14-11 health department emergency generator - 130724 - final

7/27/2019 14-11 Health Department Emergency Generator - 130724 - FINAL

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REQUEST FOR QUOTATION

CHARLES COUNTY, MARYLAND

HEALTH DEPARTMENT EMERGENCY GENERATOR

RFQ NUMBER 14-11

JULY 24, 2013

Prepared For:

Charles County GovernmentDepartment of Public Works Department

Facilities Division


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Health Department Emergency Generator RFQ 14-11

i

Table of Contents

PART I

INSTRUCTIONS TO OFFERORS ..................................................................................................................... I-3

QUOTATION FORM ......................................................................................................................................... I-11

ADDENDUM CERTIFICATION ...................................................................................................................... I-13

INTENDED SUB-CONTRACTORS ................................................................................................................. I-14

CHARLES COUNTY MBE UTILIZATION AFFIDAVIT ............................................................................ I-15

SMALL LOCAL BUSINESS ENTERPRISE (SLBE) UTILIZATION AFFIDAVIT .................................. I-17

NON-COLLUSION AFFIDAVITS .................................................................................................................... I-20

PART II

GENERAL PROVISIONS.................................................................................................................................. II-1

PART III

SPECIFICATIONS ........................................................................................................................................... III-1

****BALANCE OF PAGE INTENTIONALLY LEFT BLANK****


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PART IINSTRUCTIONS TO OFFERORS


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INSTRUCTIONS TO OFFERORS

1. PREPARATION OF QUOTATION:

All quotations shall be submitted on the "Quotation Form", page I-11, attached hereto. All blankspaces of the Quotation Form shall be fully completed. The Quotation Form must be signed byan officer authorized to make a binding commitment for the Quote. The descriptions andquantities of items described in this solicitation are the Countys best estimates of their totalrequirements. Inasmuch as any commodities purchased under this agreement will be ordered asrequired.

Quotes shall be valid for a minimum of one-hundred twenty (120) calendar days.

2. DUE DATE/SUBMISSION OF QUOTE:

All quotes must be received before 11:00 a.m. August 15, 2013, in the Purchasing Office (Room#B130) and shall be valid based on the terms contained on the Quotation Form. Quotes, quote

modifications, or attempts to withdraw quotes received by the Purchasing Office after the duedate/time will NOT be considered.

A complete quote package shall include one (1) unbound original, to be so identified, and two (2)unbound copies of the following:

1. Quotation Form2. Addendum Certification3. Intended Non-MBE Subcontractors form4. Charles County MBE Utilization Affidavit5. Proposed MBE Subcontractors form6. Non-Collusion Affidavit

7.

SLBE Utilization Affidavit8. Official Letter of SLBE Intent9. Complete set of specifications for the proposed Emergency Generator

Quotes shall be sealed in an envelope marked RFQ No. 14-11, HEALTH DEPARTMENTEMERGENCY GENERATOR - DO NOT OPEN. Offerors shall submit the quote packageto:

Yaffa Seiden, Procurement SpecialistCharles County Government

Address for USPS Mail delivery*: Physical address for courier delivery:P.O. Box 2150 200 Baltimore Street

La Plata, MD 20646 La Plata, MD 20646

*NOTE: Due to a remote USPS mail delivery site and Charles County mail processing times,additional time may be necessary for mail delivery. It is the Offerors responsibility to ensurethat quotations are delivered to the Purchasing Office (Room #B130) before the due date andtime. Any quotations not received timely will not be considered.


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3. QUESTIONS AND INQUIRES:

Questions and inquires, should be directed, in writing only(via e-mail or fax) to:

Technical Questions Procurement Process QuestionsMr. David Defalco, Construction Superintendent Yaffa Seiden, Procurement SpecialistDepartment of Public WorksFacilities Dept of Fiscal & Administrative ServicesFax: 301-932-3497 Fax: 301-645-0543E-mail:[email protected] Email:[email protected]

All questions must be received no later than 4:30 p.m. August 6, 2013.

4. ADDENDA AND SUPPLEMENTS TO THE RFQ:

In the event that it becomes necessary to revise any part of this quotation, or if additionalinformation is necessary to enable the Offeror to make an adequate interpretation of theprovisions of this quotation, a supplement to the quotation will be issued. The Offeror shallacknowledge in their quote, the receipt of all addenda, supplements, amendments, or changes tothe 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 otherwisechallenge any aspect of this solicitation or subsequent agreement.

If any person contemplating submitting a quote in response to this solicitation is in doubt as tothe true meaning of any part of the Specifications, they may submit to the County, a minimum offourteen (14) calendar days prior to the submission due date, a written request for aninterpretation or correction thereof. The person submitting the request will responsible for itsprompt delivery. Any interpretation, correction, or changes to the solicitation will be made onlyby addendum duly issued, and will be posted on the County Bid Board found atwww.charlescounty.orgClick on Procurement Opportunities and then Bid Board. Anyand all addenda issued prior to the due date/ time shall become a part of the contract documents

and shall be covered in the Offerors quote, unless an alternative proposal schedule is presentedby addendum. It is the responsibility of the Offeror to check the County Bid Board asfrequently as necessary to obtain all updates and addenda to the solicitation.

5. INCURRING COSTS:

The County is not liable for any costs incurred by the Bidder prior to issuance of a contract.

6. NEWS RELEASE:

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

7. PUBLIC INFORMATION ACT NOTICE:

Bidders should give specific attention and identification of those specific portions of their bidswhich they deem to contain confidential and/or proprietary information. Such information mustbe individually noted as being confidential or proprietary, either at that location, or in a separatelisting contained within the bid proposal, and provide justification of why the material should notbe subject to disclosure by the County upon request under the Maryland Public Information Act.Offerors may not declare their entire submission package to be confidential or proprietary.
mailto:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]:[email protected]://www.charlescounty.org/http://www.charlescounty.org/http://www.charlescounty.org/mailto:[email protected]:[email protected]


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Failure to provide specific identification and justification may result in the County releasing theinformation if requested to do so.

8. MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM:

Bidders are advised that the Charles County Local Government has established a MinorityBusiness Enterprise (MBE) Program which applies to all formal solicitations. There is an

aspirational minimum of 25% MBE participation goal for each project.

The County recognizes, as Minorities, the following groups as defined in the Maryland StateHighway Associations MBE program and include: African Americans; AmericanIndians/Native Americans; Asians; Hispanics; Women; Physically or Mentally Disabled personsand Disabled American Veterans.

The County will automatically recognize MBE status for any firm certified by the MarylandState Highway Administration, Federal 8-A registration or the Charles County LocalGovernment. Information concerning the Charles County MBE Certification Process may beobtained by contacting the Charles County Purchasing Office, phone (301) 645-0656.

The bidding documents included herein contain a form entitled Minority Business EnterpriseUtilization Affidavit. This document indicates the MBE certification status of the bidder, as

well as, the level of MBE participation of any sub-contractor or suppliers. Bidders are required tocomplete the form and submit it with their bid.

9. SMALL LOCAL BUSINESS ENTERPRISE (SLBE) PROGRAM

Proposers are advised that Charles County Government has established a Small Local BusinessEnterprise (SLBE) Program which may apply to a formal solicitation resulting in an award ofless than $500,000.

This solicitation is subject to the SLBE Program. Registered Charles County SLBE firmsresponding to this solicitation will receive a preference in accordance with the provisions of theProgram if they:

Are registered in the Charles County SLBE Program and eligible in all other respects, atthe time the firms bid/proposal is submitted.

Complete the attached SLBE forms and indicate their SLBE status.

Are susceptible for award for a contract valued less than $500,000.

10.SUBCONTRACTORS

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. Where two or morebidders desire to submit a single proposal in response to the RFP, they should do so on a prime-subcontractor basis rather than as a joint venture. Subcontractors for any portion of this contractmust be clearly identified in the offerors proposal. Subcontractors are subject to DBErequirements detailed herein.


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11.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 attorneys fees, resulting from injury

to, or death of, any person or damage to property of any kind, which injury, death or damagearises out of, or is any way connected with the performance of the work under this contract. Thisagreement shall apply to any acts or omissions, negligent conduct, whether active or passive,including acts or omissions of contractors agents or employees; except that this agreement shall

not be applicable to injury, death or damage to the property arising from the sole negligence ofCharles County, its officers, agents and employees.

12.INSURANCE REQUIREMENTS:

The Contractor shall provide, at his expense, the insurance specified below. Certification ofWorkmans Compensation, vehicle, and general liability insurance must be provided before anycontract or agreement with the County may be executed and any work for the County performed.

Workmans Compensation in compliance with Maryland Statutory Limit

Comprehensive automobile bodily injury and property damage insurance coveringall vehicles whether owned, hired, or non-owned operated by/or on behalf of theContractor in the performance of this contract with not less than the followingunits:

- Bodily Injury: $1,000,000 per person$2,000,000 per occurrence

- Property Damage: $500,000 per occurrence

Comprehensive General Liability in an amount not less than $2,000,000(combined personal injury and/or property damage) per occurrence subject to$2,000,000 aggregate.

If the insurance obtained requires deductibles, the Contractor shall pay all costs not coveredbecause of such deductibles.

13.DEALER STATUS:

Bidders, by offering quotations, certify that they are current authorized dealers in good status forthe equipment quoted. Manufacturers written certification of dealer status must be providedwith the quotation, and current certification must be provided within fifteen (15) working days if

so requested by the County at any time during the contract period. The Contractor shall supplyall documents required to register the trailer by the Maryland Motor Vehicle Administration.Should the Contractor lose dealer status at any time during the contract period for any contracteditems, that portion of the contract will automatically be cancelled with no further obligation bythe County.


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14.WARRANTY CLAUSE:

The Contractor expressly warrants the commodities covered by this order to conform to thespecifications for the equipment. The contractor shall guarantee to the warranted against defectsin material and workmanship, and the product is fit for in the intended purpose for the periodspecific by the manufacturer.

15.

REJECTION OF QUOTES:

The County reserves the right to reject any or all quotations.

16.AWARD OF CONTRACT:

Award will be to lowest responsive and responsible bidder(s) that comply with all provisions ofthe RFQ, providing that the bid price is reasonable and it is in the best interest of Charles Countyto accept it. The contract entered into with the successful bidder shall meet all standardprovisions required by the County and by any involved government agencies.

Award of the Contract(s) will be by letter of award to the successful bidder(s) from the Chief ofPurchasing notifying them that their bid(s) has been accepted. The Contract documents will

consist of the Award Letter, Request for Quotation, the Bidders bid package, and any addendaor other modifications to the RFQ.

17.ELIGIBILITY FOR AWARD:

By submitting a quote in response to this solicitation, the bidder/offeror certifies that their firm isnot debarred, suspended, or otherwise ineligible for participation in government procurement bythe federal government, the State of Maryland, or any other state, county, or municipalgovernment.

18.PROPOSAL/BID/AWARD PROTESTS:

All protests made pursuant to this solicitation must be in writing and delivered to the Chief of

Purchasing: (a) within ten (10) calendar days after the Purchasing Office has publicly posted theproposed contract award, if the bidder seeks as a remedy the award of the contract, or (b) beforethe submission date for bids, if the bidder seeks as a remedy the cancellation or amendment ofthe solicitation. 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 theprotesting offeror/bidder, if the protest is sustained. Filing fees for unsustained protests shall notbe returned. The Chief of Purchasing must dismiss any protest not timely received.

Only an offeror/bidder who is aggrieved is eligible to file a protest. Aggrieved means that the

offeror/bidder who is filing the protest is susceptible for an award of the contract if the protest is

sustained (e.g., a fourth ranked bidder is not aggrieved unless the grounds for a protest, ifsustained, would disqualify the top three ranked offerors/bidders or would require that thesolicitation be reissued). Each protest must contain the following: identification of thesolicitation; the name, address and telephone number of the protesting offeror/bidder; a statementsupporting that the offeror/bidder is aggrieved; and specification of all grounds for the protest,including submission of detailed facts and all relevant documents, citation to relevant languagein the solicitation, regulations, or law relied upon; and, all other matters which the offeror/biddercontends supports the protest. The burden of production of all relevant evidence, data and


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documents, and the burden of persuasive argument to support the protest is on the offeror/biddermaking the protest.

The Chief of Purchasing shall forward to the County Attorney, all protests timely received, andappropriate information addressing the circumstances of the protest. The Chief of Purchasingshall also forward for the County Attorneys information, all protests not timely received and/or

otherwise ineligible, that were dismissed by the Chief of Purchasing.

The Chief of Purchasing, after consultation with the County Attorney, shall determine whether tosustain or reject the protest, and shall provide written notice of his determination to theofferor/bidder making the protest, and to the County Attorney. In the case of a sustained protest,the Chief of Purchasing, after consultation with the County Attorney, shall determine whatremedy shall be taken to redress the protest. All decisions of the Chief of Purchasing shall befinal, and not subject to appeal.

19.CHARLES COUNTY GOVERNMENT 2013 HOLIDAY SCHEDULE:

The following holidays are recognized by the County:

NEWYEAR'SDAY MARTINLUTHERKINGJR.'SBIRTHDAY

LINCOLN'SBIRTHDAY*

WASHINGTON'SBIRTHDAY

MARYLANDDAY*

GOODFRIDAY

MEMORIALDAY

INDEPENDENCEDAY

LABORDAY

COLUMBUSDAY

VETERAN'SDAY

ELECTIONDAY(WHEN APPLICABLE)

THANKSGIVINGDAY

DAYAFTERTHANKSGIVING

CHRISTMASDAY*FLOATING HOLIDAYSCOUNTY OFFICES AND OPERATIONS SHALL BE OPEN

20. Mid-Atlantic Purchasing Team Rider Clause:

USE OF CONTRACT(S) BY MEMBERS COMPRISING MidAtlantic Purchasing TeamCOMMITTEEExtension to Other Jurisdictions

The Charles County Government extends the resultant contract(s), including pricing, terms andconditions to the members of the Mid-Atlantic Purchasing Team, as well as all other publicentities under the jurisdiction of the United States and its territories.

Inclusion of Governmental & Nonprofit Participants (Optional Clause)

This shall include but not be limited to private schools, Parochial schools, non-public schoolssuch as charter schools, special districts, intermediate units, non-profit agencies providing


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services on behalf of government, and/or state, community and/or private colleges/universitiesthat required these good, commodities and/or services.

Notification and Reporting

The Contractor agrees to notify the issuing jurisdiction of those entities that wish to use anycontract resulting from this solicitation and will also provide usage information, which may be

requested. The Contractor will provide the copy of the solicitation and resultant contractdocuments to any requesting jurisdiction or entity.

Contract Agreement

Any jurisdiction or entity using the resultant contract(s) may enter into its own contract with thesuccessful Contractor(s). There shall be no obligation on the party of any participatingjurisdiction to use the resultant contract(s). Contracts entered into with a participatingjurisdiction may contain general terms and conditions unique to that jurisdiction Including, byway of illustration and not limitation, clauses covering minority participation, non-discrimination, indemnification, naming the jurisdiction as an additional insured under anyrequired Comprehensive General Liability policies, and venue.


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Y N Y N Y N

Alexandria, Virginia Fairfax County Water Authority Montgomery College

Alexandria Public Schools Falls Church, Virginia Montgomery County, Maryland

Alexandria Sanitation Authority Fauquier Co. Schools & Government Montgomery County Public School

Annapolis City Frederick, Maryland Northern Virginia CommunityCollege

Anne Arundel County Frederick County, Maryland Prince Georges Community College

Anne Arundel School Gaithersburg, Maryland Prince Georges County, Maryland

Arlington County, Virginia Greenbelt, Maryland Prince Georges Public Schools

Arlington Co. Public Schools Harford County Prince William County, Virginia

Baltimore City Harford County Schools Prince William County PublicSchools

Baltimore Co. Schools Howard County Prince William County ServiceAuthor

Bladensburg, Maryland Howard County Schools Rockville, Maryland

Bowie, Maryland Herndon, Virginia Spotsylvania County

Carroll County Leesburg, Virginia Spotsylvania County Schools

Carroll County Schools Loudon County, Virginia Stafford County, Virginia

Charles County Government Loudon County Public Schools Takoma Park, Maryland

City of Fredericksburg Loudon County Water Authority Upper Occoquan Service Authority

College Park, Maryland Manassas City Public Schools Vienna, Virginia

District of Columbia Government Manassas Park, Virginia Washington Metropolitan AreaTransit Authority

District of ColumbiaWater & Sewer Auth.

Maryland DGS Purchasing Washington Suburban SanitaryCommission

District of ColumbiaPublic Schools MD Natl Capital Park & PlanningCommission Winchester, Virginia

Fairfax, Virginia Metropolitan Washington AirportAuthority

Winchester Public Schools

Fairfax County, Virginia Metropolitan Washington Council ofGovernments


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Firms Name and Address:

QUOTATION FORMThe County Commissioners of Charles County, MarylandCharles County Government BuildingPost Office Box 2150La Plata, Maryland 20646

Honorable Commissioners:

This quote is submitted in accordance with your Request for Quotes inviting quotes to be receivedfor the work outlined in Part III - SPECIFICATIONS attached hereto for RFQ No. 14-11 HEALTHDEPARTMENT EMERGENCY GENERATOR.

Having carefully examined the solicitation, the undersigned herein agrees to provide and deliver thespecified Emergency Generator as outlined in Part IIISPECIFICATIONS.

Offerors must complete this form in its entirety. Incomplete forms will not receive consideration.

Item #1: For purchase of one (1) EMERGENCY GENERATOR.

MAKE MODEL PRICE QUOTE

$

If you are taking any exceptions to the minimum specifications, attach a written explanation. Alternatesmust meet or equal standards.

Location for warranty repairs and parts:

COMPANY NAME ADDRESS(Street Address, City, Zip Code)

TELEPHONE #

The terms and conditions set forth in the following documents shall constitute the agreement unlessotherwise agreed by the County:

1. Charles County solicitation, RFQ #14-11,


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2. Quotation Form submitted by the successful Offeror, and3. The Notice of Award letter.

Contact Person:

Title:

Phone: Fax:

Email:

The undersigned is authorized to submit a binding bid on behalf of the firm, and has caused this Quoteto be submitted as of the date indicated below.

Signature

Printed Name

Title

Date


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ADDENDUM CERTIFICATION

Request for Quote Number: 14-11

Project Name: Health Department Emergency Generator

The undersigned acknowledges that he/she received the following Addenda to the Specification for theabove-identified proposal, and that this proposal was prepared in accordance with said Addenda.

Addendum Number: Date of Addendum:

Proposer

Address

Signature Date


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INTENDED SUB-CONTRACTORS

(NON-MBE SUB CONTRACTOR)

Request for Quote Number: 14-11

Project Name: Health Department Emergency Generator

List of Intended Sub-contractors who will perform work on this project:

Sub-contractor(Name and Address)

Work to be performed

Bidder:

Address:

Signature: Date:


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CHARLES COUNTY MBE UTILIZATION AFFIDAVIT

RFQ No. 14-11

Name of Offeror:

Please respond to the following questions: Check OneYes N o

1. Certified Minority Business Enterprise?

a. Certified by: State of Maryland?

b. Federal 8-A Registration?

c. Charles County Local Government?

d. Other (please list)

Principle Owners Minority Class (please check):

African American Am Ind/Nat Am Asian Hispanic

Women Phys/Ment Disab Disabled American Veteran

2. If the response to Question 1 is no, have Minority Business Enterprises provided services, or supplied

any items associated with your response to this solicitation?

NOTE:If the response to Question 2 is yes, please include a list (see the PROPOSED MBE SUBCONTRACTORS form) of all MBE subcontractors, names and addresses, the nature of the services or suppliesbeing furnished, percentage of the overall contract amount and complete the remainder of this form. If theresponse to Question 2 is no, please provide signature and title at bottom of form.

Total Proposal $

Total Minority Business Enterprise Bid/Proposal/Quotation $

Percent of Total Minority Business Enterprise Contract $

________________________________________________________________________________


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PROPOSED MBE SUB CONTRACTORS

(if applicable)

COMPANY NAME & ADDRESS: __________________________________________________

(Include City, State, Zip Code

and County) __________________________________________________

__________________________________________________

PRODUCT/SERVICES __________________________________________________

________________________________________________________________________________

* MINORITY CLASS _____________________ PERCENT OF PARTICIPATION _______

COMPANY NAME & ADDRESS: __________________________________________________

(Include City, State, Zip Codeand County) __________________________________________________

__________________________________________________

PRODUCT/SERVICES

________________________________________________________________________________

* MINORITY CLASS ___________________ PERCENT OF PARTICIPATION _______

COMPANY NAME & ADDRESS: __________________________________________________(Include City, State, Zip Code

and County) __________________________________________________

__________________________________________________

PRODUCT/SERVICES __________________________________________________

________________________________________________________________________________

* MINORITY CLASS ___________________ PERCENT OF PARTICIPATION _______

If additional space is needed, please submit information on a separate sheet and attach hereto

* See Charles County MBE Utilization Affidavit" for list of Minority Classes

Signature Title


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Charles County Government

SMALL LOCAL BUSINESS ENTERPRISE (SLBE) UTILIZATION AFFIDAVIT

ALL BIDDERS/OFFERORS ARE REQUIRED TO COMPLETE THIS FORM AND SUBMIT ITWITH THEIR BID/PROPOSAL

Solicitation Information

Solicitation Name: HEALTH DEPARTMENT EMERGENCY GENERATOR Solicitation #:14-11

Part 1. Prime Bidder/Offeror SLBE Status

Name of Bidder/Offeror:___________________________________________________________________

Respond to the following questions:

Check One

Yes No

1. Is the Prime Contractor a Registered SLBE?

If Yes, identify the Bidder/Offerors SLBE Registration #:

2. If the response to Question 1 is No, is the Bidder/Offeror claimingSLBE preference based upon the use of registered SLBE(s) toprovide services or items associated with the Bidders/OfferorsBid/Proposal?

Yes No

NOTE: If the response to Question 2 is Yes, complete Part 2 below and the SLBE SubcontractorsParticipation Schedule form in Part 4. If the response to Question 2 is No, please provide signatureand title in Part 3 of this form.

Part 2. SLBE Subcontractor Participation

Provide the total value of SLBE work to be provided and complete the SLBE Subcontractors

Participation Schedule form in Part 4 identifying the individual SLBE(s) and the amount of theirintended involvement.

Total Bid/Proposal Price: $

Total SLBE WorkBid/Proposal Value: $Percentage of Total Work (Dollar Value) of SLBE(s): %

Part 3. Certification of SLBE Preferences

By signing below, the BIDDER/OFFEROR certifies that it has complied with SLBE programrequirements and during the course of the project will maintain all terms and conditions set forth in theSLBE forms, including the SLBE participation schedule and Letters of SLBE Intent. Additionally, theBIDDER/OFFEROR will notify the Chief of Purchasing within 72 hours via written notice if asubcontractor on the SLBE participation schedule is unable to perform work set forth in the schedule;and within 7 consecutive days of making the determination, make a written request to amend theSLBE participation schedule. The COUNTY shall be granted access to inspect any relevant matterrelated to SLBE Program compliance, including records and the jobsite and to interview

subcontractors and workers. The BIDDER/OFFEROR is aware that noncompliance, as determined bythe COUNTY, may result in the BIDDER/OFFEROR to take corrective actions and/or result insanctions as set forth in the contract.

__________________________________

Signature_________________________

Title__________________

Date


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Part 4. SLBE Subcontractors Participation Schedule

Instructions:Identify each registered SLBE subcontractor below, including SLBE registration numbers, Federal Employer IdentificationNumbers (FEINs), company names and addresses, the nature of the services or supplies being furnished, value of work to be performed bythe SLBE, and the percentage of the overall project amount and complete the Official Letter of SLBE Intent with each SLBEsubcontractor/joint-venture partner included in the schedule below.

SLBE

Registration #

FEIN or Social

Security #

Company Name

Address

Phone & Fax

Services to be Provided

Value of

SLBE Work

From Letter

of

Intent

SLBE % of

Contract

$ %

$ %

$ %

$ %

$ %

If additional space is needed, please submit information on a separate sheet and attach hereto. For each registered SLBE subcontractoridentified, complete an Official Letter of SLBE Intent form provided below.


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Charles County Government

OFFICIAL LETTER OF SLBE INTENT

A LETTER OF INTENT is required for each SLBE identified in Part 4 of the SMALL LOCALBUSINESS ENTERPRISE (SLBE) UTILIZATION AFFIDAVIT. The LETTER OF INTENT must besigned by bother the Bidder/Offeror and Registered SLBE Firm.

Solicitation Information

Solicitation Name: HEALTH DEPARTMENT EMERGENCY GENERATOR Solicitation #:14-11Part 1. To be Completed by the Bidder/Offeror

Name of Bidder/Offeror: _____________________________________________________________

Address:__________________________________________________________________________

_________________________________________________________________________________

Contact Name/Title: ________________________________________________________________

Telephone: __________________________________ Fax: _________________________________

Email: ___________________________________________________________________________

Identify the services to be performed or items to be supplied by the SLBE, including Bid Item (ifapplicable):

Value of Work to be Performed by the SLBE: $

Value of Work as a Percentage of Total Bid/Proposal Price %

Part 2. To be Completed by the SLBE

Name of SLBE: ____________________________________________________________________

SLBE Registration #:____________________________

Address:___________________________________________________________________________________________________________________________________________________________

Contact Name/Title: ________________________________________________________________

Telephone: _____________________________ Fax: ______________________________________

Email: ___________________________________________________________________________

Part 3. Certification of SLBE Intent

The Bidder/Offeror certifies its intent to utilize the SLBE identified above for the effort identified inthis bid/proposal, and that the work described above is accurate. Bidder/Offeror will provide theCounty with a copy of the related subcontract agreement and/or purchase order prior to

commencement of the SLBEs work. The SLBE firm certifies that it has agreed to provide such workidentified and/or supplies for the amount stated above.

Bidder/Offeror:__________________________________________

Signature Title____________________

Date

SLBE Firm Rep:__________________________________________

Signature Title____________________

Date


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NON-COLLUSION AFFIDAVITS

I do solemnly declare and affirm, under the penalties of perjury, the following:

1. That neither I, nor the best of my knowledge, information and belief, the Bidder / Offeror, norany officer, director, partner, member, associate or employee of the Bidder / Offeror, nor any person in

his behalf, has in any way agreed, connived or colluded with any one for and on behalf of the Bidder /Offeror, to obtain information that would give the Bidder / Offeror an unfair advantage over others, norgain any favoritism in the award of this contract, nor in any way to produce a deceptive show ofcompetition in the matter of bidding or award of this contract.

2. That neither I, nor the best of my knowledge, information and belief, the Bidder / Offeror, norany officer, director, partner, member, associate of the Bidder / Offeror, nor any of its employeesdirectly involved in obtaining contracts with the State of Maryland or any County or any subdivision ofthe State has been convicted of bribery, attempted bribery or conspiracy to bribe under the laws of anyState or Federal Government of acts or omissions committed after July 1, 1977, except as noted below:All pursuant to Article 78A, Section 16D of the Annotated Code of Maryland.

Signature

Name and Title of Signer

Company

Date

Subscribed to and sworn to before me, a Notary Public of the State of Countyor City of this year and date first written above.

Notary Public My Commission Expires


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PART II


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GENERAL PROVISIONS

1. DEFINITIONS:

BID The fee proposal submitted for the workcontemplated.

BIDDER The person or persons, partnership, firm orcorporation submitting a fee proposal for the workcontemplated.

COMMISSIONERS The County Commissioners of Charles County.

COUNTY The County Commissioners of Charles County.

CONTRACT The written agreement executed by the CountyCommissioners of Charles County and thesuccessful bidder, covering the performance of thework and the furnishing of materials required in the

construction of the project. The contract shallinclude: A conventional contract or award letter,instructions to bidders, solicitation, specificationsand scope of work, special provisions, generalprovisions, any other addenda or writteninstructions pertaining to the method and manner ofperforming the work, and the offerors bid/proposal.

CONTRACTING OFFICER The person executing this contract on behalf of theCOUNTY and includes a duly appointed successoror authorized representative.

CONTRACTOR The person or persons, partnership, firm orcorporation who enters into a contract awarded tohim by the COUNTY.

DEPARTMENT The authorized division or agency of CharlesCounty government responsible for the service orwork for which the contract will be written.

DAYS Calendar Days

EXTRA WORK A written order to the CONTRACTOR and signedby the CONTRACTING OFFICER, ordering achange in or an addition to the work from thatoriginally shown in the specifications.


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GENERAL PROVISIONS All requirements and provisions contained in thisdocument.

INSTRUCTIONS TO BIDDERS Information explaining the procurement process,significant dates, and bidding requirements.

OWNER The entity holding title or having vested interest inthe property and rights associated with the property.

SPECIAL PROVISIONS Statements modifying or changing the requirementsor provisions of the General Specifications oradding new requirements or provisions thereto.

SPECIFICATIONS/SCOPE OF WORK The written or printed agreements and instructionspertaining to the performance of the work to beperformed, and/or the quantity and quality of thework/materials to be furnished under the contract.

2.

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 workwithin 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.) shallinclude direction, instruction, interpretation, or determination) from theCONTRACTING OFFICER, which causes any such change, shall be treated as a changeorder under this article, provided that the CONTRACTOR gives the CONTRACTINGOFFICER written notice stating the date, circumstances, and source of the order and thatthe CONTRACTOR regards the order as a change order.

B. Except as herein provided, no order, statement, or conduct of the CONTRACTINGOFFICER 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'Scost of, or the time required for, the performance of any part of the work under thiscontract, whether or not changed by any order, an equitable adjustment shall be made andthe contract modified in writing accordingly; provided, however, that except for claims

based on defective specifications, no claim for any change under paragraph (B.) aboveshall be allowed for any costs incurred more than twenty (20) days before the


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CONTRACTOR gives written notice as therein required; and provided further, that in thecase of defective specifications for which the COUNTY is responsible, the equitableadjustment shall include any increased cost reasonably incurred by the CONTRACTORin attempting to comply with such defective specifications.

D. If the CONTRACTOR intends to assert a claim for an equitable adjustment under thisarticle, he must, within thirty (30) days after receipt of a written change order underparagraph (A.) above or the furnishing of a written notice under paragraph (B.) above,submit to the CONTRACTING OFFICER a written statement setting forth the generalnature and monetary extent of such claim, unless this period is extended by theCOUNTY. The statement of claim hereunder may be included in the notice underparagraph (B.) above.

F. No claim by the CONTRACTOR for an equitable adjustment hereunder shall be allowedif asserted after final payment under this contract.

3. CHANGE ORDERS: (not applicable to RFQ 14-11)

A. Additional Costs:

The cost of any change ordered in writing by the CONTRACTING OFFICER whichresults in an increase in the contract price will be determined by one or the other of thefollowing methods, at the election of the CONTRACTING OFFICER.

(1) On the basis of a stated lump sum price, or other consideration fixed and agreedupon by negotiation between the CONTRACTING OFFICER and theCONTRACTOR in advance, or if this procedure is impractical because of thenature of the work or for any reason,

(2) On the basis of the actual necessary cost as determined by the CONTRACTINGOFFICER, plus a fixed fee to cover general supervisory and office expense and

profit. The fixed fee shall not exceed fifteen percent (15%) of the actualnecessary costs. The actual necessary cost will include all reasonableexpenditures for material, labor, and supplies furnished by the CONTRACTORand a reasonable allowance for the use of his plant and equipment where required,but will in no case include any allowance for general superintendent, officeexpense, or other general expense not directly attributable to the extra work. Inaddition to the foregoing, the following will be allowed: the actual payment by theCONTRACTOR for workmen's compensation and public liability insurance;performance and payment bonds (if any); and all unemployment and other socialsecurity contributions (if any) made by the CONTRACTOR pursuant to Federalor State statutes; when such additional payments are necessitated by such extra

work. An appropriate extension of the working time, if such be necessary, alsowill 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 whichresults in a decrease in the contract price will be determined in a manner conformablewith paragraph A.2 under Additional Costs.


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4. DIFFERING SITE CONDITIONS: (not applicable to RFQ 14-11)

A. The CONTRACTOR shall promptly, and before such conditions are disturbed, notify theCONTRACTING OFFICER in writing of:

(1) Subsurface or latent physical conditions at the site differing materially from thoseindicated in this contract, or

(2) Unknown physical conditions at the site, of an unusual nature, differing materiallyfrom those ordinarily encountered and generally recognized as inhering in workof the character provided for in this contract.

The CONTRACTING OFFICER shall promptly investigate the condition(s), and if hefinds that such conditions do materially differ and cause an increase or decrease in theCONTRACTOR'S cost of, or the time required for, performance of any part of the workunder this contract, whether or not changed as a result of such conditions, an equitableadjustment shall be made and the contract modified in writing accordingly.

B. No claim of the CONTRACTOR under this article shall be allowed unless theCONTRACTOR 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 allowedif asserted after final payment under this contract.

5. TERMINATION OF CONTRACT FOR CONVENIENCE:

A. The COUNTY may, by written notice to the CONTRACTOR, terminate this contract inwhole or in part at any time, either for the COUNTY'S convenience or because of thefailure of the CONTRACTOR to fulfill his obligations under this contract.

Upon receipt of such notice, the CONTRACTOR shall:(1) Immediately discontinue any part or all services as directed by the Countys

authorized representative, 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 beenaccumulated by the CONTRACTOR in performing under this contract, whethercompleted or in process.

B. If the termination is for the convenience of the COUNTY, an equitable adjustment in thecontract price shall be made but no amount shall be allowed for anticipated profit onunperformed services.

C. If the termination is due to the failure of the CONTRACTOR to fulfill his obligationsunder this contract, the COUNTY may take over the work and prosecute the same tocompletion by contract or otherwise. In such case, the CONTRACTOR shall be liable tothe COUNTY for any additional cost occasioned to the COUNTY.

D. If, after notice of termination for failure to fulfill obligations, it is determined that theCONTRACTOR had not so failed, the termination shall be deemed to have been effected


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for the convenience of the COUNTY. In such event, adjustment in the contract priceshall 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 anyother rights and remedies provided by law or under this contract.

6. TERMINATIONS FOR DEFAULT - DAMAGES FOR DELAY - TIME EXTENSIONS:

(not applicable to RFQ 14-11)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 thiscontract, or any extension thereof, or fails to complete said work within such time, theCOUNTY may, by written notice to the CONTRACTOR, terminate his right to proceedwith 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 contractor otherwise, and may take possession of and utilize in completing the work suchmaterials, 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, heand his 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 COUNTYso terminates the CONTRACTOR'S right to proceed, the resulting damage will consist ofsuch liquidated damages until such reasonable time as may be required for finalcompletion and acceptance of the work together with any increased costs occasioned theCOUNTY in completing the work.

C. If fixed and agreed liquidated damages are provided in the contract and if the COUNTYdoes not so terminate the CONTRACTOR'S right to proceed, the resulting damage willconsist of such liquidated damages until the work is completed and accepted.

D. The CONTRACTOR'S right to proceed shall not be so terminated nor theCONTRACTOR charged with resulting damage if:

(1) The delay in the completion of the work arises from unforeseeable causes beyondthe control and without the fault or negligence of the CONTRACTOR, includingbut 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 fromunforeseeable 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 thedate of final payment under the contract), notifies the CONTRACTINGOFFICER in writing of the causes of delay.

The CONTRACTING OFFICER shall ascertain the facts and the extent of thedelay and extend the time for completing the work when, in his judgment, the


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findings of fact justify such an extension, and his findings of fact shall be finaland conclusive on the parties, subject only to appeal as provided in the article ofthese General Provisions entitled Disputes.

E. If, after notice of termination of the CONTRACTOR'S right to proceed under theprovisions of this article, it is determined for any reason that the CONTRACTOR was notin default under the provisions of this article, or that the delay was excusable under theprovisions of this article, the rights and obligations of the parties shall, if the contractcontains an article providing for termination for convenience of the COUNTY, be thesame as if the notice of termination had been issued pursuant to such article. If, in theforegoing circumstances, this contract does not contain an article providing fortermination for convenience of the COUNTY, the contract shall be equitably adjusted tocompensate for such termination and the contract modified accordingly; failure to agreeto any such adjustment shall be a dispute concerning a question of fact within themeaning of the article of these General Provisions entitled Disputes.

F. In the event the construction of this project is interrupted, halted or discontinued by theorder 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 isthe intention of these specifications that the COUNTY'S liability shall be limited only tothe actual value of the work already performed and materials already purchased, with noallowance permitted for loss of profits that would have ultimately accrued to theCONTRACTOR had the CONTRACTOR completed the contract.

G. The rights and remedies of the COUNTY provided in this article are in addition to anyother 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 meanssubcontractors or suppliers at any tier.

7. PAYMENTS TO CONTRACTOR: (not applicable to RFQ 14-11)

A. The COUNTY will pay the contract price, less all costs for overtime superintendence andinspection, as herein-after provided.

B. The COUNTY will make progress payments monthly as the work proceeds, or at morefrequent intervals as determined by the CONTRACTING OFFICER, on estimatesapproved by the CONTRACTING OFFICER. Progress payments will be due andpayable thirty (30) calendar days after the COUNTY receives an acceptable invoice. Ifrequested by the CONTRACTING OFFICER, the CONTRACTOR shall furnish abreakdown 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 fordetermining progress payments. In the preparation of estimates, the CONTRACTINGOFFICER, at his discretion, may authorize material delivered on the site and preparatorywork done to be taken into consideration. Material delivered to the CONTRACTOR atlocations other than the site may also be taken into consideration (1) if such considerationis specifically authorized by the contract and (2) if the CONTRACTOR furnishessatisfactory evidence that he has acquired title to such material and that it will be utilizedon the work covered by this contract. Such payments shall be conditioned uponsubmission by the CONTRACTOR of bills of sale or such other procedures satisfactory


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to the COUNTY to establish the COUNTY'S title to such materials or equipment orotherwise protect the COUNTY'S interest, including applicable insurance andtransportation to the site.

C. All material and work covered by progress payments made shall thereupon become thesole property of the COUNTY but this provision shall not be construed as relieving theCONTRACTOR from sole responsibility for all material and work upon which paymentshave been made or the restoration of any damaged work, or as waiving the right of theCOUNTY to require the fulfillment of all of the terms of the contract.

8. MATERIAL AND WORKMANSHIP:

All work under this contract shall be performed in a skillful and workmanlike manner. TheCONTRACTING OFFICER may, in writing require the CONTRACTOR to remove from the work anyemployee the CONTRACTING OFFICER deems incompetent, careless, or otherwise objectionable.

9. SUPERINTENDENCY BY CONTRACTOR:

The CONTRACTOR shall give his personal superintendence to the work or have a competent foremanor superintendent, satisfactory to the CONTRACTING OFFICER, on the work at all times during

progress, with authority to act for him.

10.PERMITS AND RESPONSIBILITIES:

The CONTRACTOR shall, without additional expense to the COUNTY, be responsible for obtainingany necessary licenses and permits, and for complying with any applicable Federal, State, and Municipallaws, codes, and regulations in connection with the prosecution of the work. He shall be similarlyresponsible for all damages to persons or property that occurs as a result of his fault or negligence. Heshall take proper safety and health precautions to protect the work, the workers, the public, and theproperty of others. He shall also be responsible for all materials delivered and work performed untilcompletion and acceptance of the entire construction work, except for any complete unit of constructionthereof which theretofore may have been accepted.

11.

CONDITIONS AFFECTING THE WORK:

The CONTRACTOR shall be responsible for having taken steps reasonably necessary to ascertain thenature and location of the work, and the general and local conditions which can affect the work or thecost thereof. Any failure by the CONTRACTOR to do so will not relieve him from responsibility forsuccessfully performing the work without additional expense to the COUNTY. The COUNTY assumesno responsibility for any understanding or representations concerning conditions made by any of itsofficers or agents prior to the execution of this contract, unless such understanding or representations bythe COUNTY are expressly stated in the contract.

12.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 employeesand carefully fit his own work to such additional work as may be directed by the CONTRACTINGOFFICER. 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 ofwork by any other CONTRACTOR or by employees.

13.PATENT INDEMNITY:


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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 disposalby or for the account of the COUNTY of supplies furnished or construction work performed hereunder.

14.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, orcontingent fee, excepting bona fide employees or bona fide established commercial or selling agenciesmaintained by the CONTRACTOR for the purpose of securing business. For breach or violation of thiswarranty the COUNTY shall have the right to annul this contract without liability or in its discretion todeduct from the contract price or consideration, or otherwise recover, the full amount of suchcommission, percentage, brokerage, or contingent fee.

15.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. TheCONTRACTOR will take affirmative action to ensure that applicants are employed, andthat 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, thefollowing: employment, upgrading, demotion, or transfer; recruitment or recruitmentadvertising; layoff or termination; rates or pay or other forms of compensation; andselection for training, including apprenticeship.

B. The CONTRACTOR will, in all solicitations or advertisements for employees placed byor on behalf of the CONTRACTOR, state that all qualified applicants will receiveconsideration 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 withwhich he has a collective bargaining agreement or other contract or understanding, anotice, to be provided by the CONTRACTING OFFICER advising the labor union orworker's representative of the CONTRACTOR'S commitments under this EqualOpportunity article, and shall post copies of the notice in conspicuous places available toemployees and applicants for employment.

D. In the event of the CONTRACTOR'S noncompliance with the Equal Opportunity articleof 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.16.SUSPENSION OF WORK: (not applicable to RFQ 14-11)

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 he may determineto 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


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administration of this contract, or by his failure to act within the time specified in thiscontract (or, if no time is specified, within a reasonable time), an adjustment shall bemade for any increase in the cost of performance of this contract (excluding profit)necessarily caused by such unreasonable suspension, delay, or interruption and thecontract modified in writing accordingly. However, no adjustment shall be made underthis article for any suspension, delay, or interruption to the extent (1) that performancewould have been so suspended, delayed, or interrupted by any other cause, including thefault or negligence of the CONTRACTOR or (2) for which an equitable adjustment isprovided 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 CONTRACTINGOFFICER in writing of the act or failure to act involved (but this requirement shall notapply as to a claim resulting from a suspension order), and (2) unless the claim, in anamount stated, is asserted in writing as soon as practicable after the termination of suchsuspension, delay, or interruption, but not later than the date of final payment under thecontract.

17.

SUBCONTRACTORS:Subsequent to the award, the CONTRACTOR shall, submit for approval a complete list ofsubcontractors who will be engaged by him in the execution of the work. After the list of subcontractorshas been approved, no changes shall be made in it without the permission and approval of theCONTRACTING OFFICER. The CONTRACTING OFFICER will, however, permit theCONTRACTOR to take the work out of the hands of any or all of the subcontractors and complete ithimself if for any reason it becomes necessary or desirable for him to do so. That portion of thespecifications beginning with the CONSTRUCTION SPECIFICATIONS, if included in thesedocuments, is arranged for editorial convenience only, the divisions thereof are not to be construed inthe whole as the complete representation of the work, nor individually as authorization or approval bythe COUNTY to subdivide the CONTRACTOR'S responsibilities into subcontracts related to such

division. Nothing contained in the contract documents shall create any contractual relationship betweenany subcontractor and the COUNTY.

18.FAIR TREATMENT OF SUB CONTRACTORS AND VENDORS:

A. The Contractor must make payment to any sub-contractor or vendor within fifteen (15) businessdays of receiving payment from the County for a Contractor invoice submitted to the County thatbilled 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 ratesimposed upon the Contractor by the County.

19.SPECIFICATIONS, STANDARDS, AND FORMS: (not applicable to RFQ 14-11)

Specifications and also standards of associations, societies, and laboratories referred to in thesespecifications 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 obtaineddirectly from such organizations.

The COUNTY shall not be responsible for furnishing any drawing, specification, or published materialnot specifically identified in the Special Provisions of these specifications.


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20.WORKING HOURS PER DAY: (not applicable to RFQ 14-11)

The normal number of working hours per day on this contract will be limited to eight (8), unlessotherwise authorized by the CONTRACTING OFFICER.

21.SATURDAYS, SUNDAYS, HOLIDAYS, AND NIGHT WORK:

(Not applicable to RFQ 14-11)

The CONTRACTOR will not be permitted to do any work which requires the services of theCOUNTY'S inspection supervisory forces on Saturdays, Sundays, or holidays unless otherwiseauthorized by the CONTRACTING OFFICER in writing. However, the CONTRACTOR, with verbalpermission 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 fideemergencies, sound judgment shall be exercised.

22.CONTRACTOR RESPONSIBLE FOR OVERTIME COST:

(not applicable to RFQ 14-11)

In cases where the CONTRACTOR desires to work in excess of the normal number of working hoursper day and/or on designated COUNTY holidays, Saturdays, or Sundays, the CONTRACTOR shallsubmit such requests in writing to the CONTRACTOR at least three (3) days in advance of therequested extended working hour period. The CONTRACTOR shall include with the request thespecific tasks or operations to be performed during the proposed period of extended working hours. TheCONTRACTOR shall be responsible for all costs incurred by the COUNTY in providingsuperintendence and inspection services to accommodate the CONTRACTOR in working extendedhours including premium time, quality control testing, per diem, and miscellaneous expenses. TheCOUNTY shall, with documentation, deduct the said monies for superintendence and inspection of theCONTRACTOR'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. TheCONTRACTOR expressly agrees to the deductions from payments due in accordance with thefollowing fee schedule for those services as deemed necessary by the COUNTY:

COUNTY Staff ................... Actual Cost of StaffMiscellaneous........................Actual Cost of StaffOther .....................................Actual Cost of Staff

23.EMERGENCY WORK: (not applicable to RFQ 14-11)

In case of an emergency, when work requiring supervision by the COUNTY or the CONTRACTOR isto be performed on Saturdays, Sundays, holidays or for longer than eight (8) hours per day, theCONTRACTOR shall request permission of the CONTRACTING OFFICER to do so. If, in the opinionof the CONTRACTING OFFICER, the emergency is bona fide, he will grant permission to theCONTRACTOR to work such hours as may be necessary. Also if, in the opinion of theCONTRACTING OFFICER, a bona fide emergency exists, he may direct the CONTRACTOR to work

such hours as may be necessary whether the CONTRACTOR requests permission to do so or not.

24.OPERATING AND RESTORATION: (not applicable to RFQ 14-11)

The CONTRACTOR shall so conduct his operation as not to interfere with or endanger the ordinary useof existing structures, roads, utilities, and other facilities. The CONTRACTOR shall provide andmaintain all temporary roadways which may be authorized and all control and safety devices necessaryto maintain traffic, safety and the optimum normal use thereof. Equipment, operations, and materialsshall be confined to the limits defined by the CONTRACTING OFFICER.


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The site of the work and facilities required to be constructed under the contract shall be maintained in aclean, orderly, and safe condition. Rubbish, surplus materials, and excess equipment shall not bepermitted to accumulate during the progress of the work.

After each facility is completed and after all the work under the contract has been completed, thestructure, facility, temporary facilities, barricades, toilets, and all the premises shall be left clean and in acondition satisfactory to the CONTRACTING OFFICER.The CONTRACTOR shall restore at his expense any damage to any property, including damage totrees, shrubs, ground cover, and other vegetation, and the CONTRACTOR shall save and hold theCOUNTY free from all claims for damages or injury to all persons or property caused or alleged to havebeen caused by the CONTRACTOR, his agents, employees, workmen, and subcontractors in theexecution of this contract.

25.WORK STOPPAGE BY THE COUNTY: (not applicable to RFQ 14-11)

The CONTRACTING OFFICER, by issuance of a stop work order, may direct the CONTRACTOR tosuspend any work that may be subject to damage because of weather conditions.

26.

SAFETY AND HEALTH:The CONTRACTOR shall conduct his operations, including those involving machinery and self-propelled vehicles and equipment in order to protect the lives and health of employees and otherpersons; prevent damage to property, materials, supplies, and equipment; and to avoid workinterruptions; and the CONTRACTOR shall, in the performance of this contract, comply with theapplicable provisions of Federal, State and Municipal safety, health and sanitation laws and codes, andshall otherwise furnish and employ such additional safeguards, safety devices, protective equipment andmeasures, and fire preventive and suppressive measures and equipment as shall be necessary for theprotection of property and for the life and health of personnel. The CONTRACTOR shall, after receiptof notice of deficiencies, immediately correct the conditions to which attention has been directed. Suchnotice when served on the CONTRACTOR or his representative at the site of work shall be deemed

sufficient.

If the CONTRACTOR fails or refuses to comply promptly with requirements, the CONTRACTINGOFFICER may issue an order to suspend all or any part of the work. When satisfactory corrective actionis taken, an order to resume work will be issued. No part of the time lost due to any such suspensionorder shall entitle the CONTRACTOR to any extension of time for the performance of the contract or toexcess costs or damages.

The CONTRACTOR shall maintain an accurate record of and shall report to the CONTRACTINGOFFICER in the manner and on the form prescribed by the CONTRACTING OFFICER, all cases ofdeath, 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 outof or in the course of fires or employment incident to performance of work under this contract.

27.INSURANCE:

A. Workmans Compensation:Prior to executing the CONTRACT, the CONTRACTOR shall furnish compensationinsurance for employees engaged in this work, shall comply with the Workmen'sCompensation Laws of the State of Maryland and shall give proof of such insurancesatisfactory to the CONTRACTING OFFICER.


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B. Liability:The CONTRACTOR shall procure and shall maintain such insurance as will protect himfrom any claims because of bodily injury (including death) and property damage whichmay arise from and during the operation of this contract, and shall give proof of suchinsurance satisfactory to the CONTRACTING OFFICER. As a minimum insurancerequirement the CONTRACTOR shall procure and maintain for the life of the contractLiability Insurance, Vehicle Liability Insurance, and Property Damage Insurance in thefollowing amounts: $1,000,000 for injuries, including accidental death, to any person,and subject to the same limit for each person, in an amount not less than $2,000,000 onaccount of one accident; and not less than $2,000,000 Comprehensive General Liabilityinsurance.

28.ADVERTISING: (not applicable to RFQ 14-11)

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

29.

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.

30.INSPECTION AND ACCEPTANCE OF WORK:

All work on improvements shall be subject to inspection by the CONTRACTING OFFICER during andupon completion of construction and to approval and acceptance by such representative on behalf of theCOUNTY, 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, theCONTRACTOR 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 finalinspection have been corrected, acceptance will be given in writing, but until such acceptance, theCONTRACTOR shall be responsible for the work covered by this contract.

31.ERRORS AND OMISSIONS:

The CONTRACTOR shall, immediately upon his discovery of any statement or detail which isdiscrepant or which otherwise appears to be in error, bring the same to the attention of theCONTRACTING OFFICER for decision or correction. Full instructions will always be given if sucherror or omission is discovered.

32.INTENT OF SPECIFICATIONS:

It is the spirit and intent of these documents, specifications, and of the drawings forming part of them, toprovide that the work and all parts thereof shall be fully completed and suitable in every way for thepurpose for which designed, and that all parts of the work shall be of a quality be of a qualitycomparable and consistent with the general quality of the facility being constructed. TheCONTRACTOR shall supply all materials and do all work which reasonably may be implied as beingincidental to the work of this contract.


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33.DISPUTES:

A. Except as otherwise provided in this contract, any dispute concerning a question of factarising under this contract which is not disposed of by agreement shall be decided by theCONTRACTING OFFICER who shall reduce his decision to writing and mail orotherwise 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 mailsor otherwise furnishes to the CONTRACTING OFFICER a written appeal addressed tothe COUNTY. The decision of the COUNTY for determination of such appeals shall befinal and conclusive. In connection with any appeal proceeding under this article, theCONTRACTOR shall be afforded an opportunity to be heard and to offer evidence insupport of his appeal. Pending final decision of a dispute hereunder, the CONTRACTORshall proceed diligently with the performance of the contract and in accordance with theCONTRACTING 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.

34.COMPLIANCE WITH FEDERAL EMPLOYMENT REGULATIONS:

A. Federal law requires that employers must verify that an individual whom they plan toemploy or continue to employ in the United States is authorized to accept employment inthe United States.

B. By submitting a bid/proposal in response to this solicitation, the bidder/Contractorcertifies 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 whoseemployment is in violation of State or federal law. The Contractor has sole responsiblefor 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 theappropriate authorities.

* * * * * END OF GENERAL PROVISIONS * * * * *


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PART III - SPECIFICATIONS


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SPECIFICATIONS

The Charles County Department of Public WorksFacilities Department is requesting a quote toprovide one (1) Emergency Generator to be delivered to Charles County Health DepartmentAnnex Building, 10480 Theodore Green Boulevard, White Plains, MD 20695.

Delivery must be within ninety days (90) after notice of award. The description and quantitiesdescribed in these documents are the Countys best estimates of their total requirement.

1.1 General

A. Furnish a diesel engine driven power generation set and automatic transfer switchas hereinafter specified.

B. The engine generator set shall be a completely factory-assembled and tested unit.

C. The generator set shall be a product of a single manufacturer who has been incontinuous production of units of these size and type for a period of not less than five (5)years.

D. The manufacturer of the generator set shall also be the manufacturer of either theengine or generator or both.

E. The generator set supplier shall maintain a 24 hour service facility within a 100mile radius of the project site. Service trucks shall be stocked with adequate replacementparts to cover the common service equipment failures. The service facility shall bestocked with replacements parts for all unit types that they provide service for, plus 48

hour delivery service of parts form the generator set manufacturer.

F. All generator construction and tests shall be in strict accordance with DEMA,NEMA, and IEE Standards.

G. The manufacturer of the engine generator sets shall furnish all unit-starting andcontrol panels and assume full responsibility for the correct operation of the completesystems.

H. The generator set shall be mounted in perfect alignment on all welded structuralsteel skid type sub-base. Unit shall be provided with spring-type vibration isolators.

I. Generator set shall be standby rated, 200kW, 250kVA, three phase, four wire, 60hertz, 208/120 volts.

J. Furnish a generator set as manufactured by Cummins, Kohler, or equal.

K. The generator set shall be delivered to the Charles County Health DepartmentAnnex Building located at 10480 Theodore Green Boulevard, White Plains, Maryland


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20695. The delivery shall be fully coordinated with the Charles County DPW/Buildingand Trades Department. The generator supplier shall contact the Building and TradesDepartment one (1) week prior to the anticipated delivery date via the following phonenumbers: 301-399-2724 or 240-299-1002.

1.2 Tests

A. Factory Test: Factory certified load test data shall be submitted for the unit toindicate its operating characteristics while delivering full load continuously for aminimum of two hours.

B. Start-Up/On-Site Test: The generator manufacturer shall provide start-up servicesand full load run tests once the generator installation is completed. Provide load bank toobtain full load test capacity if needed. Certification documentation shall be provided tothe Owner indicating unit is operating within the manufacturers specifications.

PART 2 - PRODUCTS

2.1 ENGINE

A. The generator shall be driven by a single engine at an engine speed not greaterthan 1800 rpm. It shall operate satisfactorily on a commercial grade of No. 2 diesel fueland shall not require a premium fuel such as kerosene. The diesel engine shall be of thevertical, four cycle, multi-cylinder, solid injection, water-cooled, diesel fuel type, withmoving parts housed. The lubrication system shall be of the forced feed type.

B. The engine shall be furnished with the following accessories:

1. Replaceable full-flow oil filters, lube oil pump and oil drain valve withhose extension.

2. Replaceable dry element or wetted air cleaners.3. Replaceable fuel filters.4. Electronic governor to control engine speed.5 Electric starting system including starting motor, batteries, cables and

battery holder.6. Safety device to protect the engine against high water temperature, low

lubricating oil pressure, over speeding and over cranking.7. Thermostatically controlled jacket water heaters to maintain engine jacket

at 90F. Heaters shall be suitable for 120 volt, single phase operation.8. Anti-freeze solution for -30 degrees ambient for cooling system.9. Engine instrument panel with oil pressure gauge and water temperature

gauge.


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2.2 GENERATOR

A. The generator shall operate at a speed not greater than 1800 rpm and shall becoupled to engine with flexible coupling. The generator shall be of the self-regulated typeutilizing either brushless direct connected A-C exciter used with rotating rectifiers or

static-exciter regulator assembly. The automatic voltage regulator shall include a manualvoltage adjusting rheostat which will provide control of the terminal voltage from 5percent above to 5 percent below the rated value for any load within the generator rating.The generator output voltage shall be maintained within plus or minus 2 percent of ratedvoltage under steady-state conditions of load between no load and full load. Thegenerator output voltage shall recover to within plus or minus 2 percent of the finalvoltage in 4 seconds or less following the sudden application or removal of 25 percentincrements of rated load. Insulation system shall be Class F as specified by NEMA

MGI-1.65. Temperature rise shall be within ratings defined by NEMA Standard NGI-22.40

2.3 CONTROLS

A. A generator-mounted solid state control and starting panel shall be provided forthe unit, incorporating complete controls for all functions of the generator set andassociated mechanisms. The panel shall be of the dead front type, NEMA 1 constructionand shall be mounted and wired to the generator set by the engine generator setmanufacturer. The Control panel shall be complete with, but not limited to, the followingcomponents:

1. Ammeter2. Voltmeter3. Ammeter and Voltmeter and phase selector switches4. Voltage regulating rheostat5. Generator line circuit breaker (sized as indicated)6. All necessary current and potential transformers7. Frequency meter8. Running time meter9. Trouble indicating lights for engine low oil pressure, high water

temperature, over speed and over crank.10. A 3-position selector switch providing for run, stop, and remote

positions.11. 12 V. DC circuitry with a normally open contact for operation of the

generator trouble alarm light due to the conditions listed in item 9 above.12. Automatic engine starting controls as hereinafter specified.

a. The starting controls shall be operated from a contact provided onthe automatic transfer switch. When the engine starts, the startingcontrols shall be disconnected automatically. If the engine fails tostart or any safety device should operate while the engine isrunning, the engine shall stop immediately and starting controls


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locked out until manually reset. The starting controls shall beequipped with a cranking limiter which will open the startingcircuit in approximately 45 to 90 seconds if the engine fails to startwithin that time.

2.4 BATTERY CHARGER

A. Provide a current limiting, constant voltage battery charger to automaticallymaintain the operating voltage of the starting batteries. Charger shall be of the float typewith built-in equalizer-charger timer. The battery charger shall be included built-inoverload protection, silicone diode full wave rectifiers, voltage surge suppressors, voltageregulators, D.C. ammeter and voltmeter and fused AC input. Charger shall be suitable for120 volt AC input.

2.5 UNIT ENCLOSURE/SUB-BASE FUEL TANK

A. The generator set shall be housed in a ruggedly constructed, heavy gaugealuminum, pre-painted (Manufacturers Standard Color), sound attenuating, weatherproofand vermin-proof enclosure. A critical grade exhaust silencer shall be housed within theenclosure. The enclosure shall have inspection doors located for easy access to controlequipment and maintenance points. Doors shall be complete with continuous piano hingeand latching type key locking handles. Expanded metal louvers shall be provided for airintake and radiator discharge. The enclosure shall be sized to house the various controlcomponents herein specified. Mounting of component shall be accomplished in such away that vibration effect is not an inherent problem. Enclosure shall be Cummins LevelII, or equal.

B. Sub-Base Diesel Fuel Storage Tank: Generator set shall be provided completewith an in-skid sub-base fuel tank. Tank shall be of double wall construction andfabricated of corrosion-resistant steel. Tank shall be complete with fill, supply, return,and vent lines and a direct reading level gauge. Tank size shall be 336 gallon capacity.

2.6 Automatic Transfer Switch

A. Furnish a NEMA 3R enclosed, open-transition, 600-ampere, 208/120 volt, threephase, four wire, automatic transfer switch as hereinafter specified.

B. The switch shall be suitable for continuous operation. The transfer switch shall bearranged to close a pilot contact for remote starting of the generator, after a time delay of30 seconds, adjustable from .5 to 60 seconds, after power failure or drop in any phasevoltage to 70 percent of line voltage. During the delay period, the load circuits shall notbe disconnected from the normal service lines.

C. When the generator is delivering not less than 95 percent of rated voltage andfrequency, the load circuits shall be transferred. Retransfer to normal service shall beautomatic when full line voltage and phase are restored after a time delay of 0 to 30


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minutes (set at 10 minutes). Provision shall also be made for manual transfer to thegenerator. After transfer to normal source, the generator shall continue to run for tenminutes (adjustable 0 to 60 minutes) unloaded, shall shut down, and shall be ready tostart upon the next failure of the normal source or for manual startup. If the generator setshould fail while carrying the load, retransfer to the normal source shall be made

instantaneously upon restoration of the normal power. The pickup and drop-out settingsof the phase voltage-sensing relays shall be completely adjustable in the field from 70percent to

14-11 health department emergency generator - 130724 - final

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