2025-063_-_LIGHT_TOWERS_-_FINAL.pdf

INVITATION TO BID

BOARD OF COUNTY COMMISSIONERS

OF

CALVERT COUNTY

PRINCE FREDERICK, MARYLAND 20678

ITB 2025-063

LIGHT TOWERS

PROCUREMENT OFFICE

131 MAIN STREET

SUITE 100

PRINCE FREDERICK, MARYLAND 20678

Savannah.Manning@calvertcountymd.gov 410-535-1600/301-855-1243, Extension 2766

DUE DATE/TIME: Friday, May 30, 2025 by 2:30 p.m. (Local Prevailing Time)

PRE-BID MEETING: None.

INITIAL WRITTEN QUESTIONS SHALL BE DUE ON OR BEFORE Friday, May 16, 2025 BY 2:30 P.M. (LOCAL PREVAILING TIME). FINAL WRITTEN QUESTIONS SHALL BE DUE ON OR BEFORE Friday, May 23, 2025BY 2:30 P.M. (LOCAL PREVAILING TIME). ALL QUESTIONS SHALL BE SUBMITTED TO THE PROCUREMENT

OFFICE AT 2:30 P.M. SAVANNAH.MANNING@CALVERTCOUNTYMD.GOV.

INVITATION TO BID

CALVERT COUNTY GOVERNMENT

Bids shall be submitted in a SEALED ENVELOPE with the label provided below affixed to the front. The Board of County Commissioners of Calvert County, Maryland reserves the right to reject bids improperly labeled. The envelope shall also show the Contractor’s name and address.

From: __________________________

SEALED BID

TO BE DELIVERED AND OPENED BY:

PROCUREMENT OFFICE

131 MAIN STREET

SUITE 100

PRINCE FREDERICK, MARYLAND 20678

BID TITLE: ____________________________________________________

ITB NUMBER: _________________________________________________

BID DATE: ______________________ BID TIME: ___________________

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

ANTI-BRIBERY AFFIRMATION AND AFFIDAVIT OF QUALIFICATION TO BID 5.1

AGREEMENT 6.1 – 6.2

1.1

NOTICE TO CONTRACTORS

Sealed bids shall be due on or before Friday, May 30, 2025, by 2:30 p.m. (Local Prevailing Time) for:

A pre-bid meeting shall not be held.

To be considered for 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 virtual bid opening will be held on Friday, May 30, 2025, at 3:00 p.m. (Local Prevailing Time). The public may participate through Microsoft Teams as follows:

To Join on the Web: https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting

Meeting ID: 256 118 577 613 4, Passcode: 2DX9CY3u

To Join by Phone: 1-872-216-2953, Phone Conference ID: 559 934 031#

After the virtual opening, public access to any audio, video, internet, or web-based broadcast of the opening shall be discontinued.

Bids shall be submitted in a SEALED ENVELOPE with the label provided affixed to the front. The Board of County Commissioners of Calvert County, Maryland, noted hereinafter as Calvert County Government (or the officially authorized official), reserves the right to reject bids improperly labeled. The envelope shall also show the Contractor’s name and address.

The Contractor may submit their response as follows:

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

PROCUREMENT OFFICE

131 MAIN STREET

SUITE 100

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

PROCUREMENT OFFICE

COURTHOUSE, 175 MAIN STREET

NOTE: The United States Postal Service does not deliver to 131 Main Street, Suite 100, Prince Frederick, Maryland 20678.

1.2

Where bids are sent by any method to the Calvert County Government Procurement Office, the Contractor shall be responsible for their delivery before the date and time set for the closing of bid acceptance. If the delivery is delayed beyond the date and hour set for the bid closing, such bids shall not be accepted.

Acceptance of bids by Calvert County Government employees, other than employees of the Procurement Office, shall not be deemed proper delivery.

If an emergency or unanticipated event interrupts normal government processes so that bids cannot be received at the Calvert County Government Procurement Office by the exact time specified in the ITB and urgent Calvert County Government 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 processes 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 secured, restricted-access electronic 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 Calvert County Government 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 proposal, additional or limiting provisions, shall render the proposal informal and may cause its rejection.

Contractors shall be responsible for obtaining all documentation, including but not limited to any addenda issued by going to eMaryland Marketplace Advantage at https://emma.maryland.gov prior to submitting their bid.

Changes to the Information for Contractors or Technical Specifications shall only be made in writing. Calvert County Government assumes no responsibility for verbal instructions or interpretations.

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

Calvert County Government 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 Calvert County Government’s tax-exempt number for any purchases.

Contractors are warned against unbalancing their 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 Calvert County Government may require.

If the Contractor to whom an award is made shall fail to execute the Contract hereto attached, and as herein provided, the award may be annulled and the Contract awarded to the next lowest responsible Contractor, and such Contractor shall fulfill every stipulation embraced herein, as if they were the original party to whom the award was made; or Calvert County Government may reject all bids as its interests may require.

Contractors shall examine all documentation carefully. In case doubt shall arise as to the meaning or intent of anything comprised in the specifications, inquiry shall be made to the Procurement Office before a bid is

1.3 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, Savannah Manning, Procurement Specialist, by email to Savannah.Manning@calvertcountymd.gov. Unauthorized contact with other Calvert County Government staff 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. Initial written questions shall be due on or before Friday, May 16, 2025 by 2:30 p.m. (Local Prevailing Time) and final written questions shall be due on or before Friday, May 23, 2025 by 2:30 p.m. (Local Prevailing Time). It shall be the responsibility of all Contractors to ensure 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 on this work and service 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, all codes and ordinances of Calvert County Government to which affect the prosecution of the work and persons engaged or employed in the work or the materials and equipment used in the work.

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

1. Price Proposal

2. Anti-Bribery Affirmation and Affidavit of Qualification to Bid

3. Subcontractors and Suppliers

4. Addenda, if Applicable

5. Product and Warranty Information

6. Questions and Answers/Clarification, if Applicable

The results for this ITB shall be posted on Calvert County Government’s web site at http://www.calvertcountymd.gov/2508/FY-2025-Bid-Results

CONTRACTOR’S LEGAL BUSINESS NAME: ______________________________________________________

AUTHORIZED SIGNATURE: ____________________________________________DATE: ________________

2.1

PRICE PROPOSAL

TO THE BOARD OF COUNTY COMMISSIONERS OF CALVERT COUNTY: The undersigned agrees to furnish all labor, material, and equipment necessary to provide LIGHT TOWERS, as specified, to the Board of County Commissioners of Calvert County in accordance with ATTACHED SPECIFICATIONS and other documents herein and at the following price(s):

ITEM

DESCRIPTION

UNIT OF

MEASURE

UNIT

PRICE

QUANTITY TOTAL

1 Light Towers Each $ 4 $

2 Shipping, Handling, and Offloading Lump Sum $ 1 $

TOTAL BID $

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

CONTRACTOR’S LEGAL BUSINESS NAME: ______________________________________________________

AUTHORIZED SIGNATURE: ____________________________________________DATE: ________________

2.2

Products shall be delivered within thirty (30) calendar days after receipt of notice to proceed and purchase order.

It is further agreed by the Undersigned that upon receipt of written advice of the acceptance of proposal, the necessary Contract shall be executed by the Contractor and returned to Calvert County Government within ten

(10) business days after such notice.

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

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

The time for performance of this Contract shall begin from the date of the Notice to Proceed or as otherwise directed by Calvert County Government.

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.

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 (3) references for whom your company has provided the service as outlined in this Invitation to Bid during the past three (3) year period. Calvert County Government reserves the right to request additional information regarding past and current clients for whom the Contractor has provided the services requested in this ITB. Calvert County Government 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: ________________________________________________________________

3. Company: ________________________________________________________________

Address: ________________________________________________________________

Contact Person: ________________________________________________________________

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.

BOARD OF COUNTY COMMISSIONERS OF CALVERT COUNTY, MARYLAND shall mean the governing board of elected officials of Calvert County, Maryland noted hereinafter as Calvert County Government (or the officially authorized official).

CALVERT COUNTY or COUNTY shall mean Calvert County, Maryland.

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 (Calvert County Government and the Contractor). The individual documents constituting the Contract Documents are as outlined herein under Contract Interpretation by the Project Manager.

CONTRACTING OFFICER shall mean the Procurement Office Division Chief or their designated representative entrusted by Calvert County Government with the authority to enter into, administer, renew, or terminate the Contract, along with related determinations and findings.

DIRECTOR shall mean the Director, Department of Public Works, and shall mean the principal or their duly authorized representatives; said agents acting severally within the scope of the particular duties entrusted to them.

PROJECT MANAGER shall mean that person whom the Director has designated to supervise performance of this Contract on behalf of the Calvert County Government within the scope of duties entrusted under such delegation of 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 provided.

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

3.2

Federal, State, and/or County Requirements General Conditions of Bid and Contract Specifications Price Proposal Contract 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.

BID FORMS AND AFFIDAVITS

All bids shall be submitted on the forms provided, shall be signed by a principal duly 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.

ALTERNATE BIDS

Alternate bids shall only be considered when they are submitted separately and clearly marked and labeled ALTERNATE BID. The alternate bid shall only be considered if the Contractor’s primary bid is the lowest responsible bid.

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 Calvert County Government 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. Calvert County Government reserves the right to accept or reject any deviation.

PROHIBITION AGAINST UNIFORM PRICING

Calvert County Government shall encourage open and competitive bidding by all possible means and shall endeavor 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, in advance of the opening of the bids, of the terms or conditions of the bid submitted by another competitor shall render the entire proceedings void and shall require re-advertising the bids.

3.3

AWARD OR REJECTION OF BIDS

Calvert County Government shall award the Contract to the lowest responsible bidder, subject to its right to reject any or all bids Calvert County Government 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 Calvert County Government. Calvert County Government 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 Calvert County Government to do so. Calvert County Government 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 investigation shows is not in position to perform the Contract.

In determining the “lowest responsible bidder”, in addition to considering price, Calvert County Government 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 Calvert County Government on any debt or Contract, is in default on any surety to Calvert County Government, or is delinquent as to any taxes or assessments; and

7. Any other information that may have a bearing on the decision to award the Contract.

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 race, religion, color, sex, national origin, gender identity, sexual orientation, or disability (physical or mental), except where religion, sex, national origin, gender identity, sexual orientation, or disability (physical or mental), is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. 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 Calvert County Government 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 for the purpose of meeting the requirements of this section.

3.4

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

Nothing contained in the Contract shall be construed to constitute the Contractor an agent of Calvert County Government. The Contractor shall indemnify, keep, and save harmless Calvert County Government, its agents, officials, and employees, against all injuries, death, loss, damage, claims, patent claims, suits, liabilities, judgments, costs, and expenses which may or otherwise accrue against Calvert County Government in consequence of the granting of a Contract or which may or otherwise result therefrom. If it shall be determined that the act was caused through negligence or omission of the Contractor or his officers, directors, agents, or employees, of the subcontractor or his officers, directors, agents or employees, if any, and the Contractor shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and if any judgement shall be rendered against Calvert County Government in any such action, the Contractor shall at his own expense, satisfy and discharge the same.

Contractor expressly understands and agrees that any performance bond or insurance protection required by this Contract, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend Calvert County Government as herein provided.

INSURANCE (SECTION DELETED)

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 previous written consent of Calvert County Government 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 Calvert County Government, 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

Calvert County Government may terminate a contract, in whole or in part, whenever Calvert County Government determines that such termination is in the best interest of Calvert County Government, without showing cause, upon giving written notice to the Contractor. Calvert County Government shall pay all reasonable costs incurred 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.

When the Contractor has not performed or has unsatisfactorily performed the Contract, Calvert County Government may terminate the Contract for default. Upon termination for default, payment may be withheld at the discretion of Calvert County Government. Failure on the part of a Contractor to fulfill the contractual obligations shall be considered just cause for termination of the Contract. The Contractor shall be paid for work satisfactorily performed prior to termination, less any excess costs incurred by Calvert County Government in completing the Contractor’s obligations under the Contract

AVAILABILITY OF FUNDS

Multi-year contracts may be continued each fiscal year only after funding appropriations and program approvals have been granted by Calvert County Government. In the event Calvert County Government 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.

3.5

Calvert County Government reserves the right to immediately terminate a contract in the event funds are no longer available or have been exhausted. If Calvert County Government shall terminate a contract, Calvert County Government shall attempt to give written notice at least thirty (30) days in advance of the effective date.

The Contractor shall be paid for all labor and material provided as of termination date. No consideration shall be given for anticipated loss of revenue or profit on the cancelled portion of the Contract.

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 Calvert County Government shall constitute authority for Calvert County Government to procure the services required under this Contract in the open market. On all such purchases, the Contractor shall reimburse Calvert County Government, within a reasonable time as specified by Calvert County Government, 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 Calvert County Government's 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 of the provisions thereof, and upon receipt of a properly completed invoice. Calvert County Government 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.

BREACH OF CONTRACT

1. In the event the Contractor shall fail to comply with any of the terms or conditions of the Contract Documents the Project Manager shall notify the Contractor of such failure or default and demand that the same be remedied within five (5) business days. In the event of the failure of the Contractor to remedy the same within said period, authorized Calvert County Government personnel shall authorize the services to be procured from any available source, with the difference between the actual cost paid and the defaulting Contractor to be deducted from any monies due the defaulting Contractor.

2. In addition to those instances specifically referred to in other sections herein contained, Calvert County Government shall have the right at its option to terminate the Contract under any one or more of the following:

A. If the Contractor becomes insolvent.

B. If the Contractor makes an assignment for the benefit of creditors pursuant to the statutes in such case made and provided without notification or approval from Calvert County Government.

C. In the event a voluntary or involuntary petition in bankruptcy shall be filed by or against the Contractor.

D. In the event the Contractor fails to commence work in accordance with the specifications of this ITB.

3.6

E. In the event the Contractor shall abandon the work or any portion of the work to be performed under this contract before completion.

F. If the Contractor shall fail to fully, properly, and in a good and workman-like manner perform any or all of the conditions, covenants, terms, or conditions contained within the Contract Documents.

G. If the Contractor shall sublet, assign, convey, or otherwise dispose of his Contract or any portion thereof other than in accordance with the terms set forth within the Contract Documents.

H. If a receiver or receivers or any other person shall be appointed by court order to take charge or custody of the Contractor's property, financial affairs, or business.

I. If Calvert County Government shall be of the opinion that the Contractor is not or has not been performing the Contract in good faith and in accordance with the terms of the specifications.

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 Calvert County Government, and all such materials shall be surrendered to Calvert County Government 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 Calvert County Government. Documents and materials developed by the Contractor under the resulting contract shall be the property of Calvert County Government; however, the Contractor may retain file copies, which cannot be used without prior written consent of Calvert County Government. Calvert County Government 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

Calvert County Government 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. Calvert County Government shall not be responsible for the premature opening of bids if not properly addressed or identified.

NOTICE OF POLITICAL CONTRIBUTIONS

The Contractor agrees, in accordance with the current Maryland Code, State Finance and Procurement Article, §17-402, to comply with the political contribution reporting requirements, as amended from time to time, to which the Contractor may be subject.

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.

3.7

2. All purchase and payment transactions shall be made directly between the Contractor and the requesting entity. Calvert County Government assumes no obligation on behalf of any other public entity.

ARITHMETICAL ERRORS

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

GENDER NEUTRAL CLAUSE

Wherever used herein, a pronoun in the masculine gender shall be considered as including the feminine gender unless the context clearly indicates otherwise.

SOVEREIGN IMMUNITY

By entering into this Contract, Calvert County Government 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 Calvert County Government 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.

NO INDIVIDUAL LIABILITY

No elected official, appointed official, employee, servant, agent, or law enforcement officer shall be held personally liable under this Contract and any extension or renewals thereof because of its enforcement or attempted enforcement provided they are acting within the course and scope of their employment or governmental duties and responsibilities.

SUFFICIENT APPROPRIATIONS

Calvert County Government's financial obligations, if any, under this Contract are contingent upon sufficient appropriations and authorization being made by Calvert County Government for the performance of this Contract. Calvert County Government'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 Calvert County Government 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 Calvert County Government in entering into this Contract.

ENTIRE AGREEMENT

The parties hereto agree that the above writing constitutes the entire Contract between them concerning this matter and that there are no understanding, promises, or arrangements binding either part hereto that have not been written herein. The parties further agree that this Contract can be amended only by written agreement signed by the parties hereto.

3.8

CHOICE OF LAW

This Contract shall be governed by the internal laws of Maryland, without giving effect to its choice of law provisions, and any action brought by or between the parties shall vest jurisdiction and venue exclusively in the Courts located in Calvert County, Maryland.

4.1

SPECIFICATIONS

1. PURPOSE

It is the purpose of this ITB for Calvert County Government to contract with a qualified Contractor to provide and deliver mobile LED light towers in accordance with the terms, conditions, and specifications contained in this ITB.

2. SCOPE OF WORK

The Contractor shall provide and deliver new and unused light towers.

A. Product Specifications

The light towers shall meet the following specifications:

1) Power Unit:

a. Generator Output: Minimum 8KW (continuous duty).

b. Voltage: 120/240V, 60 Hz, single-phase.

c. Fuel Type: Diesel-powered engine (Tier 4 Final compliant).

d. Fuel Tank Capacity: Minimum of 30 gallons with at least 60-hour run time at 75% load.

e. Engine Manufacturer: Recognized OEM such as Kubota, Perkins, or equivalent.

f. Automatic shutdowns: Engine protection for low oil pressure, high temperature, and over-speed.

g. Sound Level: ≤ 70 dBA at 23 feet.

2) Light Fixtures:

a. Quantity: Minimum of four (4) high-efficiency LED fixtures.

b. Wattage: Each fixture rated at 480 Watts.

c. Total Light Output: Minimum 200,000 lumens (50,000 lumens per fixture).

d. LED Lifespan: Minimum 50,000 hours.

e. Color Temperature: 5000K (Daylight white).

f. IP Rating: Fixtures must be IP65 or higher (water/dust resistant).

g. Adjustability: Each fixture must be independently adjustable and lockable in position.

3) Mast Assembly:

a. Type: Hydraulic or manual vertical mast.

b. Height: Minimum 30 feet (fully extended).

c. Rotation: 360° mast rotation.

d. Wind Rating: Capable of safe operation in wind speeds up to 65 mph.

e. Deployment Time: < 2 minutes for full extension and retraction.

4) Trailer and Chassis:

a. Towable Trailer: Single-axle, DOT-approved with ball hitch option.

b. Tires: Highway-rated with a full-size spare.

c. Outriggers/Stabilizers: Four-point outriggers for leveling and stabilization.

d. Finish: Powder-coated or corrosion-resistant paint.

5) Controls and Electrical:

a. Control Panel: Weather-resistant with lockable access.

b. Control Functions: Start/stop, mast up/down, light on/off, fuel gauge, hour meter.

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c. Outlets: At least two 120V auxiliary outlets (GFCI protected).

d. Battery: 12V maintenance-free battery with trickle charger.

B. Delivery

The Contractor shall:

1) Provide delivery and offload product within thirty (30) calendar days provided by the Contractor on the price proposal form after receipt of notice to proceed and purchase order.

2) Deliver products to:

Calvert County Government 335 Stafford Road

Prince Frederick, Maryland 20678

3) Ship F.O.B. destination.

4) Provide at least a 24-hour notice prior to delivery.

5) Notify Calvert County Government in the event of any unforeseen delay in delivery.

3. WARRANTY AND SUPPORT

The Contractor shall warrant the products furnished during the course of this Contract to be of the highest quality, complying with the specifications, and free from all defects in materials and workmanship. The Contractor shall warranty all products for a period of not less than one (1) year after acceptance by Calvert County Government. If the manufacturer’s warranty is for more than a one (1) year period, the Contractor shall adhere to the manufacturer’s warranty. The Contractor agrees to promptly repair, replace, or correct, at the Contractor’s expense, any materials or workmanship problems arising during the warranty period at no cost to Calvert County Government. The construction, interpretation, and performance of all applicable standard manufacturer’s warranty shall be governed by the laws of the State of Maryland. All warranties and guarantees required shall be furnished by the Contractor and shall be delivered to Calvert County Government before final payment on any portion of the Contract is made.

4. PRICING

Prices submitted shall include all costs, including but not limited to product, labor, materials, supervision, shipping, handling, offloading, overhead, general administrative expenses and profits, travel, vehicle fuel, and mileage. No additional charges will be accepted by Calvert County Government.

5. PURCHASE ORDER, BILLING, AND PAYMENT

The Contractor will be issued a purchase order for the required product. Payment will be made after satisfactory receipt of product and submittal of invoice(s). “Satisfactory completion” includes, but may not be limited to, final approval by Calvert County Government.

Invoices shall include:

Purchase Order Number;

Contract Number;

Invoice Date;

Invoice Number;

Product and Contract Unit Price;

Total Payment terms; and Remit to address.

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Contractor shall send invoices to:

Calvert County Government Department of Public Works Courthouse, 175 Main Street Prince Frederick, Maryland 20678

NO PRODUCT SHALL BE ORDERED until receipt of a purchase order or other notification by Calvert County Government’s Procurement Office, the Project Manager, or duly authorized representative to proceed.

Payment will be made within thirty (30) days, more or less, of receipt of invoice.

6. INSPECTION OF PRODUCTS

A. Calvert County Government reserves the right to inspect any product for compliance with these specifications.

B. Inspection for visible shortage shall be made by Calvert County Government at the time of delivery, if possible. Calvert County Government reserves the right to reject acceptance at a later date for any nonvisible discrepancy with conditions or specifications contained in the Contract. Discrepancies shall be immediately called to the Contractor’s attention so that corrective action can be taken.

C. The Contractor shall be responsible for rejection of product for either visible or latent noncompliance for which the Contractor is responsible and shall be replaced, at no cost to Calvert County Government, within five (5) business days of notification by Calvert County Government. The Contractor shall immediately make arrangement to have any product not in compliance picked up at no charge to Calvert County Government.

D. If the Contractor fails to promptly provide the product or take the necessary action to ensure performance in conformity with the Contract requirements, Calvert County Government may by contract or otherwise, procure the product from another source and charge to the Contractor any cost incurred by Calvert County Government directly related to the provision of such product and terminate the Contract for default.

7. SHIPPING DAMAGE

The product shall be packaged and shipped consistent with good commercial practices. Calvert County Government shall not accept or pay for damaged goods. The Contractor shall file all claims against the carrier(s), if applicable, for damages incurred to products in transit from the point of origin to the ultimate destination.

Calvert County Government shall provide the Contractor with written notice when damaged goods are received.

The Contractor shall file all claims against the carrier(s) for reimbursement of the loss.

8. LIQUIDATED DAMAGES

A. In the event the Contractor shall fail to comply with any of the conditions herein provided and as covered by the Contract, the Procurement Office shall notify the Contractor of such failure or default and demand that the same be remedied within five (5) business days.

B. In the event of the failure of the Contractor to remedy the same within said period, the

Procurement Office may authorize the products to be procured from any available source, with the difference between the amount paid from any available source and the defaulting Contractor’s bid price to be charged to the defaulting Contractor plus a cost of $50.00 per day/per incident made payable to the Calvert County Treasurer’s Office.

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9. REMEDIES

The Contractor shall not cause a delay of supply of products but shall maintain a schedule during all disputes or disagreements with Calvert County Government. No delay or postponement shall occur pending resolution of any disputes or disagreements, except as the Contractor and Calvert County Government may otherwise agree in writing.

5.1

ANTI-BRIBERY AFFIRMATION AND AFFIDAVIT OF QUALIFICATION TO BID

I HEREBY AFFIRM THAT:

1. I am the and the authorized representative of the firm of

Title

Name of Corporation whose address is and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting.

2. Except as described in paragraph 3 below, neither I nor, to the best of my knowledge, the above firm, nor any of its officers, directors, or partners, nor any of its employees directly involved in obtaining contracts with the State or any county, bi-county or multi-county agency, or subdivision of the State has been convicted of, or has pleaded nolo contendere to a charge of, or has during the course of an official investigation or other proceeding admitted in writing or under oath acts or omissions which constitute bribery, attempted bribery, or conspiracy to bribe under the provisions of the Annotated Code of Maryland or under the laws of any state or the federal government (conduct prior to July l, 1977 is not required to be reported).

3. State "none" or, as appropriate, list any conviction, plea, or admission described in paragraph 2 above, with the date; court, official, or administrative body; the individuals involved and their position with the firm, and the sentence or disposition, if any.

4. I acknowledge that this affidavit is to be furnished to Calvert County Government and, where appropriate, to the Board of Public Works and to the Attorney General pursuant to Sections 16-201, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland. I acknowledge that, if the representations set forth in this affidavit are not true and correct, Calvert County Government may terminate any contract awarded and take any other appropriate action. I further acknowledge that I am executing this affidavit in compliance with Sections 16-201, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland, which provide that certain persons who have been convicted of or have admitted to bribery, attempted bribery, or conspiracy to bribe may be disqualified, either by operation of law or after a hearing, from entering into contracts with the State or any of its agencies or subdivisions.

I do solemnly declare and affirm under the penalties of perjury that the contents of this affidavit are true and correct.

DATE SIGNATURE

6.1

AGREEMENT

This Agreement made this day of in the year by and between hereinafter called the Contractor, and the Board of County Commissioners of Calvert County, Maryland.

WHEREAS, the contract for at the pricing as submitted on page(s) subject to the following documents which form the contract and are as fully a part of the contract as if thereto attached or hereinafter repeated and are termed the Contract Documents:

NOTICE TO CONTRACTORS

PRICE PROPOSAL

GENERAL CONDITIONS OF BID AND CONTRACT

SPECIFICATIONS

PRODUCT AND WARRANTY INFORMATION

ANTI-BRIBERY AFFIRMATION AND AFFIDAVIT OF QUALIFICATION TO BID

AGREEMENT

AND WHEREAS, the Contract has recently been awarded to the Contractor by Board of County Commissioners of Calvert County, Maryland at and for a sum equal to the aggregate cost of the materials, supplies and services done or furnished, at the prices and rates respectively named therefore in the proposal attached hereto;

AND WHEREAS, it was one of the conditions of said award that a formal Contract should be executed by and between the Contractor and Board of County Commissioners of Calvert County, Maryland evidencing the terms of said award;

NOW THEREFORE, THIS CONTRACT WITNESSETH, that the Contractor does hereby covenant and agree with Board of County Commissioners of Calvert County, Maryland that he shall well and faithfully provide said materials, supplies and services as set forth in the Contract Documents in accordance with each and every one of the conditions, covenants, stipulations terms, and provisions contained in said Contract Documents at the prices and rates respectively named therefore in the proposal attached hereto, and shall well and faithfully comply with and perform each and every obligation imposed upon him by said Contract Documents, or the terms of said award;

And Board of County Commissioners of Calvert County, Maryland does hereby covenant and agree with the Contractor that it shall pay to the Contractor when due and payable under the terms of said Contract Documents and of said award, the above mentioned sum; and it shall well and faithfully comply with and perform each and every obligation imposed upon it by said Contract Documents, or the terms of…