2025-007_ITB_North_Beach_Community_Boardwalk_Deck_Replacement.pdf

INVITATION TO BID (ITB)

TOWN OF NORTH BEACH, MARYLAND

ITB 2025-007

North Beach Community Boardwalk Deck Replacement

North Beach Town Hall 8916 Chesapeake Avenue North Beach, MD 20714

Solicitation Number ITB 2024-007 North Beach Community Boardwalk Deck Replacement

Issue Date: Monday, April 14, 2025

Issuer/Contact for Clarifications:

Amanda O’Dell, Procurement Officer rfp@northbeachmd.org

Solicitation Information Available at:

E-Maryland Marketplace Advantage (EMMA) https://emma.maryland.gov Town of North Beach Website: https://www.northbeachmd.org/bids

Pre-Bid Meeting: Mandatory Pre-bid meeting on Monday, April 21, 2025 at 10:00 am (Eastern Standard Time) located at the North Beach Pier, 9032 Bay Avenue, North Beach, MD 20714

Questions Due Date and Time:

All written questions will be due on or before Friday, April 25, 2025, by 10:00am

(Eastern standard time). All questions shall be submitted to the procurement office at rfp@northbeachmd.org

Answers will be returned by Tuesday, April 29, 2025.

Proposals are to be delivered and opened by:

Monday, May 5, 2025 by 10:00 AM (Eastern Standard Time) North Beach Town Hall Procurement Office 8916 Chesapeake Avenue North Beach, MD 20714

Proposal Validity Period:

All proposals received must be valid for 120 calendar days from the date that responses to this solicitation are due.

Funding: Multiple Town of North Beach funding sources will be used to fund this contract.

mailto:rfp@northbeachmd.org https://emma.maryland.gov/ https://www.northbeachmd.org/bids

TABLE OF CONTENTS

TITLE PAGE NUMBER(S)

NOTICE TO CONTRACTORS 1.1 – 1.3

PRICE PROPOSAL 2.1 – 2.4

GENERAL CONDITIONS OF BID AND CONTRACT 3.1 – 3.8

SPECIFICATIONS 4.1 – 4.4

EQUAL OPPORTUNITY EMPLOYER AND DRUG FREE WORKPLACE CERTIFICATION 5.1 – 5.4

AFFIDAVIT OF PUBLIC CONTRACTING ELIGIBILITY

SAMPLE AGREEMENT 6.1 – 6.2

1.1

NOTICE TO CONTRACTORS

Sealed bids shall be due on or before Monday, May 5, 2025, at 10:00 am (Eastern Standard Time) for:

A mandatory pre-bid meeting shall be held on: Monday, April 21,2 025 at 10:00 am.

To be considered for the award, a bid shall comply in all material respects with the Invitation to Bid (hereinafter, ITB). Such compliance enables Contractors to stand on an equal footing and maintain the integrity of the sealed bidding system.

A bid opening will be held on Monday, May 5, 2025 at 10:00 AM Eastern Standard Time at the North Beach Town Hall, 8916 Chesapeake Avenue, North Beach, MD 20714.

Bids shall be submitted in a SEALED ENVELOPE with a label affixed to the front containing the information required below. The Town of North Beach reserves the right to reject bids improperly labeled. The envelope shall also show the Contractor’s name, address, and Bid number.

The Contractor shall submit their response as follows:

1. Ship package through UPS, FedEx, or hand delivery to:

TOWN OF NORTH BEACH

PROCUREMENT OFFICE

ITB 2025-007 BOARDWALK DECK REPLACEMENT

8916 CHESAPEAKE AVE

NORTH BEACH, MARYLAND 20714

OR

2. Ship package through the United States Postal Service (USPS) to:

TOWN OF NORTH BEACH

PROCUREMENT OFFICE

ITB 2025-007 BOARDWALK DECK REPLACEMENT

PO BOX 99

NORTH BEACH, MARYLAND 20714

No electronic submissions will be accepted.

1.2

Contractors are responsible for the timely delivery of their bids. Bids must be received before the due date and time set for the closing of bid acceptance. If a bid is received after the date and hour set for the bid closing, such bid shall not be accepted.

Submission of bids to a Town of North Beach employee, other than the Issuer/Contact for Clarification identified herein as having authority to accept such submission, shall not be deemed proper delivery.

If an emergency or unanticipated event interrupts normal government operations such that bids cannot be received at the Town of North Beach Procurement Office by the exact time specified in the ITB and urgent Town of North Beach requirements preclude amendment of the bid opening date, the time specified for receipt of bids shall be deemed to be extended to the same time of day specified in the ITB on the first work day on which normal governmental operations resume.

All bids received before the time set for the opening of bids shall be kept secure. The bids shall not be opened or viewed, and shall remain in a locked bid box, a safe, or in a secure, restricted-access bid box. If an ITB is cancelled, bids shall be returned to the Contractors. Necessary precautions shall be taken to ensure the security of the bid box or safe. Before bid opening, information concerning the identity and number of bids received shall only be made available to employees of the Town of North Beach Procurement Office. Such disclosure shall be only on a “need to know” basis. If bid samples are submitted, they shall be handled with sufficient care to prevent disclosure of characteristics before bid opening.

Bids made on any form(s) other than the required form(s) included in this ITB shall not be considered. Changes in the phraseology of the bid, additional or limiting provisions, shall render the bid informal and may cause its rejection.

Contractors shall be responsible for obtaining all documentation relating to this ITB, including but not limited to any addenda issued by going to eMaryland Marketplace Advantage at https://emma.maryland.gov, or the North Beach website at northbeachmd.org prior to submitting their bid.

Changes to the Information for Contractors or Technical Specifications shall only be made in writing. Town of North Beach assumes no responsibility for verbal instructions or interpretations, nor should any contractor rely upon any verbal instructions or interpretations.

Unless otherwise specified, all formal bids shall be binding for 120 calendar days following the bid-opening date, unless extended by mutual consent of all parties.

Town of North Beach is tax exempt, and all prices quoted shall be exclusive of any Federal or Maryland State Taxes. This includes Federal Excise Tax and any other Excise Tax applicable to any other equipment or accessories. However, taxes are required to be paid by the Contractor on all materials and equipment to be incorporated into the project. The Contractor is prohibited from using Town of North Beach’s tax-exempt number for any purchases.

Contractors are warned against submitting unbalanced proposals, as this will render them liable to rejection.

The right is hereby reserved to reject any or all proposals, and to waive informalities, as the interest of Town of North Beach may require.

If the Contractor to whom an award is made shall fail to execute an agreement in the same form as that attached hereto, as herein provided, the award may be annulled and the Contract awarded to the next lowest responsible bidder, and such bidder shall timely execute the agreement. The Town of North Beach also may reject all bids as its interests may require.

https://emma.maryland.gov/

1.3

Contractors shall examine all documentation carefully. In case doubt shall arise as to the meaning or intent of anything contained in the specifications, an inquiry shall be made to the Procurement Office before a bid is submitted. Written questions and inquiries shall be accepted from all Contractors. The Procurement Office shall be the sole point of contact for this solicitation unless otherwise instructed herein. Written requests for information related to this ITB shall be directed to the Procurement Office, Amanda O’Dell, by email to rfp@northbeachmd.org. Contact with Town of North Beach staff not identified herein regarding this ITB may result in the disqualification of the Contractor. Inquiries pertaining to this ITB shall give the ITB number, title, due date, and time. Written questions shall be due on or before Friday, April 25, 2025, by 10:00 am (Eastern Standard Time). All Contractors are responsible for ensuring they have received all addenda and other documents issued. Any addenda issued shall become a part of the Contract Documents and shall be fully considered by all Contractors during formation of Bids. The submission of a bid shall indicate the Contractor thoroughly understands the terms of all Contract Documents.

The submission of a bid in response to this ITB shall be considered as a representation that the Contractor has carefully investigated all conditions which affect or may, at some future date, affect the performance of the work or services covered by the proposal, the entire area to be serviced as described in the specifications and other Contract Documents, and that the Contractor is fully informed concerning the conditions to be encountered, character, quality and quantity of work to be performed, and equipment and materials to be furnished; also, that the Contractor is familiar with all Federal, State and County laws, and all codes and ordinances of the Town of North Beach that affect the prosecution of the work and persons engaged or employed in the work or the materials and equipment used in the work.

Contractors are required to execute the following forms and provide the requested information and include it as part of their bid. Failure to do so may be a cause for rejection of a bid as nonresponsive.

1. Price Proposal

2. Equal Opportunity Employer And Drug Free Workplace Certification

3. Affidavit of Public Contracting Eligibility

4. Subcontractors and Suppliers

5. Addenda, if Applicable

6. Questions and Answers/Clarification, if Applicable

The results for this ITB shall be posted on Town of North Beach web site at https://www.northbeachmd.org/bids/all https://www.northbeachmd.org/bids/all

CONTRACTOR’S LEGAL BUSINESS NAME: ______________________________________________________

AUTHORIZED SIGNATURE: ____________________________________________DATE: ________________ PRINTED NAME: ___________________________________________________ TITLE: _________________

2.1

PRICE PROPOSAL

TO THE TOWN OF NORTH BEACH: The undersigned agrees to furnish all labor, material, and equipment necessary to provide NORTHBEACH COMMUNITY BOARDWALK DECK REPLACEMENT, as specified, to the Town of North Beach in accordance with all provisions of the ITB, the ATTACHED SPECIFICATIONS, and other documents contained and/or referenced herein and at the following price(s):

ITEM # DESCRIPTION TOTAL

1 Materials $

2 Labor $

3 Additional Costs $

TOTAL LUMP SUM BID $

ADDITIONAL MATERIAL (IF REQUIRED)

4 New Joist 3x12x12’ labor and material included $

CONTRACTOR SHALL ALSO PROVIDE A BREAKDOWN SHEET AS PART OF YOUR PROPOSAL TO INCLUDE WITHOUT LIMITATION, ALL MATERIALS, LABOR HOURS AND HOURLY RATES, SUBCONTRACTOR FEES, AND

ALL ASSOCIATED PROJECT COSTS AND ADDITIONAL FEES.

Verify the calculation of your math. In the event of computation errors, unit price shall be the total's determining factor.

CONTRACTOR’S LEGAL BUSINESS NAME: ______________________________________________________

AUTHORIZED SIGNATURE: ____________________________________________DATE: ________________ PRINTED NAME: ___________________________________________________ TITLE: _________________

2.2

It is further agreed by the Undersigned that upon receipt of written notice of the acceptance of a bid, the necessary Contract shall be executed by the Contractor and returned to the Town of North Beach within ten

(10) business days of the date of such notice.

No Contractor shall withdraw their bid within 120 calendar days after the opening thereof.

The undersigned has caused this bid to be executed as of the day and year indicated on each page and hereby agrees to provide the aforementioned products and/or services necessary for compliance with the Contract Documents and agrees to provide these for the price(s) indicated in this form.

The time for performance of this Contract shall begin from the date of the Notice to Proceed or as otherwise directed by the Town of North Beach.

By signing and submitting a bid, your firm acknowledges and agrees that it has read and understands the ITB documents and agrees to the Contract Terms and Conditions as contained herein, which shall form the basis of the contract.

2.3

NAME AND SIGNATURE REQUIREMENTS FOR BID AND CONTRACTS

The legal business name and principal office AS RECORDED WITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION (SDAT) for Maryland shall be used on all forms submitted. A trade name (i.e., a shortened or different name under which the firm does business) shall not be used when the legal name is different. Corporations shall have names complying with State law. The Contractor’s signature shall conform to the following:

All signatures shall be made by an authorized officer, partner, manager, member, or employee. The signing of an offer by a contractor is a representation and certification by the person signing that the person signing is authorized to do so on behalf of the Offeror or Contractor.

CONTRACTOR’S LEGAL BUSINESS NAME

TELEPHONE NUMBER

PRINCIPAL OFFICE ADDRESS

FAX NUMBER

REMITTANCE ADDRESS: (If Remittance Address is Different from Above Address)

EMAIL ADDRESS

NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (TYPE OR PRINT)

SIGNATURE OF ABOVE PERSON DATE

WITNESS DATE

CONTRACTOR’S LEGAL BUSINESS NAME: ___________________________________________________

AUTHORIZED SIGNATURE: _________________________________________DATE: ________________

2.4

REFERENCES

List at least three references for whom your company provided the service as outlined in this Invitation to Bid during the past three (3) years. Town of North Beach reserves the right to request additional information regarding past and current clients for whom the Contractor has provided the services requested in this ITB.

Town of North Beach reserves the right to check all references furnished and consider the response(s) received in determining award of this Contract.

1. Company: ____________________________________________________

Address: _____________________________________________________

Contact Person: _______________________________________________

Telephone: ___________________________________________________

E-Mail Address: ________________________________________________

2. Company: ____________________________________________________

Address: _____________________________________________________

Contact Person: _______________________________________________

Telephone: ___________________________________________________

E-Mail Address: ________________________________________________

3. Company: ______________________________________________________

Address: _______________________________________________________

Contact Person: _________________________________________________

Telephone: _____________________________________________________

E-Mail Address: _________________________________________________

Specify the number of years your firm has been in business as a contractor providing the requested services/commodities: ________________. (Shall be at least 3 years.)

3.1

GENERAL CONDITIONS OF BID AND CONTRACT

DEFINITIONS. Wherever the words defined in this section, or pronouns used in their stead, occur in the specifications, proposal, contract, or bond, they shall have the meanings herein given and as defined:

BIDDER/OFFEROR/CONTRACTOR shall mean a firm that responds to this ITB with a bid.

TOWN OF NORTH BEACH COUNCIL shall mean the governing board of elected officials of Town of North Beach, Maryland noted hereinafter as Town of North Beach (or the officially authorized official).

CONTRACT DOCUMENTS shall mean those written documents that define the roles and responsibilities, and work under the Contract, and are legally binding on the parties (Town of North Beach and the Contractor). The individual documents constituting the Contract Documents are as outlined herein under Contract Interpretation by the Project Manager.

PROJECT MANAGER shall mean that person designated to supervise performance of this Contract on behalf of the Town of North Beach within the scope of duties entrusted under such authority.

Whenever the Contract Documents or upon any drawings the words DIRECTED, REQUIRED, PERMITTED, ORDERED, DESIGNATED, PRESCRIBED, or words of like import are used, it shall be understood that the direction, requirement, permission, order, designation, or prescription of the Project Manager is intended, and similarly the words APPROVED, ACCEPTABLE, SATISFACTORY, or, words of like import, shall mean approved by, acceptable or satisfactory to, the Project Manager, unless otherwise expressly stated.

CONTRACT INTERPRETATION BY THE PROJECT MANAGER. Any inconsistencies or ambiguities in the Contract Documents shall be immediately reported, in writing, to the Project Manager. Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Contractor to the Project Manager with a Request for Information. The Project Manager shall respond to the Contractor in writing with a decision within fifteen (15) calendar days of receipt of the request, or if it is necessary to extend this period, the Project Manager shall notify the Contractor in writing as to when a decision will be made.

Work done by the Contractor after its discovery of such inconsistencies or ambiguities without such notice and prior to response from the Project Manager shall be done at the Contractor’s risk.

In resolving conflict, error, or discrepancies within the Contract Documents, the Contract Documents shall be given precedence in the following order (Change Orders, highest precedence and Notice to Contractors, lowest precedence):

Change Orders Addenda Federal, State, and/or Town Requirements Contract General Conditions of Bid and Contract Specifications Price Proposal Notice to Contractors

In the event that conflicts, errors, or discrepancies are not resolved by the Contract Documents’ order of precedence, the more restrictive provision shall govern.

3.2

BID FORMS AND AFFIDAVITS

All bids shall be submitted on the forms provided, signed by a principal authorized to make contracts, and submitted in a sealed envelope.

The attached Anti-Bribery Affirmation and Affidavit of Qualification to Bid form and other required forms contained herein shall be submitted with bids. Failure to comply may be cause for rejection of bids.

BRAND NAME OR EQUAL ITEMS

Unless otherwise provided in the ITB, the name of a certain brand, make or manufacturer does not restrict Contractors to the specific brand, make or manufacturer named; it conveys the general style, type, character and quality of the article desired, and any article which Town of North Beach in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted.

FORMAL SOLICITATION

When a formal specification (no substitutes) is included or referred to in the solicitation, no deviation therefrom shall be permitted, and the Contractor shall be required to furnish articles in conformity with that specification.

NEW GOODS, FRESH STOCK

All Contractors, unless otherwise specifically stated, shall provide new commodities, fresh stock, latest model, design, or pack.

DEVIATIONS TO SPECIFICATIONS

Any deviations from the specifications shall be noted in detail by the Contractor in writing and submitted with the price proposal. Town of North Beach reserves the right to accept or reject any deviation.

POLITICAL CONTRIBUTIONS

If this contract involves cumulative consideration of at least $200,000, the Contractor shall file with the State Board of Elections a statement under oath containing: (i) the name of each candidate, if any, to whom one or more applicable contributions in a cumulative amount of $500 or more were made during the reporting period;

(ii) the office sought by each candidate; (iii) the amount of aggregate contributions made to each candidate; (iv) the name of each unit of a governmental entity with which the person did public business during the reporting period; (v) the nature and amount of public business done with the Town; and (vi) if the contract or the contribution is attributed to another person who is filing the statement, the name of the contracting entity or the person who made the contribution and the relationship of that person to the person filing the statement. The Contractor’s initial statement shall be filed at that time of the inception of the contract, and shall cover the preceding 24 months, and the Contractor shall thereafter file a semi-annual statement, for the six months ending on January 31 or July 31 of every year, for each reporting period during which performance remains uncompleted on the contract, and shall be filed within 5 days after the end of the applicable reporting period.

SET OFF

In the event that the Contractor shall owe an obligation of any type whatsoever to the Town at any time during the term hereof, or after the termination of the relationship created hereunder, the Town shall have the right to offset any amount so owed the Contractor against any compensation due to the Contractor for the provision of the Services.

CONSENT TO USE OF ELECTRONICALLY STORED SIGNATURES AND DOCUMENTS

The Contractor agrees that: (i) inserting an electronically stored copy of a signature and submitting any document(s) to the Town electronically legally binds Contractor in the same manner as if Contractor had signed in a non-electronic form or had submitted an original document to the Town for execution, and (ii) any document

3.3 that is electronically stored or contains an electronically-stored image of a signature of the Contractor shall be considered to be a true, accurate and complete record, legally enforceable in any proceeding to the same extent as if such documents were originally generated and maintained in printed form. The Contractor agrees not to contest the admissibility or enforceability of an electronically stored copy of this Agreement and any other documents.

RECORD RETENTION, AUDITS, AND INSPECTIONS

The Contractor shall:

A. Retain all financial and project-related records for three (3) years from the date of final payment hereunder.

B. Permit the Town to access all records, including all subcontracts covered by this Agreement, to make audits, examinations, reproductions, excerpts, and transcripts. Access shall be available during normal business hours and as often as deemed necessary by the Town.

PROHIBITION AGAINST UNIFORM PRICING

Town of North Beach encourages open and competitive bidding by all possible means and endeavors to obtain the maximum degree of open competition on all purchase transactions using the competitive sealed bidding, competitive negotiation, or open market transaction methods of procurement. In submitting a bid, each Contractor shall, by virtue of submitting a bid, guarantee that the Contractor has not been a party with other Contractors to an agreement to bid a fixed or uniform price. Violation of this implied guarantee shall render void the bid of such Contractors. Any disclosure to or acquisition by a competitive Contractor, before the bids open, of the terms or conditions of the bid submitted by another competitor shall render the entire proceedings void and require re-advertising the bids.

AWARD OR REJECTION OF BIDS

Town of North Beach shall award the Contract to the lowest responsible bidder, subject to its right to reject any or all bids. The Town of North Beach reserves the right to award a Contract by individual items, in the aggregate, or in combination thereof, and to waive any informality in bids received whenever such rejection or waiver is in the best interest of Town of North Beach. The Town of North Beach reserves the right to reject all bids and make purchases based on state, county, or municipal contracts that are established by a legal competitive process whenever it is in the best interest of the Town of North Beach to do so. Town of North Beach also reserves the right to reject the bid of a Contractor who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a Contractor who upon investigation shows is not in a position to perform the Contract.

In determining the “lowest responsible bidder,” in addition to considering price, Town of North Beach shall consider:

1. The ability, capacity, and skill of the bidder to perform the Contract or provide the services required;

2. Whether the bidder can perform the Contract or provide the service promptly, or within the time specified, without delay or interference;

3. The character, integrity, reliability, reputation, judgment, experience, and efficiency of the bidder;

4. The quality of performance of previous contracts or services;

5. The previous and current compliance by the bidder with laws and ordinances relating to the Contract or service;

6. Whether the bidder is in arrears to Town of North Beach on any debt or Contract, is in default on any surety to Town of North Beach, or is delinquent as to any taxes or assessments; and

7. Any other information that may affect the decision to award the Contract.

3.4

NON-DISCRIMINATION IN EMPLOYMENT

During the performance of this Contract, the Contractor agrees as follows:

1. The Contractor shall not discriminate against any employee or applicant for employment because of age, race, religion, color, sex, national origin, gender identity, sexual orientation, or disability (physical or mental). The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, shall state that such Contractor is an equal opportunity employer. In addition to complying with the provision of Equal Opportunity, the Contractor shall, in good faith, cooperate with Town of North Beach in investigation of Equal Employment Opportunity (EEO) complaints, whether formal or informal.

3. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient to meet this section's requirements.

4. The Contractor shall include the provisions above in every subcontract or purchase order so that the provisions shall be binding upon each subcontractor or vendor.

INDEMNIFICATION

The contractor is responsible for any loss, personal injury, death, and any other damage (including incidental and consequential) arising out of, incident to, or caused by reason of the Contractor’s actions or inaction. The contractor must indemnify and hold the Town harmless from any loss, cost, damage, and other expenses, including attorney’s fees and litigation expenses, arising out of, incident to, or caused by the Contractor’s negligence, malfeasance, or failure to perform any of its contractual obligations. If requested by the Town, the Contractor must defend the Town in any action or suit brought against the Town arising out of the Contractor’s actions or inactions under this Agreement. The actions or inactions of any agent, subcontractor, or employee of Contractor is deemed to be that of Contractor. For the purposes of this Subsection, the Town includes its agents, officials, and employees.

INSURANCE

The Contractor shall not commence work under this Contract until it has submitted the required certificates of insurance evidencing the insurance required under this section. All coverages shall be with insurance carriers licensed and authorized to do business in Maryland. Insurance companies providing insurance shall be acceptable to the Town of North Beach. It shall be the Contractor’s responsibility to make immediate notification to the Town of North Beach if any changes are made to the policy.

1. Certificate Holder, Additional Insured, and Contract Information

a. The Town of North Beach, Maryland shall be named as certificate holder and as an additional insured for the duration of the Contract as follows:

Town of North Beach Attention: Procurement Office 8916 Chesapeake Ave North Beach, Maryland 20714

b. The certificate shall also indicate the contract name and number.

c. Additional insured shall be as pertains to general liability and automobile liability.

d. The “ADDL INSD” box shall be checked for general liability and automobile liability.

3.5

2. Commercial General Liability Insurance

Comprehensive Liability Insurance: Limits of coverage for commercial general liability and broad form property damages coverage are to be no less than One Million Dollars ($1,000,000.00) occurrence/One Million Dollars ($1,000,000.00) aggregate personal injury and death and Two Hundred Fifty Thousand Dollars ($250,000.00) property damage/ Five Hundred Thousand Dollars ($500,000.00) aggregate, where insurance aggregates apply.

3. Automobile Liability Insurance

Automobile Liability Insurance. Motor vehicle insurance meets the requirements of Maryland law and covers every vehicle and driver involved in providing the services, in the following amounts:

(1) Bodily injury liability with limits of $500,000.00 each person and $1,000,000.00 each accident.

(2) Property damage liability with a limit of $250,000 for each accident.

4. Marine Liability

Comprehensive Marine Liability in an amount no less than $1,000,000 per occurrence and $2,000,000 general aggregate. This policy should be combined with the other forms (such as Ship Repairs’ Legal Liability and Stevedores’ Legal Liability) of marine liability coverage to cover operations, contractual liability, and products/completed operations liability exposure of the maritime operator, including bodily injury and property damage

Liability.

5. Builders Risk

The Contractor shall carry, at his own expense, Builder’s Risk Insurance or its equivalent for the full contract amount against the perils of Fire, Lightning, Extended Coverage and Vandalism and Malicious Mischief, subject only to the minimum standard deductibles currently filed with the Insurance Service Office and the State Insurance Department.

Calvert County Government shall provide no coverage during the construction period. All policies are to be written jointly in the name of the Board and that of the Contractor, as their respective interests may appear. To be provided on a project-by-project basis as required.

6. Workers’ Compensation

Failure of the Contractor to maintain Worker’s Compensation coverage for the duration of the contract will result in the Town deducting from each payment made under this contract to the Contractor, a pre-determined percentage to defray coverage costs of the Town. The contractor shall comply with the requirements and benefits established by the State of Maryland for Workers’ Compensation.

7. Notice of Cancellation

Prior to starting performance of the Contract and for each extension of the Contract, a certificate of insurance shall be furnished to the Town of North Beach. Insurance companies providing insurance shall be acceptable to the Town of North Beach. The Contractor agrees to furnish the Town of North Beach a certificate of insurance evidencing that all coverage, limits, and endorsements required herein are maintained and in full force and effect. If the contractor receives a non-renewal or cancellation notice from an insurance carrier affording covered required herein, or receives notice that coverage no longer complies with insurance requirements herein, the Contractor agrees to notify the Town of North Beach within two (2) business days with a copy of the non-renewal or cancellation notice, or written specifics as to

3.6 which coverage is no longer in compliance. It shall be the contractor’s responsibility to make immediate notification to the Town of North Beach if any changes to the policy are made.

WORK TO BE DONE AND MATERIALS TO BE FURNISHED

The Contractor shall perform all the work and furnish all the labor, material, tools, and appliances necessary or proper for performing the work required during the term of this Contract, in the manner called for by any drawings. The Contractor shall complete the required work, together with such extra work as may be required to the satisfaction of Town of North Beach and the Project Manager or duly authorized representative(s) and in accordance with any drawings. All installations and materials shall comply with building codes in effect at the time work is performed.

MAINTENANCE OF TRAFFIC

The Contractor shall carry on their work in such a manner to cooperate with all pedestrian and vehicular traffic to the adjacent areas. The Contractor shall cooperate to always keep access to adjacent properties or areas. The attention of the Contractor is directed to the fact that right of way for emergency and/or construction vehicles shall be maintained by the Contractor at all times.

RESTORATION OF DISTURBED SURFACES

If necessary, upon completion of work under this project, any streets, driveways, walks, steps, lawns, and slopes which have been disturbed shall be restored to their original condition and the cost thereof shall be included in the various unit prices bid.

COMPLIANCE WITH ENVIRONMENTAL LAWS

During the construction, the Contractor shall comply with all pertinent requirements of Federal, State, and local environmental laws and regulations, including, but not limited to, the Federal Clean Air Act, State and local air pollution and noise ordinances, and construction site erosion control regulation.

ACCIDENT PREVENTION

Precautions shall be exercised at all times for the protection of persons and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery and equipment and other hazards shall be guarded in accordance with the safety provisions of the Manual of Accident Prevention in Construction, published by the Associated General Contractors of America, to the extent that such provisions are not inconsistent with applicable law or regulation.

WORKMANSHIP

All materials furnished and all work done shall be of the quality and character required by any drawings and projects to be completed during the course of the Contract. Where no standard is specified for such work or materials, they shall be of a kind acceptable to the Project Manager or duly authorized representative.

Any unsatisfactory materials furnished, or work performed, at whatever time discovered, shall be immediately removed and satisfactorily replaced by the Contractor when notified to do so by the Project Manager or duly authorized representative. If the Contractor neglects or refuses to remove such unsatisfactory work or material within forty-eight (48) hours after the receipt of the abovementioned notice, or if the Contractor shall not make satisfactory progress in doing so, Town of North Beach may cause said work or material to be removed and satisfactorily replaced, by contract or otherwise, and the expense thereof shall be charged to the Contractor. Such expense shall be deducted from any monies due or to become due to the Contractor under the contract. UPON COMPLETION OF PROJECTS UNDER THIS CONTRACT, THE ENTIRE WORK SHALL BE DELIVERED TO TOWN OF NORTH BEACH PERFECT AND COMPLETE AND IN A SATISFACTORY WORKING

CONDITION.

3.7

EMPLOYMENT OF SKILLFUL PERSONNEL

The Contractor shall employ only competent, skillful personnel to perform or supervise the work, and whenever the Project Manager or duly authorized representative shall, in writing, notify the Contractor that any personnel employed on the work is, in Town of North Beach’s opinion incompetent, disobedient, unfaithful, disorderly, discourteous, or otherwise unsatisfactory, such employee shall be removed and shall not again be employed on the work, except with the consent of the Project Manager or duly authorized representative.

CARE AND PROTECTION OF WORK

From the commencement of each project during the course of this Contract until its completion, the Contractor shall be solely responsible for the care of the work and all injury or damage to the same, from whatever cause shall be made good by the Contractor, at the Contractor's own expense, before the final payment is made. The Contractor shall provide suitable means of protection for all materials intended to be used in the work and for work in progress, as well as for completed work.

INJURY TO PROPERTY

In case any direct or indirect damage is done to public or private property, by or because of the work, or in consequence of any act or omission on the part of the Contractor, the Contractor's employees or agents, the Contractor shall, at the Contractor's own cost, restore such property to a condition similar or equal to that existing before such damage was done, by repairing, rebuilding, or otherwise, as may be required by the Project Manager or duly authorized representative or shall make good such damage in a satisfactory manner;

and in case of failure on the part of the Contractor to promptly so restore such property, or make good such damage, the Project Manager or duly authorized representative may, upon forty-eight (48) hours' written notice, proceed to repair, rebuild, or otherwise restore such property, as may be necessary, and the cost thereof shall be deducted from any monies due or to become due the Contractor under the Contract; or Town of North Beach may deduct, from any monies due the Contractor, a sum sufficient, in the judgment of the Project Manager or duly authorized representative, to reimburse the owners of the property so damaged.

SUBLETTING OF CONTRACT OR ASSIGNMENT OF CONTRACT FUNDS

It is mutually understood and agreed that the Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of their contractual duties to any other person, firm, or corporation, without the prior written consent of Town of North Beach which may be withheld for any reason or no reason at all.

If the Contractor desires to assign their right to payment of the Contract, Contractor shall immediately notify Town of North Beach, in writing, of such assignment of right to payment. In no case shall such assignment of Contract relieve the Contractor from their obligations or change the terms of the Contract.

TERMINATION OF CONTRACT

A. The Town of North Beach may terminate the contract, in whole or in part, whenever the Town of North Beach determines that such termination is in the best interest of the Town, without showing cause, upon giving written notice to the Contractor and stating the effective date of the termination. In the event of termination that is not the fault of the Contractor, the Town of North Beach shall pay to the Contractor the compensation due for work properly performed by the Contractor up to the date of termination. However, in no event shall the Contractor be paid an amount which exceeds the price proposed for the work performed. The Contractor shall not be reimbursed for any profits which may have been anticipated but which have not been earned up to the date of termination.

B. In the event the Contractor breaches or defaults upon its obligations hereunder, or through any cause fails to perform any of the terms, covenants, or provisions of this Contract, or for any cause fails to make progress in work hereunder in a reasonable manner, or if the conduct of the Contractor impairs or prejudices the interests of the Town, or if the Contractor violates any of the terms, covenants, or provisions of this Contract, the Town shall have the right to terminate this Contract by giving notice in

3.8 writing of the termination and date of such termination to the Contractor. The Town shall have the sole discretion to permit the Contractor to remedy the cause of the contemplated termination without waiving the Town’s right to terminate the Contract. The Town may take over work to be done under this Agreement and prosecute the work to completion by Contract or otherwise, and the Contractor shall be liable to the Town for all costs in excess of the total amount the Town would have paid the Contractor had there been no breach or default.

C. The Services may be terminated immediately whenever adequate funds have not been appropriated by the Town Council in the annual budget for the purpose set forth herein. The Contractor is advised that the Town does not guarantee the appropriation of funds for any subsequent fiscal year (beginning July 1). The Contractor shall not perform services in any fiscal year following the current fiscal year without verification from the Town Administrator that adequate funds have been appropriated for that purpose in the budget for the relevant fiscal year. In the event Town of North Beach does not appropriate funds for the continuation of this Contract, then the affected multi-year contract becomes null and void effective July 1 of the fiscal year for which such approvals have been denied. Upon such termination, the Town shall be liable to the Contractor only for payment for services actually provided prior to the effective date of the termination. No consideration shall be given for anticipated loss of revenue or profit on the cancelled portion of the Contract.

D. Upon the conclusion of the Contract or the termination of this Agreement for any reason, all drawings, specifications, and other documents relating to the design, prosecution, or supervision of work shall be surrendered forthwith by the Contractor to the Town.

SERVICE DELIVERY FAILURES

Failures of a Contractor to provide the services required under this Contract within the time specified, or within reasonable time as interpreted by Town of North Beach shall constitute authority for Town of North Beach to procure the services required under this Contract in the open market. On all such purchases, the Contractor shall reimburse Town of North Beach, within a reasonable time as specified by Town of North Beach, for any expense incurred in excess of Contract prices. Such purchases shall be deducted from Contract quantities.

NON-LIABILITY

The Contractor shall not be liable in damages for delay in shipment or failure to deliver when such delay or failure is the result of fire, flood, strike, the transportation carrier, act of God, act of Government, act of an alien enemy or by any other circumstances which, in Town of North Beach's sole opinion, is unforeseeable and beyond the control of the Contractor. Under such circumstances, however, the Procurement Office may at their discretion, cancel the Contract.

PAYMENT

Payment shall be made after satisfactory performance of the Contract, in accordance with all the provisions thereof, and upon receipt of a properly completed invoice. Town of North Beach reserves the right to withhold any or all payments or portions thereof for Contractor’s failure to perform in accordance with the provisions of the Contract or any modifications thereto.

OWNERSHIP OF DOCUMENTS

Any reports, specifications, or other documents prepared by the Contractor in the performance of its obligations under the resulting contract shall be the exclusive property of Town of North Beach, and all such materials shall be surrendered to Town of North Beach upon completion, termination, or cancellation of this Contract. The Contractor shall not use, willingly allow, or cause such materials to be used for any other purpose than performance of all Contractor’s obligations under the resulting Contract without the prior written consent of Town of North Beach. Documents and materials developed by the Contractor under the resulting contract shall be the property of the Town of North Beach; however, the Contractor may retain file copies, 3.9 which cannot be used without prior written consent of the Town of North Beach. Town of North Beach agrees that the Contractor shall not be liable for any damages, loss, or injury resulting from future use of the provided documents for other than the project specified when the Contractor is not the company of record.

INCURRING COSTS

Town of North Beach shall not be liable for any costs incurred by the Contractor prior to the issuance of the contract.

COMPLETENESS

All information required by this ITB shall be supplied to constitute a proper bid. Town of North Beach shall not be responsible for the premature opening of bids if not properly addressed or identified.

COOPERATIVE PURCHASES

1. Acceptance of this bid and submission of a proposal is an agreement to extend the same prices, terms, and conditions to other governmental agencies, and public or quasi-public agencies that receive government funds that require these commodities and/or services.

2. All purchase and payment transactions shall be made directly between the Contractor and the requesting entity. The Town of North Beach assumes no obligation on behalf of any other public entity.

ARITHMETICAL ERRORS

Any errors in computations shall be corrected when the proposals are canvassed.

SOVEREIGN IMMUNITY

By entering into this Contract, Town of North Beach and its “employees,” as defined in the Local Government Tort Claims Act, §§5-301, et seq. of the Courts and Judicial Proceedings Article, do not waive sovereign immunity, do not waive: any defenses; any limitations of liability as may be provided for by law; or any provision of the Local Government Tort Claims Act.

THIRD PARTY BENEFICIARY

It is specifically agreed between the parties executing this Contract that it is not intended by any of the provisions of this Contract to create in the public or any member thereof, third party beneficiary status in connection with the performance of the obligations herein without the written consent of Town of North Beach and notwithstanding its concurrence in or approval of the award of any contract or subcontract or the solicitation thereof in fulfilling the obligations of the Contract.

SUFFICIENT APPROPRIATIONS

Town of North Beach's financial obligations, if any, under this Contract are contingent on sufficient appropriations and authorization made by Town of North Beach for its performance. Town of North Beach's decision as to whether sufficient appropriations are available shall be accepted by the other party or parties to this Contract and shall be final.

SEVERABILITY

In the event any portion of this Contract is found to be unconstitutional, illegal, null, or void, by a court of competent jurisdiction, it is the intent of Town of North Beach to sever only the invalid portion or provision, and that the remainder of the Contract shall be enforceable and valid, unless deletion of the invalid portion would defeat the clear purpose of the Contract, or unless deletion of the valid portion would produce a result inconsistent with the purpose and intent of Town of North Beach in entering into this Contract.

4.1

NORTHBEACH COMMUNITY BOARDWALK DECK REPLACEMENT

SPECIFICATIONS

1. PURPOSE AND SUMMARY

The purpose of this Invitation to Bid (ITB) is for the Town of North Beach to contract with an experienced and qualified contractor to provide all labor, materials, and equipment necessary for the replacement of the boardwalk decking on the community pier (shown in Exhibit A) in accordance with the terms, conditions, and specifications outlined in this ITB. This project is part of an ongoing effort to enhance the safety, functionality, and aesthetics of our waterfront facilities.

2. SCOPE OF WORK

The community pier serves as a key recreational and social hub for residents and visitors. Over time, the existing decking has deteriorated and requires replacement to ensure safety and improve durability. This project involves the removal and disposal of the current decking materials and the installation of new decking that meets specified standards. The contractor is responsible for the following tasks:

1. Removal of Existing Decking:

o Contractors shall only remove decking that can be replaced by the end of the workday to ensure no safety hazards remain. All existing decking materials shall be safely removed and disposed of in compliance with local regulations.

2. Inspection of Pier Substructure:

o Assess the condition of the pier’s substructure for any damage or repairs needed before new decking installation.

o Contractors are responsible for removal and replacement of existing benches located on the pier.

o Report any structural issues to the Town’s project manager.

3. Installation of New Decking:

o Procure and install new decking materials as specified in Section 3 of Specifications.

o Ensure proper alignment, fastening, and spacing to meet safety and aesthetic requirements.

4. Cleanup and Restoration:

o Remove and dispose of all construction debris.

o Restore the surrounding area to its original condition upon project completion.

3. MATERIALS SPECIFICATIONS

Total area decking is 13,500 sq ft to include T-section and main pier.

The new deck must meet the following specifications:

• Material: Marine grade #1 pressure treated wood

• Fasteners: Stainless steel 3-inch screws to secure decking

• Dimensions: 2 inches thick, 6 inches wide, and 20 feet long

4.2

EXHIBIT A: Birds Eye View of Community Pier

4. CONTRACTOR PERSONNEL

The Contractor shall assign a qualified person or persons to oversee the work under the Contract and shall identify the individual or individuals in their proposal.

• Information regarding the experience of assigned personnel should be furnished and reviewed by the Town if requested.

• The Town may refuse to permit any employee of the Contractor to work on the contract if the Town finds, in its sole discretion, that the employee has engaged in conduct outside the norms of socially and professionally acceptable behavior or has been negligent, or discourteous in the performance of his or her duties, or who has been found to be incompetent.

• No music is allowed on the job site.

5. CONTRACTOR EQUIPMENT, MATERIALS, AND SUPPLIES

The Contractor shall furnish and maintain all equipment and materials required to complete the job.

6. CONTRACTOR PRICING

Prices must be submitted based on a firm, fixed price basis not subject to escalation. Pricing shall include all costs including, but not limited to, labor, materials, equipment, supervision, training, overhead, vehicle fuel, mileage, airfare, and other travel expenses, etc.

4.3

7. QUALIFICATION OF CONTRACTORS

The Contractor shall:

a. Primarily be engaged in providing marine contractor services as outlined in…