2026-018_-__SNOW_AND_ICE_REMOVAL_-_SOLOMON_S_RIVERWALK_AND_PARKING_LOT_-_FINAL.pdf

July 24, 2025

CALVERT COUNTY GOVERNMENT

BUILDINGS & GROUNDS DIVISION

RFQ 2026-018

SNOW AND ICE REMOVAL SERVICES

SOLOMONS RIVERWALK AND PARKING LOT

REQUEST FOR QUOTE

The Board of County Commissioners of Calvert County, Maryland, noted hereinafter as Calvert County Government, is soliciting written quotes from qualified companies (hereinafter, “the Contractor”) for all material, equipment, machinery, apparatus, transportation, and labor necessary to complete the services to be performed and/or furnish the products described in this Request for Quote (hereinafter, “RFQ”). The Contractor warrants all work performed shall conform to all applicable Federal, State, and local laws and regulations. All material and/or equipment furnished shall be new, unused, and shall be the same as the manufacturer’s current production model unless specified by Calvert County Government.

A site visit will not be held.

Quotes shall be submitted on a copy of the Proposal Page(s) signed by a representative authorized to bind the Contractor along with any required forms or requested information. This documentation shall be received on or before Friday, August 29, 2025 by 2:30 p.m.

(Local Prevailing Time) and e-mailed to Savannah Manning, Procurement Specialist, at Savannah.Manning@calvertcountymd.gov.

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

The right is hereby reserved to reject any or all proposals, and to waive informalities, as the interest of Calvert County Government may require.

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 shall be responsible for obtaining all documentation, including, but may not be limited to, the bid document, addenda, and questions and answers for clarification, by going to eMaryland Marketplace at https://emma.maryland.gov prior to submitting their quote.

Should there be any omissions and/or unclear conditions or specifications, it shall be the responsibility of the Contractor to clarify such items with Calvert County Government before submitting a quote. Requests for information related to this RFQ shall be made in writing and directed to the Procurement Office, Savannah Manning, Procurement Specialist by email at Savannah.Manning@calvertcountymd.gov. All questions shall be submitted on or before Friday, August 22, 2025 by 2:30 p.m. (Local Prevailing Time).

The right is hereby reserved to reject any or all bids and to waive informalities as the interest of Calvert County Government may require. Award shall be made to the lowest responsive, responsible Contractor. If the Contractor to whom an award is made shall fail to execute the Contract, and as herein provided, the award may be annulled and the Contract awarded to the second lowest responsive, 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 quotes as its interest may require. Any deviations from the specifications shall be noted in writing in detail by the Contractor and submitted with their quote. Calvert County Government reserves the right to accept or reject any exception.

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

Contractors should execute the following forms and provide any required documentation and include them as part of their bid. Bids made on any form(s) other than the required form(s) included in this RFQ 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. Failure to provide required forms and documentation may be cause for rejection of bid as nonresponsive.

1. Proposal Sheets

2. Equipment Questionnaire Form

3. Name and Signature Requirements of Bid and Contract Form

4. Reference Form

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

6. Dated Photocopy of Each Tagged Vehicle Registration

7. Questions and Answers/Clarification, if Applicable

8. Addenda, if Applicable

The results shall be posted on Calvert County Government’s web site at www.co.cal.md.us/Procurement/FY2026.

CONTRACTOR’S LEGAL BUSINESS NAME: __________________________________________________________

AUTHORIZED SIGNATURE: _________________________________________________ DATE: _______________

PRICE PROPOSAL

I/We propose to furnish all labor, material, equipment, and supervision necessary to provide SNOW AND ICE REMOVAL SERVICES at the SOLOMONS RIVERWALK AND PARKING LOT in accordance with the terms, conditions, and specifications contained in this Request for Quote for the price(s) submitted.

BASE BID

ITEM

DESCRIPTION UNIT OF MEASURE TOTAL

1 Up to Two Inches (2”) per Event $

2 Two Inches (2”) to Four Inches per Event $

3 Over Four Inches (4”) to Six Inches (6”) per Event $

4 Over Six Inches (6”) per Event $

OPTIONAL ADD ON PRICING

(AS REQUIRED AND APPROVED BY CALVERT COUNTY GOVERNMENT)

ITEM

# DESCRIPTION UNIT OF MEASURE TOTAL

1 Additional Salt Spreading or Pre-Treatment per Application ¹ $

¹ Is not dependent on number of inches of snow. Price shall be per application.

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

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) calendar days after such notice.

The undersigned has caused this bid 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 this specification and agrees to provide these for the bid price indicated in this proposal form. By signing each proposal page, the Contractor does hereby attest that they have fully read the Request for Quote and understand it. By signing here, the firm does hereby attest that it has fully read the instructions, conditions and general provisions and understands them.

The time for performance of this Contract shall begin from the date of the Notice to Proceed or otherwise noted.

CONTRACTOR’S LEGAL BUSINESS NAME: __________________________________________________________

AUTHORIZED SIGNATURE: _________________________________________________ DATE: _______________

EQUIPMENT QUESTIONNAIRE

Contractor shall list equipment to be offered to include, but may not be limited to: Truck(s) with visible company logo; plow(s); backhoe(s); salt spreader(s); blower(s); and, shovel(s).

Exact location where equipment will be stored during winter season

EQUIPMENT TYPE MAKE/MODEL SIZE/CAPACITY YEAR TAG #

CONTRACTOR SHALL INCLUDE A DATED PHOTO COPY OF EACH TAGGED VEHICLE

REGISTRATION WITH THEIR RESPONSE.

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 OF MARYLAND (SDAT) must be used on all forms within the bid document. 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 must 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: _______________________

REFERENCES

List three (3) current commercial business references your company provided similar services or commodities to in the past three (3) years. Calvert County Government reserves the right to request additional information regarding past and current clients for whom the Contractor has provided the services/commodities requested in this RFQ.

1. Company: _________________________________________________________

Address: _________________________________________________________

Contact Person: _________________________________________________________

Telephone: _________________________________________________________

Email: _________________________________________________________

2. Company: ________________________________________________________

Contact Person: _________________________________________________________

3. Company: _________________________________________________________

Contact Person: _________________________________________________________

Specify the number of years your company has been in business providing the services/commodities required in this Request for Quote: ____________________ (shall be at least three [3] years)

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 company responding to this RFQ 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 Board 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 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 (SECTION DELETED)

FORMAL SOLICITATION (SECTION DELETED)

NEW GOODS, FRESH STOCK (SECTION DELETED)

DEVIATIONS TO SPECIFICATIONS

Any deviations from the specifications shall be noted in detail by the Contractor in writing by the Contractor 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.

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.

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

The Contractor shall not commence work under this Contract until it has obtained the insurance required under this section. All coverage shall be with insurance carriers licensed and authorized to do business in Maryland. Insurance companies providing insurance shall be acceptable to Calvert County Government. Self-insured Contractors shall submit an affidavit attesting to their self-insured coverage.

1. Certificate Holder, Additional Insured, and Contract Information

a. The Board of County Commissioners of Calvert County, Maryland shall be named as certificate holder and as an additional insured for the duration of the Contract as follows:

Board of County Commissioners of Calvert County, Maryland Attention: Procurement Office Courthouse, 175 Main Street Prince Frederick, Maryland 20678

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

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

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

2. Commercial General Liability Insurance

During the life of this Contract, the Contractor shall procure and maintain Commercial General Liability Insurance in an amount not less than $1,000,000.00 (combined personal injury and/or property damage) per occurrence subject to $2,000,000.00 aggregate.

3. Automobile Liability Insurance

During the life of this Contract, the Contractor shall procure and maintain Automobile Liability Insurance, including applicable No-Fault coverage, with limits of liability not less than $1,000,000.00 per accident combined single limit Bodily Injury and Property Damage. Coverage shall include vehicles to be used in conjunction with this Contract on behalf of the Contractor.

If during the life of this Contract the Contractor owns commercial vehicles or obtains commercial vehicles, the Contractor shall procure and maintain Automobile Liability Insurance, to include No-Fault coverage, with limits not less than $1,000,000.00 per accident combined Bodily Injury and Property Damage. Coverage shall include “Any Auto” as indicated on the required Certificate of Insurance.

If during the life of this Contract the contractor does not own commercial vehicles, the Contractor shall procure and maintain vehicle coverage in accordance with the statutes of the State of Maryland. Coverage shall include “Non-Owned” and “Hired” as indicated on the required Certificate of Insurance.

4. Workers Compensation

During the life of this Contract, the Contractor shall procure and maintain Workers Compensation insurance, including Employers Liability Coverage in accordance with the statutes of the State of Maryland, covering all employees engaged in performance of the contract. If a Contractor is a sole proprietor or is a company that is not required to maintain workers compensation insurance coverage under the laws of the state of Maryland, that Contractor shall show some alternative injury insurance coverage, either through health insurance or employer`s liability coverage.

5. Notice of Cancellation

Prior to starting performance of the Contract and for each extension of the Contract, a certificate of insurance shall be furnished to Calvert County Government. Insurance companies providing insurance shall be acceptable to Calvert County Government.

The Contractor agrees to provide Calvert County Government a Certificate of Insurance evidencing that all coverage, limits and endorsements required herein are maintained and in full force and effect. If the Contractor receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, the Contractor agrees to notify Calvert County Government within two (2) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. It shall be the Contractor’s responsibility to make immediate notification to Calvert County Government if any changes are made to the policy.

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.

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) calendar 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 deliver within the time specified, or within reasonable time as interpreted by Calvert County Government, or failure to make replacements of rejected articles when so requested, immediately or as directed by Calvert County Government, shall constitute authority for Calvert County Government to purchase in the open market articles of comparable grade to replace the articles rejected or not delivered. On all such purchases, the Contractor shall reimburse Calvert County Government, within a reasonable time 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 beyond the control of the Contractor. Under such circumstances, however, the Procurement Officer may at their discretion, cancel the contract.

DELIVERY AND POINT OF DESTINATION (SECTION DELETED)

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, the Project Manager 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 or their surety.

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 RFQ.

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 RFQ 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.

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.

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.

SPECIFICATIONS

1. PURPOSE

Calvert County Government is requesting price quotations from qualified Contractors to provide all labor material, equipment, and supervision necessary to provide snow and ice removal services at the Solomons Riverwalk and parking lot in accordance with the specifications contained herein.

2. SCOPE OF WORK

The Contractor shall provide all labor, equipment, materials, and expertise necessary to perform snow and ice removal operations at the Solomon’s Riverwalk and parking lot as designated by Calvert County Government.

A. Equipment

1) The Contractor shall:

a. Furnish and maintain all snow and ice removal equipment required to service the areas described. Equipment to be provided shall be submitted on the Equipment List form included in this RFQ and shall include but may not be limited to:

Truck(s); with visible company Logo;

Plow(s);

Backhoe(s);

Salt Spreader(s);

Blower(s);

Shovel(s); and Any additional equipment the Contractor proposes.

b. Have adequate equipment to perform the required services.

c. Not store any equipment on Calvert County Government property.

Calvert County Government reserves the right to check the Contractor’s equipment and perform such investigation as may be deemed necessary to ensure proper equipment shall be utilized during the course of the Contract.

B. Materials

Contractor shall provide all salt (potassium chloride only) required.

C. Personnel

The Contractor shall:

1) Currently have adequate qualified trained personnel to ensure the work shall be performed with high standards at all times.

2) Furnish relief personnel as may be necessary.

Calvert County Government reserves the right to perform such investigations as may be deemed necessary to ensure that competent personnel and management shall be utilized in the performance of services.

D. Service Requirements

1) Be available for snow and ice removal services under the Contract from approximately November 1 through April 15. Calvert County Government may seek the services of the Contractor for rare winter events prior to November 1 or after April 15, if necessary.

2) Have equipment and personnel available on an on call as needed basis, seven (7) days a week, twenty-four (24) hours per day, during the service period.

3) Keep Calvert County Government’s Project Manager constantly informed as to the progress of the work during each clearing operation.

4) Remove snow and ice at the site, including clearing of parking lots, sidewalks, riverwalk, and pedestrian walkways, to conform to public and commercial standards. Ice and hard packed snow shall be removed to achieve the safest driving, parking, and walking conditions possible to the satisfaction of Project Manager.

a. Parking lots shall be plowed as required.

b. Pedestrian walkways and Riverwalk shall be spread with Contractor-supplied salt over the aforementioned areas as required and in accordance with the potassium chloride manufacturer’s application guidelines.

c. No plowing or blading snow on the Riverwalk (boardwalk) areas.

5) Properly place snow and ice to minimize loss of parking spaces.

6) Commence operations within one (1) hour of notification by the Project

Manager.

7) Provide a finished product resulting in no snow or ice on any contracted surface.

8) Provide additional salting and pre-treatment of pedestrian walkways and riverwalk on an on call as needed basis as required by conditions with the approval of the Project Manager.

9) Understand the necessity for snow and ice removal services at the site shall be determined by the Project Manager.

E. Starting/Stopping Time

After notification by the Project Manager, the Contractor shall begin services within one (1) hour after such notification. Service shall not begin until after snow event.

Contractor shall remain on site until the operation is complete.

3. CHANGES IN THE CONTRACT SCOPE

Calvert County Government may, by written order, make changes in the general scope of the Contract. The Contractor shall be given as much advance notice as is practicable when, for example, a site is to be added or deleted from the Contract.

4. EMPLOYEES

The Contractor shall:

A. Have employees shall with a minimum of two (2) years’ experience providing the services as required under this Contract.

B. Provide competent supervision.

Whenever the Project Manager shall, in writing, notify the Contractor that any person employed on the work is, in the Project Manager’s opinion, dishonest, incompetent, disobedient, unfaithful, disorderly, discourteous, or otherwise unsatisfactory, such person shall be removed and shall not again be employed on the work, except with the consent of the Project Manager.

5. PRICING

All pricing shall include all costs including, but not limited to, labor, materials, supervision, overhead, general and administrative expenses and profits, travel, vehicle fuel, mileage, tools, benefits, profit, and overhead, fees.

6. QUALIFICATION OF CONTRACTORS

A. Have a minimum of three (3) years successful experience actively engaged in providing the services required.

B. Be fully licensed and insured.

C. Have a proven record of providing this service satisfactorily as evidenced through reference checks.

D. Currently have adequate, modern equipment, qualified trained personnel, and financial ability to ensure the work will be performed with high standards at all times.

7. FAMILIARITY WITH THE WORK AND LAWS

The submission of a proposal 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 Contract, the serviced as described in these specifications, 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.

8. PURCHASE ORDERS/INVOICE/PAYMENT TERMS

The Contractor shall be issued a purchase order(s) for work to be performed. Payment shall be made after satisfactory completion of work and submittal of invoice(s).

“Satisfactory completion” includes, but may not be limited to, final approval by the Project Manager.

Invoice shall include:

Purchase order number;

Contract number;

Detailed description of work performed;

Location and dates of work performed;

Contract pricing;

Payment terms; and Remit to Address.

Invoices to be submitted to:

Calvert County Government Buildings & Grounds Division Courthouse, 175 Main Street Prince Frederick, Maryland 20678

NO SERVICE SHALL BEGIN until receipt of a purchase order or other notification by Calvert County Government’s Procurement Office Division Chief or the Project Manager or duly authorized representative to proceed.

Payment shall be made for acceptable service within thirty-(30) calendar days, more or less, of receipt of invoice.

Repeated incidents of late service performances and/or unnecessary delays shall be construed as noncompliance with the terms and conditions of the Contract and the Contractor shall be in default of the Contract. Default of contract shall result in penalties of damages incurred or grounds for termination of the Contract.

The Project Manager may authorize a waiver of late performance of service penalty upon receipt of written documentation and explanation of extenuating circumstance effecting service schedule.

Waiver of late delivery of service penalty is at the sole discretion of the Project Manager.

9. RIGHT TO WITHHOLD PAYMENTS

In the judgment of Calvert County Government, Calvert County Government may withhold from the Contractor so much of any approved payments due the Contractor as may be necessary:

A. To ensure the payment of just claims then due and unpaid of any persons supplying labor for the work;

B. To protect Calvert County Government from loss due to defective work not remedied;

or

C. To protect Calvert County Government from loss due to injury to persons or damage to the work or property of other contractors, subcontractors or others, caused by the act or neglect of the Contractor. Calvert County Government shall have the right as agent for the Contractor, to apply any such amounts so withheld in such manner as Calvert County Government may deem proper to satisfy such claims or to accrue such protection. Such applications of such money shall be deemed payments for the account of the Contractor.

10. SUBCONTRACTING

No subcontracting shall be permitted under this Contract.

11. INSPECTION OF SERVICES

A. Definitions – “Service”, as used in this Contract, includes services performed, workmanship, and material furnished or utilized in the performance of services.

B. Calvert County Government has the right to inspect all services called for by the Contract, to the extent practicable at all times and places during the term of this Contract. Calvert County Government shall perform inspections in a manner that will not unduly delay the work.

C. If any of the services do not conform to contract requirements, Calvert County Government may require the Contractor to perform the service again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by re-performance, Calvert County Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements, and (2) reduce the contract price to reflect the reduced value of the services performed.

D. If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performances in conformity with the contract requirements, Calvert County Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by Calvert County Government that is directly related to the performance of such service, or

(2) terminate the contract for default.

12. SAFETY MEASURES

A. Contractor shall take all necessary precautions for the safety of employees on the work site and shall erect and properly maintain at all times, as required by job conditions and progress of the work, all necessary safeguards for the protection of the workmen, Calvert County Government employees, and public.

B. All Maryland Governmental Agencies are mandated to comply with Public

Employment Occupational Safety and Health Act Legislations, which closely adheres to the Federal Occupational Safety and Health Act of 1970, requiring compliance with safety standards thereof. As of this date, all equipment owned and operated by Calvert County Government shall meet the established standards.

It is therefore imperative that all concerned be made aware of and comply with the following:

1) The Contractor hereby guarantees that all services and equipment furnished or delivered to Calvert County Government as listed on any Proposal, request for proposal, quotation, contact, or purchase order meet the requirements, specifications, and standards as provided for under the

Federal Occupational Safety and Health Act of 1970, as from time to time amended and enforced as of the date thereof.

C. Calvert County Government retains the right to have representatives of Calvert

County Government inspect any service or project taking place on Calvert County Government property or through Calvert County Government auspices. Calvert County Government reserves the right to stop work if an imminent hazard exists.

The costs, if any created by a work stoppage due to unsafe conditions, will be borne by the Contractor responsible for the unsafe condition.

13. ACCIDENT PREVENTION AND NOTIFICATION

The Contractor shall be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work under the Contract. Caution shall be exercised at all times for the protection of persons and property. The safety provisions of all applicable laws and regulations shall be observed, including but not limited to safeguards on equipment, the elimination of hazards, and worker safety training.

In the event of any accident of any kind which involves the general public and/or private or public property on the site to be serviced, the Contractor shall immediately notify Calvert County Government for informational purposes only. Upon Calvert County Government‘s request, the Contractor shall provide an accounting of details and/or copies of written accident reports.

14. CONTRACT PERIOD

A. The term of this Contract shall be for one (1) year from date indicated in the Notice to Proceed, or otherwise indicated by Calvert County Government, with the option of extending the Contract for four (4) additional one (1) year periods under the same terms and conditions.

B. This Contract shall be automatically renewed unless notice of nonrenewal shall be made to the Contractor by Calvert County Government or to Calvert County Government by the Contractor at least ninety (90) calendar days prior to the contract anniversary date which is the date in the Notice to Proceed or otherwise indicated by Calvert County Government.

15. PRICE ADJUSTMENT

A. All prices offered herein shall be firm against any increase for one (1) year from the effective date of this contract. Prior to commencement of subsequent renewal terms, Calvert County Government will entertain a request for escalation considering Calvert County Government government’s budgetary and economic conditions. If those conditions allow, the Contractor and Calvert County Government shall use the U.S. Department of Labor Consumer Price Index (CPI- U) for the Washington Metropolitan Area, based upon a twelve (12) month average over the prior year to help determine the amount of the increase. If the increase is approved, it would become effective the first day of the subsequent renewal and shall not exceed three percent (3%). The Consumer Price Index for All Urban Consumers (CPI-U) to be used can be found using the following link:

https://www.bls.gov/regions/mid-atlantic/data/consumerpriceindexhistorical_washingtondc_table.htm

B. The Contractor shall submit the Contract Price Adjustment Justification Form and submit to the Procurement Office at least…