2026-013 - Newtown Road Stream Restoration_Final_12.11.25.pdf

INVITATION TO BID

BOARD OF COUNTY COMMISSIONERS

OF

CALVERT COUNTY

PRINCE FREDERICK, MARYLAND 20678

ITB 2026-031

NEWTOWN ROAD STREAM RESTORATION PROJECT

PROCUREMENT OFFICE

150 MAIN STREET

PRINCE FREDERICK, MARYLAND 20678

Kelsey.Welsman@calvertcountymd.gov

410-535-1600, Extension 2441

DUE DATE: Thursday, January 8, 2026 at 2:30 p.m. (Local Prevailing Time)

MANDATORY PRE-BID

MEETING AND SITE

VISIT: Monday, December 22, 2025 at 9:00 a.m. (Local Prevailing Time)

Meet at the Mill Creek Conference Room, 4th Floor, 150 Main Street, Prince Frederick, MD 20678. A site visit will occur after the initial meeting, please bring PPE to the site visit.

WRITTEN QUESTIONS SHALL BE DUE ON OR BEFORE TUESDAY, DECEMBER 23, 2025, BY 2:30 P.M. (LOCAL

PREVAILING TIME). ALL QUESTIONS SHALL BE SUBMITTED IN WRITING TO THE PROCUREMENT OFFICE AT Kelsey.Welsman@calvertcountymd.gov.

INVITATION TO BID

CALVERT COUNTY GOVERNMENT

Bids must be submitted in a SEALED ENVELOPE with the label we have provided below affixed to the front. Calvert County Government reserves the right to reject bids improperly labeled. The envelope must also show the Bidder’s name and address.

FROM: ___________________________

SEALED BID

TO BE DELIVERED AND OPENED BY:

PROCUREMENT OFFICE

150 MAIN STREET, 4th Floor

PRINCE FREDERICK, MARYLAND 20678

BID TITLE: NEWTOWN ROAD STREAM RESTORATION

BID NUMBER: 2026-031

BID DATE: ______________________ BID TIME: ___________________

TABLE OF CONTENTS

NOTICE TO CONTRACTORS

BID FORM

GENERAL PROVISIONS OF BID AND CONTRACT

SUPPLEMENTAL GENERAL PROVISIONS OF BID AND CONTRACT

TECHNICAL SPECIFICATIONS

1.1 PROJECT DESCRIPTION

1.2 SPECIFICATIONS AND STANDARD DETAILS

1.3 PROJECT SCHEDULE

1.4 EXISTING UTILITIES

1.5 CLEARING AND GRUBBING

1.6 MAINTENANCE OF TRAFFIC

1.7 CONSTRUCTION STAKEOUT

1.8 MOBILIZATION AND DEMOBILIZATION

1.9 ROADWAY EXCAVATION (CLASS 5)

1.10 BORROW EXCAVATION

1.11 CLASS 1A EXCAVATION (CONTINGENT)

1.12 TEST PIT EXCAVATION

1.13 REMOVAL OF EXISTING MASONRY

1.14 STREAM OUTFALL CHANNEL RESTORATION

1.15 EROSION AND SEDIMENT CONTROL

1.16 MAINTENANCE OF STREAM FLOW

1.17 REMOVE AND RESET EXISTING FENCE

1.18 PLACING FURNISHED TOPSOIL

1.19 SOIL STABILIZATION MATTING

1.20 TEMPORARY SEED AND MULCH

1.21 TURFGRASS ESTABLISHMENT

1.22 CONSTRUCTION INSPECTION CERTIFICATION

1.23 ACCESS TO ADJACENT PROPERTIES

1.24 CONSTRUCTION DEWATERING

1.25 PUBLIC CONVENIENCE AND SAFETY

1.26 EXISTING ROADSIDE ITEMS

1.27 ARCHAEOLOGICAL AND HISTORICAL RESOURCES

APPENDIX A: MDSHA SPECIAL PROVISIONS INSERTS AND PROJECT SPECIFIC

SPECIAL PROVISIONS

APPENDIX B: ENGINEERING PERMITS

APPENDIX C: PRECONSTRUCTION MEETING CHECKLIST

HOLIDAY SCHEDULE

SUBCONTRACTORS AND SUPPLIERS

ANTI-BRIBERY AFFIRMATION AND AFFIDAVIT OF QUALIFICATION TO BID

SUBCONTRACTOR’S AND SUPPLIER’S PARTIAL RELEASE AND WAIVER OF LIEN . 95

SUBCONTRACTOR’S AND SUPPLIER’S FINAL RELEASE AND WAIVER OF LIEN

BID BOND

LABOR AND MATERIALMEN’S BOND

PERFORMANCE BOND

AGREEMENT

NOTICE TO CONTRACTORS

Sealed bids shall be due on or before Thursday, January 8, 2026 by 2:30 p.m. (Local Prevailing Time) for:

SOLOMONS, CALVERT COUNTY, MARYLAND

A mandatory pre-bid meeting and site visit shall be held on Monday, December 22, 2025 at (Local Prevailing Time) at 9:00 a.m. All prospective bidders must attend the meeting, which will begin in the Mill Creek Conference Room, 4th Floor, 150 Main Street, Prince Frederick, MD 20678. A site visit will occur after the initial meeting, please bring PPE for the site visit.

A virtual bid opening will be held on Thursday, January 8, 2026 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: 272 387 271 218 0, Passcode: GJ2Er6dT To Join by Phone: 1-872-216-2953, Phone Conference ID: 331 114 648#

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

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

Bids shall be submitted in a SEALED ENVELOPE with the label provided herein 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 SEALED 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

150 MAIN STREET

PRINCE FREDERICK, MARYLAND 20678

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

CALVERT COUNTY GOVERNMENT

PROCUREMENT OFFICE

150 MAIN STREET

PRINCE FREDERICK, MARYLAND 20678

Where bids are sent mail by any method to Calvert County Government’s 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 due date and hour set for the bid closing, bids shall not be accepted.

https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting

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

If an emergency or unanticipated event interrupts normal Calvert County Government processes so that bids cannot be received at the Calvert County Government Procurement Office by the exact time specified in this 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 this ITB on the first work day on which normal Calvert County Government 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 the 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.

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.

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 carefully examine all documentation, including but may not be limited to Drawings and Specifications, and shall make a personal examination of the location and nature of the proposed work. In case doubt shall arise as to the meaning or intent of anything shown on the Drawings or comprised in the Specifications, inquiry shall only be made to the Calvert County Government 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 pertaining to this ITB shall be directed to the Procurement Office, Kelsey Welsman, Procurement Manager, by e-mail at Kelsey.Welsman@calvertcountymd.gov. Unauthorized contact with other Calvert https://emma.maryland.gov/ mailto:Andrew.Monahan@calvertcountymd.gov

County Government staff or any contractors 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. Final written questions shall be received on or before Tuesday, December 23, 2025 2:30 p.m. (Local Prevailing Time). It shall be the responsibility of all Contractors to ensure they have received any and 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.

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

Bid prices shall include everything necessary for the completion of construction and fulfillment of the Contract.

Contractors are required to fill out the “Unit Price” and “Total Price” columns and total their proposals so the result of the bidding, barring possible arithmetical errors, shall be known at once. The quantities given under the various items of the proposal are approximate only and subject to increase or decrease as provided in the Contract without changing their unit prices to be paid for work. All pricing submitted shall be based upon fixed/firm fees for the Project and signed by an authorized official of the organization. The Procurement Office shall correct any errors in computations when the bids are canvassed.

Contractors are warned against unbalancing their proposals as this shall render them liable to rejection.

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 which affect the prosecution of the work or persons engaged or employed in the work or the materials and equipment used in the work.

Each bid shall be accompanied by a Bid Bond for five percent (5%) of the bid price. A certified check for five percent (5%) of the bid price, payable to the Calvert County Treasurer shall be accepted in lieu of a Bid Bond.

Bids submitted without a Bid Bond or certified check shall not be considered. The Bid Bond or check of the Contractor to whom the Contract is awarded shall be forfeited to Calvert County Government as liquidated damages in case the Contract and surety are not executed within ten (10) business days after receiving the Contract for execution.

Calvert County Government shall hold as many of the Bid Bonds or checks submitted with the proposal as it may deem fit until the execution and delivery of the Contract and surety, whereupon they shall be returned.

DOCUMENTS REQUIRED UPON SUBMISSION

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

1. Bid Form

2. Bid Bond (Five Percent [5%] of Contract Value)

3. Name and Signature Requirements for Bids and Contracts

4. Contractor References

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

6. Subcontractor and Supplier Form

7. Bid Bond

8. Labor and Materialmen’s Bond (due after contract award)

9. Performance Bond (due after contract award)

10. Addenda Issued

11. Questions and Answers/Clarification Issued

The results for this ITB shall be posted on Calvert County Government’s web site at https://www.calvertcountymd.gov/3954/FY-2026-Bid-Results https://www.calvertcountymd.gov/3954/FY-2026-Bid-Results

BIDDER’S LEGAL BUSINESS NAME: ________________________________________________________

AUTHORIZED SIGNATURE: _____________________________________________DATE: ___________

SOLOMONS, CALVERT COUNTY, MARYLAND

BID FORM

TO THE BOARD OF COUNTY COMMISSIONERS OF CALVERT COUNTY, MARYLAND: The undersigned agrees to furnish all materials and services for the NEWTOWN ROAD STREAM RESTORATION PROJECT, as specified to the Board of County Commissioners of Calvert County, Maryland in accordance with the specifications, other documents herein, and related plans/drawings and at the following price(s):

ITEM

DESCRIPTION

UNIT

PRICE

ESTIMATED

QUANTITY

TOTAL

PRICE

1001 Clearing & Grubbing Lump Sum

1002 Maintenance of Traffic Lump Sum

1003 Construction Stakeout Lump Sum

1004 Mobilization And Demobilization Lump

END OF CATEGORY 1

SUBTOTAL OF CATEGORY 1

PRICE

ESTIMATED

QUANTITY

TOTAL

PRICE

2001 Class 5 Excavation Cubic Yard

2002 Class 1-A Excavation Cubic Yard

2003 Select Borrow Cubic Yard

2004 Test Pit Excavation Cubic Yard

2005 Removal of Existing Masonry Cubic Yard

END OF CATEGORY 2

SUBTOTAL OF CATEGORY 2

PRICE

ESTIMATED

QUANTITY

TOTAL

PRICE

3001 Boulders Each 440

3002 Type A Bed Stability Mix Cubic Yard

3003 Type C Bed Stability Mix Cubic Yard

3004 Stabilized Construction Entrance Each 2

3005 Diversion Fence Linear Feet

3006 Class I Riprap for Slope and Channel Protection

Square Yard

3007 18 Inch Gabion Cubic Yard

3008 36 Inch Gabion Cubic

END OF CATEGORY 3

SUBTOTAL OF CATEGORY 3

PRICE

ESTIMATED

QUANTITY

TOTAL

PRICE

4001 Maintenance of Stream Flow Lump

END OF CATEGORY 4

SUBTOTAL OF CATEGORY 4

PRICE

ESTIMATED

QUANTITY

TOTAL

PRICE

Reserved - - - -

END OF CATEGORY 5

SUBTOTAL OF CATEGORY 5 -

TEM

PRICE

ESTIMATED

QUANTITY

TOTAL

PRICE

Remove and Reset Existing Fence

Lump

END OF CATEGORY 6

SUBTOTAL OF CATEGORY 6

PRICE

ESTIMATED

QUANTITY

TOTAL

PRICE

Placing Furnished Topsoil Any Depth

Square Yard

2,200

Temporary Seed

Square Yard

2,200

Temporary Mulch

Square Yard

2,200

Turfgrass Establishment

Square Yard

2,200

Refertilizing

Square Yard

2,200

Type D Stabilization Matting

Square

END OF CATEGORY 7

SUBTOTAL OF CATEGORY 7

PRICE

ESTIMATED

QUANTITY

TOTAL

PRICE

Reserved - - - -

END OF CATEGORY 8

SUBTOTAL OF CATEGORY 8 -

Please verify the calculation of your math and be aware that in the event of errors in computation, unit price will be the determining factor for the total.

SUMMARY OF COSTS

CATEGORY COST

5 -

8 -

CONTRACT TOTAL COST

It is further agreed by the Undersigned that upon receipt of written advice of the acceptance of bid, the necessary contract will be executed within ten (10) days after such notice.

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 services necessary for compliance with the Contract Documents and agrees to provide these for the price(s) indicated in this proposal form. By signing each proposal page, the Contractor does hereby attest they have fully read the ITB and understands it.

No bidder may withdraw his proposal within 180 days after the opening thereof.

The time for performance of this Contract shall begin from the date of the Notice to Proceed or otherwise noted and shall be completed within 120 working days.

By signing and submitting a bid, your firm acknowledges and agrees that it has read and understand the Invitation to Bid documents and agrees to the Contract Terms and Conditions as contained herein.

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 REFERENCES

List at least three (3) business references for whom your company has provided services of a similar size and scope as requested for the Project specified herein for at least three (3) full years. Calvert County Government reserves the right to request additional information regarding past and current clients for whom they have provided services of a similar size and scope requested in this Project. 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:

Email: ____________________________________________________________________ Project: ____________________________________________________________________ Project Value: ____________________________________________________________________

2. Company: ____________________________________________________________________ Address:

Contact Person:

Telephone:

Email: ____________________________________________________________________ Project: ____________________________________________________________________ Project Value: ____________________________________________________________________

3. Company: ____________________________________________________________________ Address:

Contact Person:

Telephone:

Email: ____________________________________________________________________ Project: ____________________________________________________________________ Project Value: ____________________________________________________________________

Specify the number of years your company has been in business providing the service/commodity as requested in this ITB: (shall be at least five [5] years): ________________.

GENERAL PROVISIONS OF BID AND CONTRACT

1. 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 under the Special Provisions:

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 Government, 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 County Administrator 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 his 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 Calvert County Government within the scope of duties entrusted under such delegation of authority.

BIDDER/OFFEROR/CONTRACTOR shall mean the individual, firm, or corporation acting for or on behalf of the Contractor in the execution of all or any part of the Contract.

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.

2. 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. 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:

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

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

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

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

E. The previous and current compliance by the bidder with laws and ordinances relating to the

Contract or service;

F. 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

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

4. PLANS AND SPECIFICATIONS. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. It is the intent of the Drawings and Specifications to describe a functionally complete and operable Project (and all parts thereof) to be constructed in accordance with the requirements of the Contract Documents. Any work, materials or equipment that may be reasonably inferred from the requirements of the Contract Documents or from prevailing custom or trade usage as being required to produce this intended result shall be furnished and performed whether or not specifically called for. When words or phrases have a well-known technical or construction industry or trade meaning are used to describe work, materials, or equipment, such words or phrases shall be interpreted in accordance with the meaning. The intent of the Drawings specifically includes the intent to depict construction that complies with all applicable laws, codes, and standards.

Reasonably implied parts of the Work shall be performed as “incidental work” even though absent from the Drawings and Specifications. “Incidental” work shall be performed by the Contractor without extra cost to Calvert County Government. Incidental work includes any work not shown on Drawings nor described in the Specifications, which is necessary or required to make each installation satisfactory, legally operable, functional, and consistent with the intent of the Drawings and Specifications or the requirements of the Contract Documents. Incidental work shall be treated as if fully described in the Specifications and shown on Drawings, and expense shall be included in the Bid Price.

Both the Plans and Specifications shall be confirmed by incorporating all addenda which may have been issued during the bid period to the original bid documents.

The Contractor shall maintain in a safe place on the work site at least one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Orders, Field Orders, and written interpretation and clarification in good order and annotated to show changes made during construction. These record documents together with all approved samples and a counterpart of all approved drawings shall be available at all times to Calvert County Government for reference. Upon completion of the Work, these record documents shall be delivered to Calvert County Government.

Unless otherwise provided in the Contract Documents, it shall be the duty of the Contractor to see that all provisions are complied with in detail irrespective of the inspections given the work during its progress by the authorized official or its representative. Any failure on the part of the Contractor to observe the Contract Documents shall be sufficient cause for the rejection of the work at any time before its acceptance.

Upon completion of the job, the Contractor shall furnish Calvert County Government with two (2) complete sets of reproducible drawings of “As Finished” or “As Built” drawings and information for all aspects of the Project construction and shall be certified by a professional engineer or surveyor registered in the State of Maryland.

5. DRAWINGS. The Work under the Contract shall be built of the materials, sizes, and dimensions, on the lines and slopes, at the depths, with the connections and in the manner called for by the Contract Documents and shown on any Contract Drawings, if any, or in accordance with such changes as may be approved from time to time during the progress of the work, as hereinafter provided.

6. CONTRACT INTERPRETATION BY THE PROJECT MANAGER. Any discrepancies found between the

Contract Documents and site conditions or 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 discrepancies, 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 Pre- Construction Conference, lowest precedence):

Change Orders Addenda Federal, State, and/or County Requirements Permits, Right-of-Way Agreements General Provisions of Bid and Contract Drawings Standard Specifications Standard Detail Proposal Contract Notice to Contractors

Pre-Construction Conference

In the event that conflicts, errors, or discrepancies are not resolved by the Contract Documents’ order of precedence, such as a dimension opposed to a scaled distance, when both occur on a Drawing, the more restrictive provision or accurately indicated detail as decided by the Project Manager, shall govern. In the example given, the written figures shall govern over the scaled dimensions.

7. BONDS. The Contractor shall be required to post Security for both a Labor and Material Bond (Payment) and a Performance Bond for this Contract in the amount of one hundred percent (100%) of the Contract value each posted to Calvert County Government in accordance with this ITB.

The types of security acceptable are:

A. Bonds in a form satisfactory to Calvert County Government underwritten by a security company authorized to do business in the State of Maryland. The Bonds shall contain the requirements set forth in the form hereto annexed. The Performance and Payment Bonds shall be executed with the same surety. Whenever the surety or the bonds so furnished shall be deemed by Calvert County Government to be insufficient or unsatisfactory, the Contractor, within ten (10) calendar days after notice to that effect, shall furnish and deliver new bonds to Calvert County Government in the same penalty and on the same conditions, with surety satisfactory to Calvert County Government, and this duty shall continue on the part of the Contractor, whenever and so often as Calvert County Government shall require new bonds with a satisfactory surety. If the Contractor shall fail to furnish such bonds within ten (10) calendar days after said notice is mailed to Contractor’s address, Calvert County Government through its proper agent may stop all further work under the Contract and re-let the unfinished work at the expense of the Contractor.

B. Cash or cash equivalent (bank certified check, bank cashier’s check, or bank treasurer’s check) in the amount of the total Contract price.

8. WRITTEN NOTICE AND SERVICE THEREOF. Any notice to any party relative to any part of this

Contract shall be in writing. The mailing in a United States post office box, of a written communication, notice or order, addressed to the Contractor at the business address filed with Calvert County Government, or to the Contractor’s office at the site of work, shall be considered as sufficient service upon the Contractor of such communication, notice or order, and the date of said service shall be the date of such mailing.

9. LAWS AND REGULATIONS. In all operations connected with the works, all ordinances and regulations of Calvert County Government within which same is to be done, and all Federal, State, and County laws, which shall be or become applicable to, and control or limit in any way the actions of, those engaged as principal or agent, must be respected and strictly complied with. The Contractor shall protect and indemnify Calvert County Government and its officers and agents against any claim or liability arising from or based on the violation of any such law, ordinance or regulation, whether by himself or his employees.

The Contractor shall keep itself and its subcontractors fully informed of all existing and future legislated Federal, State, and County laws and County ordinances and regulations which in any manner affect those engaged or employed in the Work, or the materials and equipment used in the Work, or which in any way affect the conduct of the Work, and all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the Drawings, Specifications, or in any other part of this Contract, in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report of the same to the Project Manager in writing. The Contractor shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees and shall protect and indemnify Calvert County Government and the engineering consultant and all of their officers, agents, employees, and servants against any claim or liability arising from or based upon the violation of any such law, ordinance, regulation, order, decree, whether by the Contractor or by its employees.

10. 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.

11. CONTRACT ADMINISTRATION. The Project Manager shall provide administration of the Contract as hereinafter described.

In case of the termination of the employment of the Project Manager, Calvert County Government shall appoint a Project Manager whose status under the Contract Documents shall be that of the former Project Manager.

A. PROJECT MANAGER.

1.) General. The Project Manager is a representative of Calvert County Government who shall act as advisor and consultant to Calvert County Government in construction matters related to the Contract. The term Project Manager may include more than one individual to perform Contract administration and construction observation. Hereinafter, the term Project Manager includes any and all designated representatives working under the direction of the Project Manager.

All instructions to the Contractor and all communications from the Contractor to Calvert County Government or any consultant shall be forwarded through the Project Manager. The Project Manager shall have the authority to act on behalf of Calvert County Government only to the extent provided in the Contract Documents. Calvert County Government has delegated its authority to the Project Manager to make initial decisions regarding questions which may arise as to the quality or acceptability of materials furnished and worked performed and as to the manner of performance and rate of progress of the work under the Contract. The Project Manager shall interpret the intent and meaning of the Contract and shall make initial decisions with respect to the

Contractor’s fulfillment of the Contract and the Contractor’s entitlement to compensation. The Contractor shall look initially to the Project Manager in matters relating to the Contract.

The Project Manager’s authority to act and any decisions made by the Project Manager in good faith either to exercise or not to exercise such authority shall not be interpreted or construed as control or responsibility of any of the work performed under this Contract.

2.) Representative. The Project Manager shall observe the progress, quality, and quantity of the

Work to determine, in general, if the Work is proceeding in accordance with the provisions of the Contract Documents. The Project Manager shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the Work.

3.) Observation and Inspection of Construction. The Project Manager shall observe the construction and shall have the authority to reject work and materials which do not conform to the Contract Documents, and to require special inspection or testing.

Observation and inspection by an inspector is not authorization to revoke, alter, or waive any requirements of the Specifications. Observation and inspection is the authorization to call the attention of the Contractor to any failure of the Work, materials, or workmanship to conform to the Contract Documents. The inspector shall have the authority, including the ability to reject materials or, in an emergency, suspend the Work. The Contractor may appeal any such issue which it disagrees with to the Project Manager for decision. If the decision of the Project Manager is not satisfactory to the Contractor, the Contractor may appeal such decision to the Director.

4.) Acceptability of the Work. Project Manager has the authority to make a recommendation as to the acceptability of the Work.

5.) Change Orders. The Project Manager has the authority to initiate Change Orders, to reject Change Orders proposed by the Contractor or any consultant.

6.) Construction Schedule. The Project Manager has the authority to review and recommend acceptance of the Progress Schedule submitted by the Contractor at the start of the Work and subsequent revisions for conformance to the specified sequence of work and logic.

7.) Progress Payments. The Project Manager has the authority to recommend acceptance or rejection of requests for progress payments which have been submitted by the Contractor.

8.) Final Payment. The Project Manager with the assistance of any consultant shall conduct inspections to determine the dates of Substantial Completion of the Work and final completion of the Work, and shall receive for review, written warranties, and related documents required by the Contract and assembled by the Contractor.

12. CALVERT COUNTY GOVERNMENT. Calvert County Government, acting through the Director or the

Project Manager, shall have the authority to act as the sole judge of the Work and materials with respect to both quantity and quality as set forth in the Contract.

13. ATTENTION TO WORK. The Project Manager or designated representative shall normally be available at the site of the Work. An alternate representative shall be designated when the designated Project Manager is not available at the site of the Work.

14. OBSERVATION AND INSPECTION. In addition to the Project Manager or designated representative, Calvert County Government may provide one or more inspectors to the Project Manager to observe the work and with the same authority as provided for in this Contract.

Separate and independent from the observations and inspections above, the Project may be inspected by building officials for code compliance. Such inspectors shall have the authority provided to them by local jurisdiction.

15. CALVERT COUNTY GOVERNMENT’S RIGHT TO USE OR OCCUPY. Calvert County Government reserves the right, prior to Substantial Completion, to occupy, or use, any completed part or parts of the Work, providing these areas have been approved for occupancy by Calvert County Government.

The exercise of this right shall in no way constitute an acceptance of such parts, or any part of the Work, nor shall it in anyway affect the dates and times when progress payments shall become due from Calvert County Government to the Contractor or in any way prejudice Calvert County Government’s rights in the Contract, or any bonds guaranteeing the same. The Contract shall be deemed completed only when all the Work contracted has been duly and properly performed and accepted by Calvert County Government.

Prior to such occupancy or use, Calvert County Government and Contractor shall agree in writing regarding the responsibilities assigned to each of them for payments, security, maintenance, heat, utilities, damage to the Work, insurance, the period for correction of the Work, and the commencement of warranties required by the Contract Documents.

In exercising the right to occupy or use completed parts of the Work prior to the Substantial Completion thereof, Calvert County Government shall not make any use which shall materially increase the cost to the Contractor, without increasing the Contract Amount, nor materially delay the completion of the Contract, without extending the time for completion.

16. CALVERT COUNTY GOVERNMENT’S RIGHT TO CARRY OUT THE WORK. If the Contractor should neglect to prosecute the Work properly or fail to perform any provision of the Contract, and fails within five (5) business days after receipt of written notice from Calvert County Government to commence and continue correction of such neglect or deficiency with diligence and promptness, Calvert County Government may, and without prejudice to any other remedy, make good such default, neglect or failure.

Calvert County Government also reserves the right to perform any portion of the Work due to an emergency threatening the safety of the Work, public, County, and any property or equipment.

In either case, a Change Order shall be issued unilaterally deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies and/or for performing such work, including compensation for Calvert County Government’s and engineering consultant’s additional services made necessary by such default, neglect, failure, or emergency.

17. CALVERT COUNTY GOVERNMENT’S RIGHT TO PERFORM WORK AND TO AWARD SEPARATE

CONTRACTS. Calvert County Government reserves the right to perform work related to the Project with Calvert County Government’s own forces, and to award separate Contracts in connection with the Project or other work on the Site. If the Contractor claims that delay, damage, or additional cost is involved because of such action by Calvert County Government, the Contractor shall make such claim as provided elsewhere in the Contract Documents.

When separate Contracts are awarded for different portions of the Project or other work on the Site, the term “Contractor” in the Contract Documents in each case shall mean the Contractor who executes each separate Agreement.

Calvert County Government shall provide for the coordination of the work of Calvert County Government’s own forces and of each separate contractor with the Work of the Contractor, who shall cooperate therewith.

18. RESPONSIBILITY OF CALVERT COUNTY GOVERNMENT. Calvert County Government shall not be held responsible for the care or protection of any material or parts of the Work prior to the final Acceptance, except as expressly provided in these Specifications.

19. 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.

20. TERMINATION OF CALVERT COUNTY GOVERNMENT LIABILITY. The acceptance of the Contractor of the final payment shall operate as and be a release to Calvert County Government, and every officer and agent thereof, from all claims by and liability to the Contractor for anything done or furnished for or relating to or affecting the work under the Contract.

21. CONTRACTOR.

A. STATUS OF CONTRACTOR AND SUBCONTRACTORS

The Contractor shall be required to establish to the satisfaction of Calvert County Government the reliability and responsibility of each proposed subcontractor to furnish and perform work under this Contract.

In the event any work is subcontracted, the Contractor shall be required to perform a meaningful portion of the work (i.e., at least fifty-one percent [51%] or more).

Subcontractors and other persons and organizations proposed by the Contractor and accepted by Calvert County Government must be used on the work for which they were proposed and accepted and shall not be changed except with the prior written approval of Calvert County Government.

If any part of the Work to be done under this Contract is subcontracted, the subcontract shall be in writing and shall provide that all work to be performed thereunder shall be performed in accordance with the terms of the Contract. The subcontracting of any or all of the work to be done shall in no way relieve the Contractor of any part of its responsibility under the Contract. Certified copies of subcontract agreements shall be provided by the Contractor to Calvert County Government upon request.

Any person undertaking a part of the work under the terms of the Contract, by virtue of an agreement with the Contractor, who, prior to such undertaking must receive the approval of the Project Manager. Calvert County Government may terminate the Contract if the subcontracting is performed without the Project Manager’s approval.

Each Bid shall have listed the name, portion of work to be performed, and location of the place of business of each subcontractor who shall perform work or labor or render service to the Contractor in or about the construction of the Work or improvement.

If the Contractor fails to designate in its proposal a subcontractor for any portion of the Work as required above, the Contractor shall be deemed to have agreed to perform such portion of the Work itself and shall not be permitted to subcontract said portion of the Work without the written permission of Calvert County Government in accordance with applicable laws.

1.) It is stipulated and agreed that the Contractor shall be an independent contractor in the performance of this Contract and shall have complete charge of persons engaged in performance of the Work. The Contractor shall perform the Work in accordance with its own methods, subject to compliance with the requirements of the Contract.

2.) Subcontractors shall not be recognized as having a direct relationship with Calvert County Government. The persons engaged in the Work, including employees of subcontractors and suppliers, shall be considered employees of the Contractor and their work shall be subject to the provisions of the Contract. References in these Contract Documents to actions required of subcontractors, manufacturers, suppliers, or any person other than the Contractor or Calvert County Government shall be interpreted as requiring that the Contractor shall require such subcontractor, manufacturer, supplier or person to perform the specified action.

The Contractor shall not employ any subcontractors that are not properly licensed in accordance with State or County law. Prior to commencement of any work by a subcontractor, the Contractor shall submit verification to the Project Manager that the subcontractor is properly licensed for the work it shall perform.

Contractor shall be fully responsible to Calvert County Government for the performance, acts and omissions of its subcontractors, and of persons directly or indirectly employed by them.

Each subcontract shall expressly incorporate by reference the terms of this Contract, including the following provisions:

• Each subcontractor shall carry insurance as required by this Contract, and provide evidence of such insurance.

• Each subcontractor shall be obligated to defend, indemnify, and hold Calvert County Government harmless from all claims arising from the subcontractor’s portion of the Work in the same manner as Contractor.

• Each subcontractor shall grant Calvert County Government a license to use its drawings and design materials as provided in the Agreement.

• Each subcontractor shall acknowledge Calvert County Government’s right to suspend or terminate the Contract and waive any right to anticipate profits in the event of such termination.

The removal and/or substitution of any subcontractor shall be made in writing by the Contractor and approved by Calvert County Government.

B. COOPERATION AMONG SUBCONTRACTORS. Each subcontractor shall coordinate the work with adjacent work and cooperate with other trades so to facilitate general progress of work. Each trade shall afford other trades every reasonable opportunity for installation of work and for storage of materials.