Pneumatically Applied Concrete, On-Call, Term Contract

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Agency:	Baltimore County
State:	Maryland
Level of Government:	State & Local
Category:	A - Research and development
Opps ID:	NBD11599267335925378
Posted Date:	Mar 6, 2024
Due Date:	Apr 5, 2024
Source:	Members Only

Title: Pneumatically Applied Concrete, On-Call, Term Contract
RFB Number: B-10000226 (PDF)
Description: Baltimore County is soliciting bids for pneumatically applied concrete solutions in various areas of Baltimore County where this technology can provide reliable and cost-effective repairs to suitable elements of public roads, drainage, sanitary sewage, and buildings infrastructure.
Bid Due Date/Time: 04/05/24, 2:15 p.m.
WebEx Pre-Proposal Conference: 03/22/24, 10 a.m., Contact Buyer for Webex information
Buyer: Jason Hartline, 410-887-2495, jhartline@baltimorecountymd.gov
MBW/WBE: Goal 20%
This solicitation is subject to Prevailing Wage requirements

Attachment Preview

BALTIMORE COUNTY, MARYLAND

PURCHASING DIVISION

400 WASHINGTON AVENUE, ROOM 148

TOWSON, MARYLAND 21204-4665

REQUEST FOR BID NO. B-10000226

PNEUMATICALLY APPLIED CONCRETE,

ON-CALL, TERM CONTRACT

Due Date: 04/05/24, Time: 2:15 PM

Pre-Bid Conference: 03/22/24, Time: 10:00 AM

bid@baltimorecountymd.gov

JASON HARTLINE, SENIOR BUYER

PHONE: 410-887-2495

Amendments to solicitations often occur prior to bid opening and

sometimes within as little as 48 hours prior to bid opening. It is the

potential vendor’s responsibility to frequently visit the Purchasing Division

web site

(https://www.baltimorecountymd.gov/departments/budfin/purchasing/) to

obtain amendments once they have downloaded a solicitation.

BIDDER CHECK LIST

____Have you signed your bid?

____Have you signed the Procurement Affidavit?

____Have you filled out all applicable forms?

____Have you returned the original? (and required duplicate

copies when required?)

____Have you signed and returned amendments?

____Have you included the bid bond, if required?

____Have you completed, signed and included all

required MBE/WBE forms and documents? (if applicable)

Revised 06/26/2012

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BALTIMORE COUNTY, MARYLAND

REQUEST FOR BID NO. B-10000226

PNEUMATICALLY APPLIED CONCRETE, ON-CALL, TERM CONTRACT

TABLE OF CONTENTS

General Instructions for Solicitations

Instructions, Forms and Specifications

Award of Solicitations

Reservations

Delivery

Competition

Terminations

Hold Harmless - Indemnification

Minority Business Enterprise (MBE) and Small Business Notice

Authority

10. HIPAA (Health Insurance Portability and Accountability Act)

11. Reports

12. Terms of Contract

13. Severability

14. Counterparts

15. Survival

16. No Waiver, Etc.

17. Maryland Registration / Qualification Requirements

18. Eligibility of Candidates for Employment

19. Warranty

20. American Manufactured Goods Required for Public Works

II.

Procurement Affidavit

III. Intent To Bid Form

IV. Taxpayer Identification Number (TIN) and Certification

Insurance Provisions

VI. MBE/WBE Forms

VII. Performance Bond

VIII. Payment Bond

IX. Bid Bond

General Conditions

XI. Specifications

XII. Bid Bond/Proposal Signature Cover Page

XIII. Price Sheets

XIV. Prevailing Wage Rates

XV. Prevailing Wage Requirements and Policies

XVI. Prevailing Wage Affidavit

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Revised 06/26/2012

BALTIMORE COUNTY, MARYLAND

General Instructions for Solicitations

1. Instructions, Forms and Specifications

1.1 All bids/proposals are to be submitted on and in

accordance with the forms provided by the Purchasing

Division. All bids must be submitted in a sealed

envelope/carton or electronically as specified in the

General Conditions. All bids must be clearly identified with

the SOLICITATION NUMBER and the DUE DATE and

TIME for mailed and/or hand-delivered submittals and

SOLICITATION NUMBER for electronic submittals. Bid

times are either Eastern Standard Time or Eastern Daylight

Time, whichever prevails. Late bids will not be considered.

1.2 Responses to Requests for Bids and Requests for

Proposals shall be accompanied by an executed

Procurement Affidavit, as provided by the Purchasing

Division. This does not apply to Requests for Quotations.

1.3 Amendments to solicitations often occur prior to bid

opening and sometimes within hours prior to bid opening.

All bidders are responsible for frequently visiting the

Purchasing Division web site to obtain amendments once

they have downloaded a solicitation.

1.4 Additional information or clarification of any of the

instructions or information contained herein may be

obtained from the Purchasing Division. The County

assumes no responsibility for oral instructions or

suggestions. All official correspondence in regard to this

solicitation must be directed to, and will be issued by, the

Purchasing Division.

1.5 Bidders finding any discrepancy in or omission from

the specifications, in doubt as to meaning, or asserting that

the specifications are discriminatory, shall notify the

Purchasing Division in writing at once, but in no case later

than five (5) business days prior to the scheduled opening

of bids. Exceptions stated do not obligate the County to

change the specifications. The Purchasing Division will

notify all bidders in writing, by amendment duly issued, of

any substantive revisions to specifications or instructions.

1.6 Unless a written exception detailing non-conformance

to specifications is noted on the bid, any part number,

product number, catalog number, etc., noted on the bid will

be considered in full compliance with the specifications.

1.7 Submission of a bid in response to this solicitation

evidences the bidder’s acceptance of these General

Instructions and the terms and conditions of the solicitation.

Submission of a bid evidences bidder’s representation and

warranty that the person submitting the bid response is

authorized to act for and bind the contractor.

1.8 All original and duplicate bids/proposals and other

attachments, related documents and correspondence,

including all follow-up documents and correspondence,

shall be typed or written in English. All

prices/percentages and/or other monetary figures shall

be in United States dollars.

1.9 Requests for Bids and Requests for Proposals

should be accompanied by an electronic version

(Compact Disc) of the bid proposal in PDF format. It

shall be the bidder's responsibility to verify that the

electronic version is complete. The electronic version of

the non-successful proposal response will be the only

version retained by Baltimore County. The Compact

Disc must be labeled with the bid number, the bid title,

and the bidder’s name submitting the response. All

bids must be submitted in a sealed envelope or carton

as appropriate. This does not apply to Requests for

Quotation.

1.10 Issuing Officer: The sole point of contact for the

County for purposes of this solicitation is the Buyer,

listed on the cover page; questions regarding any

aspect of the competitive process must be directed to

the Buyer, in writing.

2. Award of Solicitations

2.1 Any award pursuant to Requests for Quotation

and Requests for Bid is made to the lowest responsive

and responsible bidder following the public opening of

bids under Section 10-2-406 of the Baltimore County

Code, 2003, as amended.

2.2 Awards on Requests for Quotations and

Requests for Bid will be made within sixty (60) days

after bid opening unless otherwise indicated in this

solicitation. No bidder will be allowed to withdraw a bid

during that period.

2.3 The successful bidder may be required to give

security or bond, as stated in the bid document, for

performance of the contract.

2.4 When there is a conflict between the unit price or

percentage and the extension, the unit price or

percentage will prevail as the amount of the bid.

2.5 Cash discounts will be considered in determining

awards. However, cash discount offers must allow not

less than 30 days to be considered in bid evaluation. A

bid offering a cash discount in a period of less than 30

days will be evaluated as a bid without a discount offer;

however, should that bidder obtain award by

consideration of the gross price, the County shall make

every effort to obtain the discount. The County will not

accept any payment terms with a period of less than 30

days.

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2.6 Invoices against resulting order(s) must be submitted,

in duplicate, to the Office of Budget and Finance,

Disbursements Section, 400 Washington Avenue, Room

148, Towson, Maryland 21204-4665. Invoices must show

the vendor's Federal Tax Identification Number or Social

Security Number, as appropriate, and order number and

line number(s) that correspond with resulting order(s).

2.7 The County will not pay interest charges or other

penalties for invoice payments.

2.8 Prices quoted shall be exclusive of all non-

applicable Federal and Maryland State taxes. Tax

exemption certificate will be furnished if required.

2.9 The County reserves the right to consider making

payments via electronic funds transfers (EFT) on contracts

for which this payment vehicle may be appropriate.

3. Reservations

performance of any or all of the duties and obligations

imposed upon or assumed by it thereunder, by act of

the General Assembly of Maryland or the Baltimore

County Council, by a court of competent jurisdiction or

by administrative delay not due to the fault of the

County (and its members and agents) shall not be liable

directly or indirectly for any claims caused to or suffered

by the Contractor or any other person in connection

with or as a result of such prevention, restriction or

delay.

3.8 The County further reserves the right to make

such investigation as it deems necessary to determine

the ability of bidders to furnish the required services,

and bidders shall furnish all such information for this

purpose as the County may request. The County also

reserves the right to reject the proposal of any bidder

who is not currently in a position to perform the contract,

or who has previously failed to perform similar contracts

properly, or in a manner acceptable to the County, all

of which shall be in the County’s sole discretion.

3.1 The County reserves the right to reject, in whole or in

part, any and all bids received, and to make a whole award,

multiple awards, a partial award, or no award, to best serve

the public interest.

3.2 The County may waive formalities in bids as the

interests of the County may require.

3.3 The County reserves the right to increase or decrease

quantities by approximately twenty (20) percent to be

purchased at the prices bid.

3.4 The County reserves the right to award solicitations

or place orders on a lump sum or individual item basis, or

in such combination as to best serve the public interest.

3.5 The County may waive minor differences,

irregularities, and technicalities in the specifications,

provided they neither violate the specifications intent,

materially affect the operation for which the items or

services are being purchased, nor increase estimated

maintenance and repair costs to the County.

3.6 At any time during normal business hours and as

often as the County may deem necessary, the Contractor

shall make available to and permit inspection and

photocopying, by the County, its employees or agents, of

all records, information and documentation of the

Contractor related to the subject matter of this contract,

including, but not limited to, all contracts, invoices, payroll,

and financial audits.

4. Delivery

4.1 Bidders shall guarantee delivery of materials in

accordance with the delivery schedule stated in

specifications. All items shall be delivered F.O.B.

Destination/Inside Delivery, unless otherwise indicated,

with delivery costs and charges included in the bid

price.

4.2 The County reserves the right to charge the

Contractor or vendor for each day the materials,

supplies, or services are not delivered in accordance

with the delivery schedule. The sum established by the

specifications may be invoked at the discretion of the

Purchasing Division Agent, said sum to be considered

not as a penalty, but as liquidated damages, and

deducted from final payment, or otherwise, charged to

the Contractor or vendor. This remedy is not exclusive

but shall be in addition to all other rights and remedies

available to the County. These liquidated damages

shall be in addition to any and all actual damages

incurred directly or indirectly by the County, its agents,

assigns, and contractors.

4.3 All bidders and vendors are to ensure that

packaging materials used for this requirement are not

made of non-recyclable Styrofoam (Polystyrene).

Additionally, any materials used in packing to cushion,

protect and ship are to be made of recycled, recyclable

or biodegradable materials.

5. Competition

3.7 Notwithstanding any other terms or provisions of the

contract, in the event the County is temporarily or

permanently prevented, restricted or delayed in the

5.1 The name of any manufacturer, trade name, or

vendor catalog number mentioned in the specifications

is for the purpose of designating a standard of quality

Revised 11/18/13

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and type, and for no other purpose unless otherwise stated rendered or goods delivered up to the date of

in the solicitation.

termination set forth in the written notice.

5.2 A bidder may offer a price on only one unit per line

item. Even though two or more units may meet the

specification, bidders must determine for themselves which

to offer. Submission by a bidder of prices for more than

one unit shall be sufficient cause for rejection of the bid for

that specific item.

5.3 Bids which show omission, irregularity, alteration of

forms or additions not called for, as well as conditional or

unconditional unresponsive bids, or bids obviously

unbalanced, may be rejected.

5.4 All bids must be accompanied by such descriptive

literature as may be called for by the specifications or

proposal.

6.2 Termination for Default:

6.2.1 In addition to other available rights and

remedies, the County shall have the right upon the

happening of any default, without providing notice to the

Contractor: 1) To terminate a contract immediately, in

whole or in part; 2) To suspend the contractor's

authority to receive any undisbursed funds; and/or 3)

To proceed at any time or from time to time to protect

and enforce all rights and remedies available to the

County, by suit or any other appropriate proceedings,

whether for specific performance or any covenant, term

or condition set forth in the contract, or for damages or

other relief, or proceed to take any action authorized or

permitted under applicable law or regulations.

5.5 If products to be provided to the County contain any

substances that could be hazardous or injurious to a

person's health, a material safety data sheet (MSDS) must

be provided to the Purchasing Division. This applies also

to any product used by a Contractor when providing a

service to the County.

5.6 Specifications are based on County needs and uses,

estimated costs of operations and maintenance, and other

significant and/or limiting factors to meet County

requirements, and to ensure consistency with County

policies. Minimum specifications, and maximum

specifications where included, are not established

arbitrarily to limit competition or to exclude otherwise

competitive bidders.

6.2.2 Upon termination of a contract for default, the

County may elect to pay the Contractor for services

provided or goods delivered up to the date of

termination, less the amount of damages caused by the

default, all as determined by the County in its sole

discretion. If the damages exceed the undisbursed

sums available for compensation, the County shall not

be obligated to make any further disbursements

hereunder.

6.3 Funding Out: If funds are not appropriated or

otherwise made available to support contract

continuation in any fiscal year, the County shall have

the right to terminate the contract without prior notice to

the Contractor and without any obligation or penalty.

5.7 Unless multiple or alternate bids are requested in the

solicitation, these bids may not be accepted. However, if a

bidder clearly indicates a base bid, it shall be considered

for award as though it were the only bid submitted by the

bidder.

6. Terminations

6.1 Termination for Convenience: The County may

terminate a contract, in whole or in part, without cause, by

providing written notice thereof to the Contractor. In the

event of termination, without cause, the County shall advise

the Contractor in writing of the termination date and of work

to be performed during the final days prior to contract

termination. The Contractor shall be paid for all reasonable

costs incurred by the Contractor up to the date of

termination set forth in the written notice of termination.

The Contractor will not be reimbursed for any anticipatory

profits, which have not been earned up to the date of

termination. Payments to be provided on a lump sum basis

shall be prorated by the County based on the services

7. Hold Harmless – Indemnification

7.1 The Contractor shall defend, indemnify and hold

harmless the County, its employees, agents and

officials from any and all liabilities, claims, suits, or

demands including attorney’s fees and court costs

which may be incurred or made against the County, its

employees, agents or officials resulting from any act or

omission committed in the performance of the duties

imposed by and performed under the terms of the

contract. The Contractor shall not be responsible for

acts of gross negligence or willful misconduct

committed by the County.

7.2 The Contractor shall also defend, indemnify and

hold harmless the County, its employees, agents and

officials from any and all liabilities, claims, suits, or

demands including attorney’s fees and court costs

which may be made against the County, its employees,

agents or officials by any third party arising from the

alleged violation of any third party’s trade secrets,

proprietary information, trademark, copyright, patent

Revised 11/18/13

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