20260929 Pyrotechnics Services RFP.pdf

BOND NO. ________________

BID REQUEST NO. ___________________

REQUEST FOR PROPOSALS (RFP)

PYROTECHNICS SERVICES FIREWORKS DISPLAY CONTRACT

ISSUE DATE: September 29, 2026

NOTICE

Prospective offerors that obtain this document from a source other than eMaryland Marketplace Advantage (eMMA) should immediately register on eMMA at https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage to view the official RFP and any addenda, and to ensure receipt of addenda and other communications regarding this solicitation. It is the responsibility of each prospective offeror to refer to eMMA for any available amendments, addenda, cancellations and additional information regarding this RFP.

KEY INFORMATION SUMMARY SHEET

Request for Proposals Pyrotechnic Fireworks Display Contract

RFP Issue Date Sep 29, 2026

RFP Issuer Dr. Samelia Okpodu, Town Administrator

RFP Issuer Contact Information Dr. Samelia Okpodu, Town Administrator sokpodu@chesapeakebeachmd.gov

Town Hall, 8200 Bayside Rd. Chesapeake Beach, MD 20732;

Phone number: (410) 257-2230

Proposal information is available at Town Hall: 8200 Bayside Rd. Chesapeake Beach MD 20732 during regular business hours: 8:30 AM - 4:30 PM and on eMaryland Marketplace: https://emma.maryland. gov/

Mandatory Pre-Bid/Pre-Proposal Conference

10:00 AM October 13, 2026 at 8200 Bayside Rd, Chesapeake Beach

All questions and requests for clarification regarding the RFP shall be submitted to

Dan Baden, Town Treasurer dbaden@chesapeakebeachmd.gov prior to 9:00 AM on October 19, 2026

SEALED Proposals are to be sent to ATTENTION: Dan Baden, Town Treasurer

8200 Bayside Rd., PO Box 400 Chesapeake Beach, MD 20732

Written responses to all questions and requests for clarification

Will be posted on eMMA no later than October 23, 2026

SEALED Proposals Due (Closing) Date, Time and Location

Before 9:30 AM on November 3, 2026 at Chesapeake Beach Town Hall 8200 Bayside Rd. Chesapeake Beach, MD 20732

SEALED Proposal Public Opening 10:00 AM on November 3, 2026 Chesapeake Beach Town Hall, 8200 Bayside Rd. Chesapeake Beach, MD 20732

Contract Type Fixed Lump Sum Annual Rate

Contract Duration one (1) year with the option to renew two (1) one-year terms

1.1 Minimum Qualifications

To be considered for award, the Offeror must document in its Proposal that, within the last five (5) years, the following Minimum Qualifications have been met:

Three (3) years of experience offering requested pyrotechnic services for similar events.

Required Documentation: As proof of meeting this requirement, the Offeror shall provide with its Proposal one or more references from the past five years that collectively demonstrate the Offeror’s required years of experience in providing pyrotechnic display services to a municipal government or similar setting.

THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

2.1.1 The Town of Chesapeake Beach is seeking proposals to contract Pyrotechnic Display Services.

2.1.2 It is the Town’s intention to obtain goods and services, as specified in this RFP, from a Contract between the selected Offeror and the Town.

2.1.3 The Town intends to make a single award for Pyrotechnic Services as a result of this RFP.

2.2 Background and Purpose

Chesapeake Beach (“the Town”), is located on the western shore of the Chesapeake Bay. The Town hosts several events, drawing thousands of visitors to the Town. The most popular of these events is the annual Independence Day Holiday fireworks display. The Town, which is the sole sponsor of the event, is very proud of the display and endeavors to ensure fun, excitement, and spectacular pyrotechnics to be enjoyed by all.

The Town requests proposals for a pyrotechnics firework display as described herein from qualified pyrotechnics firms having fully licensed and experienced staff and a track record of successful events. The Town's budget for the pyrotechnics fireworks display is $55,000.00. The Town will provide Qty. 2, 30 x 90 barges for the display.

The successful bidder (“the Contractor”) will be required to coordinate with the barge company for access to the barges and will be required to load the barge with all fireworks prior to the event to be transported to the site of the display by the barge company’s designated captain.

If it becomes necessary to revise any part of this RFP or otherwise provide additional information, an addendum will be issued to all prospective proposers who received copies of the original request.

2.2.1 Project Goals

1. Provide a safe fireworks display for Town residents, Town businesses and guests of the Town.

2. Superior value for the budgeted amount.

3. Superior performance for the budgeted amount.

4. Streamlined and timely permitting process for the event.

2.2.2 Town Staff and Roles

a. Town Administrator: Provides oversight of the contract terms, conditions, performance and participates in the evaluation of the bids.

b. Town Treasurer: Receives proposals and participates in the evaluation of bids.

2.3 Responsibilities, Tasks, Scope of Work

1. This RFP seeks proposals to provide a fireworks display ("the Display") for the Town on July 3 of each year of the contract or the Rain Date of July 5 or 6 of the same year.

2. The required Display is to be no less than 25 minutes in duration and have a one-mile line of visibility. The Contractor must perform clean-up of fireworks materials from the barge and the loading/off-loading site. Bidders should provide prices for two additional option years, on the same dates.

3. The contractor shall provide a description of its proposed program. For each element of this program, give the type, size, breaks, and description of each shell intended for use in the program along with the actual number of shells proposed:

Opening Barrage Segment, Main Display Segment, Grand Finale Segment.

4. Proposals should include a main display and a finale with shells of between 2 1/2 - 8-inch diameter, and a creative variety of other fireworks. To discourage repetitive use of simple effects and low-cost devices, the award will not be made solely on quantity of shells proposed. The bidders must list out each shell by quantity as well as segment with their bid package.

5. All fireworks should be Class 1.3 Display Fireworks. All fireworks packages shall be clearly labeled as to size, type, quantity, and country of origin.

6. The Contractor will be solely responsible for compliance with the applicable codes, standards and shall comply with NFPA 1123 (2026 Edition) Code for the Outdoor Display of Fireworks and NFPA 1126 (2026 Edition) Standard for Use of

Pyrotechnics before a Proximate Audience, Additional safety requirements may apply which are not addressed in the NFPA 1126, if deemed necessary for fire and injury prevention.

7. The Contractor will be solely responsible for delivery of and security for all fireworks, mortar tubes and mortar racks to discharge all shells in the Display at all times and under all conditions. The Contractor shall meet with the Town's contracted barge company from which the Display is to be staged to coordinate their respective services.

8. The Contractor must provide to the Town, one week before the Display, a printed, detailed, itemized, inventory shipping list of all shells shipped for the Display.

9. Prior to the loading of the shells, the Contractor must provide an on-site inventory check of shells with the Town Administrator at a mutually agreed time but no later than 11:00 AM on the day of the Display.

10. The Contractor must provide one point of contact for the Town Administrator for the day of the event and for communication of all activities preceding the event.

11. The Contractor must provide to the Town, as early as possible, but no less than three (3) weeks prior to the Display, a copy of all applicable permits (fire, police, local and state approval). The Contractor is responsible for obtaining all permits.

12. The Contractor must provide a detailed, concise action plan for delivery, inventory, pyrotechnics handling from off-loading to set-up, communication with staff, describe set-up, display, clean-up of area and disposal of defective, damaged, or unsafe shells. Include safety procedures and a detailed back-up plan to assure the fireworks shells will be fired if a malfunction occurs.

13. The Contractor must provide an experienced and certified pyrotechnician who meets all state and federal laws relative to the handling, transportation, and firing of pyrotechnics at the time of loading the display, transporting the display and during the display.

14. The Contractor must communicate and work with the Town's barge contractor to determine the load out site for the transfer of the fireworks and equipment onto the barges.

15. The Contractor is responsible for all costs to load, unload and secure the fireworks on the barges.

16. If the event is postponed the Contractor is responsible for all coordination, relocation, security, and all communication with regulating agencies.

2.4 Contract Terms

1. The Contract term extends from the date of signature by the Town through June 31, 2028, except that the Town shall have the right to exercise an option to extend the contract for two additional one-year terms (each, an “Option Year”) at the prices set forth in the Contractor’s proposal, and the term of each Option Year shall extend through the end of the fiscal year following the Display in the relevant calendar year.

2. The Contractor shall provide the fireworks proposed in the Proposal as submitted.

3. The Town will pay a deposit of 50% of the contract price when the Contractor produces a detailed inventory order list for the Display or on March 1 of the calendar year in which the Display is to occur, whichever is later. Following successful completion of the Display in compliance with all the requirements of the Contract Documents, the Town shall pay the remaining balance within 10 days of submission by the Contractor of an invoice. The Town reserves the right to withhold payment of all, or a portion of the balance should the Contractor not perform the services as required by the contract.

4. Postponement and Cancellation. Postponement of the Display may occur because of rain or inclement weather or for other reasons as determined by the Town. The Town Administrator is the only individual who may make a decision regarding the necessity of a postponement for any reason, except that in the case of the Town Administrator’s absence, the Town Administrator’s designated representative shall act. In the event a postponement is necessary, the Town shall notify the Contractor by telephone and email as soon as possible. In the event of a postponement of the July 3 event, the Contractor will be notified prior to 11:00 A.M on July 3 that the Display will be postponed until July 5 or 6, 2027, and the Town shall not be subject to additional costs. If the captain of the barge decides it is unsafe to travel to the location after this time due to unexpected weather changes or for any other reason, the Town shall not be subject to additional costs.

3 Selection Procedures

3.1 Process

The Town Administrator will review all submittals and shall determine whether each proposal meets the minimum requirements as of this RFP and is both responsive (offering all the services defined in the RFP and contain all the required information and forms properly completed) and responsible (submitted by a bidder with the capability, integrity, and reliability to perform under the contract.

The Town Administrator will present a recommendation to the Town Council for award of a contract to the proposer whose Proposal is deemed most advantageous to the Town considering the criteria set forth in subsections 3.3.1 – 3.3.7 of this Section.

3.2 Evaluation Process

The Town reserves the right to award the contract to the bidder whose responsive and responsible submittal best meets the Town's needs. The Town's decision or judgment on these matters shall be final. The award will be based on the evaluation criteria set forth in Section 3.3. the Each of the criteria may contain ratings of:

Unacceptable

Not advantageous

Acceptable Advantageous

Highly Advantageous

An "Unacceptable" rating in any one of the criteria may eliminate the proposal from further consideration.

3.3 Evaluation Criteria

3.3.1 The proposer's background, history of performance with the Town and capability to perform all the aspects of the required services (20 points)

Unacceptable: Less than three (3) years of experience in providing similar sized fireworks displays.

Advantageous: At least three (3) years but less than six (6) years of experience in providing similar sized fireworks displays.

Highly Advantageous: Six (6) or more years of experience in providing similar sized fireworks displays.

3.3.2 The proposer's specific experience in performing fireworks displays from the water utilizing a barge. Failure to fully document the experience will result in a lower ranking (20 points)

Unacceptable: Contractor has little or no experience in performing fireworks displays on the water. (0 -3 water displays in the past two years).

Advantageous: Contractor has performed more than three (3), but less than ten

(10) fireworks display on the water in the past two years.

Highly Advantageous: Contractor has performed ten (10) or more fireworks display on the water in the past two years.

3.3.3 The proposer’s references (8 points)

Unacceptable: References are not provided.

Not Advantageous: References provided are not related to similar size / type displays. Advantageous: References provided for the past two years including a client list of a minimum of 20 clients.

Highly Advantageous: References provided for the past three years include a client list exceeding 20 clients.

3.3.4 The proposer's proposed staffing (10 points)

Not Advantageous - No staffing information provided.

Acceptable - The staffing information provided will adequately meet the needs of the Town.

Advantageous - The staffing information provided will meet the needs of the

Town and shows the proposer's commitment to the project by providing an experienced team of quality professionals with defined roles clearly listing who the Town’s point of contact will be the day of the event and preceding the event.

Highly Advantageous - The staffing information and team organization provided will exceed the needs set forth by the Town and shows the proposer's commitment to putting their best and most experienced staff and resources into this project. Staff roles and responsibility are clearly defined, clearly listing who the Town’s point of contact will be the day of the event and preceding the event.

3.3.5 Quality. To discourage repetitive use of simple effects and low-cost devices, the award will not be made solely on quantity of shells proposed. The apparent quality and variety of fireworks will be very important factors. The Town reserves the right to collect additional information on the quality of the fireworks proposed through questions to the proposer as well as through other sources. (20 points)

Unacceptable - Proposal did not describe the fireworks display to be provided.

Not Advantageous - Proposal provided a description of the fireworks display to be provided, but it is not adequate to meet the Town's needs and does not represent a good value for the appropriated funds.

Advantageous - Proposal provided a description of the fireworks display to be provided will adequately meet the Town's needs and provide an adequate value for the appropriated funds.

Highly Advantageous - Proposal provided a description of the fireworks display to be provided that will exceed the Town's needs and provide excellent value for the appropriated funds.

3.3.6 The proposer's description of the display contains an adequately described opening barrage segment, main display segment, and grand finale segment. (20 points).

3.3.7 General Impression of Proposal (2 points)

Unacceptable - The proposal was not responsive to the Comparative Evaluation Criteria in an acceptable manner.

Not Advantageous - Response is informative, meets the criteria for responsiveness.

The proposer's ability to perform in a manner acceptable to the Town is not clearly demonstrated.

Advantageous - Response is informative, meets criteria for responsiveness and communicates well. The proposal indicates that the proposer can perform in a manner acceptable to the Town.

Highly Advantageous - Response is concise, informative, and highly detailed.

Proposal reflects that provider can perform in a manner acceptable to the Town, communicate well and shows the proposer's experience in pyrotechnics displays.

The RFP Evaluation Committee is confident in the proposer's overall ability to provide and administer the services as required by the Town.

4 Proposal Submission Requirements

Submission:

1. Proposers must attend the mandatory pre-bid meeting either virtually or in person.

2. Each proposal shall be submitted in a sealed envelope containing one (1) original copy of the proposal, marked "Town of Chesapeake Beach Pyrotechnics Display."

The firm name shall be written on the outside of the envelope.

3. Proposals will be accepted until 9:30 AM on November 3, 2026, and opened in the

Town Council chambers immediately after the acceptance time has ended.

Proposals must be delivered to the Town of Chesapeake Beach 8200 Bayside Road, PO Box 400, Chesapeake Beach, MD 20732. It is the sole responsibility of the proposer to ensure that the proposal arrives on time and at the designated place.

TOWN OF CHESAPEAKE BEACH

REQUIRED BID FORM - PYROTECHNIC DISPLAY SERVICES

BID FORM

CONTRACTOR’S BID FOR

Town of Chesapeake Beach Pyrotechnic Display Services

CHESAPEAKE BEACH, MARYLAND

THIS BID IS SUBMITTED

TO:

THE TOWN OF CHESAPEAKE BEACH

8200 BAYSIDE ROAD

POST OFFICE BOX 400

CHESAPEAKE BEACH, MARYLAND 20732

BY: [BIDDER’S NAME AND ADDRESS]

Telephone #: ___________________________

Email: _________________________________

Date: __________________________________

In submitting this Bid, BIDDER represents, as set forth in the Agreement, that:

BIDDER has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all, which is hereby acknowledge:

Addendum No. Addendum Date

REQUIRED BID FORM - PYROTECHNIC DISPLAY SERVICES

A. BIDDER has visited each Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

B. BIDDER is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress and performance of the Work.

C. BIDDER does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

D. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

E, This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other BIDDER to submit a false or sham Bid; BIDDER has noy solicited or induced any individual or entity to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER.

BIDDER acknowledges that BIDDER’s price(s) constitutes BIDDER’s sole compensation for performing all Work required by the Contract Documents, and if a particular part of the Work is not listed in the Bid Item Descriptions, BIDDER has included that part of the Work in the Bid Item Description where it most logically belongs.

5.01 Schedule of Bid Items

Proposed cost of providing Fireworks Display for 2027 $55,000.000.

PART A: Bidder must attach a detailed list of shells, including size and effect for each shell to be included in the display. Include visual depictions of shell effects, either in the form of pictures or video. The proposer shall elaborate on the ability to coordinate the fireworks display. Proposer to include the total number of shells - including specialty colors and size of shells, variety and uniqueness of shells. A listing and descriptions of specific shells is required.

High quantity of special effects shells, i.e. multiple break shells, amount of shells per minute, lack of dead airtime.

Length of show - SHOW MUST BE AT LEAST 25 MINUTES IN DURATION.

Dead Spots - The maximum number of seconds with no shells exploding (shall not exceed 5 seconds).

Provide Segment information and breakdown of pricing on an attached paper.

REQUIRED BID FORM - PYROTHECNIC DISPLAY SERVICES

a. Opening Segment (Approximate Duration _____________________)

Shell Size Quantity Base Effects Presented _____________________)

Total number of Shells in this segment _________________________)

Main Body Segment (Approximate Duration ____________________)

b. Main Body Segment (Approximate Duration _____________________)

c. False Ending Segment (Approximate Duration _____________________)

d. Grand Finale Segment (Approximate Duration _____________________)

Total number of shells in the entire display:

PART B - Extended Contract

Please include any incentives if the Town contracts services for more than one year:

A. Total Lump Sum for pyrotechnic services in calendar year 2028:

____________________________________________ Dollars (In Writing)

$___________________________________________ Dollars (In Figures)

B. Total Lump Sum for pyrotechnic services in calendar year 2029:

____________________________________________ Dollars (In Writing)

$___________________________________________ Dollars (In Figures)

The Contractor will execute the Town’s contract document labeled as “agreement”. Town will not pay any sums for any Display without the prior written approval.

Company: _______________________________________

Authorized Signature: ___________________________

Print Name: _____________________________________

Title: _____________________________________

Date: _____________________________________

INSTRUCTIONS TO BIDDERS

BIDS:

1. Bids will only be accepted by Chesapeake Beach if submitted in accordance with these instructions, the General Conditions and any other attached bid documents. A bid security in the amount of Five Percent (5%) of the bid amount (if the solicitation contemplates a multi-year Contract, 5% of the total first year bid) in the form of the Bid Bond which is attached to this Instruction to Bidders, shall accompany this bid.

2. Bidders shall have all documents submitted to the Town signed in BLUE ink.

QUALIFICATIONS OF BIDDERS:

The Town may make such investigation as it deems necessary to determine the ability of the Bidder to furnish the services and the Bidder shall furnish to the Town all such information and data for this purpose that the Town may request. The Town reserves the right to reject any bid if the evidence submitted by the Bidder or an investigation of such Bidder fails to satisfy the Town that such Bidder is properly qualified to carry out the obligations of the contract.

1. RESERVATIONS:

The Town reserves the following rights, in addition to any otherwise available to it by law:

a. To waive formalities or technicalities in bids as the interests of the Town may require;

b. To waive minor differences in specifications provided these differences do not violate the intent of the specification or materially affect the operation for which the item is being acquired;

c. To reject bids which show omission, irregularity, alteration of forms, or additions not called for, and conditional or unconditional, unresponsive bids or bids obviously unbalanced;

d. To award contracts on a lump sum or an individual item basis or such combination thereof as the interests of the Town may require. The manner in which the award will be made is indicated on the Bid Summary Sheet;

e. To purchase additional like units at the same unit cost as listed in the Line Item Bidding section of the Bidder’s response to the solicitation .

f. To reject or accept any or all bids or portion thereof where such acceptance or rejection would, in the Town's sole discretion, be in its best interests;

g. To reduce or modify the scope of the Project in order to meet funding limits or budget and scheduling constraints; and

h. To advertise for new bids.

2. REQUIRED ATTACHMENTS TO BIDS:

Each bid shall be accompanied by the following documents: Bid Bond, Bid Certification Form, Equal Opportunity Employer & Drug Free Workplace Certification, Affidavit of Public Contracting Eligibility, Contractor Responsibility Questionnaire and Reference List, and, if required by law, an Affidavit of Apprenticeship Funding, as included with this solicitation package.

3. WITHDRAWAL OF BIDS; ACCEPTANCE OR REJECTION OF BIDS:

Prior to the time of opening, bids may be withdrawn only upon written request received from Bidder. The Town will accept or reject bids within ninety (90) days of the date set for opening bids. No Bidder may withdraw its bid for a period of ninety (90) days after opening of the bids.

4. WAIVER OF WARRANTIES AND DAMAGES:

The Town will not accept contractual provisions that purport to waive implied warranties of merchantability or fitness for a particular purpose. The Town will not accept contractual provisions that purport to limit damages to amounts paid to the bidder under any contract formed in connection with this bid or to exclude a category of damages that would otherwise be available to the Town under Maryland law. By submitting a bid to the Town for the services or products that are the subject of this bid, the bidder agrees that any such provisions proffered shall be and are rejected and shall be inoperative with respect to any contract formed between the parties with respect to this bid.

5. ADDENDA:

Any addenda issued after the Invitation for Bid and before the opening of bids shall be acknowledged in the bid submission by submitting a signed and dated copy of the addenda as acknowledgement of receipt which shall become part of the bid.

6. BID DOCUMENTS:

Bidders must examine all bid documents and any specifications carefully. In case doubt shall arise as to the meaning or intent of anything shown in the bid documents or specifications, inquiry shall be made of the Town before the bid is submitted. The submission of a bid shall indicate that the bidder thoroughly understands the terms of the bid documents and any specifications.

7. EXECUTION OF THE AGREEMENT:

o A copy of the form Agreement is included with the bid package. Changes may be made to the form Agreement in the sole discretion of the Town and the bidder should not rely on an expectation of changes in the Agreement.

The successful Bidder shall return two copies of the Contract and such other documents as required by the solicitation documents, properly executed, to the Town within seven (7) days after the date of issuance of the Notice of Award.

o Failure by the bidder to execute the Agreement and submit such other documents as required by the bid documents and file acceptable insurance certificates and bonds within the time established shall be cause for termination of the Award. The Agreement may then be awarded to the next lowest responsive and responsible bidder or the Work may be re-advertised and constructed under contract or otherwise, as the Town may decide. All additional costs incurred by the Town to reprocure the services shall be assessed against the bidder and/or its bid security.

o Before submitting bids, prospective bidders should carefully examine the proposed contract documents, inspect the site of the proposed project, acquaint themselves with all governing Federal, state and local laws, ordinances, and regulations, and otherwise thoroughly familiarize themselves with all matters which may affect the performance of the project, including if applicable, grant requirements. The act of submitting a bid shall mean that the bidder has so familiarized itself and, therefore, no concession will be granted by the Town because of any claim of misunderstanding or lack of information. Bidders are expected to read and study the drawings and specifications with special care and to observe all their requirements.

Discrepancies, ambiguities, errors, or omissions noted by bidders should be reported promptly to the Town’s contract specialist for correction or interpretation before the date of the opening of bids.

1. AFFIDAVIT OF PUBLIC CONTRACTING ELIGIBILITY:

Pursuant to the State Finance and Procurement Article of the Annotated Code of Maryland, the bidder shall sign the Affidavit of Public Contracting Eligibility included with the bid documents.

o BID SUBMITTAL LIMIT:

A bidder may submit only one bid for each Request for Proposals/Invitation to

Bid. More than one Bid from an individual, firm or partnership, corporation, limited liability company or association under the same or different names will not be considered and will be considered grounds for disqualification of the Bids involved, and rejection of the bids.

o GRANT-FUNDED CONTRACTS:

This Agreement may be funded, in whole or in part, using federal or State grant funds and may therefore be subject to conditions imposed by regulations of the governmental entity providing such funds. Such funding, if any, will be identified in the description of the Work or Services included with this Invitation for Bids. It is the bidder’s responsibility to determine the scope and requirements of and to comply with the terms of any regulations relating to or governing the use of such grant funds. Such regulations may under certain circumstances include, but are not limited to, payment of prevailing wage rates, the purchase of materials manufactured in the United States, the maintenance of specific records for specific periods of time, and/or approval of subcontracts.

o SUBMISSIONS ARE PUBLIC INFORMATION:

Procurement information, including responses to IFBs, shall be a public record to the extent provided in the Maryland Public Information Act, Md.

Ann. Code, General Provisions Article, Title 4, and shall be available to the public as provided in such statute. Bidders shall not make blanket assertions that the entirety of their submission is confidential. Rather, should a bidder contend that their bid or a portion thereof contains confidential information, they should clearly identify which portion of their bid should be treated as confidential and state the reason why it is confidential citing to the applicable provision(s) of the Maryland Public Information Act and decisions interpreting the Act. The Town reserves the right, within the parameters of the Act, to determine that an item does not meet the appropriate criteria to be considered a confidential item and will so inform the bidder in writing of its determination. Further, the affidavit required by Section 12 of these Instructions to Bidders shall also indicate the bidder’s understanding that all documents, information and data submitted in its Bid shall be treated as public information unless otherwise indicated.

GENERAL CONDITIONS

1. CONTRACTOR PERFORMANCE:

The Town engages the Contractor to perform the Services based upon Contractor’s stated experience in performing the requested services. Accordingly, the Contractor is expected to be familiar with all applicable laws, codes and industry standards and to perform the Services in strict compliance therewith. The Contractor shall provide the Services in accordance with the standards to which an experienced and competent Contractor using the degree of care and skill ordinarily exercised by a reputable contractor performing such services in Maryland customarily adheres.

When approval by the Town is required, such approval is understood to be general approval only and does not relieve the Contractor of responsibility for complying with all applicable laws, codes and good practices. The Contractor shall diligently and competently render all Services necessary or advisable for the project.

1. COMPLETION OF WORK:

o Time is of the essence. The contractor for this work will be expected to deliver the product within the number of calendar days stipulated in the bid documents.

o If the contractor is delayed at any time in the delivery of the services or products by any act or negligence of the Town, or by any act or negligence by separate contractor employed by the Town, or that of any employee of either, or by any changes ordered in the materials or by strike, lockout, fires, unusual delays in transportation, unavoidable casualties or any causes beyond the contractor's control, or by delay authorized by the Town, the Town in sole discretion shall decide the permissible extent of such delay.

1. FAILURE TO DELIVER:

In the event the contractor fails to deliver the services and materials covered by the Contract and in accordance with the delivery terms stipulated in the contract, then the Town will have the right to terminate the contract for default and purchase on the open market the services and/or materials covered in the Contract and shall have as damages the cost of obtaining such services and/or materials shall be assessed against the Contractor and/or its surety.

1. PERFORMANCE AND PAYMENT BONDS:

The successful bidder will be required to give Performance and Payment Bonds or Letters of Credit acceptable to the Town within five (5) business days after the date of the fully executed contract. The Performance Bond or Letter of Credit shall be one hundred percent (100%) of the contract price, conditioned upon the Contractor complying in all respects with the terms and conditions of its contract, and indemnifying the Town against and from all costs, expenses, damages, injury or loss to which said Town may be subjected by reason of any wrong doing, misconduct, want of care or skill, negligence or default upon the part of the Contractor in the execution or performance of this contract. The Payment Bond or Letter of Credit will be fifty percent (50%) of the contract price. These Bonds or Letters of Credit shall be executed with the same surety. Whenever the surety on the bonds or letters of credit so furnished shall be deemed by the Town to be insufficient or unsatisfactory, the Contractor shall, within ten (10) days after notice to that effect, furnish and deliver new bonds or letters of credit to the Town in the same penalty and on the same conditions, with surety satisfactory to the Town, and this duty shall continue on the part of the Contractor, whenever and so often as the Town shall require new bonds or letters of credit with a satisfactory surety. If the Contractor shall fail to furnish such bonds or letters of credit within ten (10) days after said notice is mailed to his address, the Town through its proper agent, may stop all further work under the Contract and re-let the unfinished work at the expense of the Contractor.

1. INSURANCE:

The Contractor shall maintain the insurance coverages set forth in the form of Agreement included with this solicitation and shall provide Certificates evidencing such insurance to the Town before beginning work. Certificates of Insurance shall be on an occurrences basis. The Contractor shall name the Town as additional insured to the required insurance policy.

1. TAXES:

The Contractor shall pay all sales, consumer, use and other similar taxes required by applicable law to be paid with respect to the work performed or the materials or equipment furnished. The Town is exempt from the payment of such taxes with respect to items purchased directly.

1. INDEMNIFICATION:

The Contractor will be required to indemnify, defend and hold the Town harmless in accordance with the form of Agreement included with this Invitation for Bids.

1. TESTING AND INSPECTION:

The Town has the right to inspect and test all services and materials called for by the contract, to the extent practicable at all times and places during the term of the contract. The Town shall perform inspections and tests in a manner that will not unduly delay the work. If any of the services and/or materials do not conform to contract specifications, the Town may require the Contractor to perform the service or again provide a replacement product in conformity with contract specifications, at no increase in contract amount.

1. WARRANTY:

o The Contractor shall warrant its work and/or material for one (1) year from the

Town’s acceptance thereof, or final completion of the work under the contract, whichever is later, unless specified otherwise. The work and/or material is guaranteed to remain free from all defects and to comply with all requirements of the Contract Documents. Should there be any defects in the workmanship and/or materials requiring repair and/or replacement, the Town shall notify the Contractor in writing promptly upon discovery and will allow the Contractor to make the repairs and/or replacement to any of the work or materials within seventy-two (72) hours after notification by the Town.

o In addition to other promises and warranties contained herein the Contractor specifically warrants to the Town that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirement of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Vendor’s/ Offeror's warranty excludes remedy for damage or defect caused by the Town’s abuse, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Town, the Contractor shall furnish satisfactory evidence as to the kind and quality of Materials and Equipment.

o Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the Town shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any expressed or implied warranties or responsibility for faulty materials or equipment or workmanship. This warranty will have no time limit except those prescribed by law. Nothing in this subparagraph shall be construed to shorten any applicable statute of limitations or to limit any remedies available to the Town at law or in equity for any failure of the finished project to perform as intended due to any fault of the Contractor or its agents, employees, or subcontractors.

MARYLAND CONTRACTOR RESPONSIBILITY FORM

1. Summarize briefly your experience in providing the commodities or service outlined in the attached specifications:

2. List the name and address of one bank or other institution that can provide the Town with an adequate credit reference:

3. Attach a list of references demonstrating that the bidder has the required experience set forth in the Scope of Work.

4. Have you ever refused to sign a contract at your original bid price? Yes _____ No _____

5. Have you ever defaulted on a contract? Yes _____ No _____

Federal I.D. #

Name of Contractor:

Address:

Telephone #:

By: ____________________________________

Address: ____________________________________

Telephone #: ____________________________________

By: ____________________________________

Signature

Typed Name and Title

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS, that we, ____________________________________, a corporation duly authorized to do business in the State of Maryland, as Principal, and __________________, a corporation duly authorized to do business in the State of Maryland, as Surety, are held and firmly bound unto, Chesapeake Beach, hereinafter called the Obligee, in the sum of _________________________ Dollars ($_______.00), to be paid upon demand of the Obligee, for payment of which sum well and truly to be made, we bind ourselves, our administrators, receivers, trustees, successors and assigns, jointly and severally, firmly by these presents.

Whereas, the Principal has submitted to the Obligee a Bid for furnishing all labor, materials, equipment and incidentals thereto necessary for work generally described as:

Now therefore, the condition of this Bond is such that, if the Obligee shall accept the Bid of the Principal and the Principal shall enter into a written agreement with the Obligee in accordance with the terms, conditions and price(s) set forth therein, and furnish such insurance and give such bond or bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Agreement and for the prompt payment of labor and materials furnished in the prosecution thereof, then this obligation shall become null and void; otherwise, it shall remain in full force and effect; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements immediately pay to the Obligee, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

Provided, however, that the Surety shall not be liable to the Obligee on this bond for any amount in excess of the principal amount hereof.

This Bid Bond shall be governed by and construed in accordance with the laws of the State of Maryland and any reference herein to Principal or Surety in the singular shall include all entities that are signatories as Principal or Surety.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall in no way be impaired or affected by any extension of the time within which the Town may accept such proposal, and said Surety hereby waives notice of any such extension.

IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed this ______ day of __________________, 20___.

Principal

By _ _(Seal)

Official Title

Surety

By _ _(Seal)

By __________________________________

Attorney-in-Fact

By __________________________________

Maryland Agent

PAYMENT BOND

KNOW ALL PERSONS BY THESE PRESENTS, that on this ______ day of _____________, 20____, we _______________________________________ (“the Contractor”) as Principal, and ____________________________________________________ (Bonding Company) as Surety, are held and firmly bound unto Chesapeake Beach (“the Town”), in the penal sum of ________________________________________________ Dollars ($_______) for payment of which sum well and truly to be made, we bind ourselves, our officers, agents, , administrators, trustees, and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal entered a Contract (“the Contract”) with the Town dated ____________20___, concerning the ___________________________________ (“the Project").

NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make proper payment to all persons supplying labor, equipment and materials used in the prosecution of the work provided for in said Contract and the Project, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety being hereby waived, then this obligation will be void; otherwise it will remain in full force and effect.

Any modification made by agreement by and between Principal and Town in terms of the Contract or the nature or scope of the Project, or the giving to the Principal or its officers, agents, employees, successors or assigns any extension of time on the part of Principal to be performed or any forbearance on the part of the Town to Principal, its officers, employees, successors and assigns shall not in any way release Principal or Surety in this Bond

This Payment Bond will be held by the Town until the expiration of three (3) years after the date of final acceptance of the work under the Contract. or earlier upon receipt of a release of liens in a form satisfactory to the Town. There shall be no reduction or release of this Payment Bond until all claims by laborers and material suppliers have been paid and a release of claims has been provided to the Town.

Notice to the Surety shall be sufficient if sent by certified mail to the individual named below at the following address:

Name and Title

Address

Address

IN TESTIMONY WHEREOF, Principal has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its duly authorized officers and Surety has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its Attorney-in-Fact, duly authorized hereunto so to do, the day and year first above written.

Principal (Typed Name)

______________________________ _______________________________________ (SEAL)

Witness/Principal Principal

Witness/Surety Corporate Surety

By: ______________________________________ Attorney in Fact

Provide Name, Address, and telephone number of Branch Office or Resident agent to be contacted in the event action is required on the Bonds supplied, together with signature of Resident Agent.

Firm Name: _______________________________________________

Address: _________________________________________________

Telephone w/Area Code _____________________________________

Signature/Resident Agent: ___________________________________________

Date: ________________________ Registration No. _________________________

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS, that on this ______ day of _____________, 20____, we _______________________________________ (“the Contractor”) as Principal, and _____________________________________________________ (Bonding Company) as Surety, are held and firmly bound unto Chesapeake Beach (“the Town”), in the penal sum of _________________________________________________________ Dollars ($_______) for payment of which sum well and truly to be made, we bind ourselves, our officers, agents, administrators, trustees, and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal entered a Contract (“the Contract”) with the Town dated ___________ 20___, concerning the ___________________________________ (“the Project").

NOW, THEREFORE, the condition of this obligation is such that if the Contractor shall in all respects well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract and the Project during the term of said Contract and any extension thereof granted by the Town, and during the life of any guaranty required under the Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made and shall save harmless the Town from any expense incurred through the failure of the Principal, its agents and servants, to complete the work as required by the Contract, or any authorized modifications thereof, or from any damages growing out of negligence or other misconduct of the Principal, or its agents, servants, or employees then this obligation shall be null and void and otherwise to be and shall remain in full force and effect until the requirements of the Contract and the Project have been fully completed and approved or accepted by the Town.

Any modification made by agreement by and between Principal and Town in terms of the Contract or the nature or scope of the Project, or the giving to the Principal or its officers, agents, employees, successors or assigns any extension of time on the part of Principal to be performed or any forbearance on the part of the Town to Principal, its officers, employees, successors and assigns shall not in any way release Principal or Surety in this Bond

This Performance Bond will be held by the Town until the expiration of three (3) years after the date of final acceptance of the work under the Contract. Any reduction or release of this Performance Bond shall be in accordance with the terms of any applicable Public Works Agreement and in the discretion of the Town.

Notice to the Surety shall be sufficient if sent by certified mail to the individual named below at the following address:

Name and Title

Address

IN TESTIMONY WHEREOF, Principal has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its duly authorized officers and Surety has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its Attorney-in-Fact, duly authorized hereunto so to do, the day and year first above written.

Principal (Typed Name)

Witness/Principal Principal

Witness/Surety Corporate Surety

By: ______________________________________ Attorney in Fact

Provide Name, Address, and telephone number of Branch Office or Resident agent to be contacted in the event action is required on the Bonds supplied, together with signature of Resident Agent.

Firm Name: _______________________________________________

Address: _________________________________________________

Telephone w/Area Code _____________________________________

Signature/Resident Agent: ___________________________________________

Date: ________________________ Registration No. _________________________

EQUAL OPPORTUNITY EMPLOYER AND DRUG FREE WORKPLACE CERTIFICATION

I hereby affirm that this Company does not discriminate in any manner against any employee or applicant for employment because of age, race, national origin or ethnicity, sex, pregnancy, gender identity, or family status, age, religion, or disability, or any other class protected by law.

I hereby affirm that this…