an offeror to furnish requested information may constitute grounds for determining an offeror as non-responsive at the sole option of the County. Any contract awarded is contingent upon completion of the protest period.

      The County reserves the right to reject any/all proposals, to waive irregularities and/or informalities in any proposal, and to make award in any manner, consistent with law, deemed in the best interest of the County.

    • 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.

    • Responsiveness Review

      The County will review the proposal for minimum responsiveness criteria. Proposals that do not meet the minimum responsiveness criteria may be rejected as non-responsive, at the sole option of the County. Any deficiencies will be reviewed and determined by the Chief of Purchasing.

    • Proposal Submission Conditions

      Charles County Government is accepting electronic proposal submissions. Offerors 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 proposal via the County's eProcurement Portal

      Proposals shall be submitted by the date and time specified. Late proposals will not be accepted. Submission, modification, or withdrawal of proposals after the due date/time will not be considered. 

      It is the Offerors’ sole responsibility to ensure that proposals are delivered via County's eProcurement Portal. Offerors 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 proposals not received timely will not be considered.

      Proposals shall be valid and irrevocable for a minimum of one hundred twenty (120) days from the due date. An Offeror may submit only (1) proposal in response to this RFP. Offerors shall monitor the County's eProcurement Portal for schedule changes issued via addendum.

    • 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):

      ApplicableProvisionDescription
            XCommercial 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:          $5,000,000 per occurrence

                                        $15,000,000 annual aggregate

      ii. Property Damage: $5,000,000 per occurrence 

      iii. Collision and Comprehensive: Equal to the actual cash value of fleet

            XWorker’s Compensation In compliance with Maryland Statutory Liability
            XCommercial General Liability Minimum limits of: $5,000,000 (combined personal injury and/or property damage) per occurrence subject to $15,000,000 aggregate.
            XEmployers Liability Insurance
      1. $500,000 each accident for injury
      2. $500,000 each employee, $500,000 aggregate for disease
            XUmbrella excess liability insurance or excess liability insurance $5,000,000 each occurrence/ $5,000,000 aggregate
          Professional Liability Professional liability insurance to include Errors & Omissions coverage with a limit of not less than $1,000,000 per occurrence subject to $2,000,000 aggregate.
       Builder’s Risk Insurance

      The Contractor shall purchase and maintain, in a company or companies, lawfully authorized to do business in the State of Maryland, property insurance written on a builders’ risk “all risk” or equivalent policy form in the amount of the initial contract sum, plus the value of subsequent contract modifications and cost of materials supplied or installed by others, comprising the total value for the entire project at the site on a replacement cost basis. Such property insurance shall be maintained, unless otherwise provided in the contract documents, until final completion and acceptance by the County. This insurance shall list the County Commissioners of Charles County as the Name of Insured on such builder’s risk policy.

      This insurance shall be on an “all risk” or equivalent policy form and shall include, without limitation, insurance against the perils of fire and physical loss or damage including, without duplication of coverage, property in transit, property stored on or off site, theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, testing and startup, temporary building and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation of Architect’s and Contractor’s services and expenses required as a result of such insured loss.

       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:

      1. Commercial automobile bodily injury and property damage insurance
      2. Commercial General Liability
      3. Builder’s Risk
      4. 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 Offeror of any of the responsibilities or obligations assumed by the Offeror in the Contract awarded or for which the Offeror 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. Contractor shall provide that the County be given at least (30) days prior written notice of any cancellation of any policy required in the Contract awarded or for which the Offeror may be liable by law or otherwise. 

    • 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:

      -----------------------------------------------------------------------------------------------------------------------------------------------------------------

        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. 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.

    • Original Proposal Instructions

      The original proposal shall be considered the items listed in this Section. All forms must be completed. signed, and submitted. Indicate "NA" on the form if it is "Not Applicable" and sign and date it. Original proposals which do not include all components or use the proper format may be considered non-responsive and therefore not reviewed or considered for award.

    • 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.

    • 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.

    • Technical Proposal Instructions

      At a minimum, each technical proposal shall include the following items in the stated order; all pages shall be numbered; using font size of eleven (11) point or larger, printable one sided on 8.5” x 11” size paper and all the listed components must be included. Do not provide references to other section/tabs, documents or websites for the information required; information should be specifically included in the RFP response. Technical proposals which do not include all components or use the proper format may be considered non-responsive and therefore not reviewed or considered for award.

      Provide a Table of Contents with the specified tabs, page numbers, and content below for each tab.

    • Option A - Public Transit Services (Contractor Provided Facility & Fuel) - CURRENT MODEL

      Offerors shall provide pricing for each item by unit price for Public Transit Operations (hours), Specialized Transportation (trips), and Subscription Services (hours) utilizing a Contractor provided facility and Contractor supplied fuel. The County shall pay the pay for this item at the unit prices specified. 

    • 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.

    • Public Transit

      The Contractor shall provide public transit services according to published schedules for established routes. Hours of service are based on published start and end times of routes. Stops along the route will be curb-to-curb whenever possible or otherwise as close to a destination as possible, with safety considerations given top priority.

      Bus stops along the route will direct the flow of the route, act as timing points, and act as areas for passengers to board or disembark the bus. Passengers board and disembark at bus stop locations as well as anywhere along the route in residential areas, if it is safe to do so. These are called “flag stops” which allow a passenger to be picked up or dropped off anywhere along the route and not be restricted to published stops, only. (Flag stops are not permitted along Route 301 or Route5/Leonardtown Road in Waldorf.) The County will work closely with the Contractor to encourage passengers to come to bus stop locations and to other pick-up locations along the route.

      Unless otherwise noted, vehicles must have a minimum seating capacity of 16 ambulatory and 2 wheelchair positions with expandable ambulatory seating. All vehicles used in service must be lift equipped.

      8.2.1 FIXED ROUTE

      The public transit fixed routes operate Monday through Saturday, 6:30 A.M. till approximately 10:30 P.M. The routes adhere strictly to published schedules and are operated according to published route details, which are provided by the County, and describe in detail the manner in which each route is to be completed. Schedules list each stop on the route and the time the bus will arrive while the route details dictate where the bus will turn and how the bus will travel to complete the stops listed on the schedule. Operating schedules as of December 2025 are attached to Appendix G, with the general description of each route detailed below.

      Services run continuously throughout the day. As a result, the Contractor will have to provide adequate staffing to allow for required breaks (lunch, dinner, etc.) for employees while continuing to operate the service without interruption. These routes are VanGO’s primary routes, representing the most passenger trips and covering the largest geographical area.

      All deviated-fixed and fixed route services are timed to allow for transfers at various transfer points. The main transfer point is currently the 301/Smallwood Drive Park & Ride lot. Additional transfer points include, the La Plata Park & Ride, Food Lion Shopping Center in St. Mary’s County, Brandywine Crossing and Bryans Road Shopping Center.

      A. St. Charles A, B, C & D

      Each route is assigned one bus which operates in a distinct 25-minute loop. The 301 Park & Ride is serviced twice each hour, providing connections to other routes. These routes service most of the St. Charles community. Transfer point affected: 301 Park & Ride.

      B. Pinefield

      One bus runs 50-minute loops covering the Pinefield neighborhood and surrounding areas and returns to the main transfer point, via traveling South on Route 301. Stops along Route 925 are made while traveling north to Pinefield and stops along Route 301 are made while traveling south towards the transfer point.

      C. 301 Connector

      301 Connector acts as a shuttle between the main transfer point at the 301 Park & Ride, and the La Plata Village Center, where passengers can connect to the La Plata Route. 301 Connector provides service to the College of Southern Maryland La Plata campus and the Charles County Health Department. One complete round trip takes 51 minutes. Transfer points affected: 301 Park & Ride, La Plata Park & Ride.

      Two buses are operated on this route from 7:30 AM until 5:51 PM then one bus operates until the end of service at 9:51 PM. One bus operates the entire day Saturdays. This route experiences the highest ridership in the system and is critically important.

      D. La Plata

      La Plata operates two 25-minute loops in La Plata only, with passengers transferring to or from La Plata at the La Plata Village Center. Service on this route is to the residential and business areas of La Plata including the local hospital, library, and Department of Social Services. Transfer points affected: La Plata Park & Ride.

      E. Indian Head

      Two buses operate from the 301 Park & Ride throughout the day in 1.5-hour loops. Upon arrival at the 301 Park & Ride, the bus operates a 25-minute loop, St. Charles D, servicing the Gleneagles South community, the St. Charles High School and the stadium. Transfer points affected: 301 Park & Ride and Bryans Road Shopping Center.

      F. Berry Road

      One bus operates from the 301 Park & Ride down the Berry Road corridor, servicing the North Point Complex. The 50-minute loop runs continuously throughout the day. Transfer point affected: 301 Park & Ride.

      G. Business A & B

      One bus is operated on each route. Each loop operates in the Waldorf business community on and around Route 301, as well as in residential neighborhoods along the routes. Medical offices, shopping centers, grocery stores, and the Waldorf Jaycees are serviced with the Business routes. Business A & B are each operated on approximately 45-minute loops.

      H. Charlotte Hall

      This route runs a one-hour loop between Waldorf and Charlotte Hall daily and offers connections to the St. Mary’s Transit System by connecting with St. Mary’s Transit System (STS) and Calvert Transportation at the Food Lion shopping center in Charlotte Hall. Transfer point affected: Food Lion Shopping Center.

      I. Newburg/Bryans Road

      The Newburg route operates on a 55-minute loop every other hour. On the opposing hour, the Bryans Road route operates on a 41-minute loop. One bus is required to operate both routes.

      J. Nanjemoy

      Nanjemoy operates four trips as fixed route, three as a subscription and the last trip at 7:30 PM on request from the La Plata Park & Ride. Subscription trips are available to the public and that component of service is considered fixed route. Offerors shall include that in their fixed route pricing.

      K. Brandywine Connector

      This route operates connecting Waldorf with the Brandywine Crossing shopping center in Prince George’s County making connections with Prince George’s County’s transit system. This route provides a supplement primarily for employment purposes. Transfer point affected: 301 Park & Ride.

      L. CSM Connector

      This route operates weekdays, Monday through Thursday throughout the CSM school year. It makes connections at the La Plata Park & Ride and Food Lion shopping center in Charlotte Hall.

      M. Estimated passenger trips, miles, and hours per month.

      This estimate is from the last completed Fiscal Year 2025. The expectation is that passenger trips will continue to increase.

      Service Area

      Average Passenger Trips per Month

      Average Miles per Month

      Average Hours per Month

      301 Connector

      7,249

      9,693

      577

      Berry Road

      2,466

      7,114

      351

      Brandywine Connector

      3,585

      5,521

      372

      Bryans Road

      1,132

      4,802

      158

      Business A

      3,009

      5,761

      334

      Business B

      3,699

      3,336

      302

      Charlotte Hall

      2,179

      10,120

      345

      CSM Connector

      141

      3423

      128

      Indian Head

      6,279

      22,976

      572

      La Plata

      5,667

      5,874

      366

      Nanjemoy

      1,359

      10,963

      380

      Newburg

      1,132

      4,802

      158

      Pinefield

      4,518

      5,704

      392

      St. Charles A

      2,820

      6,159

      367

      St. Charles B

      5,592

      5,680

      400

      St. Charles C

      3,998

      6,013

      341

      St. Charles D

      1,212

      4,696

      204

      8.2.2 DEVIATED-FIXED ROUTE

      These public transit routes also operate according to published schedules and route details but will deviate from the route when necessary to provide additional service to passengers. Deviations may be authorized up to ¾ of a mile for compliance with complementary Americans with Disabilities Act (ADA) service.

      Deviations must be approved by the County in advance and will be available only to eligible elderly and disabled persons on the primary routes. Once approved, eligible individuals must call in at least the day prior in advance to request the deviated service. Drivers return to following published schedules and route details once a deviation is completed and the bus returns to the route.

    • 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.

    • Evaluation Criteria

      Proposal evaluation will include, but is not limited to, the following:

      Item #Evaluation Criteria DescriptionPoints
      1Offeror's Organizational Structure10
      2Offeror's Financial Capability5
      3Required Plans and Other Information15
      4Offeror's Experience15
      5Other Factors5
      6Cost50
      7Total100
    • 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.

    • Cost Proposal Form

      Proposal pricing shall be submitted on the Itemized Pricing Form and "Option A , Option B, Option C" submitted in the Cost Proposal Form. All cost columns of the table and Itemized Pricing Form shall be fully completed to be able to submit a proposal response. Total Proposed Pricing shall be submitted on the Cost Proposal Form. All cost columns of the table shall be fully completed to be able to submit a proposal 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. An Offeror may only submit one (1) Cost Proposal Form in response to this solicitation. Each item on the form shall contain only one value. 

      4.2.A  Itemized Price List

      Offerors shall submit the Itemized Price List fully completed and signed by the official certified to legally bind the Offeror. 

    • 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.

    • Option B - Public Transit Services (County Provided Facility/No County Provided Fuel)

      Offerors shall provide pricing for each item by unit price for Public Transit Operations (hours), Specialized Transportation (trips), and Subscription Services (hours) utilizing a County provided facility and Contractor supplied fuel. The County shall pay the pay for this item at the unit prices specified. Pricing shall be in accordance with Section 8.36

      (May be used in the event the County provides a transit operations facility for use by the Contractor)

    • Term of Contract

      The Contractor selected shall provide the services and all requirements contained herein for a base period commencing on the date of contract execution, after expiration of the award protest period, unless notified otherwise by the County in writing and end June 30, 2029, with three (3) optional 2-year renewals at the sole option of the County. Each 2-year renewal shall commence on July 1 and end on June 30. 

      This contract shall be automatically renewed unless notice of nonrenewal shall be made to the Contractor by Charles County Government or to Charles County Government by the Contractor at least forty-five (45) calendar days prior to the contract anniversary date which is the date in the Notice to Proceed, contract begin date, or otherwise indicated by Charles County Government.

    • 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.

    • Solicitation Events
      1. Pre-Proposal Meeting Registration Deadline: Refer to the Timeline section for date, time, location, participation and registration requirements. Pre-proposal meeting will occur virtually/teleconference, unless otherwise specified. Firms that have registered timely will receive participation instructions.
      2. MANDATORY Pre-Proposal Meeting: The pre-proposal meeting is mandatory in order to be eligible to respond to this solicitation. Pre-proposal 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. Fleet Inspection Registration Deadline: Refer to the Timeline section for date, time, location, participation and registration requirements.
      4. Fleet Inspection: The fleet inspection is mandatory in order to be eligible to respond to this solicitation. Offerors' mechanics will have the opportunity to conduct a limited inspection of the entire fleet. The inspection must be conducted on a Sunday, and this is the only opportunity for Offerors to conduct an inspection. No questions will be accepted. Refer to the Timeline section for the date, time, and location, participation, and registration requirements. 
      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. Proposal Submission Deadline: Refer to the Timeline section for the date and time proposals must be received by. Offerors must have an account or create a FREE account with OpenGov Procurement to submit a proposal.
    • Tab 1 - Transmittal Letter

      The Transmittal Letter shall include the name of the offeror, address, telephone number, email address, and point of contact. The Transmittal Letter must be signed by the company official authorized to enter into binding contracts. Any information identified as “Confidential” shall be noted by reference and appended to the Transmittal Letter. Each item identified as “Confidential” shall be accompanied by an explanation. Refer to Section 6.13 – Public Information Act/Confidentiality Notice. Transmittal letter must state that the proposal is valid for one hundred twenty (120) days from the due date for proposals.

    • 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.

    • Governing Law

      This Contract shall be governed by and construed only in accordance with the laws of the State of Maryland.

    • Tab 2 - Executive Summary

      A summary of the proposal stating the Offeror’s understanding of the requested services and highlights of the proposed services.

    • Governing Law

      This Contract shall be governed by and construed only in accordance with the laws of the State of Maryland.

    • Specialized Services

      The Contractor shall provide specialized transportation services according to the guidelines outlined below. Although it is preferred, and will be recommended to the public, that requests for services are made within established time frames for route planning and efficient operations, attempts will be made to accommodate any request for service regardless of when that request is made. This is in keeping with the County’s strong emphasis on customer service. When any request cannot be accommodated, the Contractor’s staff will remind customers of our recommended time frames for trip requests and customers will be assured that attempts were made to meet their request, but that resources were not available to do so. Additionally, the Contractor shall keep a log of all trip denials (for all services) and the reason for denials and shall provide this log to the County monthly with other required reports.

      The names of all passengers must be provided when making reservations for any specialized services Persons other than the patient/passenger and required assistants or guardians will be provided transportation on a space available basis only and will be charged a fare equivalent to the cost of providing the service. The County determines this fare yearly. Staff must be sure to gather all information on the number of passengers and advise passengers of space restrictions on the vehicle as well as the requirement that passengers must provide their own car seats for children and that all children under 4 years old or weighing less than 40 pounds must be secured in a child safety seat. All other passengers are required to wear seat belts. Drivers must be diligent in requiring that all passengers wear seatbelts and ensuring that all children are secured in child safety seats when required.

      When appointments are made for specialized services, Contractor staff must also remind customers that they are to be ready to go any time within a half-hour pick-up window and that the drivers are not able to wait more than five (5) minutes before proceeding to their next pick-up. The Contractor will be required to call all specialized service customers the day before a scheduled trip to remind the customer of the scheduled trip. Trip time cannot exceed 1.5 times the same trip on fixed route transit. The County may require that the Contractor make such calls with a cell phone and provide copies of the call details to the County.

      It is the County’s policy that all persons on a VanGO Public Transit route will be required to use the public transit unless they are physically or mentally unable to do so. Documentation of such conditions may be required and will be confirmed by the County with the professional providing the information. The County will decide as to a person’s eligibility for specialized services based on the information provided.

      Although each service described is administered separately, the Contractor is encouraged to consolidate trips wherever practical and need not separate passengers requiring trips under the different service requirements by vehicle.

    • Option C - Public Transit Services (County Provided Facility & Fuel)

      Offerors shall provide pricing for each item by unit price for Public Transit Operations (hours), Specialized Transportation (trips), and Subscription Services (hours) utilizing a County provided facility and County supplied fuel. The County shall pay the pay for this item at the unit prices specified. Pricing shall be in accordance with Section 8.36

      (May be used in the event the County provides a transit operations facility for use by the Contractor)

    • Offeror Certification of Acceptance

      By submitting a proposal in response to this RFP, the 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 RFP or any Appendices is made part of this solicitation package.

    • Governing Law

      This Contract shall be governed by and construed only in accordance with the laws of the State of Maryland.

    • Pricing Adjustment for Extension Years

      Upon expiration of the base Contract term, rates for contract extensions shall be determined prior to the start of each contract extension year. The unit rate for the contract extension year shall be the current unit price multiplied by the increase or decrease in the Consumer Price Index (CPI) during the previous year. For the purposes of this Contract, the CPI is defined as the Consumer Price Index for all Transportation Services, as published by the United States Department of Labor, Bureau of Labor Statistics. For purposes of adjustment, the CPI used for each contract extension year shall be that published as of January 1 prior to the extension year rates calculated.

    • SLBE Program Preference

      Additionally, this RFP is subject to the Small Local Business Enterprise (SLBE) Program as described herein. Registered SLBE Program Offerors will be provided preferential points assuming the Offeror’s proposal is found to be responsive, responsible, and the Offeror is eligible for award meeting all other award provisions. An additional ten (10) points will be granted to a registered SLBE prime on top of the Proposal evaluation score. Non-SLBE Offerors utilizing a registered SLBE Program business as a sub-Contractor will receive additional points, prorated based upon the percentage of the value of the services to be provided by the SLBE (i.e., SLBE sub-Contractor participation of 50 percent would be awarded an additional five (5) points on top of the Proposal’s evaluation score).

    • Quantity Contracts Awarded

      The County intends to award a contract to one firm. The contract entered into with the successful offeror 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 Offerors desire to submit a single proposal in response to this RFP, they should do so on a prime-subcontractor basis rather than as a joint venture.

    • 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.

    • Incurring Costs

      The County is not liable for any costs incurred by the Offeror prior to full execution of the contract.

    • 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.

    • Tab 3 - Organizational Structure

      Provide a brief description of your firm (and any subcontractors) stating:

      1. Name of firm, business address, telephone number, names of corporate officers, the contact person for this project and title, person(s) with the authority to sign a legally binding contract, and legal status of the organization (profit, non-profit, etc.)
      2. The major functions of the firm.
      3. The firm history including the number of years the firm has been in existence and in transit related work.
      4. The organizational structure of the firm, and the location of satellite offices.
      5. Number of personnel by discipline.
      6. Legal representation.
    • Demand - Response

      This service provides door-to-door general purpose transportation for eligible elderly and disabled persons within Charles County. It provides transportation opportunities for certified senior citizens and disabled that are outside of the ¾ mile ADA zone. Trips shall be scheduled on an advance reservation’s basis (up to 14 days in advance until 5:00 P.M. the day before) and will be based on availability.

      Drivers will aid passengers to enable them to reach the vehicle when necessary but under no circumstances will drivers be required to carry passengers. Assistance may include carrying packages or equipment that weighs less than ten pounds.

      Service is to be provided to passengers within a 30-minute window. Passengers will be expected to be ready to go anytime within the window. The driver must knock on the door of the designated pick-up location. Drivers will wait five minutes after arrival and after knocking, provided they arrive within the 30-minute window. If a customer does not come to the vehicle or answer the door, drivers must receive permission from the dispatcher prior to leaving and must leave a VanGO door hanger as provided by the County.

      Only those persons scheduled for service through the dispatch office will be eligible to ride. (If additional people request service during a pick-up, the Contractor should contact County staff to determine whether service may be provided.) Personal care attendants (PCA) ride for free.

      Only those persons pre-approved by the County will be eligible for Demand-Response transportation. Before scheduling a trip, Contractor staff will check records provided by the County to determine whether a customer has been approved for service. If not approved, the trip will not be scheduled and the customer will be advised to call the County to complete an application for the service or to discuss alternative means of transit, such as the public transit routes if they are available in the customer’s area. The Contractor will help ensure that the fixed- and deviated-fixed routes will be utilized by all passengers who are on a VanGO public transportation route regardless of their eligibility for other services, unless specified by the County.

      Estimated passenger trips, miles, and hours per month.

      Service Type

      Average Passenger

      Trips Per Month

      Average Miles

      Per Month

      Average Hours

      Per Month

      Demand Response

      401

      2,808

      244

    • Bid Bond

      A number percent (#%) Bid Bond from a surety licensed to do business in the State of Maryland and satisfactory to the County shall accompany the proposal or the proposal 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 proposals in a sealed envelope specifying the name of the offeror 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 Offeror have executed the contract, or, if no Offeror’s proposal has been selected within one hundred-twenty (120) consecutive calendar days after the date of the opening of proposals, upon the demand of the Offeror at any time thereafter, as long as the Offeror has not been notified of acceptance of his proposal. The Offeror, 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 Offeror 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.

    • 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.

    • Experience Form

      Offeror shall be required to complete and submit the County provided Experience Form. A qualified Offeror 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. Offerors shall demonstrate their experience on the Experience Form. Offerors shall provide no less than number (#) projects completed within the past number (#) years of equal or greater magnitude, as deemed acceptable by the County at its sole discretion, as specified in Item A below. All blank spaces of the form shall be fully completed in legible ink or typewritten.

      Experience shall be that of the prime contractor unless otherwise specified. Experience of subcontractors may not be used as experience of the prime. The County shall accept experience of subcontractor only in those areas specified otherwise, if applicable. 

      As applicable: On-going service contracts for the services specified may be considered a “Completed” project if the base term of the contract has been fully completed, purchase orders issued and tasks fully completed during the contract term, and the contract renewed by the issuing agency. Each Offeror 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 number (#) completed representative projects that demonstrate the Offeror's experience in all of the following areas:
        1. TBD
        2. TBD
        3. TBD
    • Tab 4 - Financial Status

      The purpose of this section is to establish the Offeror’s financial ability to satisfactorily perform the required work. The Offeror shall include evidence of financial responsibility and the ability to perform the contract to the County’s satisfaction. The awardee resulting from this solicitation may also be required to submit additional evidence, as required, throughout the term of the contract, as determined by the County. The Offeror shall submit at a minimum the following for the prime and each subcontractor:

      Tab Section 4.1 - Provide financial statements to include the last year end income statement and balance sheet.

      This should include an independently audited statement of income and retained earnings statement of cash flow and any other documents that will attest to the financial stability of the firm. This information will be kept strictly confidential.

      Tab Section 4.2 - Evidence of Insurability

      This shall include a copy of a current policy, or letter of insurability from a broker attesting to the firm's insurability for the limits detailed in the scope of work. Please also provide your firm's vehicular loss record for the past five (5) years for all of Offeror’s properties.

      Tab Section 4.3 - Credit References

      Names, addresses, titles, and telephone numbers of a minimum of three (3) credit references, including the Offeror’s principal bank.

    • 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.

    • Evaluation

      Offerors’ proposals will be evaluated by an evaluation committee who will evaluate and score the proposals in accordance with the criteria specified above. The County reserves the right to conduct the evaluation in any manner considered in the best interest of the County. The County may utilize any information obtained as a result of reference checks, proposal clarification or additional information requests, offeror negotiations or any other means deemed necessary at the sole discretion of the County to identify the proposal that best meets the County’s needs.

    • 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.

    • Additions/Modifications to Solicitation Forms

      Modifications of or additions to the Cost Proposal Form or any other County form may be cause for rejection of the proposal, 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 proposal as nonresponsive. As a precondition to proposal acceptance, the County may, in its sole discretion, request that the Offeror withdraw or modify any such modifications or additions which do not affect quality, quantity, price, or delivery.

    • Contract Execution

      The successful Offeror 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.

    • Subscription Routes

      A. Indian Head Senior Center

      Up to 16 ambulatory and 2 wheelchair passengers may subscribe to this service. The County works in conjunction with staff at the Indian Head Senior Center to identify passengers and coordinate scheduling. The designated service area is western Charles County. Residents outside the service area are not eligible for subscription service.

      The route provides service to the Indian Head Senior Center Monday through Friday.

      B. Dialysis/Senior Center Plus Subscriptions

      A minimum of four 10-ambulatory and 4-wheelchair position buses are required to operate this subscription only service which provides transportation to five county dialysis centers and several senior centers throughout the County. The service operates in designated areas of the County on set days, providing service a total of six (6) days per week. Requests for dialysis and senior center transportation will be accommodated based on the provided schedule and customers will be asked to make arrangements accordingly. The County staff approve passengers and establish the basic route.

      C. Estimated passenger trips, miles, and hours per month.

       All Subscription

      Service Area

      Average Passenger Trips Per Month

      Average Miles Per Month

      Average Hours Per Month

      Countywide

      2,360

      13,250

      1,117

      Due to fluctuations in ridership levels and fixed route nature of subscription services, pricing for this component of service will be cost per revenue service hour.

    • 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.

    • 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.

    • Reference Form

      Offeror shall be required to complete and submit the County provided Reference Form. A qualified Offeror 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 ten (10) years at the due date for quote/bid/proposal. Offerors shall demonstrate their experience on the Reference Form. Offerors shall provide no less than five (5) projects completed within the past ten (10) 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 Offeror 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 Offeror's experience in all of the following areas:
        1. Managing transportation services of similar size and operation to VanGO. This includes the operation of public and para transit services, trip scheduling, dispatching, and maintenance of the fleet. 
    • Americans with Disabilities Act (ADA) Service

      The County provides complimentary para-transit service to meet the requirements of the Americans with Disabilities Act (ADA). The Contractor is required to operate ADA service in accordance with all federal and state guidelines. Generally, any individual with a disability who could otherwise access the fixed-route public transit system but is unable to do so because of the disability is to be provided with para-transit service. The County will determine eligibility of such individuals. ADA service is limited to serving those individuals who reside within ¾ of a mile from the designated fixed routes. ADA passengers will be requested to schedule trips in advance; however, the Contractor will be obligated to provide same day response as required under federal regulations. 

      Estimated passenger trips and hours per month.

      Service Type

      Average Passenger Trips Per Month

      Average Miles Per Month

      Average Hours Per Month

      ADA

      2,108

      12,836

      801

      Note: All mileage and service hour values reflected above include non-billable deadhead.

    • Alternate Offers

      Offerors must bid only one (1) product and one (1) price per proposal item even though they feel they can offer more than one item that will meet the specifications. Offeror must determine for themselves which to offer. If an Offeror submits more than one (1) product and/or more than one (1) price for a given proposal item or items, it may be cause for the proposal 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.

    • Tab 5 - Required Plans and Other Information

      Tab Section 5.1 - Plan to Address Scope of Work

      The scope of work details the start-up and on-going tasks required of the Contractor. Offerors must include detailed discussion in their proposals, explaining how they will the scope of work as well as the items below. Describe how your firm will accomplish the reservations, scheduling, and dispatch functions, in accordance with the requirements contained in Part III – Special Provisions.

      Tab Section 5.2 - Staffing Plan

      A. Pay Scales (Bus Operators)

      Proposals shall include discussion regarding the approach to recruiting and the proposed pay scales of bus operators (See Part III, Section 4.10 for additional requirements). Bus operator pay scales shall be included as part of the technical proposal.

      Tab Section 5.3 - Maintenance Plan

      Describe how you will accomplish the requirements identified in Part III, Section 4.18 - Maintenance.

      Tab Section 5.4 - Safety, Security, & Emergency Preparedness Planning

      Describe how you will accomplish the requirements identified in Part III, Section 4.21 - Safety, Security, & Emergency Preparedness Planning.

      Tab Section 5.5 - Implementation Plan

      The Offeror shall address, in great detail, how your firm typically addresses transition/implementation issues and defuses potentially explosive problems, including:

      • Transition of the fleet from outgoing vendor
      • Transition of Trapeze client data
      • Documentation of deferred maintenance and body damage
      • Transition of employees hired from outgoing vendor

      The plan is to include all of the tasks necessary to successfully assume the project and a detailed time line of when critical details will be concluded. This plan should include each detailed step, when it will be implemented and by whom. Particular detail should be given to hiring staff, setting up the reservation and scheduling system, and training staff.

      The following will be specifically required:

      1. Describe in detail your staffing plan during the transition and up through the implementation. To be included in this, detail the types and numbers of staff that will participate and when they will be phased into the project. Supply organizational charts.
      2. Provide resumes and descriptions of the General Manager candidates. The County needs to be assured that the persons proposed for this project are the persons that actually intend to take the job.

      Tab Section 5.6 - On Board GPS Equipment

      The Contractor shall install Zonar GPS equipment on all County owned vehicles for purposes of automated timepoint reporting, automated on time performance reporting summary and communication with TripShot, the publicly accessed GPS data.  Real time data shall be available to County staff for purposes of monitoring. System shall be on line the first day of the Contract.

      Tab Section 5.7 - TripShot

      The Contractor will establish a contract with TripShot for twenty five (25) vehicles prior to the start of the contract. These costs may be passed directly to the County through a separate line on the monthly invoice.

      Tab Section 5.8 - Paratransit Intake and Scheduling

      Pricing proposals should assume that the Contractor will handle para-transit intake calls and will batch schedule rides to create the most efficient routes. At some point during the contract period, the County is considering bringing this function in house, which would reduce the Contractor’s expenses. It is expected that the contract would be open for renegotiation should these events take place.

      Tab Section 5.9 - Paratransit Management and Dispatching Software

      The Contractor shall provide Trapeze software for the management and dispatching of paratransit services. In addition, Contractor shall make access to this system available for three

      (3) County users for purposes of monitoring.

      Tab Section 5.10 – Vehicle Utilization Plan

      The Contractor must provide and maintain a vehicle utilization plan. The plan must also address how the Contractor handles breakdowns of in-service vehicles, including:

      • How the Contractor will address on-board passengers
      • The notification process for potential passengers that will be missed
      • Expectations for service continuance

      Tab Section 5.11 - Mobile Data Terminals (MDT)/Automatic Vehicle Locators (AVL)

      The Contractor shall install MDT and AVL equipment on all paratransit vehicles. Equipment shall be compatible with Contractor’s paratransit scheduling and dispatching software and shall be accessible to authorized County staff. System shall be on line within thirty (30) days of the date of commencement of the contract.

      Tab Section 5.12 - On Board Camera System

      The Contractor shall install Drive Cam or approved equal camera systems on all County owned vehicles. These cameras are mounted on the windshield and shall provide exterior and interior views, sound and be impact and/or driver activated. Camera system shall be operational within thirty (30) days of the date of commencement of the contract.

      The County installs Angel Trax which consists of eight (8) cameras, providing external and internal views.

      Tab Section 5.13 - Collective Bargaining Agreement

      The Contractor shall honor the existing Collective Bargaining Agreement with the International Brotherhood of Teamsters Local 639 and shall negotiate in good faith at the conclusion of each contract period (currently every three years, expiring on June 30, 2028).

      Tab Section 5.14 - Computed Value of Vehicle Fleet for Insurance Purposes

      The Offeror shall submit their estimate of the total value of the County’s vehicle fleet, listing the value for each individual vehicle, based upon Kelly Bluebook values.

    • 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.

    • 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 RFP 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 proposal 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 proposal 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.

    • Default and Suspension

      If an Offeror 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 Offeror 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 Offeror. In the event of such default, award may then be made to another Offeror determined to be in the best interest of the County, or the solicitation may be cancelled and/or re-advertised for proposals 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 Offeror if determined to be in the best interest of the County.

      An Offeror/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 Offeror/Contractor to have defaulted. This determination by the Chief of Purchasing shall be final, and not subject to appeal.

    • Tab 6 - Experience

      Please detail your experience as an operator of rural and urban deviated-fixed route services, demand responsive, and medical assistance services. The Offeror, at a minimum, shall respond to each of the following for the prime and any subcontractors. Provide description of related experience, including:

      Tab Section 6.1 – Representative Projects

      1. Detail the type of work performed, with ridership numbers, productivity measures, types of vehicles, service area size, vehicle maintenance responsibilities and number of service hours.
      2. When the work was performed and any problems associated with the service, and if the contract was not renewed, why?

      Tab Section 6.2 – Terminated Projects

      For all of your firm's transit experience was there ever a contract or service terminated prior to the initially agreed upon date, if so, why?

      Tab Section 6.3 – Labor Management

      Discuss experience managing an organized labor force and labor action at contracts. Response should include corrective action taken and the Offeror’s capability to maintain operations in the event of threatened or actual labor action.

      Tab Section 6.4 – Client List

      Name and address of each client over the past five years, contact name, and telephone number. Indicate whether current or past client.

      Tab Section 6.5 – Resumes of Key Personnel

      Include resumes of key personnel of the firm including the General Manager, Operations Manager, Safety Manager, and Maintenance Manager.

    • Administrative Requirements - General Information

      This work is funded at approximately 50% by the Federal Transit Administration (FTA). The Maryland Transit Administration (MTA) acts on behalf of the FTA, and provides monitoring and oversight of the work.

      The Contractor shall provide the operational management of VanGO which includes but is not limited to day-to-day operation, maintenance management, receiving and scheduling transportation requests, collecting fares, responding to customer information and requests, recommending routes and schedules and preparing notification to customers concerning VanGO services (such as route revisions).

      The Contractor will be required to establish at least four (4) dedicated telephone lines with the current exchange of 301-609-7917 offering the opportunity for all county residents to call without charge. The Contractor is responsible for all telephone expenses. At contract end the telephone number will be considered the property of the County and shall not be used by the Contractor thereafter.

      This telephone number will be advertised as the VanGO service number. The Contractor will receive requests and schedule trips and provide general information to callers regarding services as well as specific schedules and fare information.

      The Contractor shall provide telephone coverage from 4:30 A.M. – 11:00 P.M., Monday through Saturday. A system for providing general information to callers must be established for all non-business hours. In addition, a system must be in place to accommodate persons with disabilities (e.g., TTY, TTD).

    • 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.

    • "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. Proposals on other makes and/or models will be considered provided in the Cost Proposal Form what is being proposed and forwards with the proposal 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”.

    • 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.

    • 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.

    • PLACEHOLDER - DBE???Minority and Women- Owned Business Enterprise (MWBE) Program - MWBE Compliance Plan Forms

      This form shall be completed in legible ink or typewritten and signed. Proposals submitted without a MWBE compliance form may be rejected as non-responsive by the County.  

      Offerors can contact the Economic Development Department by email at mwbe@meetcharlescounty.com for questions related to the County's MWBE program. 

    • 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.

    • Offeror/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 Offeror's proposal, notification of removal of Offeror 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” Offerors.
        3. If Offeror 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 Offeror, 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 an Offeror that is “aggrieved” is eligible to file a protest. Aggrieved means that the Offeror who is filing the protest is susceptible for an award of the contract if the protest is sustained (e.g., a fourth ranked Offeror is not aggrieved unless the grounds for a protest, if sustained, would disqualify the top three ranked Offerors 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 Offeror; a statement supporting that the Offeror 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 Offeror 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 Offeror 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 Offeror 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.

    • Tab 7 - Other Factors Pertaining to Qualifications

      In this section, please describe any other reasons why your firm should be selected.

        1. Address your firm's success in improving productivity while maintaining quality.
        2. Innovation is important, please describe any innovative approaches used by your firm.
        3. Other reasons to select your firm.
    • 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.

    • 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.

    • Payment Terms

      Payments will be based on a fixed revenue vehicle-hour (RVH) rate for public transit, a per passenger trip rate for specialized demand response services, a fixed revenue vehicle-hour rate for out of county medical trips and a fixed revenue vehicle–hourly rate for subscription services. Additional hours of service due to delays, vehicle breakdowns, and other matters outside of the County's control are the responsibility of the Contractor. Additional hours of service will only be paid when pre-approved by the County.

      The Contractor shall invoice the County for services monthly. Invoices will not be paid until all required program and financial reports, and and/or other deliverables have been received and determined to be complete and accurate.

    • Offeror Investigation

      Prior to submitting a proposal, each Offeror 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 Offeror 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 Offeror 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 Offeror.

    • 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.

    • Deviations from Scheduled Operations

      A. Holidays

      VanGO will not operate on the following holidays:

      1. Thanksgiving Day
      2. Christmas Day
      3. Memorial Day (Observed)
      4. Independence Day
      5. Labor Day
      6. New Year’s Day

      Note: From year to year there may be adjustments to holidays not operated, at the discretion of the County.

      B. Limited-Service Days

      Specialized transportation services to specific nutrition sites/senior centers will not be provided when County Government offices or sites/centers are closed. These days include:

      1. Martin Luther King's Birthday
      2. Washington's Birthday
      3. Good Friday
      4. Columbus Day
      5. Veteran's Day
      6. Thanksgiving Day and the following day

      Note: Periodically there may be adjustments to limited-service days at the discretion of the County.

      Current sites include the Richard R. Clark Senior Center in La Plata, the Waldorf Senior Center and Recreational Center, the Indian Head Senior Center in Indian Head, and the Nanjemoy Community Center in Nanjemoy. Limited-service days apply only to Senior Centers and do not affect other operations.

      C. Inclement Weather Conditions

      The Charles County Transportation Service will not operate when conditions are deemed unsafe for driving, as determined by the Contractor in consultation with the County. The Contractor will make recommendations to the County based on the Contractor's perception of road conditions. In making the decision to delay or cancel services, every effort will be made by the County to do so prior to the drivers' scheduled departure times.

      County Senior Centers follow the County Government for inclement weather cancellations.

    • 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.

    • Proposed 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.

    • 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.

    • 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.

    • 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.

    • 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 Offerors and Charles County Government shall be with the Purchasing Representative until a fully executed contract is delivered to the Contractor. Offerors 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.

    • Two-Way Radio Communication

      The Contractor is required to have two-way radio communication between vehicles and the base station. The County will provide to the Contractor access to the county’s two-way radio frequency. The Contractor will be responsible for procuring necessary/compatible equipment for all vehicles. The County may lease such equipment, if available, to the Contractor.

    • 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 an Offeror 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 offerors following this solicitation on the County's eProcurement Portal. The County will not provide responses to questions submitted 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.

    • 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.

    • Non-Collusion Affidavit Form

      This form shall be completed in legible ink or typewritten, signed, and notarized.

    • 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.

    • 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.

    • 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.

    • 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.

    • 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.

    • 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.

    • Cannibalization

      Cannibalization of parts from out of service vehicles will not be permitted without the express written approval of the County. The County carefully monitors maintenance, and any instances of unauthorized cannibalization carry penalties (refer to Section 8.32 - Performance Standards).

    • 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.

    • 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.

    • 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 Offeror to make an adequate interpretation of the provisions of this solicitation, a supplement to the solicitation will be issued. The Offeror shall acknowledge in their proposal, 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 proposal due date/time shall become a part of the contract documents and shall be covered in the Offeror’s proposal prices, unless an alternate schedule is presented by addendum. It is the responsibility of the Offeror to check the County's eProcurement Portal as frequently as necessary to obtain all updates and addenda to the solicitation.

    • Addendum Certification

      Offerors shall be required to acknowledge the addenda when responding to this request for proposals.

    • 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.

    • Major Equipment Schedule

      Offerors shall be required to download, complete and submit the Major Equipment Schedule Form. It is understood and agreed that, if awarded a Contract, the Offeror shall not make any additions, deletions or substitutions to this certified list without the consent of the Owner. 

    • 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.

    • Ability to Perform

      Offeror 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 Offeror, and validate any information provided by an Offeror by any means deemed necessary by the County for the purpose of determining the Offeror’s ability to perform the services described herein.

    • 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.

    • Facilities

      The Contractor will be required to procure its own office and maintenance facilities and to provide suitable workspace for county staff – including at least one desk, chair, phone and active extension – at the office location. The office and grounds must be suitable to provide adequate space for office workers, drivers report in area, fleet maintenance, washing, fleet parking and employee parking. Employee and general parking must be separated from fleet parking. The parking areas, including fleet parking must be paved; gravel is not acceptable.

      If applicable, in the event the County constructs a County-owned VanGo Operations facility, the Contractor shall perform all maintenance and management operations from this facility. In such event, the County may elect to utilize Option B - Public Transit Services (County Provided Facility/No County Provided Fuel) or Option C - Public Transit Services (County Provided Facility & Fuel) of the Cost Proposal Form 

    • 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.

    • News Release

      No news releases pertaining to this proposal request or the service, study, or project to which it relates will be made without County approval.

    • 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.

    • 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.

    • Lobbying Restrictions

      This form shall be completed in legible ink or typewritten and signed.

    • 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.

    • 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.

    • Staffing

      The Contractor must ensure that adequate, appropriate staff exist to fully implement all services simultaneously and without interruption, including staffing enough on-call or “extra board” drivers. Additionally, the Contractor must ensure that a manager is available on-site daily Monday through Saturday during all hours of operation to properly address any issues that may arise.

       The Contractor is responsible for employment and supervision of all employees needed to perform the services provided for herein. Such responsibilities shall include employee recruitment, screening, selection, training, supervision, employee relations, evaluations, retraining and termination. The County shall not interfere with management of Contractor's normal internal business affairs and shall not attempt to directly discipline or terminate Contractor's employees. However, the County will advise Contractor of any employee's inadequate performance which has a negative effect on the service being provided. Any Contractor employee determined by the County to be unacceptable must be removed from VanGO operations within ten (10) days – or sooner if determined necessary by the County – of the County’s written notification to the Contractor.

      In the hiring process, the Contractor will seek experienced managers, dispatchers, reservation staff, mechanics and bus operators.

      The Project Manager shall have the absolute right to deduct from payments to the Contractor, the salary cost of any vacant positions, whether required herein or established by practice.

    • Public Information Act/Confidentiality Notice

      Offeror should give specific attention and identification of those specific portions of their proposals 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. Offerors 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.

    • 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.

    • Errors

      Any errors in computations may be corrected during the County’s review of the proposal. The County shall not be responsible for Offeror computation errors contained on the Cost Proposal Form. All values contained on the Cost Proposal Form remain the responsibility of the Offeror. 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 Offeror.

    • County Rights/Disclaimers

      The County exclusively reserves the right, but is not limited to the following actions:

      1. Reject any or all proposal submissions;
      2. Issue a new RFP;
      3. Cancel, modify, or withdraw the RFP;
      4. Issue addenda, supplements, and modifications to this RFP;
      5. Modify the RFP process (with appropriate notice to offerors as described herein);
      6. Appoint an Evaluation Committee and evaluation teams to review proposal submissions,
      7. Approve or disapprove the use of particular subcontractors and/or substitutions and/or changes in proposal submissions;
      8. Revise and modify, at any time before the Proposal Due to County date, the factors it will consider in evaluating proposal 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 RFP 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 RFPs;
      10. Disqualify any team that changes its Proposal Submission without County written approval;
      11. Retain ownership of all materials submitted in hard-copy and/or electronic format.
    • 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.

    • 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.

    • Management Staff

      The Contractor shall provide the services of a General Manager or designated manager who will be on site and will have the responsibility for the daily operation of the service. The General Manager must have a minimum of five (5) years of experience in managing transportation services like that provided pursuant to this RFP. In the absence of the General Manager, a designated manager shall be fully responsible for the performance of Contractor duties and shall be authorized to take all necessary actions on behalf of the Contractor regarding management of services. The Contractor must ensure that either the General Manager or the designated backup manager always be available locally. The General Manager or designated manager will not assume other positions within the system, such as an operator, for any reason but will remain available to the County at all times as manager of the operation. There will be a manager with the authority to make decisions, on duty at any time there are buses on the road.

      The Contractor shall submit resumes of selected candidates or current employees for General Manager, Maintenance Manager and Back-up General Manager to the County prior to the Contract beginning. The County will participate in the interview of candidates and make recommendations of an acceptable candidate. Any candidate deemed unacceptable by the County will not be considered for employment.

      If the General Manager or another key manager responsible for service is relocated, terminates employment, or otherwise becomes unavailable to the Contractor, the Contractor immediately shall reassign another company manager to serve as General Manager until the position is re-staffed. Additionally, the Contractor shall submit the resume of a replacement candidate to the County. If the candidate is unacceptable to the County, the Contractor shall seek another candidate for the position, again subject to County approval. The County will again participate in the interview of candidates and make recommendations. Any candidate deemed unacceptable by the County will not be considered for employment.

      Competitive pay for employees is critical to the success of the Contractor. For this reason, the County strongly encourages that all positions have a salary range that will ensure the attraction of experienced staff, minimally commensurate with that of similar systems in similar geographic areas.

      The County reserves the right to approve any changes to management staff prior to their being hired by the Contractor throughout the life of this contract.

      In developing a staffing plan, emphasis should be placed on hiring persons with local service experience. That is, persons familiar with the County. Drivers and staff currently working with or who have worked with the system in the past may be hired with County approval only. The Contractor must submit a list of current employees they plan to retain under the new contract for the County’s review. Care must be taken to ensure that existing operations are not damaged.

    • 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.

    • 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.

    • Composition

      If the CONSULTANT hereunder is comprised of more than one legal entity, each entity shall be jointly and severally liable hereunder.

    • Road Supervisor

      The Contractor shall ensure that a minimum of two (2) road supervisors always be present that revenue service vehicles are in operation. Road Supervisors will be responsible for monitoring routes, responding to accidents or incidents, customer service, etc.

    • 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.

    • 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 offerors.
      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 offeror.
      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 proposals, to waive irregularities and/or informalities in any proposal, and to make award in any manner, consistent with law, deemed in the best interest of the County.

    • 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.

    • 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))

      Refer to Section 8.9 - Deviations from Scheduled Operations.

    • Good Standing Requirements

      In order to be eligible for award, Offerors 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.
    • 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.

    • 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.

    • 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.

    • 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.

    • Bus Operators

      Operators can be the most important component of a successful transit operation. The Contractor should establish operator pay scales that are competitive and attract quality applicants and retain quality employees for these positions. The County strongly encourages the establishment of pay scales consistent with the region.

    • Cooperative Purchasing

      Pursuant to their own governing laws, and subject to the agreement of the Contractor, governmental entities that are not Customers may make purchases under the terms and conditions contained herein, if agreed to by the Contractor. Such purchases are independent of the Contract between the Department and the Contractor, and the Department is not a party to these transactions. The Mid-Atlantic Purchasing Team Cooperative Ride Clause is hereby incorporated into this solicitation. Refer to the County’s Website at: https://www.charlescountymd.gov/home/showpublisheddocument/15127/638182853727870000

    • 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.

    • 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.

    • 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.

    • 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 proposal from such an individual or entity will be rejected.

      The following is a list of consultant(s) and/or sub-consultant(s) that have received monetary compensation under a contract with the County as the prime consultant to develop this Request for Proposals and have been retained by the County to perform the services on the behalf of the County for this procurement. 

      • INSERT COMPANY NAME HERE

      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.

    • Minimum Staffing Requirements

      In addition to the above staffing, the Contractor shall ensure that at a minimum the following employees are in place:

      1. One maintenance manager. This may be a working manager who also performs hands-on mechanical service.
      2. A minimum of two (2) dispatchers whenever both fixed route and paratransit operations are in service. These personnel will provide telephone information to the public and field “where’s my ride” calls.
      3. A minimum of one (1) operations manager is required.
      4. A minimum of one (1) qualified maintenance technician per eight (8) revenue service vehicles consistent with industry standards. As of the contract startup, this will require five (5) technicians. A minimum of 75% must be ASE certified with the goal of obtaining Blue Seal certification.
      5. One (1) safety/training manager.
      6. A minimum of two (2) utility workers to be assigned to bus cleaning and fueling.
    • 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.

    • Uniform Set of Policies and Procedures

      The Contractor will be required to develop a full set of policies and procedures – including issues designated by the County – for all staff involved in the program. These policies and procedures will be subject to the County's review.

      1. Establish and implement policies and procedures for all operations staff including drivers, office staff, managers, and mechanics.
      2. Establish and implement drug and alcohol testing procedures for the service program that are fully compatible with local, State, and Federal Transit Administration regulations. The successful offeror must submit a Substance Abuse Plan to the County which meets all requirements of the Federal Transit Administration and must substantiate that the plan has received FTA approval or otherwise meets FTA requirements.
      3. Work with the County to produce a Maintenance Plan that is acceptable to the Maryland Transit Administration. This document shall be delivered to the County within three (3) months of the date of commencement of the contract.
      4. Work with the County to produce an EEO Plan that is acceptable to the Maryland Transit Administration. This document shall be delivered to the County within three (3) months of months of the date of commencement of the contract.
      5. Work with the County to produce a Safety Management System (SMS) plan that is acceptable to the Maryland Transit Administration and Federal Transit Administration. Offerors should be aware that the Federal Transit Administration is placing great emphasis on the SMS process.
      6. Work with the County on any other plans and documents that may be required from time to time by regulatory or oversight agencies.
    • 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.

    • 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.

    • 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.

    • Notifications

      Legal notice given by the County to the Offeror shall be sent to the Offeror's contact information provided in the County's eProcurement Portal. Notice given by the County by any of the following:

      1. 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.
      2. A communication delivered by email shall be deemed as having received by the addressee the same day the email was sent.
    • 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.

    • 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:
        1. Books
          1. Name of author or authors, editors, or institution responsible for writing the book.
          2. Full title of book (including subtitle if there is one).
          3. Series name and number (if applicable).
          4. Volume number (if any).
          5. Edition (if not the original).
          6. City of publication.
          7. Publisher's name.
          8. Date of publication.
        2. Articles of Periodicals.
          1. Name of author.
          2. Title of article.
          3. Name of periodical.
          4. Volume number.
          5. Date of article.
          6. Pages occupied by article.
    • 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 Offeror.

    • 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.

    • Personnel Training/ Qualifications

      The Contractor will be responsible for training all office staff and personnel who will carry out the responsibilities of operating service vehicles. All vehicles must be operated by certified, qualified, and appropriately licensed and trained drivers. All drivers must be licensed and have appropriate endorsements for all vehicles planned to be used in VanGO service.

      The Contractor will develop a full driver, reservation/scheduler, and dispatch training program, using generally accepted approaches used in the industry. The Contractor will be responsible for paying the drivers for their time in training and ensuring that the drivers attend the training. The Contractor will be responsible for (but not limited to) the following training:

      1. Customer service & County expectations
      2. Comprehensive public transit route detail for all routes
      3. Defensive driving
      4. Emergency procedures
      5. System safety and security
      6. First Aid and CPR
      7. Passenger assistance methods (including proper operation of all lifts/mobility aid tie-downs)
      8. On board training
      9. The proper operation of the two-way radio system
      10. Daily vehicle inspections

      All drivers will be required to complete all training and one (1) week of on-board training prior to transporting passengers. All drivers must be able to speak, read, and write English clearly.

      Drivers will not be permitted in revenue service until they have satisfactorily completed all required training and have demonstrated their understanding of their responsibilities. A waiver of some or all of the training requirements will be permitted for all current drivers who have been trained, as described above, and in service for six (6) consecutive months. The County strongly encourages the hiring of current experienced drivers.

      Although the Contractor is responsible for all training, the County will participate specifically in the training regarding Customer Service & County expectations and specific route training, which is to occur for all new hires as well as be included in the refresher training. The Contractor must coordinate with the County regarding the scheduling and content of these trainings.

      Refresher training will be required for all drivers on a bi-annual basis and on an as needed basis.

      The Contractor will provide to the County certification by employee of any trainings completed, including the initially required training. The County will ensure confidentiality of all records.

    • 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.

      Contract Year:                        One                 Two                 Three               Option Years

      Bonds Amount (Per bond):     100%               75%                   50%                      50%

    • 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.

    • Reservations, Scheduling, and Dispatching

      The Contractor shall be responsible for all reservation, scheduling, and dispatch functions, which are all to be performed at the same location. This includes adhering to all ADA service criteria requirements and VanGO service parameters. These functions will be accomplished with an automated industry recognized automation system.

      All calls must be answered in a timely manner, using enough personnel to ensure that passengers are not put on hold on a regular basis.

      The Contractor staff must be able to communicate effectively with all passengers in an accessible format. A telecommunications device – or access to one – for the deaf (TDD) will be required.

      Passenger pickup time (within the 30-minute pickup window, 15 minutes before and 15 minutes after the scheduled time for all para transit trips). Appointments will be confirmed while the passenger is on the telephone. The Contractor must ensure that this process does not take an extended period. The Contractor must ensure that the staff performing these functions have the knowledge and skills necessary to take reservations and schedule trips.

      Specialized Services clients will be called the day before their scheduled trips to remind them of their trip and their pick-up time. The calls will be made after 5:00 P.M. each day. Documentation will be kept verifying what calls were made and the outcome. These logs will be provided to the County monthly, along with data reports. These calls must be completed through an automated call system.

      High productivity without compromising service quality is considered extremely important to the County. To help achieve this, performance measures have been developed and are outlined in subsequent pages of this document.

      The Contractor will be required to plan driver and vehicle schedules to maximize performance and productivity.

      The Contractor must ensure that maximum trip grouping is achieved in order to realize the highest possible operating efficiency. The County will work closely with the Contractor to develop strategies for managing demand.

      Dispatchers will manage the work of drivers while on the road. It will be the responsibility of the Contractor to ensure this control. Quality dispatchers are critical to the success of this service.

      Courtesy and quality service are of the utmost importance in this program. The Contractor must have in place policies, supervision, and training programs to ensure this level of service quality.

    • 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.

    • 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.

    • 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.

    • 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.

    • Operating Records

      The Contractor shall be responsible for providing computers and software to meet all reporting, scheduling and dispatching requirements. If the MTA shall designate specific software and hardware to be used for Locally Operated Transit Systems, the Contractor shall convert over to the new system at their own expense and use the required hardware and software within sixty (60) days of the equipment being delivered/provided/made available to the Contractor.

      The Contractor shall maintain complete computerized operating records for the duration of this Contract, including, but not limited to, the following:

      1. Telephone/dispatch logs showing the time the call was received, the name and address of the passenger, and the promised and actual pick-up times.
      2. A vehicle log showing vehicle pull-out and pull-in times, driver breaks, and total revenue vehicle hours, deadhead hours, fuel usage, and revenue mileage and deadhead mileage for each vehicle by day.
      3. A daily computerized trip sheet for each driver filled out completely and correctly.
      4. Complete records of passengers transported, hours and miles of service and fares collected, by route, by day, by month, and by year for each service.
      5. A complete record of all accidents and incidents involving a vehicle that is in service.
      6. All other reports as may be required by the County, including any financial reports required to comply with National Transit Database (NTD) reporting.
      7. Vehicle cleaning records.
      8. Drive cam-initiated records. Contractor shall maintain an on-going log of drive cam clips for the duration of the contract.

      All passenger trip records shall be available to the County for immediate inspection upon request. The Contractor shall submit electronically to the County on or before the 10th day of each month, a report showing the number of revenue vehicle hours, revenue vehicle miles, on-time performance, passenger trips, no-shows, cancellations, road calls, accidents, number of calls received, number of trip requests received, daily and weekly driver sheets, trip denials, fares and tickets collected and books sold by route and service, a report showing name, address, medical assistance number (if applicable) and telephone number of passengers on demand response and medical assistance separated by service type.

    • 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.

    • Prevailing Wage

      Option 1

      All County financed construction projects exceeding $500,000 are subjected to the prevailing wages rates. Additional prevailing wage are required for mechanical services contracts, including electrical work for any services valued over $2,500.00. The wage determination active on the date the Notice to Proceed is issued shall apply to the project. 

      Option 2

      If notified by the County, this work may be subject to prevailing wage rates for services specified in accordance with the most current version of Chapter 228, Article I of the Charles County Code. Wage determination active on the date the bid provided is issued may apply to task order services awarded as a result of any contract. The County shall notify the bidder if prevailing wage shall apply to services specified at the time of bid.

      Option 3

      All County financed construction projects exceeding $500,000 are subjected to the prevailing wages rates as outlined in this solicitation. The prevailing wage rates provided in the document are subject to change. The wage determination active on the date the Notice to Proceed is issued shall apply to the project.

    • 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.

    • 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.

    • 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.

    • Fleet Management - Vehicles

      The Contractor will maintain all revenue vehicles, a two-way radio system and all on-board cameras for use in service. The Contractor will be required to provide a high-quality, local maintenance facility, and program.

      The Contractor will also be required to provide drive cam (or approved equal), Global Positioning System (GPS), Mobil Data Terminal (MDT) and Automatic Vehicle Locator (AVL) equipment, and any other items not currently on vehicles that the County determines necessary to adequately equip and identify the vehicles for service. Vehicles that are used exclusively for specialized services may be exempt from some of these requirements; however, those vehicles would then be excluded from operating any public transit routes if not appropriately equipped.

      The County owned fleet is included as Appendix B - Fleet Vehicle List. Vehicles are leased to the Contractor for $1 per year for each vehicle, to be deducted each July from the Contractor’s invoice.

      All vehicles used in service for fixed, deviated-fixed, and ADA specialized services must be lift-equipped. Additionally, lift-equipped vehicles must be used to accommodate subscription services, specialized services, and special event transportation as needed.

      All vehicles are equipped for radio/dispatch communications on the County’s 800mhz system. The County will coordinate with the Contractor to install such radio equipment as units are replaced.

      The Contractor must provide and maintain a vehicle utilization plan. The plan must also address how the Contractor handles breakdowns of in-service vehicles, including:

      1. How the Contractor will address on-board passengers
      2. The notification process for potential passengers that will be missed
      3. Expectations for service continuance

      The Contractor will be responsible for any loss or damage to vehicles, vehicle signage, and route signs. The provision of all support vehicles, service trucks, etc. are the responsibility of the Contractor.

      If applicable, in the event the County constructs a County-owned VanGo Operations facility, the Contractor shall perform all maintenance and management operations from this facility. In such even, the County may elect to utilize Option B - Public Transit Services (County Provided Facility/No County Provided Fuel) or Option C - Public Transit Services (County Provided Facility & Fuel) of the Cost Proposal Form.

    • 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.

    • 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.

       

       

    • 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.

    • Maintenance

      All maintenance must be performed in accordance with industry accepted procedures and the manufacturer’s recommendations. Preventive maintenance efforts will be monitored by the County and must adhere to the manufacturer’s requirements. Specific emphasis on safety is required. Maintenance is the sole responsibility of the Contractor and will be performed by mechanics licensed under all applicable state and local standards. The Contractor will provide monthly reports on each vehicle detailing at what mileage preventive maintenance is due for each vehicle, the vehicle’s current mileage, and when preventive maintenance was last completed (date and mileage). The Contractor will be responsible for all maintenance of the fleet and fleet components such as but not limited to, bike racks, camera systems, Zonar GPS equipment, etc. The Contractor will also provide the following fleet maintenance reports monthly for all vehicles that includes:

      1. Road call report
      2. Vehicle cleaning reports
      3. Repair orders
      4. Vehicle repair records
      5. Fleet inventory
      6. Mileage reports

      The Contractor will develop all forms and procedures to properly track maintenance and files for each vehicle. At a minimum the file for each vehicle will include:

      1. Vehicle identification number, license number, and funding source.
      2. Vehicle maintenance and repair history, including description of maintenance and repair performance, all work orders for each vehicle, vendor or facility doing the work, cost, date, and mileage.
      3. Vehicle equipment check log verifying that special equipment, including but not limited to wheelchair lifts. Wheelchair cycling numbers at the beginning and end of check must be recorded. All items checked according to the manufacturer's suggested schedule or semi-annually, whichever comes first.
      4. Documentation that preventative maintenance was performed according to the schedule established by the Contractor and approved by the County.
      5. Vehicle maintenance requests submitted by drivers, including what action taken and when.
      6. Vehicle pre-trip inspection log, signed by driver.
      7. Fuel and fluid usage by month.

      The Contractor must provide an adequate timeline for all repairs to ensure an acceptable supply of vehicles is available to operate service.

      It is the goal of the County to replace buses as close to the FTA defined useful life. This is currently six (6) years and/or 200,000 miles for light duty and ten (10) years and/or 350,000 miles for medium duty buses. Generally, the mileage threshold is exceeded before reaching the age threshold. Despite making efforts, it is not unusual to exceed the mileage parameters before replacement buses are procured. Accordingly, the Contractor should assume at some point in the life of a bus, a powertrain replacement will be necessary and reflect that in their costs. All maintenance, including powertrain component replacement, is the responsibility of the Contractor.

      Body damage shall be repaired in a timely manner and is the responsibility of the Contractor. If body damage includes defacement of County logos or branding, or advertisement installed on a bus, it is the responsibility of the Contractor to replace that as well, to its original appearance. Body work performed on site must be compliant will all applicable Environmental Protection Agency (EPA) and Maryland Department of the Environment (MDE) laws.

      The Contractor will be responsible for maintenance and management of the on-board camera and audio system. Management means downloading and storage of data for future uses.

      Each quarter, the County will conduct vehicle inspections of a minimum of 25% of the fleet either by County staff or an independent vendor. Upon completion of inspections the Contractor will be provided with written documentation of the findings. The Contractor will have thirty (30) days to make repairs/corrections to any deficiencies noted.

      Other than very minor corrective actions, the Contractor may not perform maintenance procedures in the field unless authorized by the County.

      The Contractor should never miss a vehicle revenue run due to a maintenance problem.

    • 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.

    • 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.

    • Cleaning

      Daily, every bus in operation will have interior cleaning (windows, seats, floors) and all trash removed. At least weekly, every bus will have an exterior wash. Under no circumstances will a hose with free-flowing water be used to clean interior floors. In the past, exterior washing has typically been subcontracted. Exterior washing must be compliant with all applicable Environmental Protection Agency (EPA) and Maryland Department of the Environment (MDE) regulations.

    • 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.

    • 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

    • Safety, Risk Management, and Insurance

      Safety and risk management functions are considered by the County to be essential to the system's success. The Contractor will be responsible for oversight of risk management functions, including training.

      8.25.1 Insurance

      The Contractor shall be required to purchase and maintain, during the life of the contract, Worker's Compensation, Comprehensive General Liability, Automobile Liability, Uninsured/ Underinsured Motorist, Collision and Comprehensive and Medical Payments, Insurance with limits of not less than those set forth below:

      A. Comprehensive General Liability (including Contractual Liability and Independent Contractors)

      Bodily Injury Liability:

      Each Person

      $5,000,000

      Bodily Injury Liability:

      Each Accident

      $15,000,000

      Property Damage Liability:

      Each Accident

      $5,000,000

      B. Automobile Liability

      Bodily Injury Liability:

      Each Person

      $5,000,000

      Bodily Injury Liability:

      Each Accident

      $15,000,000

      Property Damage Liability:

      Each Accident

      $5,000,000

      Property Damage Liability: 

      Or Combined Single Limit

      $15,000,000

      C. Uninsured/Underinsured Motorist      $1,000,000

      D. Collision and Comprehensive            Kelly Bluebook Value of Fleet

      E. Medical Payments                              Each Person                 $10,000

          1.  

      Failure to provide and continue in force such insurance as required above shall be deemed a material breach of the contract and shall operate as an immediate termination thereof.

      The successful offeror shall provide the County with Certificates of Insurance evidencing the coverage required above. Such certificates shall name County Commissioners of Charles County (or other name as directed by the County) as additional insured and shall provide that the County be given at least ninety (90) days prior written notice of any cancellation of intention to not renew, or material change in such coverage. Successful offeror must provide Certificates of Insurance within thirty (30) days of receipt of the Notice of Award. The providing of any insurance required herein does not relieve the successful offeror of any of the responsibilities or obligations assumed by the offeror in the contract awarded or for which the offeror may be liable by law or otherwise.

      8.25.2 Accident and Incident Investigation

      Accident and incident investigation is a critical component of successful risk management. The Contractor will be required to develop the forms, and policies and procedures for accident investigation. The Contractor will report all incidents and vehicle accidents to the County immediately upon occurrence. Those situations where a person, because of an accident or incident, is hurt, and all accidents involving significant damage to a vehicle must be reported to the designated County staff person verbally, immediately after the occurrence. Accident reports will be completed correctly and submitted to the County by the close of the next business day with the preliminary results of the follow up investigation.

      Contractor staff responsible for accident investigations must be trained in and knowledgeable of post-accident drug and alcohol testing requirements as required by Department of Transportation (DOT) regulations.

      In addition to its own reports to be submitted to the County, the Contractor will be required to submit information pertaining to accidents and incidents on County forms as well as NTD forms.

    • 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

    • 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.

    • 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.

    • Safety, Security, and Emergency Preparedness Planning

      The Contractor is required to work with the County to prepare, maintain, and update a Threat & Vulnerability Assessment and a Safety, Security, & Emergency Preparedness Plan, as well as participate in county-wide emergency preparedness as appropriate.

    • Other Operational Requirements - Uniforms

      Drivers should be neat in appearance and always be in uniform while in service or otherwise on duty. Driver uniforms shall be provided by the Contractor. The uniform will be determined by the county and will include shirt, pants and hat (hat is optional for employee). The uniform consists of a red polo shirt (or other shirt upon approval of the County) and black pants with an optional black VanGO hat. Only VanGO hats are allowed. During winter, a red sweatshirt with the VanGO logo or black jacket with the VanGO logo and a black knit hat with the VanGO logo is permitted. Shoes shall be black safety shoes.

      All shirts are required to have the VanGO logo embroidered on the left breast; all hats are required to have the VanGO logo embroidered on the front center. The design must be approved by the County in advance. No jeans are allowed. Drivers are required to maintain a neat and clean appearance while on duty. Permanent name tags will be always worn by drivers and will be provided by the Contractor.

      The uniform standard is subject to change at the County’s discretion and the Contractor will be required to comply. Additionally, the County may grant individual variances to the uniform code to address religious or other issues. Any variance, however, must be pre-approved by the County.

      The Contractor should keep a supply of uniforms in various sizes in stock at all times so that all employees, including new drivers, will always be in the required uniform.

    • 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.

    • Courtesy

      All staff must be courteous, professional, and friendly. Management must fully understand the need for quality and friendly service.

      All drivers will be required to greet all passengers by saying “hello” or “hi” as they board the vehicles. A more detailed pleasant greeting may be extended if the driver so desires but, at a minimum, the passenger must be greeted with the above.

    • 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.

    • Advertising on Vehicles

      The County does not currently have an advertising program, but if put in place, the Contractor shall work with the advertising contractor as directed by the County to ensure timely placement or removal of advertisements on the vehicles.

    • 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.

    • Coordination with the County

      The Contractor will be required to procure its own office and maintenance facilities and to provide suitable workspace for county staff – including at least one desk, chair, phone and active extension – at the office location.

      The General Manager and County staff will meet at least weekly to review operational issues and discuss service planning.

      The County will conduct periodic meetings that include Contractor staff (managers, drivers, dispatchers) and the County to facilitate discussion of service requirements.

    • 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.

    • 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.

    • Advertising

      No signs or advertisements shall be displayed on the work site except with the prior approval of the CONTRACTING OFFICER.

    • System Planning

      Although the County is responsible for the planning and administration of the transportation program, the Contractor is required to assist in the development and timing of new routes or revisions to existing services, as directed/requested by the County.

    • 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.

    • 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.

    • Performance Standards

      The County will institute several penalties based on system performance standards. The performance standards are listed below. Please note that penalties may be lifted during times of extreme weather conditions that may inhibit the ability to perform up to standard.

      Penalties will be implemented effective immediately but are subject to review and negotiation after the sixth month of the Contract, based on performance at that time and the expectations for improvement. Performance standards below may be adjusted. The measures will be adjusted, when necessary, by the County with the agreement of the Contractor.

    • 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.

    • System Performance Standards: Penalties

      A. Valid complaints and violations combined should not exceed one (1) per month.

      Valid complaints (regarding any aspect of the service) will be verified and determined by the County staff designated for that role. This will be calculated monthly. The County will make the final determination as to the validity of complaints. The Contractor will have the opportunity to respond to such complaints before the implementation of fines. However, the final determination shall rest with the County.

      Penalty: There will be a penalty of $50 for the first two complaints received per month. Each additional complaint will result in a penalty of $200 each.

      Penalty: Complaints regarding office staff or drivers being rude to customers will result in stiffer penalties of $300 per complaint. Such complaints are separate from the other complaints listed above.

      B. Incidents where the Contractor does not comply with the terms of the Contract or does not comply or adhere to requests from the County regarding any aspect of service, and which do not fall into other penalty categories described herein, will result in penalties as outlined below.

      Penalty: Minor Infractions (incorrect route sign, driver out of uniform, , inaccurate reporting, stop requests,, GPS, MDT, Drive Cam not operating, non-designated driver, torn seats, etc.) will result in a $200 penalty per item per day.

      Penalty: Major Infractions (using the wrong sized vehicle for a route, combining routes, wheelchair lift not operating, intentionally inaccurate reporting, etc.) will result in a $400 penalty per item per day.

      The County will determine what constitutes minor and major infractions and will apply penalties accordingly.

      C. Telephone hold time will not exceed two minutes.

      The Contractor will be encouraged to take a proactive approach to recommending that passengers call during certain times to reduce the peak call demands.

      D. All accidents will be reported timely, in accordance with the requirements of RFP.

      Penalty: $200 per incident per late report.

      E. All vehicles shall receive preventive maintenance in a timely manner per manufacturer’s recommended service schedule:

      Penalty: If a vehicle does not receive its scheduled preventative maintenance within 500 miles of its scheduled mileage, a $200 fine will be assessed. Another

      $200 will be assessed for each 500 miles beyond the initial 500 miles.

      F. All vehicles must be cleaned according to the established schedule as specified in the RFP.

      Penalty: $200 per vehicle at the date missed; $200 for each week beyond the scheduled cleaning.

      G. Road calls will not exceed five (5) per month. If a vehicle is disabled, all passengers on board will be picked up by another vehicle(s) within thirty (30) minutes. This time period may be lowered in the event of extreme weather.

      Penalty: $200 for each road call after five (5) each month; $500 for each instance when passengers are not accommodated within thirty (30) minutes.

      H. Vehicles will be on-time 95 percent of the time. On-time is defined as picking up the passenger within the 30-minute window and the passenger arriving at their destination prior to appointment/arrival time for demand response. For deviated fixed services, on-time will be defined as being at a designated stop at the predetermined time for deviated fixed routes, or no later than ten (10) minutes after the predetermined time printed on the schedule. Demand-Response and deviated fixed services will be evaluated separately.

      Penalty: The Contractor will be assessed a penalty of $100 for each percentage point below 95 percent on time. The penalty will be assessed as soon as on time performance drops below 95 percent. For example, 94-94.9 percent on-time performance will result in a penalty of $100. This will be determined monthly.

      I. There will be no missed service for public transit or specialized services.

      Penalty: Missed service will be penalized $300 per hour and the first or last scheduled service of the day, $500 per hour. Penalties will be calculated rounded to the nearest ¼ hour.

      J. Required reports will be received by the County within ten (10) days of month’s end. 

      Penalty: $100 per day beginning on day 11 through day 14; $250 per day beginning on day 15.

      K. The Contractor will not hire staff the County has deemed unacceptable.

      Penalty: Should the Contractor hire staff unacceptable to the County when the County has notified the Contractor in writing its dissatisfaction with such person, a daily fine of $100 will be imposed until the employee is removed. After ten (10) days, a $500 fine will be imposed each day that employee works in VanGO service.

      L. Cannibalizing Parts. The Contractor shall not cannibalize any parts from any buses without the express written approval of the County.

      Penalty: $1,000 for each occurrence.

      M. Bike Racks. All fixed route buses have bike racks installed. The Contractor will ensure all bike racks are always installed and operational.

      Penalty: $100 per day when a bike rack is not installed or not operational.

      The Contracting Officer, or designee, – in its sole discretion – may waive any penalty if the County determines it may be appropriate to do so.

    • 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. 

    • 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.

    • 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.

    • 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

    • Implementation Plan

      Critical to the success of VanGO services is a smooth transition that minimizes the negative impact on passenger services. Without an effective well-planned transition, the service could deteriorate prior to implementation. The plan is to include all the tasks necessary to successfully complete the project and a detailed timeline of when critical details will be concluded. This plan should include each detailed step, when it will be implemented and by whom. Detail should be given to hiring staff, setting up the reservation and scheduling system, and training staff.

      GPS equipment may need to be transferred to the new County owned equipment which will be the responsibility of the incoming contractor. County owned radios will be transferred by the County.

    • 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.

    • Superseding Provisions

      Any provision specified elsewhere shall supersede the provisions contained in these General Provisions.

    • County Responsibilities
      1. System Policy & Planning: The County is responsible for the planning and administration of the transportation program, including but not limited to fiscal and budget matters. The County is also responsible for verifying client eligibility and maintaining the client database files, where applicable. The County's Project Manager will provide direction to the Contractor's General Manager as needed to ensure the delivery of high-quality service to consumers. The Department of Planning and Growth Management will develop policies and procedures and monitor the performance of the Contractor.
      2. Marketing/Public Information: The County will design and implement all marketing and public information programs and materials associated with VanGO services. The Contractor will be required to distribute service information.
      3. Monitoring: The County will monitor compliance with the Contract and with adopted performance standards by means of vehicle and site inspections, review of logs and other records, investigation of complaints, and by field observations. Contractor shall cooperate with the County in any such monitoring activities. The County will verify the accuracy of invoices and make corrections as necessary.
      4. Customer Service: The County will be the only source for accepting passenger complaints. The Contractor will refer all persons filing complaints and compliments to the County.
    • 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.

    • 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.

    • County Owned Operations Facility

      If applicable, in the event the County constructs a County-owned VanGo Operations facility, the Contractor shall perform all maintenance and management operations from this facility. In such event, the County may elect to utilize Option B - Public Transit Services (County Provided Facility/No County Provided Fuel) or Option C - Public Transit Services (County Provided Facility & Fuel) of the Cost Proposal Form.

      If such a facility is constructed, the County shall be responsible for: 

      1. Interior and exterior structural maintenance of the facility, including plumbing, heating, and electrical systems.
      2.  Utility costs associated with the facility.

      The County shall not be responsible for providing computers, phones, internet service, or other operations equipment required by the Contractor.

    • 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.

    • 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.

    • Superseding Provisions

      Any provision specified elsewhere shall supersede the provisions contained in these General Provisions.

    • 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.

    • 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 4.4 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
    • Reference 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.

    • Itemized Price List (required)

      Please download the below documents, complete, and upload.

    • Proposed 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.

    • Lobbying Restrictions (required)

      Please download the below documents, complete, 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.

    • Respondent Technical Proposal Package Submittal (required)

      Upload your complete technical proposal package response, including any and all required forms listed in the solicitation and the corresponding attachments.

      Refer to Section 3. - Technical Proposal Submission Content Section.

      (Do not upload cost information)

    • OPTIONAL: Respondent Redacted Submission Package - Maryland Public Information Act Notice

      Requests for Proposals and Requests for Qualifications only. If applicable, upload your complete redacted submission package, including any and all required forms listed in the solicitation and the corresponding attachments.

      Offerors should give specific attention and identification of those specific portions of their submissions 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. Offerors/ 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.

    • Project Type (required)

      Select all that apply.

    Key dates

    1. May 7, 2026Published
    2. June 18, 2026Responses Due

    AI classification tags

    Frequently asked questions

    SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.

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