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Resolution Agreement Title Ii Ada Contractor Clause

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Resolution Agreement Title Ii Ada Contractor Clause Powered By Docstoc
					                                     RFP 10-06
            Design, Permit & Construct Bus Canopies and Fuel System Area




           CECIL COUNTY GOVERNMENT
                 DEPARTMENT OF
     SENIOR SERVICES AND COMMUNITY TRANSIT




              REQUEST FOR PROPOSAL
                    RFP 10-06




          REQUEST FOR PROPOSAL:
        DESIGN, PERMIT & CONSTRUCT
    BUS CANOPIES AND FUEL SYSTEM AREA




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                                                RFP 10-06
                       Design, Permit & Construct Bus Canopies and Fuel System Area



                            Cecil County Government
                                   TABLE OF CONTENTS

TITLE:                                                                                PAGE:

I. PURPOSE                                                                             5
II. OBJECTIVE                                                                          5
III. INQUIRIES                                                                         5
IV. METHOD OF SOURCE SELECTION                                                         5
V. PROPOSAL SUBMITTAL REQUIREMENTS                                                     6
        -Proposal                                                                      6
VI. EXAMINATION OF SITE AND DATA                                                       6
VII. NON-RESIDENT CONTRACTOR NOTIFICATION                                              6-7
VIII. DETERMINATION OF RESPONSIBILITY                                                  8
        -Certification of Vendor’s Qualifications                                      8
IX. VENDOR’S CERTIFICATION                                                             9
X. SCOPE OF WORK                                                                       10
        -General Concepts                                                              10
XI. CONSTRAINTS OF THE SUCCESSFUL OFFEROR                                              11
        -Permits                                                                       11
        -Warranty                                                                      11
        -Vendor’s Responsibility                                                       11
        -Annulment of Contract                                                         11
        -Approximate Quantities                                                        11
        -Personal Liability of Public Officials                                        12
        -Vendor Registration                                                           12
XII. Vendor Personnel Requirements                                                     12
        -Affirmative Action Policy                                                     12
        -Subletting of Contract                                                        12
        -Responsibility for Complete Project                                           12
XIII. RESPONSIBILITIES OF THE ORGANIZATION                                             12
        -Inspection                                                                    12
XIV. AGREEMENT OF TERMS AND CONDITIONS                                                 13
        -Proposal                                                                      13 - 14
        -Method of Payment                                                             14
        -Claims                                                                        14
        -Disputes                                                                      14
        -Permits                                                                       14
        -Transportation                                                                15
        -State of MD Sales and Use Tax…                                                16 - 17
XV. INSURANCE REQUIREMENTS                                                             18
        -Worker’s Compensation and Employer’s Liability Insurance                      18
        -Bodily Injury, Liability and Property Damage Liability Insurance              18 - 19
XVI. BONDING REQUIREMENTS                                                              19
        -Certified Check or Proposal Bond                                              19
        -Contract Payment and Performance Bond                                         19
XVII. INSTRUCTIONS FOR PROPOSAL                                                        20
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                                             RFP 10-06
                    Design, Permit & Construct Bus Canopies and Fuel System Area


                           TABLE OF CONTENTS (con/t)

TITLE:                                                                             PAGE:

XVIII. COMPLIANCE WITH THE RFP.                                                     20
XIX. PROPOSAL DEADLINE                                                              20
       -Prosecution of Work                                                         20
       -Failure to Complete Work on Time                                            20
       -Liquidated Damages                                                          20 - 21
XX. REVISIONS DUE TO AMBIGUITY, CONFLICT, OR
     OTHER ERRORS IN RFP                                                            22
XXI. IMPLIED REQUIREMENTS                                                           22
XXII. PROPOSALS AND PRESENTATION OF COSTS                                           22
XXIII. REJECTION OF PROPOSALS                                                       22
XXIV. EXCEPTIONS TO FORMAT                                                          22
XXV. REQUESTS FOR CLARIFICATIONS                                                    22
XXVI. VALIDITY OF PROPOSALS                                                         23
XXVII. PROPOSAL SUBMITTAL FORMAT                                                    23
XXVIII. PROPOSAL COST SHEET                                                         24
XXIX. EVALUATION OF PROPOSAL AND AWARD                                              25
       -Method of Award                                                             25
       -Basis of Award                                                              25
       -Qualifying Proposal                                                         25
       -Mandatory Requirements                                                      25
       -Technical and Financial Evaluation                                          26
       -Oral Presentation                                                           26
       -Evaluation                                                                  26 - 27
       -Final Selection                                                             27
       -Schedule of Events                                                          27
       -Discussions                                                                 28
       -Negotiations                                                                28
XXX. TERM OF CONTRACT                                                               28
XXXI. NOTICE TO PROCEED                                                             28
XXXII. PROPOSAL PROTEST                                                             28 - 29
XXXIII. ADDITIONAL REQUIREMENT/INFORMATION CLAUSES                                  29
       - No Federal Government Obligations to Third Parties                         29
       - False Statements or Claims Civil and Criminal Fraud                        29 - 30
       - Access to Third Party Contract Records                                     30 - 31
       - Changes to Federal Requirements                                            31
       - Termination                                                                31 - 34
       - Civil Rights                                                               35 - 36
       - Disadvantage Business enterprises (DBEs)                                   36 - 37
       - Incorporation of FTA Terms                                                 37
       - Suspension and Debarment                                                   37
       - Buy America                                                                38
       - Resolution of Disputes, Breaches, or Other Litigation                      38 - 39
       - Lobbying                                                                   39 - 40
       - Clean Water                                                                41
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                                              RFP 10-06
                     Design, Permit & Construct Bus Canopies and Fuel System Area


      - Clean Air                                                                   41
      - Davis-Bacon Act- Copeland Anti-Kickback Act                                 41 - 47
      - Contract Work Hours and Safety Standards Act                                48
      - Bonding                                                                     48 - 51
      - Seismic Safety                                                              51
      - Energy Conservation                                                         52
      - Recycled Products                                                           52
      - ADA Requirement                                                             52 - 53
      - Federal Participation Clause                                                53
Indemnity/Hold Harmless Agreement Sheet                                             54
Vendor’s Proposal Checklist                                                         55
Request for Proposal (RFP) Advertisement                                            56 - 57
ATTACHMENTS - Project Locations                                                     A&B




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                                                RFP 10-06
                       Design, Permit & Construct Bus Canopies and Fuel System Area


I. PURPOSE:

The Cecil County Government is requesting proposals and/or presentations for the
“Design, Permit and Construct Two (2) Bus Shelter Canopies and One (1) Each
Combination Gas/Diesel Pumps and Associated Landscaping and Parking Lot Repair” as
specified within the Scope of Work from qualified firms, individuals, etc. having specific
experience identified in the Request for Proposal (RFP).

II. OBJECTIVE:

The objective of this Request for Proposal (RFP) is for Cecil County Government to select
a Respondent to design, permit & construct a new Bus Shelter Canopy and Fuel area
located at 200 Chesapeake Blvd., Elkton, MD 21921(location attachments), consisting of
approximately a covered area of 30’ x 120’x 14’ and one combination above ground
gas/diesel tanks (approx. 10,000 to 4,000 gallons, respectively) and all landscaping and
repair of existing area.

It is the intent of the Cecil County Government to execute an agreement with the most
qualified team that presents an economically viable proposal. To that end, Cecil County
Government supports and encourages the formation of teams that maximizes the
qualifications of the respondents in all aspects of development including designing,
permitting & construction.

The composition of the Respondent’s team or team configuration shall be clearly defined
and stated with the proposal. The past experience and qualifications of the team shall be
detailed in the proposal.

III. INQUIRIES:

All inquiries, questions, etc. concerning the RFP shall be forwarded to Pamela Lowe,
Purchasing Assistant by e-mail (plowe@ccgov.org / cc dpyle@ccgov.org) or call 410-
996-5396 or mail requests to Purchasing Office, 200 Chesapeake Blvd, Suite 1400, Elkton,
Maryland 21921. All questions shall be in writing. Any changes to the RFP will be in
writing, documented and forwarded to all participating vendors of the RFP as soon as
possible. Major changes or an excessive number of changes may result in cancellation of
the existing RFP.

IV. METHOD OF SOURCE SELECTION:

The Cecil County Government is required to adhere to the Code of Cecil County, Section
183; Purchasing, concerning good public purchasing practices. All available information
may be reviewed on the Cecil County Government website (www.ccgov.org).




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                                                RFP 10-06
                       Design, Permit & Construct Bus Canopies and Fuel System Area


V. PROPOSAL SUBMITTAL REQUIREMENTS:

                                           PROPOSAL

Prospective packages shall be submitted in a sealed envelope clearly marked in the lower
left-hand corner “RFP 10-06; Bus Canopies and Fuel System Area” no later than 1:30
p.m. on December 9, 2009. No proposal will be accepted after 1:30 p.m. and all
proposals shall be delivered to the Purchasing Office, 200 Chesapeake Blvd, Suite 1400,
Elkton, Maryland 21921. All material submitted will become the property of the Cecil
County Government and the only information available at the proposal opening will be the
names of vendors submitting proposals. No facsimile of proposals will be accepted.

A Pre-Proposal meeting will be held at the Cecil County Administration Building, 200
Chesapeake Blvd, Elkton, MD 21921 on November 19, 2009 at 10:00 a.m. in the
Perryville Conference Room. It is highly suggested that ALL vendors submitting
proposals attend this meeting. It is requested that Respondents prepare their questions in
writing and submit them to the Purchasing Agent prior to the conference. A site visit will
commence immediately following the Pre-Proposal meeting. Additional visits shall be
coordinated and scheduled through the County Facilities Management Office at 410-996-
5275.

VI. EXAMINATION OF SITE AND DATA

Before submitting proposals, prospective vendors shall carefully examine the Proposed
Contract Documents, inspect the site of proposed installations, acquaint themselves with
all governing laws, ordinances, etc. and otherwise thoroughly familiarize themselves with
all matters which may affect the performance of the work. The act of submitting a
proposal shall be considered as meaning that the vendor has so familiarized himself and,
therefore, no concession will be granted by the County because of any claim of
misunderstanding or lack of information. Vendors are expected to read and study all
specifications with special care and to observe all their requirements. Discrepancies,
ambiguities, errors or omissions noted by vendors should be reported promptly to the
County for correction or interpretation before the date of the opening of proposal.

VII. NON-RESIDENT CONTRACTOR NOTIFICATION:

At the request of the Maryland State Comptroller of the Treasury, a list of all Non-
Resident Contractors awarded a contract for the improvement of real property in the
amount of $500,000 dollars or more and all Non-Resident sub-contractors that equals or
exceeds $50,000 or reasonably can be expected to equal or exceed $50,000 shall be
forwarded by the Cecil County Government to the Maryland State Comptroller of the
Treasury, Compliance Division, 301 W. Preston Street, Room 407, Baltimore MD 21201.
The notification shall be forwarded by the Cecil County Government once the “Notice to
Proceed” is sent and shall include the following information:
       - Type of Project
       - Site Address
       - Contractor’s Name and Address
       - Date of the Contract
       - Contracted Amount
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                                                 RFP 10-06
                        Design, Permit & Construct Bus Canopies and Fuel System Area


- “Non-Resident Contractor” is defined as a contractor that does not maintain a regular
place of business in the State of Maryland.
- “Regular place of business” is defined as: 1) a bona fide office, other than a statutory
office, 2) a factory, 3) a warehouse, or 4) any other space in this state, which a person is
doing business in its own name in a regular and systematic matter and that is continuously
maintained, occupied and used by the person carrying on its business through its regular
employees regularly in attendance.




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                                                      RFP 10-06
                             Design, Permit & Construct Bus Canopies and Fuel System Area


VIII. DETERMINATION OF RESPONSIBILITY:
                    CERTIFICATION OF VENDOR’S QUALIFICATIONS
    All applicable questions must be answered and included with the RFP. The data given must be
    clear and comprehensive. A copy of the Vendor’s State of Maryland Construction Firm
    License or required applicable license shall be attached to this form. Information concerning
    this license can be obtained from Cecil County Clerk of the Court’s Office at (410) 996-5373.
    You can also receive information necessary for corporations to do business in the State of
    Maryland from the State of Maryland Sales and Use Tax Division. Ask for a Corporation
    Qualifying Package at (410) 225-1340. All vendors shall ensure they are qualified to do
    business within the State of Maryland. Businesses established outside the State of Maryland
    must be qualified as a Foreign Business to be eligible to provide service within the State of
    Maryland. Questions concerning Foreign Businesses may be referred to (410)-767-1170.

    1.   Name of Contract: Design, Permit and Construct Bus Canopies and Fuel System
    2.   Contract No.: RFP #10-06
    3.   Name of Vendor:_______________________________________________
    4.   State of Maryland Construction Firm License No.:____________________
    5.   Business Address: ___________________________________________
                                ___________________________________________
    6. When Organized:_____________________________________________
    7. Where Incorporated:___________________________________________
    8. Foreign Business No.: _________________________________________
    9. Has the Vendor paid any sales tax on the equipment to be used on the project?
         Yes _______________No __________________
    10. If so, at what rate was the sales tax paid? __________________________
         _____________Percent to State of_______________________________
    11. How many years has the bidder been engaged in this business under your present firm name?
         ___________________________________________
    12. Have you ever refused to sign a contract at your original RFP/Bid?
         Yes _____________No _______________
    13. Have you ever defaulted on a contract? Yes ____________No ________________
         Remarks: ___________________________________________________
    14. Will you, upon request, furnish any other pertinent information that Cecil
         County Government may require? Yes ____________No __________________
    15. Does your business maintain a regular place of business in the State of Maryland (Resident) _______
    or would your business be considered Non-Resident ______?
    16. Has the vendor or firm ever been disbarred, suspended or otherwise prohibited from doing work with
    the federal government. Yes ____          No ____
    (If yes, explain _______________________________________________________)

    With the submission of this certification, the bidder thereto certifies that the information supplied is, to
    the best of your knowledge, accurate and correct.

    Dated this _________ day of _________________, 2009.

                                                                    _________________________
                                                                    (Name of Bidder)
                                                                    By: _______________________
                                                                    Title: ______________________




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                                               RFP 10-06
                      Design, Permit & Construct Bus Canopies and Fuel System Area


IX. VENDOR CERTIFICATION

The above statements are certified to be true and accurate and we have the equipment,
labor, supervision and financial capacity to perform this Contract.

Dated at _______________ this __________ day of ________________, 20__.

                                                   By: _____________________________

                                                   ________________________________
                                                        (Title of Person Signing)

                                                   ________________________________
                                                         (Name of Organization)

State of ________________

County of _______________, ss.

___________________being duly sworn, states he is __________________ of
                                                              (Office)
_______________________ and that the answers to the foregoing questions and all
statements therein contained are true and correct.




       Sworn to before me this ____________ day of _______________ 20__.



                                                   _______________________________
                                                         Notary Public

                                                   _______________________________
                                                    (My Commission Expires:        )




                                                   (NOTARY SEAL)




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                                                RFP 10-06
                       Design, Permit & Construct Bus Canopies and Fuel System Area


X. SCOPE OF WORK:

                                  GENERAL CONCEPTS

The following general minimal requirements shall be used to formulate the vendor’s
proposal:

Design and construct two (2) bus shelter canopies measuring approx 30’ x 120’x 14’H
each, (must be verified on-site) and an above ground gas/diesel fueling station. The
County will be open for discussion of best place for pump location.

Canopies shall include:
   1. Design of canopies to be with a slanted roof-design (examples to be shown at pre-
      proposal meeting).
   2. PTZ CCTV cameras compatible with existing system to cover entire parking and
      fueling area.
   3. 120v power to each parking stall mounted at wall listed below.
   4. Block heater timers for each stall.
   5. Water lines to each canopy with frost proof above ground faucets.
   6. Space for outdoor trash receptacles to match existing on-site.
   7. OPTIONAL ITEM: Approx. 30” high split-face CMU wall around perimeter of
      parking area under the canopies.
   8. Associated parking lot repair.
   9. Associated landscaping and grass repair.

Fueling station shall include:
   1. Above ground gasoline (10,000 gal.) and diesel (4,000 gal.) tanks (tank sizes are
       estimated). May be a combo or two (2) separate tanks.
   2. Fuel pump management system- Gasboy or equivalent. Must be compatible to
       existing County system. Cost shall be shown as a separate cost item.
   3. Relocation, if necessary, of existing recycling container and fence.
   4. Associated parking lot repair and striping.
   5. OPTIONAL ITEM: Canopy over fuel pumps.

   (Design services are to meet or exceed local, state and national codes for facility use.
   Work is to meet or exceed all applicable codes, manufacturers’ standards and industry
   standards, with the following information provided as a guideline only.)

The Contractor is required to provide conceptual drawings, sketches, etc. as part of
their proposal detailing the construction of their proposed building. After award and
approval of submitted drawings, the contractor shall provide a set of signed
engineered drawings signed by a Maryland Licensed Engineer prior to construction.
(See attachment #1 & #2 for proposed location of construction).

Contractor is responsible for adherence to any local zoning and/or permitting
requirements.
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                                                RFP 10-06
                       Design, Permit & Construct Bus Canopies and Fuel System Area


XI. CONSTRAINTS ON THE SUCCESSFUL OFFEROR:

                                             PERMITS

All required permits shall be obtained and paid for by the VENDOR, except those which
have been obtained by the County and are hereby made a part of this Contract.

                                          WARRANTY

The VENDOR shall warrant all work and shall guarantee to satisfactorily meet the
County’s requirements. The VENDOR shall provide all warranty information as part of
their proposal.

                            VENDOR’S RESPONSIBILITY

It shall be the VENDOR’s responsibility to schedule and coordinate all work to be
performed under this Contract to insure continuous and smooth operations of the work and
completion within the times specified in the proposal.

The Scope of Work is intended to cover the complete project. It shall be distinctly
understood that failure to mention any work, which would normally be required to
complete the project, shall not relieve the VENDOR of his responsibility to perform such
work.

                            ANNULMENT OF CONTRACT

Should the VENDOR fail to fully satisfy the customer, or to comply with orders of the
County, or to perform anew such work that has been rejected as defective and unsuitable,
or if the VENDOR shall become insolvent or be declared bankrupt or shall make an
assignment for the benefit of creditors or from any other cause shall not carry on the work
in an acceptable manner, the County shall have the right to annul its Contract and all
Departmental Contracts at the County’s convenience.

                            APPROXIMATE QUANTITIES

The VENDOR’s attention is called to the fact that the quantities given are estimated
quantities and are intended as a guide to the VENDOR but in no way bind or limit the
County to the actual amount of work to be performed or the quantity of material to be
furnished. Any estimates of quantities herein furnished by the County are approximate
only and have been used by the County as a basis for estimating the cost of the work and
will also be used for the purpose of tabulating and comparing the proposal and awarding
the Contract. The County has endeavored to estimate these quantities correctly according
to their knowledge and the information as shown; but, it is not guaranteed that these
estimated quantities are accurate and if the VENDOR, in making up and/or submitting his
proposal or proposal relies upon the accuracy of said estimated quantities, does so at his
own risk.



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                                                 RFP 10-06
                        Design, Permit & Construct Bus Canopies and Fuel System Area


                  PERSONAL LIABILITY OF PUBLIC OFFICIALS

In carrying out any of the provisions of this Contract or in exercising any power of
authority granted herein, there shall be no personal liability upon the County or its
authorized assistant, it being understood that in such matters he acts as the agent or
representative of the County.

                                VENDOR REGISTRATION

All vendors submitting a proposal shall provide proof of registration in the Central
Contractor Registration (CCR) and with Data Universal Numbering System (DUNNS).

XII. VENDOR PERSONNEL REQUIREMENTS:

                           AFFIRMATIVE ACTION POLICY

In accordance with Cecil County’s Affirmative Action policy against discrimination, no
person shall, on the grounds of race, color, creed, religion, sex, age marital status, national
origin, handicap or disability, be excluded from full employment rights in, participation in,
be denied the benefits of, or be otherwise subjected to discrimination. During the
performance of the work and services hereunder, the VENDOR, for themselves, their
assignees and successors in interest, agrees to comply with all federal, state, and local
nondiscrimination regulations.

                             SUBLETTING OF CONTRACT

The VENDOR shall not sublet, sell or assign all or any portion of the Contract, or the work
provided therein, without the consent of the County. When consent is given, subletting or
assigning more than fifty percent (50%) of the dollar value of the Contract work shall not
be permitted. Where Sub-Vendors are used, VENDOR shall submit all insurance
information for all Sub-Vendors.

                   RESPONSIBILITY FOR COMPLETE PROJECT

It is the responsibility of the VENDOR to perform the work under this Contract. If
mention has been omitted in the Contract Documents of any items of work or materials
usually furnished or necessary for the completion or proper functioning of the equipment,
it will be included by the vendor without extra payment.

XIII. RESPONSIBILITIES OF THE ORGANIZATION:

                                           INSPECTION

The County may appoint such persons as they may deem necessary to properly review the
proposal and presentation to select the best overall proposal for completion of the Master
Plan.



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                                                 RFP 10-06
                        Design, Permit & Construct Bus Canopies and Fuel System Area


XIV. AGREEMENT OF TERMS AND CONDITIONS:

                                            PROPOSAL

Made this _______________ day of _______________________, 2009. Business
Address__________________________________________________________________
_________________________________________________________________________

The VENDOR declares that the only person, firm, or corporation, or persons, firms, or
corporations, that has or have any interest in this proposal or in the Contract or Contracts
proposed to be taken is or are the undersigned; that this proposal is made without any
connection or collusion with any person, firm or corporation making a proposal for the
same work; that the attached specifications have been carefully examined and are
understood; that as careful an examination has been made as is necessary to become
informed as to the character and extent of the work required; and, that it is proposed and
agreed, if the proposal is accepted to contract with Cecil County, Maryland, in the form of
Contract heretofore attached, to do the required work in the manner set forth in the
specifications.

The proposal price on the attached and signed Proposal Forms is to include and cover the
furnishing of all equipment, materials and labor requisite and proper and the providing of
all necessary machinery, tools, apparatus and means for performing the work, and
described and shown in the plans and specifications within the prescribed time. If this
proposal shall be accepted by said County and the undersigned shall refuse or neglect
within ten days after receiving the Contract for execution to execute the same, and to give
stipulated bond, then said County may at their option determine that the VENDOR has
abandoned the Contract; and, thereupon, the proposal and the acceptance thereof shall be
null and void; and, the deposit accompanying the proposal shall be forfeited to and become
the property of the County.

In the case of firms, the firm’s name must be signed and subscribed to by at least one
member. In the case of corporations, the corporate name must be signed by some
authorized officer or agent thereof, who shall also subscribe his name and office. If
practical, the seal of the corporation shall be affixed.

I/We identify by number, date and number of pages the following addenda:

        No.                               Date                             No. of Pages
___________________                _______________                 ______________________
___________________                _______________                 ______________________
___________________                _______________                 ______________________




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                                                 RFP 10-06
                        Design, Permit & Construct Bus Canopies and Fuel System Area


The names and addresses of all members of a firm or the names, addresses and titles of
every officer of a corporation, as the case may be, must be given here by the member of the
firm or by the officer or agent of the corporation who signs the proposal.

_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________

                                  METHOD OF PAYMENT
All invoices shall be reviewed and approved by a VENDOR’s representative and the
County’s representative before submission. All invoices must be submitted to the Cecil
County Government, Department of Senior Services and Community Transit, Attn: Leslie
Gorack/Transit Supervisor, 200 Chesapeake Blvd., Elkton, MD 21921. All invoices will
be Net 30 and if time frame for completion is over thirty (30) days, payments and invoices
shall be equally submitted every thirty (30) days and the final payment upon final
acceptance of the final product.

                                               CLAIMS
Should the VENDOR believe that it is entitled to any additional compensation; the
VENDOR shall file a written notice of claim thereof with the County. Unless otherwise
specified, such notice shall be given no later than twenty (20) days after the onset of such
alleged damages, losses, expenses or delays.

                                             DISPUTES
If the VENDOR disagrees with the County’s final decision on a claim for an equitable
adjustment in the Contract amount of time or any other decision of the County specified to
subject to the “Disputes” process, the VENDOR’s sole recourse shall be to file suit within
thirty (30) days after the date of issuance of the decision. In the event the County fails to
issue a timely decision on a claim, the VENDOR’s suit must be filed within thirty (30)
days after the date the claim is deemed as having been denied under “Claims”. If the
VENDOR does not file suit within the thirty (30) day period, the VENDOR shall be
deemed to have waived the right to file suit and the County’s final decision shall be
binding and conclusive on the VENDOR.
The County and VENDOR agree that all suits arising out of disputes under the Contract
shall be filed exclusively in either the District Court for the Third Judicial Circuit of
Maryland or the Circuit Court for Cecil County as their respective subject matter
jurisdictions permit.

                                              PERMITS

All required permits shall be obtained and paid for by the VENDOR, except those listed
below which have been obtained by the County and are hereby made a part of this contract.


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                                                  RFP 10-06
                         Design, Permit & Construct Bus Canopies and Fuel System Area


                                      TRANSPORTATION

Prices quoted shall be net, including transportation and delivery charges fully prepaid by
the seller, f.o.b. destination (Cecil County Government/designated location Elkton, MD
21921). No additional charges will be allowed for packing, packages or partial delivery
costs. By submitting their quote, all vendors certify and warrant that the price offered for
f.o.b. destination includes only the actual freight rate cost as at the lowest and best rate and
based upon actual weight of the goods to be shipped. Standard commercial packaging,
packing and shipping containers will be used, except as otherwise specified herein.




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                                                RFP 10-06
                       Design, Permit & Construct Bus Canopies and Fuel System Area


                            STATE OF MARYLAND
                             SALES AND USE TAX
                       ADMISSIONS AND AMUSEMENT TAX
                           LAWS AND REGULATIONS
                                 ISSUED BY
                       COMPTROLLER OF THE TREASURY
                         SALES AND USE TAX DIVISION

11-221 Taxation by Other Law
       (c)   Sales tax paid in other jurisdiction –

              (1) To the extent that a buyer pays another state a tax on a sale or gross
                  receipts from a sale of tangible personal property or a taxable service
                  that the buyer acquires before the property of service enters this state,
                  the sales and use tax does not apply to use of the property or service in
                  this state.

              (2) If the tax paid to another state is less than the sales and use tax, the
                  buyer shall pay the difference between the sales and use tax and the
                  amount paid to the other state in accordance with the formula under 1-
                  303 (b).

11-214 Nonresident Property

       The sales and use tax does not apply to use of tangible personal property or a
taxable service that:

              (1) A non-resident.

              (i) Acquires before the property or service enter the state; and

              (ii) Uses:

              1. For personal enjoyment or use or for a use that the Comptroller specifies
              by regulation, other than for a business purpose; or

              2. Does not remain in the state for more than 30 days.

11-303 Depreciation Allowance

       (a)    In general - a buyer is allowed a depreciation allowance as an adjustment to
              taxable price if:

              (1) Tangible personal property or a taxable service is acquired before the
                  tangible personal property is brought into the state for use in the state or
                  before the taxable service is used in the state; and

              (2) The use first occurs in another state or federal jurisdiction.
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                                            RFP 10-06
                   Design, Permit & Construct Bus Canopies and Fuel System Area


     (b)   Amount allowance - The allowance under subsection (a) of this section for
           each full year that follows the date of purchase is ten percent (10%) of the
           taxable price paid to acquire the tangible personal property or taxable
           service.




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                                                 RFP 10-06
                        Design, Permit & Construct Bus Canopies and Fuel System Area




XV. INSURANCE REQUIREMENTS:

WORKER’S COMPENSATION AND EMPLOYER’S LIABILITY INSURANCE

       (a)     The Contractor shall take out and maintain during the life of the Contract
       the Statutory Worker’s Compensation and Employer’s Liability Insurance for all of
       his employees to be engaged in work on the project under the Contract.

       (b)      In case any portion of the project is sublet, the Contractor shall require all of
       the sub-contractors similarly to take out and maintain during the entire life of the
       Contract the Statutory Worker’s Compensation and Employer’s Liability Insurance
       for all of their employees to be engaged in work in the project under the Contract.

       (c)    The Contractor and the sub-contractor shall not begin work until the
       Contractor has first filed with the County satisfactory evidence that insurance of the
       above nature is in full force and effect (receipt of Certificate of Insurance naming
       the Cecil County Government as an “Additional Insured”).

BODILY INJURY, LIABILITY AND PROPERTY DAMAGE LIABILITY
INSURANCE

The Contractor shall take out and maintain during the life of the Contract, Bodily Injury
Liability and Property Damage Liability Insurance to protect him and any sub-contractor
performing work covered by the Contract from claims for damages for personal injury,
including accidental death, as well as claims for property damage, which may arise from
operations under the Contract, whether such operations be by himself or by any sub-
contractor or by anyone directly or indirectly employed by either of them and the amount
of such insurance shall not be less than amounts shown in the following chart:

               - General Liability:                  $2,000,000 Annual Aggregate
                                                     $1,000,000 Each Occurrence
                                                     $1,000,000 Products and Completed
                                                                Operations
                                                     $1,000,000 Personal Injury and
                                                               Advertising

               - Automobile Liability:               $1,000,000 Combined Single Limit

               - Worker’s Compensation:                              -- Statutory

               - Excess:                             $1,000,000 Each Occurrence

               -Professional Liability:              $1,000,000

        (Upon award of Contract, the Contractor shall provide a copy of a Certificate of
       Insurance with the Cecil County Government named as an “Additional Insured” to
       Liability Coverage on the Certificate for the duration of the Contract.)
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                                                RFP 10-06
                       Design, Permit & Construct Bus Canopies and Fuel System Area




All contractors performing services for the Cecil County Government are required to
provide notification of Certificate of Insurance cancellation 30 – 60 days prior to
cancellation. The Contractor shall provide a Certificate of Insurance naming the Cecil
County Government as an "Additional Insured" and showing the levels of Worker’s
Compensation and all Liability Coverage. If the proposed cost of construction exceeds the
minimum levels of coverage, the contractor shall increase the levels of coverage to cover
the entire cost of the proposal.

XVI. BONDING REQUIREMENTS:

                    CERTIFIED CHECK OR PROPOSAL BOND

       (a)     No proposal will be considered unless accompanied by a certified check or
       an acceptable bid bond of the vendor or other surety satisfactory to the County such
       as a Letter of Credit from a Bank acceptable to the County, payable to the order of
       the Board of County Commissioners of Cecil County, for five percent (5%) of the
       estimated total proposal, which will be forfeited to the Board as liquidated damages
       in case an award is made and the Contract and Bond are not promptly and properly
       executed as required within ten (10) days after the award of the Contract.

       (b)    The certified check and/or proposal bonds or other surety satisfactory to the
       County such as a Letter of Credit from a Bank acceptable to the County, of all
       except the two (2) selected VENDORs shall be returned after the Contract is
       awarded; and, the checks of the selected VENDORs shall be returned after the
       proper execution of the Contract Documents with the selected VENDOR.

       (c)     If the selected VENDOR shall fail to execute the Contract Documents as
       specified, he shall forfeit the proposal bond or certified check or other surety
       satisfactory to the County such as a Letter of Credit from a Bank acceptable to the
       County as liquidated damages and the Contract may be awarded to the second
       selected VENDOR as specified in the paragraph entitled METHOD OF AWARD.

       (d)      The Proposal Bond shall be based on the highest proposal cost submitted
       within their proposal. Proposal Bond will not include contingent or optional costs
       provided by Contractor.

       CONTRACT PAYMENT AND CONTRACT PERFORMANCE BOND

The Contract Payment and Contract Performance Bond are each to be in an amount equal
to one hundred percent (100%) of the Contract amount.




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                                                 RFP 10-06
                        Design, Permit & Construct Bus Canopies and Fuel System Area


XVII. INSTRUCTIONS FOR PROPOSAL:

       Proposal shall be submitted in a sealed envelope addressed to:
                               Cecil County Purchasing Office
                                    200 Chesapeake Blvd.
                                          Suite 1400
                                  Elkton, Maryland 21921
The VENDOR’s name and address shall appear in the upper left hand corner of the
proposal envelope with the job name and contract number appearing in the lower left hand
corner of the envelope. The VENDOR shall submit minimally one (1) original and six (6)
copies of the proposal. Failure to submit a proposal in this manner may be considered
cause for rejection of the proposal as determined by the Cecil County Government.

XVIII. COMPLIANCE WITH THE RFP:

All proposals submitted shall be in strict compliance with the RFP and failure to comply
with all provisions in the RFP may result in disqualification or rejection of the proposal.

XIX. PROPOSAL DEADLINE:

                                PROSECUTION OF WORK

After the work has been started, it shall be performed continuously on all acceptable
working days without stoppage until the entire contract is completed. In case the
VENDOR neglects or fails to work continuously on all acceptable working days, the
Commissioners’ of Cecil County through the Cecil County Administrator and Department
of Emergency Services Director may terminate the Contract and use any method that he
deems necessary to complete the Contract.

                    FAILURE TO COMPLETE WORK ON TIME

Should the VENDOR fail to complete, fully and to all intents and purposes, the work as
specified in the proposal and contract on or before the time specified, the said VENDOR
shall pay to the County such sum as is specified in the paragraph entitled “LIQUIDATED
DAMAGES”.

                                 LIQUIDATED DAMAGES

It is hereby understood and mutually agreed, by and between the VENDOR and the
County, that the date of beginning and the time for completion as specified in the Contract
of the work to be done hereunder are Essential Conditions of the Contract; and, it is further
mutually understood and agreed that the work embraced in this Contract shall be
commenced on a date to be specified in the “Notice to Proceed”.

The VENDOR agrees that said work shall be performed regularly, diligently and
uninterruptedly at such rate of progress as will insure full completion thereof within the
time specified. It is expressly understood and agreed, by and between the VENDOR and

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                                                 RFP 10-06
                        Design, Permit & Construct Bus Canopies and Fuel System Area


the County, that the time for the completion of the work described herein is a reasonable
time for the completion of the same.

If the said VENDOR shall neglect, fail or refuse to complete the work within the time
herein specified, or any proper extension thereof granted by the County, then the
VENDOR does hereby agree, as part of the consideration for the awarding of this Contract,
to pay to the County the damages for such breach of Contract as hereinafter set forth for
each and every calendar day that the VENDOR shall be in default after the time stipulated
in the Contract for completing the work.

The said amount is fixed and agreed upon by and between the VENDOR and the County
because of the impracticability and extreme difficulty of fixing and ascertaining the actual
damages the County would in such event sustain and said amount is agreed to be the
amount of damages, which the County would sustain and said amount be retained from
time to time by the County from current periodical estimates.

It is further agreed that time is of the essence of each and every portion of this Contract and
of the specifications, wherein a definite and certain length of time is fixed for the
performance of any act whatsoever; and, where under the Contract, additional time is
allowed for the completion of any work, the new time limit fixed by such extension shall
be of the essence of this Contract. Provided that the VENDOR shall not be charged with
liquidated damages or any excess cost when the County determines that the VENDOR is
without fault and the VENDOR’s reasons for the time extension are acceptable to the
County; provided further that the VENDOR shall not be charged with liquidated damages
or any excess cost when the delay in completion of the work is due:

       (a)   To any preference, priority or allocation order duly issued by the
       Government;

       (b)     To unforeseeable cause beyond the control and without the fault or
       negligence of the VENDOR, including, but not restricted to, acts of God, or of the
       public enemy, acts of the County, acts of another VENDOR in the performance of
       a contract with the County, fires, floods, epidemics, quarantine restrictions, strikes,
       freight embargoes, and severe weather; and

       (c)     To any delays of sub Vendors or supplies occasioned by any of the causes
       specified in subsections (a) and (b) of this article;

Provided further, that the VENDOR shall, within ten (10) days from the beginning of such
delay, unless the County shall grant a further period of time prior to the date of final
settlement of the Contract, notify the County, in writing, of the causes of the delay, who
shall ascertain the facts and extent of the delay and notify the VENDOR within a
reasonable time of its decision in the matter.

Provided further, that the amount of liquidated damages shall be $1000.00 per work day.




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                                                 RFP 10-06
                        Design, Permit & Construct Bus Canopies and Fuel System Area


XX. REVISIONS DUE TO AMBIGUITY, CONFLICT, OR OTHER ERRORS IN
RFP:

Any ambiguity, conflict, discrepancy, omissions or other error/s discovered in the RFP
must be reported immediately to Cecil County Purchasing Office, David E. Pyle, 200
Chesapeake Blvd., Suite 1400, Elkton, Maryland 21921 (410-996-5395), in writing and a
request made for modifications or clarification. All changes to RFPs will be made in
writing (addendum) and all parties who have received the RFP will receive the addendum.
Offerors are responsible for clarifying any ambiguity, conflict, discrepancy, omission or
error in the RFP prior to submitting the proposal or it shall be deemed waived.

XXI. IMPLIED REQUIREMENTS:

Any product or service that is not specifically addressed in the RFP, but which is necessary
to provide functional capabilities proposed by the offeror, must be included in the
proposal.

XXII. PROPOSALS AND PRESENTATION COSTS:

The Cecil County Government, or its agencies, is not liable in any way for any costs
incurred by the offerors in the preparation of their proposals in response to the RFP, nor for
the presentation of their proposals and/or participation in any discussion or negotiations.

XXIII. REJECTION OF PROPOSALS:

The Cecil County Government, or its agencies, reserves the right to accept in part or in
whole any or all proposals submitted or to waive any technicality or minor irregularity in a
proposal. Additionally, the County shall reject the proposal of any offeror determined to
be non-responsive in accordance with the Code of Cecil County, Section 183 and
requirements set within this RFP. Unreasonable failure of an offeror to promptly supply
the County with information with respect to responsibility may be grounds for a
determination of non-responsibility.

All Proposals, RFPs, IFBs or RFQs are contingent upon budgetary constraints.

XXIV. EXCEPTIONS TO FORMAT:

The RFP describes the requirements and response format in sufficient detail to secure
comparable proposals, recognizing that various proponent approaches may vary widely.
Any proposal that differs from the described format may be considered non-responsive
and rejected.

XXV. REQUESTS FOR CLARIFICATION:

Any request for clarification on the RFP must be in writing and accomplished prior to the
receipt of the VENDOR’s proposal.



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                                                 RFP 10-06
                        Design, Permit & Construct Bus Canopies and Fuel System Area


XXVI. VALIDITY OF PROPOSALS:

All proposals shall be valid for one hundred and eighty (180) days from the date of the
RFP opening and become the property of the County. If negotiations result in
modifications to the RFP, then one hundred and eighty (180) days will commence from the
date of the receipt of the new proposal. This period may be extended by mutual written
agreement between the Respondent and Cecil County Government.

XXVII. PROPOSAL SUBMITTAL FORMAT:

Offerors must include the following information in their proposal and must use the
following format when compiling their responses. Sections should be tabbed and labeled;
pages should be sequentially numbered at the bottom of the page:

        (a) Cover Letter: Response should contain a letter signed by a person who is
authorized to commit the offeror to perform the work included in the proposal and should
identify all materials and enclosures being forwarded in response to the RFP.

       (b) Table of Contents.

       (c) Executive Summary: A maximum of one (1) to two (2) pages of single spaced
information providing a high-level description of the offeror’s ability to meet the
requirements of the RFP.

        (d) Description of Relevant Experience, Qualifications, and Capacity: Details of
qualifications of the offeror’s operations and staff regarding requested goods and services.
If the respondent is not a single entity, the details of the partnership, joint venture, etc.
shall be described, including the organizational structure of the team.

       (e) Technical Proposal: Offeror’s business plan to meet the technical requirements
of the RFP must be included in this section. At a minimum, this must include a location
map of the proposed site, a conceptual site plan (depicting ingress/egress), a conceptual
building layout with typical room sizing, a description of proposed building types
(photographic samples are encouraged), a description of proposed internal and external
building materials and a description of proposed furnishings (catalog cut submittals are
encouraged).

       (f) Proposed Costs: All cost associated with delivering the requested goods or
services must be detailed in the format requested.

       (g) Attachments: Additional information, which the offeror feels will assist in the
evaluation should be included. Other attachments may be Proof of Insurance, Proposal
Bond, Equal Opportunity Employer Affidavit and other required information.

       (h) Vendor shall provide one (1) original proposal and six (6) copies as part of
their proposal submittal.



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                                                 RFP 10-06
                        Design, Permit & Construct Bus Canopies and Fuel System Area


XXVIII. PROPOSAL COST SHEET:

RFP: 10-06; Design, Permit & Construct Bus Canopies and Fuel System Area for
Cecil County Government, Department of Senior Services and Community Transit.

PROJECT: Bus Canopies and Fuel System Area

VENDOR: __________________________BY: ________________________
                (To be same as in the Proposal Agreement)

BUSINESS ADDRESS: ___________________________________________

TELEPHONE NUMBER: __________________________________________
CONTACT PERSON: _____________________________________________

This is to certify that ___________________________________________has received
Addendum No. _____ through No. _____ and this project reflects changes created by the
addenda.
PROPOSAL FORM: Cecil County Government.
For all design, labor, tools, materials, testing mobilization/demobilization and any other
incidentals necessary to complete this contract as specified herein. Price includes complete
design and construction services for this project.

Total Price for Design, Permit and Construction of Project: $___________________

(Total cost written: ______________________________________________________)

Optional Item Cost:

     1. Canopy Section, item #7; 30” split face CMU wall:                              $________________

     2. Fueling Station, item #2; Fuel Management System:                              $________________

     3. Fueling Station, item #5; Canopy over pumps:                                   $________________

CALENDAR DAYS for project completion including all optional items: #________.

The above-circled proposal is accepted and hereby ratified and confirmed by the Board of
County Commissioners of Cecil County for the purchase of “The Design, Permit and
Construction of Two each Bus Canopies and Fuel System” this _____day of ______, 20__.


                                                     __________________________________
                                                     Brian L. Lockhart
                                                     President, the Board of County
                                                     Commissioners of Cecil County
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                                                 RFP 10-06
                        Design, Permit & Construct Bus Canopies and Fuel System Area


XXIX. EVALUATION OF PROPOSAL AND AWARD:

                                    METHOD OF AWARD

       (a)     The County reserves the right to reject any or all proposal.

       (b)    The Contract shall be awarded or rejected within one hundred and eighty
       (180) days from the date of opening proposal.

       (c)    If the vendor to whom an award is made shall fail to execute the Contract in
       the specified time, the award may be annulled and the Contract awarded to the
       second selected vendor or the County may reject the entire proposal as their interest
       may require.

                                            BASIS OF AWARD

The Contract may be awarded to the selected responsible vendor whose proposal complies
with all the requirements prescribed. In acceptance of the proposal, the County will be
guided by consideration of the interests of the public and the County shall be under no
obligation to accept the lowest proposal. Proposals may be rejected if they show any
omissions, alterations of form, additions not called for, conditional or alternate proposal, or
irregularities of any kind. To insure fair competition and to permit a determination of the
lowest vendor, unresponsive proposal or proposal obviously unbalanced may be rejected.
The County also reserves the right to negotiate further with one or more of the bidders as
to any features of their bids and to accept modifications of the work and bid price when
such action will be to their best interests and is desirable. The County also reserves the
right to negotiate further with one or more of the vendors as to any features of their
proposal and to accept modifications of the work and proposal price when such action will
be to their best interests and is desirable. All proposals submitted shall become the
property of the Cecil County Government.

                               QUALIFYING PROPOSALS

Proposals shall be initially reviewed for compliance with the submission requirements of
this procurement. Failure to comply with any of the submission requirements may result in
the proposal being classified as not reasonably acceptable for award.

Minor irregularities in proposals that are immaterial or inconsequential in nature may be
cured or waived whenever it is determined to be in the best interest of Cecil County
Government. All reasonable efforts will be made by the Cecil County Government to
avoid prejudice to any Respondent.

                           MANDATORY REQUIREMENTS

All proposals will be initially reviewed for compliance with mandatory requirements.
Proposals shall meet all of the mandatory requirements to advance in the procurement
process. Respondents shall supply a letter stating that their team meets these requirements.
All information that is specifically requested is considered to be a mandatory requirement.


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                                                 RFP 10-06
                        Design, Permit & Construct Bus Canopies and Fuel System Area


                   TECHNICAL AND FINANCIAL EVALUATION

A one-step evaluation process will be conducted wherein the technical and financial
proposal will be evaluated at the same time. The technical and financial proposals shall be
submitted within the same proposal. They are to be bound together but separated by a
divider.

After determining compliance with the mandatory requirements, the Evaluation Committee
shall initially classify the proposals as (a) reasonably acceptable of being selected for
award or (b) not reasonably acceptable of being selected for award. Respondents judged
not to be responsible or Respondents whose proposals are classified as not reasonably
susceptible of being selected for award shall be so notified.

Discussions and oral presentations may be held with those qualified Respondents or
Offerors whose proposals have been classified as reasonably acceptable for award.

Following the proposal evaluation, two (2) finalists will be selected for final negotiation of
best and final offer.

                                  ORAL PRESENTATION

As indicated above, discussions and oral presentations may be held. If Oral Presentations
are required, the selected best two (2) contractors will be contacted for scheduling of their
presentation. The purposes of the discussions and oral presentations are as follows:

       - To allow Cecil County Government to meet the Respondents key personnel
       - To allow the Respondents to discuss selected aspects of its proposal
       - To provide an opportunity to clarify the scope of services for this project

Within three (3) working days following the oral presentation, each Respondent will be
required to provide an Executive Summary/Overview of their firm’s oral presentation
inclusive of highlighting the discussion at the presentation.

Upon completion of the oral presentations, the Cecil County Government will finalize the
evaluation of each proposal. Best and final proposals may be solicited by the County at
this time.

                                          EVALUATION

       A. Evaluation will be based upon the technical proposal with the price being
       reviewed as a single factor of several other factors on which to base an acceptance.




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                                              RFP 10-06
                     Design, Permit & Construct Bus Canopies and Fuel System Area


     B. The primary evaluation will be completed by an evaluation committee
     consisting of selected Cecil County Government officials; Purchasing Agent is not
     a voting member of the committee. They will only guide the process of evaluation.
     Respondents to this solicitation shall meet all requirements contained herein. If the
     Respondent and/or the proposal do not meet solicitation requirements, Cecil
     County Government may classify the proposal as “not reasonably acceptable for
     award.” Should a proposal be found not reasonably acceptable for award, the
     proposal may not be considered any further. After considering the factors set forth
     in this RFP and the responsible proposals, the committee will make
     recommendations for award of this contract to the Respondent whose proposal is
     determined to be the most advantageous to Cecil County Government.

     C. Criteria for Evaluation:

              – The evaluation criteria that will be used are listed below with a weighted
     factor assigned to each category. Each area will be judged independently by each
     committee member from a scale of one (1) thru ten (10) with ten being the best
     score and one being the lowest score. Each score is then multiplied by the
     weighted factor and totaled for a final score. The highest score would be judged as
     the best proposal. If the committee determines more than one (1) is judged to be
     the best, oral presentations may be requested from which the best proposal shall be
     selected:

                                                                                    Weighted Factor:
                    -- Warranty                                                           05
                    -- Understanding of project                                           15
                    -- Development Team Qualification                                     10
                    -- Project Design and Specifications                                  40
                    -- Final Cost Proposal                                                30
                                                                                          100

                                        FINAL SELECTION

     Based on its evaluation of the technical and financial proposals, the Evaluation
     Committee will make a recommendation to the Cecil County Board of County
     Commissioners for the award of the contract to the responsible Respondent whose
     proposal is determined to be the most advantageous to Cecil County Government,
     considering both technical and financial factors as set forth in the RFP.
                                    SCHEDULE OF EVENTS

     The following is a proposed schedule of events in the selection of the Respondent
     to complete the project according to the specifications within this RFP:
     1. Solicitation Released                         5. Oral Presentations (will be scheduled)
     2. Pre-Proposal Meeting                          6. Executive Summary (Three (3) days
     3. Proposal Due Date                             after presentation)
     4. Committee Selection of qualified              7. Final selection and Commissioners
     respondents                                      approval
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                                                RFP 10-06
                       Design, Permit & Construct Bus Canopies and Fuel System Area




                                              DISCUSSIONS

       A. Discussions shall be held only to clarify individual RFP submissions. At no
       time shall any part of a proposal of one VENDOR be discussed or identified in any
       part with a separate vendor.

       B. During discussion, a vendor may modify their proposal to coincide with any
       clarification of the proposal. At no time will a proposal be allowed to withdraw
       without approval of the proper County authorities.

       C. If any part of the proposal is changed to strengthen the RFP or its process,
       written documentation of the change shall be made and all Vendors shall be
       notified of the change/s and be given the chance to modify their proposal
       accordingly.

                                       NEGOTIATIONS

It is policy to procure from responsible sources at fair prices the goods and services
required by the County Government. During the RFP process, Price Negotiation may be
required to resolve uncertainties relating to procurement, including the price prior to the
final award of the contract. The objective of Price Negotiation is the complete agreement
of the parties on all basic issues of the RFP.

XXX. TERM OF CONTRACT

The term of the contract shall be from the date of “Notice to Proceed” through the time as
determined through final negotiations and as agreed upon within the awarded Contractor’s
“Best & Final Proposal”. Additionally, the Contractor is obligated to perform the services
as agreed upon within the RFP proposal, which the Cecil County Government requires in
its operation.

XXXI. NOTICE TO PROCEED

A Notice to Proceed will be sent Certified Mail to the VENDOR by the Cecil County
Purchasing Office. Vendors shall proceed within ten (10) calendar days after receipt of
such notice. Failure to proceed within the ten (10) calendar day period may result in
The Board of County Commissioners of Cecil County terminating the Contract
Agreement.

XXXII. PROPOSAL PROTEST

Any party who feels the proposal process has not meet the guidelines as stated within the
Code of Cecil County Maryland or as outlined within the proposal may submit a protest in
accordance with the guidelines as stated within the Code of Cecil County Maryland,
Chapter 183, Purchasing, section 183-22 Bid Protest. These guidelines are available upon
request at the Purchasing Office or on the Cecil County Government Website
(www.ccgov.org). Any questions concerning the purchasing process or this proposal


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                                                 RFP 10-06
                        Design, Permit & Construct Bus Canopies and Fuel System Area


should be forwarded to Cecil County Purchasing Agent at 410-996-5395 or e-mail to
dpyle@ccgov.org.

Briefly stated, protests concerning possible alleged improprieties leading up-to the bid
opening should be filed before the opening date/time. For alleged improprieties after the
bid opening should be filed not later than seven days after the basis for protest is known or
should have been known. The term “Filed” meaning received by the Procurement Officer.

Upon receipt of the protest, a determination is made and sent by certified mail to the
protester. Should the protester wish to appeal further the decision, they must submit the
protest within five (5) days from receipt of the decision with Cecil County Protest Board
(Cecil County Administrator). The Board will meet within ten (10) days of the received
protest. The decision of the Board is the final, conclusive and binding action of the protest.

Detailed information shall be obtained by reviewing the on-line purchasing code or
contacting the Purchasing Office for additional information. All protests, information, etc.
shall be sent to the Purchasing Officer, Cecil County Government, 200 Chesapeake Blvd.,
Suite 1400, Elkton, MD 21921.

XXXIII. ADDITIONAL REQUIREMENTS/INFORMATION:

- NO OBLIGATION BY THE FEDERAL GOVERNMENT.

        (1) The Purchaser and Contractor acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Contractor or any other party (whether or not a
party to that contract) pertaining to any matter resulting from the underlying contract.

        (2) The Contractor agrees to include the above clause in each sub-contract financed
in whole or in part with Federal assistance provided by FTA. It is further agreed that the
clause shall not be modified, except to identify the subcontractor who will be subject to its
provisions.

- PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS

Program Fraud and False or Fraudulent Statements or Related Acts.

        (1) The Contractor acknowledges that the provisions of the Program Fraud Civil
Remedies Act of 1986, as amended, 31 U.S.C. § § 3801 et seq . and U.S. DOT regulations,
"Program Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this
Project. Upon execution of the underlying contract, the Contractor certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to
be made, pertaining to the underlying contract or the FTA assisted project for which this
contract work is being performed. In addition to other penalties that may be applicable, the
Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious or
29
                                                 RFP 10-06
                        Design, Permit & Construct Bus Canopies and Fuel System Area


fraudulent claim, statement, submission or certification, the Federal Government reserves
the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the
Contractor to the extent the Federal Government deems appropriate.

         (2) The Contractor also acknowledges that if it makes, or causes to be made, a
false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in part
with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §
5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and
49 U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems
appropriate.

        (3) The Contractor agrees to include the above two clauses in each subcontract
financed in whole or in part with Federal assistance provided by FTA. It is further agreed
that the clauses shall not be modified, except to identify the subcontractor who will be
subject to the provisions.

- ACCESS TO RECORDS AND REPORTS

Access to Records - The following access to records requirements apply to this Contract:

       (1) Where the Purchaser is not a State but a local government and is the FTA
Recipient or a sub-grantee of the FTA Recipient in accordance with 49 C. F. R. 18.36(i),
the Contractor agrees to provide the Purchaser, the FTA Administrator, the Comptroller
General of the United States or any of their authorized representatives access to any books,
documents, papers and records of the Contractor which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and transcriptions.
Contractor also agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or
his authorized representatives including any PMO Contractor access to Contractor's
records and construction sites pertaining to a major capital project, defined at 49 U.S.C.
5302(a)1, which is receiving federal financial assistance through the programs described at
49 U.S.C. 5307, 5309 or 5311.

        (2) Where the Purchaser is a State and is the FTA Recipient or a sub-grantee of the
FTA Recipient in accordance with 49 C.F.R. 633.17, Contractor agrees to provide the
Purchaser, the FTA Administrator or his authorized representatives, including any PMO
Contractor, access to the Contractor's records and construction sites pertaining to a major
capital project, defined 49 U.S.C. 5302(a)1, which is receiving federal financial assistance
through the programs described at 49 U.S.C. 5307, 5309 or 5311. By definition, a major
capital project excludes contracts of less than the simplified acquisition threshold currently
set at $100,000.

       (3) Where the Purchaser enters into a negotiated contract for other than a small
purchase or under the simplified acquisition threshold and is an institution of higher
education, a hospital or other non-profit organization and is the FTA Recipient or a sub-
grantee of the FTA Recipient in accordance with 49 C.F.R. 19.48, Contractor agrees to
provide the Purchaser, FTA Administrator, the Comptroller General of the United States or
any of their duly authorized representatives with access to any books, documents, papers

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                                                 RFP 10-06
                        Design, Permit & Construct Bus Canopies and Fuel System Area


and record of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions.

       (4) Where any Purchaser which is the FTA Recipient or a sub-grantee of the FTA
Recipient in accordance with 49 U.S.C. 5325(a) enters into a contract for a capital project
or improvement (defined at 49 U.S.C. 5302(a)1) through other than competitive bidding,
the Contractor shall make available records related to the contract to the Purchaser, the
Secretary of Transportation and the Comptroller General or any authorized officer or
employee of any of them for the purposes of conducting an audit and inspection.

      (5) The Contractor agrees to permit any of the foregoing parties to reproduce by
any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

        (6) The Contractor agrees to maintain all books, records, accounts and reports
required under this contract for a period of not less than three years after the date of
termination or expiration of this contract, except in the event of litigation or settlement of
claims arising from the performance of this contract, in which case Contractor agrees to
maintain same until the Purchaser, the FTA Administrator, the Comptroller General, or any
of their duly authorized representatives, have disposed of all such litigation, appeals,
claims or exceptions related thereto. Reference 49 CFR 18.39(i)(11).

       (7) FTA does not require the inclusion of these requirements in sub-contracts.

- FEDERAL CHANGES

Federal Changes - Contractor shall at all times comply with all applicable FTA
regulations, policies, procedures and directives, including without limitation those listed
directly or by reference in the Master Agreement between Purchaser and FTA, as they may
be amended or promulgated from time to time during the term of this contract. Contractor's
failure to so comply shall constitute a material breach of this contract.

- TERMINATION

Model Clause/Language
FTA does not prescribe the form or content of such clauses. The following are suggestions
of clauses to be used in different types of contracts:

a. Termination for Convenience (General Provision) The (Recipient) may terminate this
contract, in whole or in part, at any time by written notice to the Contractor when it is in
the Government's best interest. The Contractor shall be paid its costs, including contract
close-out costs, and profit on work performed up to the time of termination. The
Contractor shall promptly submit its termination claim to (Recipient) to be paid the
Contractor. If the Contractor has any property in its possession belonging to the
(Recipient), the Contractor will account for the same, and dispose of it in the manner the
(Recipient) directs.




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b. Termination for Default [Breach or Cause] (General Provision) If the Contractor
does not deliver supplies in accordance with the contract delivery schedule, or, if the
contract is for services, the Contractor fails to perform in the manner called for in the
contract, or if the Contractor fails to comply with any other provisions of the contract, the
(Recipient) may terminate this contract for default. Termination shall be effected by
serving a notice of termination on the contractor setting forth the manner in which the
Contractor is in default. The contractor will only be paid the contract price for supplies
delivered and accepted, or services performed in accordance with the manner of
performance set forth in the contract. If it is later determined by the (Recipient) that the
Contractor had an excusable reason for not performing, such as a strike, fire, or flood,
events which are not the fault of or are beyond the control of the Contractor, the
(Recipient), after setting up a new delivery of performance schedule, may allow the
Contractor to continue work, or treat the termination as a termination Federal Transit
Administration - Grants & Financing for convenience.

c. Opportunity to Cure (General Provision) The (Recipient) in its sole discretion may, in
the case of a termination for breach or default, allow the Contractor [an appropriately short
period of time] in which to cure the defect. In such case, the notice of termination will state
the time period in which cure is permitted and other appropriate conditions If Contractor
fails to remedy to (Recipient)'s satisfaction the breach or default of any of the terms,
covenants, or conditions of this Contract within [ten (10) days] after receipt by Contractor
of written notice from (Recipient) setting forth the nature of said breach or default,
(Recipient) shall have the right to terminate the Contract without any further obligation to
Contractor. Any such termination for default shall not in any way operate to preclude
(Recipient) from also pursuing all available remedies against Contractor and its sureties for
said breach or default.

d. Waiver of Remedies for any Breach In the event that (Recipient) elects to waive its
remedies for any breach by Contractor of any covenant, term or condition of this Contract,
such waiver by (Recipient) shall not limit (Recipient)'s remedies for any succeeding breach
of that or of any other term, covenant, or condition of this Contract.

e. Termination for Convenience (Professional or Transit Service Contracts) The
(Recipient), by written notice, may terminate this contract, in whole or in part, when it is in
the Government's interest. If this contract is terminated, the Recipient shall be liable only
for payment under the payment provisions of this contract for services rendered before the
effective date of termination.

f. Termination for Default (Supplies and Service) If the Contractor fails to deliver
supplies or to perform the services within the time specified in this contract or any
extension or if the Contractor fails to comply with any other provisions of this contract, the
(Recipient) may terminate this contract for default. The (Recipient) shall terminate by
delivering to the Contractor a Notice of Termination specifying the nature of the default.
The Contractor will only be paid the contract price for supplies delivered and accepted, or
services performed in accordance with the manner or performance set forth in this contract.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the same as
if the termination had been issued for the convenience of the Recipient.
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g. Termination for Default (Transportation Services) If the Contractor fails to pick up
the commodities or to perform the services, including delivery services, within the time
specified in this contract or any extension or if the Contractor fails to comply with any
other provisions of this contract, the (Recipient) may terminate this contract for default.
The (Recipient) shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature of default. The Contractor will only be paid the contract price for
services performed in accordance with the manner of performance set forth in this contract.
If this contract is terminated while the Contractor has possession of Recipient goods, the
Contractor shall, upon direction of the (Recipient), protect and preserve the goods until
surrendered to the Recipient or its agent. The Contractor and (Recipient) shall agree on
payment for the preservation and protection of goods. Failure to agree on an amount will
be resolved under the Dispute clause. If, after termination for failure to fulfill contract
obligations, it is determined that the Contractor was not in default, the rights and
obligations of the parties shall be the same as if the termination had been issued for the
convenience of the (Recipient).

h. Termination for Default (Construction) If the Contractor refuses or fails to prosecute
the work or any separable part, with the diligence that will insure its completion within the
time specified in this contract or any extension or fails to complete the work within this
time, or if the Contractor fails to comply with any other provisions of this contract, the
(Recipient) may terminate this contract for default. The (Recipient) shall terminate by
delivering to the Contractor a Notice of Termination specifying the nature of the default. In
this event, the Recipient may take over the work and compete it by contract or otherwise,
and may take possession of and use any materials, appliances, and plant on the work site
necessary for completing the work. The Contractor and its sureties shall be liable for any
damage to the Recipient resulting from the Contractor's refusal or failure to complete the
work within specified time, whether or not the Contractor's right to proceed with the work
is terminated. This liability includes any increased costs incurred by the Recipient in
completing the work. The Contractor's right to proceed shall not be terminated, nor the
Contractor charged with damages under this clause if-

       1. the delay in completing the work arises from unforeseeable causes beyond the
       control and without the fault or negligence of the Contractor. Examples of such
       causes include: acts of God, acts of the Recipient, acts of another Contractor in the
       performance of a contract with the Recipient, epidemics, quarantine restrictions,
       strikes, freight embargoes; and

       2. the contractor, within [10] days from the beginning of any delay, notifies the
       (Recipient) in writing of the causes of delay. If in the judgment of the (Recipient),
       the delay is excusable, the time for completing the work shall be extended. The
       judgment of the (Recipient) shall be final and conclusive on the parties, but subject
       to appeal under the Disputes clauses. If, after termination of the Contractor's right
       to proceed, it is determined that the Contractor was not in default, or that the delay
       was excusable, the rights and obligations of the parties will be the same as if the
       termination had been issued for the convenience of the Recipient.




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i. Termination for Convenience or Default (Architect and Engineering) The
(Recipient) may terminate this contract in whole or in part, for the Recipient's convenience
or because of the failure of the Contractor to fulfill the contract obligations. The
(Recipient) shall terminate by delivering to the Contractor a Notice of Termination
specifying the nature, extent, and effective date of the termination. Upon receipt of the
notice, the Contractor shall (1)immediately discontinue all services affected (unless the
notice directs otherwise), and (2) deliver to the Contracting Officer all data, drawings,
specifications, reports, estimates, summaries and other information and materials
accumulated in performing this contract, whether completed or in process. If the
termination is for the convenience of the Recipient, the Contracting Officer shall make an
equitable adjustment in the contract price but shall allow no anticipated profit on
unperformed services. If the termination is for failure of the Contractor to fulfill the
contract obligations, the Recipient may complete the work by contact or otherwise and the
Contractor shall be liable for any additional cost incurred by the Recipient.
If, after termination for failure to fulfill contract obligations, it is determined that the
Contractor was not in default, the rights and obligations of the parties shall be the same as
if the termination had been issued for the convenience of the Recipient.

j. Termination for Convenience of Default (Cost-Type Contracts) The (Recipient) may
terminate this contract, or any portion of it, by serving a notice or termination on the
Contractor. The notice shall state whether the termination is for convenience of the
(Recipient) or for the default of the Contractor. If the termination is for default, the notice
shall state the manner in which the contractor has failed to perform the requirements of the
contract. The Contractor shall account for any property in its possession paid for from
funds received from the (Recipient), or property supplied to the Contractor by the
(Recipient). If the termination is for default, the (Recipient) may fix the fee, if the contract
provides for a fee, to be paid the contractor in proportion to the value, if any, of work
performed up to the time of termination. The Contractor shall promptly submit its
termination claim to the (Recipient) and the parties shall negotiate the termination
settlement to be paid the Contractor. If the termination is for the convenience of the
(Recipient), the Contractor shall be paid its contract close-out costs, and a fee, if the
contract provided for payment of a fee, in proportion to the work performed up to the time
of termination. If, after serving a notice of termination for default, the (Recipient)
determines that the Contractor has an excusable reason for not performing, such as strike,
fire, flood, events which are not the fault of and are beyond the control of the contractor,
the (Recipient), after setting up a new work schedule, may allow the Contractor to continue
work, or treat the termination as a termination for convenience.




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                                                 RFP 10-06
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- CIVIL RIGHTS REQUIREMENTS

Civil Rights - The following requirements apply to the underlying contract:

         (1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as
amended, 42 U.S. C. § 2000d, section 303 of the Age Discrimination Act of 1975, as
amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990,
42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that
it will not discriminate against any employee or applicant for employment because of race,
color, creed, national origin, sex, age, or disability. In addition, the Contractor agrees to
comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.

       (2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:

        (a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of the
Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49 U.S.C. §
5332, the Contractor agrees to comply with all applicable equal employment opportunity
requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal
Contract Compliance Programs, Equal Employment Opportunity, Department of Labor,"
41 C.F.R. Parts 60 et seq ., (which implement Executive Order No. 11246, "Equal
Employment Opportunity," as amended by Executive Order No. 11375, "Amending
Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e
note), and with any applicable Federal statutes, executive orders, regulations, and Federal
policies that may in the future affect construction activities undertaken in the course of the
Project. The Contractor agrees to take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard to their race,
color, creed, national origin, sex, or age. Such action shall include, but not be limited to,
the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. In addition, the Contractor agrees to
comply with any implementing requirements FTA may issue.

       (b) Age - In accordance with section 4 of the Age Discrimination in Employment
Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law at 49 U.S.C. § 5332,
the Contractor agrees to refrain from discrimination against present and prospective
employees for reason of age. In addition, the Contractor agrees to comply with any
implementing requirements FTA may issue.

        (c) Disabilities - In accordance with section 102 of the Americans with Disabilities
Act, as amended, 42 U.S.C. § 12112, the Contractor agrees that it will comply with the
requirements of U.S. Equal Employment Opportunity Commission, "Regulations to
Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29
C.F.R. Part 1630, pertaining to employment of persons with disabilities. In addition, the
Contractor agrees to comply with any implementing requirements FTA may issue.
http://www.fta.dot.gov/funding/thirdpartyprocurement/bppm/grants_financing_6195.html
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                        Design, Permit & Construct Bus Canopies and Fuel System Area


       (3) The Contractor also agrees to include these requirements in each subcontract
financed in whole or in part with Federal assistance provided by FTA, modified only if
necessary to identify the affected parties.

- DISADVANTAGED BUSINESS ENTERPRISE (DBE)

Disadvantaged Business Enterprises

       a. This contract is subject to the requirements of Title 49, Code of Federal
Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department
of Transportation Financial Assistance Programs. The national goal for participation of
Disadvantaged Business Enterprises (DBE) is ten percent (10%). The agency’s overall goal
for DBE participation is eighteen percent (18%).

        b. The contractor shall not discriminate on the basis of race, color, national origin,
or sex in the performance of this contract. The contractor shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted
contract. Failure by the contractor to carry out these requirements is a material breach of
this contract, which may result in the termination of this contract or such other remedy as
The Cecil County Government deems appropriate. Each subcontract the contractor signs
with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

       c. Bidders/offerors are required to document sufficient DBE participation to meet
these goals or, alternatively, document adequate good faith efforts to do so, as provided for
in 49 CFR 26.53. Award of this contract is conditioned on submission of the following
[concurrent with and accompanying sealed bid]:

       1. The names and addresses of DBE firms that will participate in this contract;
       2. A description of the work each DBE will perform;
       3. The dollar amount of the participation of each DBE firm participating;
       4. Written documentation of the bidder/offeror’s commitment to use a DBE
       subcontractor whose participation it submits to meet the contract goal
       5. Written confirmation from the DBE that it is participating in the contract as
       provided in the prime contractor’s commitment; and
       6. If the contract goal is not met, evidence of good faith efforts to do so.
       Bidders must present the information required above with initial proposals (see
       49 CFR 26.53 (3)).

        d. The contractor is required to pay its subcontractors performing work related to
this contract for satisfactory performance of that work no later than thirty (30) days after
the contractor’s receipt of payment for that work from the Cecil County Government. In
addition, the contractor may not hold retainage from its sub-contractors.




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        e. The contractor must promptly notify the Cecil County Government whenever a
DBE subcontractor performing work related to this contract is terminated or fails to
complete its work, and must make good faith efforts to engage another DBE subcontractor
to perform at least the same amount of work. The contractor may not terminate any DBE
subcontractor and perform that work through its own forces or those of an affiliate without
prior written consent of Cecil County Government.

- INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION TERMS

Incorporation of Federal Transit Administration (FTA) Terms - The preceding
provisions include, in part, certain Standard Terms and Conditions required by DOT,
whether or not expressly set forth in the preceding contract provisions. All contractual
provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby incorporated
by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms
shall be deemed to control in the event of a conflict with other provisions contained in this
Agreement. The Contractor shall not perform any act, fail to perform any act, or refuse to
comply with any (name of grantee) requests which would cause (name of grantee) to be in
violation of the FTA terms and conditions.

-    GOVERNMENT-WIDE                          DEBARMENT                       AND      SUSPENSION
(NONPROCUREMENT)

Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
contractor is required to verify that none of the contractor, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945. The contractor is required to comply with 49 CFR
29, Subpart C and must include the requirement to comply with 49 CFR 29, Subpart C in
any lower tier covered transaction it enters into. By signing and submitting its bid or
proposal, the bidder or proposer certifies as follows:

       The certification in this clause is a material representation of fact relied upon by
{insert agency name}. If it is later determined that the bidder or proposer knowingly
rendered an erroneous certification, in addition to remedies available to {insert agency
name}, the Federal Government may pursue available remedies, including but not limited
to suspension and/or debarment. The bidder or proposer agrees to comply with the
requirements of 49 CFR 29, Subpart C while this offer is valid and throughout the period
of any contract that may arise from this offer. The bidder or proposer further agrees to
include a provision requiring such compliance in its lower tier covered transactions.




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                        Design, Permit & Construct Bus Canopies and Fuel System Area


- BUY AMERICA REQUIREMENTS

Buy America - The contractor agrees to comply with 49 U.S.C. 5323(j) and 49 C.F.R. Part
661, which provide that Federal funds may not be obligated unless steel, iron, and
manufactured products used in FTA-funded projects are produced in the United States,
unless a waiver has been granted by FTA or the product is subject to a general waiver.
General waivers are listed in 49 C.F.R. 661.7, and include final assembly in the United
States for 15 passenger vans and 15 passenger wagons produced by Chrysler Corporation,
and microcomputer equipment and software. Separate requirements for rolling stock are set
out at 49 U.S.C. 5323(j)(2)(C) and 49 C.F.R. 661.11. Rolling stock must be assembled in
the United States and have a 60 percent domestic content. A bidder or offeror must submit
to the FTA recipient the appropriate Buy America certification (below) with all bids or
offers on FTA-funded contracts, except those subject to a general waiver. Bids or offers
that are not accompanied by a completed Buy America certification must be rejected as
nonresponsive. This requirement does not apply to lower tier subcontractors.
Certification requirement for procurement of steel, iron, or manufactured products
Certificate of Compliance with 49 U.S. C. 5323(j)(1). The bidder or offeror hereby
certifies that it will meet the requirements of 49 U.S.C. 5323(j) (1) and the applicable
regulations in 49 CFR Part 661.5.

Date ____________________________________________________________
Signature______________________________________________________
Company Name_______________________________________________________
Title _____________________________________________________________

Certificate of Non-Compliance with 49 U.S. C. 5323(j)(1)
The bidder or offeror hereby certifies that it cannot comply with the requirements of 49
U.S.C. 5323(j)(1) and 49 C.F.R. 661.5, but it may qualify for an exception pursuant to 49
U.S.C. 5323 (j)(2)(A), 5323(j)(2)(B), or 5323(j)(2)(D), and 49 C.F.R. 661.7.

Date _________________________________________________________________
Signature ___________________________________________________________
Company Name _________________________________________________________
Title _______________________________________________________________

- BREACHES AND DISPUTE RESOLUTION

Disputes - Disputes arising in the performance of this Contract which are not resolved by
agreement of the parties shall be decided in writing by the authorized representative of
(Recipient)'s [title of employee]. This decision shall be final and conclusive unless within
[ten (10)] days from the date of receipt of its copy, the Contractor mails or otherwise
furnishes a written appeal to the [title of employee]. In connection with any such appeal,
the Contractor shall be afforded an opportunity to be heard and to offer evidence in support
of its position. The decision of the [title of employee] shall be binding upon the Contractor
and the Contractor shall abide be the decision.

Performance During Dispute - Unless otherwise directed by (Recipient), Contractor shall
continue performance under this Contract while matters in dispute are being resolved.
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                        Design, Permit & Construct Bus Canopies and Fuel System Area


Claims for Damages - Should either party to the Contract suffer injury or damage to
person or property because of any act or omission of the party or of any of his employees,
agents or others for whose acts he is legally liable, a claim for damages therefore shall be
made in writing to such other party within a reasonable time after the first observance of
such injury of damage.

Remedies - Unless this contract provides otherwise, all claims, counterclaims, disputes
and other matters in question between the (Recipient) and the Contractor arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties mutually
agree, or in a court of competent jurisdiction within the State in which the (Recipient) is
located.

Rights and Remedies - The duties and obligations imposed by the Contract Documents
and the rights and remedies available there under shall be in addition to and not a
limitation of any duties, obligations, rights and remedies otherwise imposed or available by
law. No action or failure to act by the (Recipient), (Architect) or Contractor shall constitute
a waiver of any right or duty afforded any of them under the Contract, nor shall any such
action or failure to act constitute an approval of or acquiescence in any breach there under,
except as may be specifically agreed in writing.

- LOBBYING (Form to be filled and returned)

- Clause and specific language therein are mandated by 49 CFR Part 19, Appendix A.
Modifications have been made to the Clause pursuant to Section 10 of the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq. ]
- Lobbying Certification and Disclosure of Lobbying Activities for third party contractors
are mandated by 31 U.S.C. 1352(b)(5), as amended by Section 10 of the Lobbying
Disclosure Act of 1995, and DOT implementing regulation, "New Restrictions on
Lobbying," at 49 CFR §20.110(d)
- Language in Lobbying Certification is mandated by 49 CFR Part 19, Appendix A,
Section 7, which provides that contractors file the certification required by 49 CFR Part 20,
Appendix A. Modifications have been made to the Lobbying Certification pursuant to
Section 10 of the Lobbying Disclosure Act of 1995.
- Use of "Disclosure of Lobbying Activities," Standard Form-LLL set forth in Appendix B
of 49 CFR Part 20, as amended by "Government wide Guidance For New Restrictions on
Lobbying," 61 Fed. Reg. 1413 (1/19/96) is mandated by 49 CFR Part 20, Appendix A.
Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying
Disclosure Act of 1995, P.L. 104-65 [to be codified at 2 U.S.C. § 1601, et seq.] -
Contractors who apply or bid for an award of $100,000 or more shall file the certification
required by 49 CFR, part 20, "New Restrictions on Lobbying." Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any
agency, a member of Congress, officer or employee of Congress, or an employee of a
member of Congress in connection with obtaining any Federal contract, grant or any other
award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant
under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf
with non-Federal funds with respect to that Federal contract, grant or award covered by 31
U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.
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                         Design, Permit & Construct Bus Canopies and Fuel System Area


APPENDIX A, 49 CFR PART 20--CERTIFICATION REGARDING LOBBYING
Certification for Contracts, Grants, Loans, and Cooperative Agreements
(To be submitted with each bid or offer exceeding $100,000) The undersigned
[Contractor] certifies, to the best of his or her knowledge and belief, that:

(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of an agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering into
of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for making lobbying contacts to an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal contract, grant, loan, or cooperative agreement, the
undersigned shall complete and submit Standard Form--LLL, "Disclosure Form to Report
Lobbying," in accordance with its instructions [as amended by "Government wide
Guidance for New Restrictions on Lobbying," 61 Fed. Reg. 1413 (1/19/96). Note:
Language in paragraph (2) herein has been modified in accordance with Section 10 of the
Lobbying Disclosure Act of 1995 (P.L. 104-65, to be codified at 2 U.S.C. 1601, et seq .)]

(3) The undersigned shall require that the language of this certification be included in the
award documents for all sub-awards at all tiers (including subcontracts, sub-grants, and
contracts under grants, loans, and cooperative agreements) and that all sub-recipients shall
certify and disclose accordingly. This certification is a material representation of fact upon
which reliance was placed when this transaction was made or entered into. Submission of
this certification is a prerequisite for making or entering into this transaction imposed by
31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who
fails to file the required certification shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such failure. [Note: Pursuant to 31 U.S.C. §
1352(c)(1)-(2)(A), any person who makes a prohibited expenditure or fails to file or amend
a required certification or disclosure form shall be subject to a civil penalty of not less than
$10,000 and not more than $100,000 for each such expenditure or failure.]
The Contractor, ___________________, certifies or affirms the truthfulness and accuracy
of each statement of its certification and disclosure, if any. In addition, the Contractor
understands and agrees that the provisions of 31 U.S.C. A 3801, et seq., apply to this
certification and disclosure, if any.
__________________________ Signature of Contractor's Authorized Official
__________________________ Name and Title of Contractor's Authorized Official
___________________________ Date




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                        Design, Permit & Construct Bus Canopies and Fuel System Area


-CLEAN WATER REQUIREMENTS

Clean Water –

(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et
seq. The Contractor agrees to report each violation to the Purchaser and understands and
agrees that the Purchaser will, in turn, report each violation as required to assure
notification to FTA and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.

- CLEAN AIR

Clean Air –

(1) The Contractor agrees to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401 et seq . The
Contractor agrees to report each violation to the Purchaser and understands and agrees that
the Purchaser will, in turn, report each violation as required to assure notification to FTA
and the appropriate EPA Regional Office.

(2) The Contractor also agrees to include these requirements in each subcontract exceeding
$100,000 financed in whole or in part with Federal assistance provided by FTA.

- DAVIS-BACON AND COPELAND ANTI-KICKBACK ACTS

Davis-Bacon and Copeland Anti-Kickback Acts

(1) Minimum wages –

(i) All laborers and mechanics employed or working upon the site of the work (or under
the United States Housing Act of 1937 or under the Housing Act of 1949 in the
construction or development of the project), will be paid unconditionally and not less often
than once a week, and without subsequent deduction or rebate on any account (except such
payroll deductions as are permitted by regulations issued by the Secretary of Labor under
the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits
(or cash equivalents thereof) due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of Labor which is attached hereto and
made a part hereof, regardless of any contractual relationship which may be alleged to
exist between the contractor and such laborers and mechanics. Contributions made or
costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the
Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such
laborers or mechanics, subject to the provisions of paragraph (1)(iv) of this section; also,
regular contributions made or costs incurred for more than a weekly period (but not less
often than quarterly) under plans, funds, or programs which cover the particular weekly
period, are deemed to be constructively made or incurred during such weekly period. Such
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laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the
wage determination for the classification of work actually performed, without regard to
skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or mechanics performing work
in more than one classification may be compensated at the rate specified for each
classification for the time actually worked therein: Provided, That the employer's payroll
records accurately set forth the time spent in each classification in which work is
performed. The wage determination (including any additional classifications and wage
rates conformed under paragraph (1)(ii) of this section) and the Davis-Bacon poster (WH-
1321) shall be posted at all times by the contractor and its subcontractors at the site of the
work in a prominent and accessible place where it can be easily seen by the workers.

(ii)(A) The contracting officer shall require that any class of laborers or mechanics,
including helpers, which is not listed in the wage determination and which is to be
employed under the contract shall be classified in conformance with the wage
determination. The contracting officer shall approve an additional classification and wage
rate and fringe benefits therefore only when the following criteria have been met:
(1) Except with respect to helpers as defined as 29 CFR 5.2(n)(4), the work to be
performed by the classification requested is not performed by a classification in the wage
determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination; and
(4) With respect to helpers as defined in 29 CFR 5.2(n)(4), such a classification prevails in
the area in which the work is performed.

(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and
wage rate (including the amount designated for fringe benefits where appropriate), a report
of the action taken shall be sent by the contracting officer to the Administrator of the Wage
and Hour Division, Employment Standards Administration, U.S. Department of Labor,
Washington, DC 20210. The Administrator, or an authorized representative, will approve,
modify, or disapprove every additional classification action within 30 days of receipt and
so advise the contracting officer or will notify the contracting officer within the 30-day
period that additional time is necessary.

(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe benefits,
where appropriate), the contracting officer shall refer the questions, including the views of
all interested parties and the recommendation of the contracting officer, to the
Administrator for determination. The Administrator, or an authorized representative, will
issue a determination within 30 days of receipt and so advise the contracting officer or will
notify the contracting officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing
work in the classification under this contract from the first day on which work is performed
in the classification.
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                        Design, Permit & Construct Bus Canopies and Fuel System Area


(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or
mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor
shall either pay the benefit as stated in the wage determination or shall pay another bona
fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the contractor does not make payments to a trustee or other third person, the
contractor may consider as part of the wages of any laborer or mechanic the amount of any
costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,
provided, that the Secretary of Labor has found, upon the written request of the contractor,
that the applicable standards of the Davis-Bacon Act have been met. The Secretary of
Labor may require the contractor to set aside in a separate account assets for the meeting of
obligations under the plan or program.

(v)(A) The contracting officer shall require that any class of laborers or mechanics which is
not listed in the wage determination and which is to be employed under the contract shall
be classified in conformance with the wage determination. The contracting officer shall
approve an additional classification and wage rate and fringe benefits therefore only when
the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a
classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable
relationship to the wage rates contained in the wage determination.

(B) If the contractor and the laborers and mechanics to be employed in the classification (if
known), or their representatives, and the contracting officer agree on the classification and
wage rate (including the amount designated for fringe benefits where appropriate), a report
of the action taken shall be sent by the contracting officer to the Administrator of the Wage
and Hour Division, Employment Standards Administration, Washington, DC 20210. The
Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the contracting
officer or will notify the contracting officer within the 30-day period that additional time is
necessary.

(C) In the event the contractor, the laborers or mechanics to be employed in the
classification or their representatives, and the contracting officer do not agree on the
proposed classification and wage rate (including the amount designated for fringe benefits,
where appropriate), the contracting officer shall refer the questions, including the views of
all interested parties and the recommendation of the contracting officer, to the
Administrator for determination. The Administrator, or an authorized representative, will
issue a determination with 30 days of receipt and so advise the contracting officer or will
notify the contracting officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to
paragraphs (a)(1)(v) (B) or (C) of this section, shall be paid to all workers performing work
in the classification under this contract from the first day on which work is performed in
the classification.

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                        Design, Permit & Construct Bus Canopies and Fuel System Area


(2) Withholding - The Cecil County Government shall upon its own action or upon
written request of an authorized representative of the Department of Labor withhold or
cause to be withheld from the contractor under this contract or any other Federal contract
with the same prime contractor, or any other federally-assisted contract subject to Davis-
Bacon prevailing wage requirements, which is held by the same prime contractor, so much
of the accrued payments or advances as may be considered necessary to pay laborers and
mechanics, including apprentices, trainees, and helpers, employed by the contractor or any
subcontractor the full amount of wages required by the contract. In the event of failure to
pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or
working on the site of the work (or under the United States Housing Act of 1937 or under
the Housing Act of 1949 in the construction or development of the project), all or part of
the wages required by the contract, the Cecil County Government may, after written notice
to the contractor, sponsor, applicant, or owner, take such action as may be necessary to
cause the suspension of any further payment, advance, or guarantee of funds until such
violations have ceased.

(3) Payrolls and basic records - (i) Payrolls and basic records relating thereto shall be
maintained by the contractor during the course of the work and preserved for a period of
three years thereafter for all laborers and mechanics working at the site of the work (or
under the United States Housing Act of 1937, or under the Housing Act of 1949, in the
construction or development of the project). Such records shall contain the name, address,
and social security number of each such worker, his or her correct classification, hourly
rates of wages paid (including rates of contributions or costs anticipated for bona fide
fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of
the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and
actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv)
that the wages of any laborer or mechanic include the amount of any costs reasonably
anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of
the Davis-Bacon Act, the contractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the plan or program is financially
responsible, and that the plan or program has been communicated in writing to the laborers
or mechanics affected, and records which show the costs anticipated or the actual cost
incurred in providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and
trainees, and the ratios and wage rates prescribed in the applicable programs.

(ii)(A) The contractor shall submit weekly for each week in which any contract work is
performed a copy of all payrolls to the [insert name of grantee] for transmission to the
Federal Transit Administration. The payrolls submitted shall set out accurately and
completely all of the information required to be maintained under section 5.5(a)(3)(i) of
Regulations, 29 CFR part 5. This information may be submitted in any form desired.
Optional Form WH-347 is available for this purpose and may be purchased from the
Superintendent of Documents (Federal Stock Number 029-005-00014-1), U.S.
Government Printing Office, Washington DC 20402. The prime contractor is responsible
for the submission of copies of payrolls by all sub-contractors.



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(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed
by the contractor or subcontractor or his or her agent who pays or supervises the payment
of the persons employed under the contract and shall certify the following:

(1) That the payroll for the payroll period contains the information required to be
maintained under section 5.5(a)(3)(i) of Regulations, 29 CFR part 5 and that such
information is correct and complete;

(2) That each laborer or mechanic (including each helper, apprentice, and trainee)
employed on the contract during the payroll period has been paid the full weekly wages
earned, without rebate, either directly or indirectly, and that no deductions have been made
either directly or indirectly from the full wages earned, other than permissible deductions
as set forth in Regulations, 29 CFR part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and
fringe benefits or cash equivalents for the classification of work performed, as specified in
the applicable wage determination incorporated into the contract.

(C) The weekly submission of a properly executed certification set forth on the reverse side
of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement
of Compliance" required by paragraph (a)(3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the contractor or
subcontractor to civil or criminal prosecution under section 1001 of title 18 and section
231 of title 31 of the United States Code.

(iii) The contractor or subcontractor shall make the records required under paragraph
(a)(3)(i) of this section available for inspection, copying, or transcription by authorized
representatives of the Federal Transit Administration or the Department of Labor, and shall
permit such representatives to interview employees during working hours on the job. If the
contractor or subcontractor fails to submit the required records or to make them available,
the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner,
take such action as may be necessary to cause the suspension of any further payment,
advance, or guarantee of funds. Furthermore, failure to submit the required records upon
request or to make such records available may be grounds for debarment action pursuant to
29 CFR 5.12.

(4) Apprentices and trainees - (i) Apprentices - Apprentices will be permitted to work at
less than the predetermined rate for the work they performed when they are employed
pursuant to and individually registered in a bona fide apprenticeship program registered
with the U.S. Department of Labor, Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State Apprenticeship Agency recognized by the
Bureau, or if a person is employed in his or her first 90 days of probationary employment
as an apprentice in such an apprenticeship program, who is not individually registered in
the program, but who has been certified by the Bureau of Apprenticeship and Training or a
State Apprenticeship Agency (where appropriate) to be eligible for probationary
employment as an apprentice. The allowable ratio of apprentices to journeymen on the job
site in any craft classification shall not be greater than the ratio permitted to the contractor

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                        Design, Permit & Construct Bus Canopies and Fuel System Area


as to the entire work force under the registered program. Any worker listed on a payroll at
an apprentice wage rate, who is not registered or otherwise employed as stated above, shall
be paid not less than the applicable wage rate on the wage determination for the
classification of work actually performed. In addition, any apprentice performing work on
the job site in excess of the ratio permitted under the registered program shall be paid not
less than the applicable wage rate on the wage determination for the work actually
performed. Where a contractor is performing construction on a project in a locality other
than that in which its program is registered, the ratios and wage rates (expressed in
percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's
registered program shall be observed. Every apprentice must be paid at not less than the
rate specified in the registered program for the apprentice's level of progress, expressed as
a percentage of the journeymen hourly rate specified in the applicable wage determination.
Apprentices shall be paid fringe benefits in accordance with the provisions of the
apprenticeship program. If the apprenticeship program does not specify fringe benefits,
apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator of the Wage and Hour
Division of the U.S. Department of Labor determines that a different practice prevails for
the applicable apprentice classification, fringes shall be paid in accordance with that
determination. In the event the Bureau of Apprenticeship and Training, or a State
Apprenticeship Agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the contractor will no longer be permitted to utilize apprentices at
less than the applicable predetermined rate for the work performed until an acceptable
program is approved.

 (ii) Trainees - Except as provided in 29 CFR 5.16, trainees will not be permitted to work
at less than the predetermined rate for the work performed unless they are employed
pursuant to and individually registered in a program which has received prior approval,
evidenced by formal certification by the U.S. Department of Labor, Employment and
Training Administration. The ratio of trainees to journeymen on the job site shall not be
greater than permitted under the plan approved by the Employment and Training
Administration. Every trainee must be paid at not less than the rate specified in the
approved program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall be
paid fringe benefits in accordance with the provisions of the trainee program. If the trainee
program does not mention fringe benefits, trainees shall be paid the full amount of fringe
benefits listed on the wage determination unless the Administrator of the Wage and Hour
Division determines that there is an apprenticeship program associated with the
corresponding journeyman wage rate on the wage determination which provides for less
than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate
that is not registered and participating in a training plan approved by the Employment and
Training Administration shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered
program shall be paid not less than the applicable wage rate on the wage determination for
the work actually performed. In the event the Employment and Training Administration
withdraws approval of a training program, the contractor will no longer be permitted to
utilize trainees at less than the applicable predetermined rate for the work performed until
an acceptable program is approved.
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                         Design, Permit & Construct Bus Canopies and Fuel System Area


(iii) Equal employment opportunity - The utilization of apprentices, trainees and
journeymen under this part shall be in conformity with the equal employment opportunity
requirements of Executive Order 11246, as amended and 29 CFR part 30.

(5) Compliance with Copeland Act requirements - The contractor shall comply with the
requirements of 29 CFR part 3, which are incorporated by reference in this contract.

(6) Sub-contracts - The contractor or subcontractor shall insert in any subcontracts the
clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the Federal
Transit Administration may by appropriate instructions require, and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all the contract clauses in 29 CFR 5.5.

(7) Contract termination: debarment - A breach of the contract clauses in 29 CFR 5.5
may be grounds for termination of the contract, and for debarment as a contractor and a
subcontractor as provided in 29 CFR 5.12.

(8) Compliance with Davis-Bacon and Related Act requirements - All rulings and
interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5
are herein incorporated by reference in this contract.

(9) Disputes concerning labor standards - Disputes arising out of the labor standards
provisions of this contract shall not be subject to the general disputes clause of this
contract. Such disputes shall be resolved in accordance with the procedures of the
Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of
this clause include disputes between the contractor (or any of its subcontractors) and the
contracting agency, the U.S. Department of Labor, or the employees or their
representatives.

(10) Certification of eligibility - (i) By entering into this contract, the contractor certifies
that neither it (nor he or she) nor any person or firm who has an interest in the contractor's
firm is a person or firm ineligible to be awarded Government contracts by virtue of section
3:

     (a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

(ii) No part of this contract shall be subcontracted to any person or firm ineligible for
award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29
CFR 5.12(a)(1)

(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18
U.S.C.1001.




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                        Design, Permit & Construct Bus Canopies and Fuel System Area


-CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

Contract Work Hours and Safety Standards
(1) Overtime requirements - No contractor or sub-contractor contracting for any part of
the contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she is
employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.

(2) Violation; liability for unpaid wages; liquidated damages - In the event of any
violation of the clause set forth in paragraph (1) of this section the contractor and any sub-
contractor responsible therefore shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in
paragraph (1) of this section, in the sum of ten dollars ($10) for each calendar day on
which such individual was required or permitted to work in excess of the standard
workweek of forty hours without payment of the overtime wages required by the clause set
forth in paragraph (1) of this section.

(3) Withholding for unpaid wages and liquidated damages - The (write in the name of
the grantee) shall upon its own action or upon written request of an authorized
representative of the Department of Labor withhold or cause to be withheld, from any
moneys payable on account of work performed by the contractor or sub-contractor under
any such contract or any other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work Hours and Safety Standards
Act, which is held by the same prime contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and
liquidated damages as provided in the clause set forth in paragraph (2) of this section.

(4) Subcontracts - The contractor or subcontractor shall insert in any sub-contracts the
clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the
sub-contractors to include these clauses in any lower tier sub-contracts. The prime
contractor shall be responsible for compliance by any sub-contractor or lower tier sub-
contractor with the clauses set forth in paragraphs (1) through (4) of this section.

-BONDING REQUIREMENTS

Bid Bond Requirements (Construction)

(a) Bid Security

A Bid Bond must be issued by a fully qualified surety company acceptable to (Recipient)
and listed as a company currently authorized under 31 CFR, Part 223 as possessing a
Certificate of Authority as described thereunder.

(b) Rights Reserved
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                         Design, Permit & Construct Bus Canopies and Fuel System Area


In submitting this Bid, it is understood and agreed by bidder that the right is reserved by
(Recipient) to reject any and all bids, or part of any bid, and it is agreed that the Bid may
not be withdrawn for a period of [ninety (90)] days subsequent to the opening of bids,
without the written consent of (Recipient). It is also understood and agreed that if the
undersigned bidder should withdraw any part or all of his bid within [ninety (90)] days
after the bid opening without the written consent of (Recipient), shall refuse or be unable
to enter into this Contract, as provided above, or refuse or be unable to furnish adequate
and acceptable Performance Bonds and Labor and Material Payments Bonds, as provided
above, or refuse or be unable to furnish adequate and acceptable insurance, as provided
above, he shall forfeit his bid security to the extent of (Recipient's) damages occasioned by
such withdrawal, or refusal, or inability to enter into an agreement, or provide adequate
security therefore. It is further understood and agreed that to the extent the defaulting
bidder's Bid Bond, Certified Check, Cashier's Check, Treasurer's Check, and/or Official
Bank Check (excluding any income generated thereby which has been retained by
(Recipient) as provided in [Item x "Bid Security" of the Instructions to Bidders]) shall
prove inadequate to fully recompense (Recipient) for the damages occasioned by default,
then the undersigned bidder agrees to indemnify (Recipient) and pay over to (Recipient)
the difference between the bid security and (Recipient's) total damages, so as to make
(Recipient) whole. The undersigned understands that any material alteration of any of the
above or any of the material contained on this form, other than that requested, will render
the bid unresponsive.

Performance and Payment Bonding Requirements (Construction)
The Contractor shall be required to obtain performance and payment bonds as follows:

(a) Performance bonds

1. The penal amount of performance bonds shall be on hundred percent (100%) of the
original contract price, unless the (Recipient) determines that a lesser amount would be
adequate for the protection of the (Recipient).

2. The (Recipient) may require additional performance bond protection when a contract
price is increased. The increase in protection shall generally equal one hundred percent
(100%) of the increase in contract price. The (Recipient) may secure additional protection
by directing the Contractor to increase the penal amount of the existing bond or to obtain
an additional bond.

(b) Payment bonds

1. The penal amount of the payment bonds shall equal:

(i) Fifty percent of the contract price if the contract price is not more than $1 million.

(ii) Forty percent of the contract price if the contract price is more than $1 million but not
more than $5 million; or

(iii) Two and one half million if the contract price is more than $5 million.

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                         Design, Permit & Construct Bus Canopies and Fuel System Area


2. If the original contract price is $5 million or less, the (Recipient) may require additional
protection as required by subparagraph 1 if the contract price is increased.

Performance and Payment Bonding Requirements (Non-Construction)
The Contractor may be required to obtain performance and payment bonds when necessary
to protect the (Recipient's) interest.

(a) The following situations may warrant a performance bond:

1. (Recipient) property or funds are to be provided to the contractor for use in performing
the contract or as partial compensation (as in retention of salvaged material).

2. A contractor sells assets to or merges with another concern, and the (Recipient), after
recognizing the latter concern as the successor in interest, desires assurance that it is
financially capable.

3. Substantial progress payments are made before delivery of end items starts.

4. Contracts are for dismantling, demolition, or removal of improvements.

(b) When it is determined that a performance bond is required, the Contractor shall be
required to obtain performance bonds as follows:

1. The penal amount of performance bonds shall be one hundred percent (100%) of the
original contract price, unless the (Recipient) determines that a lesser amount would be
adequate for the protection of the (Recipient).

2. The (Recipient) may require additional performance bond protection when a contract
price is increased. The increase in protection shall generally equal one hundred percent
(100%) of the increase in contract price. The (Recipient) may secure additional protection
by directing the Contractor to increase the penal amount of the existing bond or to obtain
an additional bond.

(c) A payment bond is required only when a performance bond is required, and if the use
of payment bond is in the (Recipient's) interest.

(d) When it is determined that a payment bond is required, the Contractor shall be required
to obtain payment bonds as follows:

1. The penal amount of payment bonds shall equal:

(i) Fifty percent of the contract price if the contract price is not more than $1 million;

(ii) Forty percent of the contract price if the contract price is more than $1 million but not
more than $5 million; or

(iii) Two and one half million if the contract price is increased.

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                        Design, Permit & Construct Bus Canopies and Fuel System Area


Advance Payment Bonding Requirements
The Contractor may be required to obtain an advance payment bond if the contract
contains an advance payment provision and a performance bond is not furnished. The
(recipient) shall determine the amount of the advance payment bond necessary to protect
the (Recipient).

Patent Infringement Bonding Requirements (Patent Indemnity)
The Contractor may be required to obtain a patent indemnity bond if a performance bond is
not furnished and the financial responsibility of the Contractor is unknown or doubtful.
The (recipient) shall determine the amount of the patent indemnity to protect the
(Recipient).

Warranty of the Work and Maintenance Bonds

1. The Contractor warrants to (Recipient), the Architect and/or Engineer that all materials
and equipment furnished under this Contract will be of highest quality and new unless
otherwise specified by (Recipient), free from faults and defects and in conformance with
the Contract Documents. All work not so conforming to these standards shall be
considered defective. If required by the [Project Manager], the Contractor shall furnish
satisfactory evidence as to the kind and quality of materials and equipment.

2. The Work furnished must be of first quality and the workmanship must be the best
obtainable in the various trades. The Work must be of safe, substantial and durable
construction in all respects. The Contractor hereby guarantees the Work against defective
materials or faulty workmanship for a minimum period of one (1) year after Final Payment
by (Recipient) and shall replace or repair any defective materials or equipment or faulty
workmanship during the period of the guarantee at no cost to (Recipient). As additional
security for these guarantees, the Contractor shall, prior to the release of Final Payment [as
provided in Item X below], furnish separate Maintenance (or Guarantee) Bonds in form
acceptable to (Recipient) written by the same corporate surety that provides the
Performance Bond and Labor and Material Payment Bond for this Contract. These bonds
shall secure the Contractor's obligation to replace or repair defective materials and faulty
workmanship for a minimum period of one (1) year after Final Payment and shall be
written in an amount equal to ONE HUNDRED PERCENT (100%) of the CONTRACT
SUM, as adjusted (if at all).

- SEISMIC SAFETY REQUIREMENTS

Seismic Safety - The contractor agrees that any new building or addition to an existing
building will be designed and constructed in accordance with the standards for Seismic
Safety required in Department of Transportation Seismic Safety Regulations 49 CFR Part
41 and will certify to compliance to the extent required by the regulation. The contractor
also agrees to ensure that all work performed under this contract including work performed
by a subcontractor is in compliance with the standards required by the Seismic Safety
Regulations and the certification of compliance issued on the project.




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- ENERGY CONSERVATION REQUIREMENTS

Energy Conservation - The contractor agrees to comply with mandatory standards and
policies relating to energy efficiency which are contained in the state energy conservation
plan issued in compliance with the Energy Policy and Conservation Act.

- RECYCLED PRODUCTS

Recovered Materials - The contractor agrees to comply with all the requirements of
Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42
U.S.C. 6962), including but not limited to the regulatory provisions of 40 CFR Part 247,
and Executive Order 12873, as they apply to the procurement of the items designated in
Subpart B of 40 CFR Part 247.

- ADA REQUIREMENTS

ACCESS FOR INDIVIDUALS WITH DISABILITIES:

The Contractor agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy
that elderly individuals and individuals with disabilities have the same right as other
individuals to use public transportation services and facilities, and that special efforts shall
be made in planning and designing those services and facilities to implement transportation
accessibility rights for elderly individuals and individuals with disabilities. The Contractor
also agrees to comply with all applicable provisions of section 504 of the Rehabilitation
Act of 1973, as amended, with 29 U.S.C. § 794, which prohibits discrimination on the
basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended,
42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made
available to individuals with disabilities; and with the Architectural Barriers Act of 1968,
as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public
accommodations be accessible to individuals with disabilities. In addition, the Contractor
agrees to comply with applicable Federal regulations and directives and any subsequent
amendments thereto, except to the extent the Federal Government determines otherwise in
writing, as follows:

          U.S. DOT regulations, "Transportation Services for Individuals with Disabilities
         (ADA)," 49 C.F.R. Part 37;

         U.S. DOT regulations, "Nondiscrimination on the Basis of Handicap in Programs
         and Activities Receiving or Benefiting from Federal Financial Assistance,"
         49 C.F.R. Part 27;

         Joint U.S. Architectural and Transportation Barriers Compliance Board
         (U.S. ATBCB)/U.S. DOT regulations, "Americans With Disabilities (ADA)
         Accessibility Specifications for Transportation Vehicles," 36 C.F.R. Part 1192 and
         49 C.F.R. Part 38;

     4    U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability in State and
         Local Government Services," 28 C.F.R. Part 35;
52
                                             RFP 10-06
                    Design, Permit & Construct Bus Canopies and Fuel System Area


     U.S. DOJ regulations, "Nondiscrimination on the Basis of Disability by Public
     Accommodations and in Commercial Facilities," 28 C.F.R. Part 36;

     U.S. General Services Administration (U.S. GSA) regulations, "Accommodations
     for the Physically Handicapped," 41 C.F.R. Subpart 101-19;

     U.S. Equal Employment Opportunity Commission, "Regulations to Implement the
     Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R.
     Part 1630;

      U.S. Federal Communications Commission regulations, "Telecommunications
     Relay Services and Related Customer Premises Equipment for the Hearing and
     Speech Disabled," 47 C.F.R. Part 64, Subpart F; and

     U.S. ATBCB regulations, “Electronic and Information Technology Accessibility
     Standards,” 36 C.F.R. Part 1194; FTA regulations, "Transportation for Elderly and
     Handicapped Persons," 49 C.F.R. Part 609; and;

     Federal civil rights and nondiscrimination directives implementing the foregoing
     regulations

     - FEDERAL PARTICIPATION:
     Federal funds will be used to finance this project. Therefore, federal guidelines
     shall apply throughout process.




53
                                                 RFP 10-06
                        Design, Permit & Construct Bus Canopies and Fuel System Area


                                Cecil County Government
                                  200 Chesapeake Blvd.
                                       Suite 1400
                                    Elkton, MD 21921


                             Indemnity/Hold Harmless Agreement

To the fullest extent permitted by law, the undersigned Organization agrees to indemnify
and hold Cecil County Government, its elected and appointed officials, employees, and
volunteers, and others working on behalf of Cecil County Government, harmless from and
against all loss, cost, expense, damage, liability or claims, whether groundless or not,
arising out of the bodily injury, sickness or disease (including death resulting at any time
there from) which may be sustained or claimed by any person or persons, or the damage or
destruction of any property, including the loss of use thereof, based on any act or omission,
negligent or otherwise, of the Organization, or anyone acting on its behalf in connection
with or incident to Request for Proposal #10-06: Design, Permit & Construct Bus
Canopies and Fuel System for Cecil County Government, except that the Organization
shall not be responsible to Cecil County Government on indemnity for damages caused by
or resulting from Cecil County Government's sole negligence; and, the Organization shall,
at it own cost and expense, defend any such claims and any suit, action, or proceeding
which may be recovered in any suit, action, or proceeding, and any and all expense
including, but not limited to, costs, attorney's fees and settlement expenses, which may be
incurred therein.


Name of Organization: _______________________________________________

Authorized Signature: ________________________________________________

Address of Organization: _____________________________________________

Phone: _______________________________ Date: ______________________




Return this letter with Proposal Package




54
                                                 RFP 10-06
                        Design, Permit & Construct Bus Canopies and Fuel System Area


                                VENDOR RFP CHECKLIST

The following is a checklist to assist the VENDOR in verifying all required information is
provided at the RFP opening. It remains the VENDOR’s responsibility to ensure all
information is complete and attached, including information, which may not be listed on
this checklist. Any information missing at the time of the bid opening may result in
rejection of the RFP proposal. No proposals will be accepted after the designated RFP
opening time. Any questions please contact the Purchasing Office, 410-996-5395.

1. RFP package labeled properly for identification.

2. Evidence of applicability as “Local Bidder”, if applicable.

3. Completion of Certification of Vendor’s Qualifications, page #7, and attached
applicable copies of required license.

4. Completion of pages requiring information to include signatures and notary seal.

5. A copy of a Certificate of Insurance naming Cecil County Government as an
“Additional Insured” and showing all information of required Liability and Worker’s
Compensation insurance shall be provided by the VENDOR awarded the contract.

6. Proposal Bonds with proposal submittal and Payment Bonds and Performance Bonds
by the Contactor awarded the project.

7. Completion of Cost Proposal Sheet.

8. Indemnity/Hold Harmless Agreement must be signed and provided as part of the
proposal package.

9. Complete set of proposal working/draft designs as required and/or warranty information.
Complete sets of signed drawings w/ Maryland Certified Engineer to be provided by the
Contractor awarded the project.

10. Six (6) copies of the proposal package and one (1) original shall be submitted.




55
                                                RFP 10-06
                       Design, Permit & Construct Bus Canopies and Fuel System Area


                                   Cecil County, Maryland

                                          RFP No. 10-06

                                 Cecil County Government
                                     Purchasing Office
                                  200 Chesapeake Blvd.
                                         Suite 1400
                                    Elkton, MD 21921

                              REQUEST FOR PROPOSAL

Sealed Request for Proposal (RFP) for Cecil County Government for “Design, Permit &
Construct Bus Canopies and Fuel System for Cecil County Government” as described in
the proposal package for the Cecil County Government, Department of Senior Services
and Community Transit will be received from qualified VENDORs at any time and up to
1:30 p.m. on December 9, 2009 at the Purchasing Office, 200 Chesapeake Blvd., Suite
1400, Elkton, MD 21921 in the Perryville Conference Room. The proposal shall consist of
the Respondent’s proposal for 2 bus shelter canopies measuring approximately 30’ x 120’
each and an above ground gas/diesel fueling station (10,000 – 4,000 gallon tank
respectively).

 A formal presentation by the offeror may be required detailing their proposal. A Pre-
Proposal meeting will be held at the Cecil County Administrative Building, 200
Chesapeake Blvd., Elkton, MD 21921 on November 19, 2009 at 10:00 a.m. in the
Perryville Conference Room. All vendors submitting proposals are highly encouraged to
attend. A site visit will be held immediately following the Pre-Proposal meeting.

Additional specifications and/or instructions to bidders may also be obtained by e-mailing
plowe@ccgov.org (cc/ dpyle@ccgov.org) or by calling the Purchasing Department
(Pamela Lowe, Purchasing Assistant) at 410-996-5396. The Board of County
Commissioners of Cecil County reserves the right to reject any or all bids and to waive
technicalities. All bids are based upon budgetary constraints.

Bid packages may be picked up at the Purchasing Office at a non-refundable cost of
$10.00 per package (including sales tax) or per copy on a compact disc. Bid packages are
provided on the Cecil County web-page (http://www.ccgov.org) as a .pdf document for all
vendors to download.

Electronically submitted bid proposals will not be accepted. Bid proposals are provided as
a .pdf document for all vendors to download. All vendors wishing to submit a proposal
should obtain an original set of documents or a compact disc from the Cecil County
Purchasing Department. If you choose to download the package from the website,
you shall notify the Purchasing Office via e-mail or phone. Not meeting this
requirement may result in your proposal being considered as non-responsive.
Changes or addendums to this proposal and/or other documents will be posted to the
proposal documents on the County web-page and sent directly to vendors who have
obtained an original set of proposal documents or a compact disk or have obtained an
56
                                                RFP 10-06
                       Design, Permit & Construct Bus Canopies and Fuel System Area


electronic copy from the Purchasing Office. The County is not responsible for
information obtained from sources outside the Cecil County Purchasing Office,
including downloads from the County website. Vendors obtaining electronic copies
of the proposal documents from outside the Purchasing Office will be directly
responsible for obtaining updates, changes or addendums either from the updated
web-page or by contacting the Purchasing Office.

All questions or discussions concerning this bid, bid documents, specifications, etc. shall
only be coordinated through the Purchasing Office. The County shall not be responsible
for information obtained outside the County Purchasing Office concerning this or any
other County bid, RFP, solicitation or quote.

The Purchasing Office will provide vendor lists on the Cecil County web-site
(www.ccgov.org) for all solicitations published unless a vendor/contractor provides a
written request barring the disclosure of their information prior to specific proposal
award.




                                                    The Board of County Commissioners of
                                                                Cecil County

                                                    By: David E. Pyle, CPPB
                                                        Purchasing Agent
                                                        Cecil County Government




57

				
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