REQUEST FOR PROPOSAL

BOARD OF COUNTY COMMISSIONERS

OF

CALVERT COUNTY

PRINCE FREDERICK, MARYLAND 20678

RFP 2027-002

EDWARD T. HALL AQUATIC CENTER

COMPETITION POOL RENEWAL

PROCUREMENT OFFICE

150 MAIN STREET, SUITE 443

PRINCE FREDERICK, MARYLAND 20678

Procurement@calvertcountymd.gov

410-535-1600, Extension 2766

DUE DATE/TIME: Friday, August 21, 2026 by 12:00 p.m. (Local Prevailing Time)

MANDATORY PRE-BID MEETING: August 4, 2026, at 2:30 pm at the Edward T. Hall Aquatic Center, in the front atrium. The Edward T. Hall Aquatic Center is located at 130 Auto Drive, Prince Frederick, MD 20678.

FINAL WRITTEN QUESTIONS SHALL BE DUE ON OR BEFORE Friday, August 7, 2026, BY 2:30 p.m. (LOCAL

PREVAILING TIME). ALL QUESTIONS SHALL BE SUBMITTED TO THE PROCUREMENT OFFICE AT

Procurement@calvertcountymd.gov.

CALVERT COUNTY GOVERNMENT

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

FROM: ________________________________

SEALED TECHNICAL PROPOSAL

TO BE DELIVERED TO AND OPENED BY:

ELECTRONIC COPY SHOULD BE SENT TO:

PROCUREMENT@CALVERTCOUNTYMD.GOV

PROPOSAL TITLE: ______________________________________________

PROPOSAL NUMBER: ____________________________________________

PROPOSAL DUE DATE AND TIME: __________________________________

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

FROM: ________________________________

SEALED PRICE PROPOSAL

TO BE DELIVERED TO AND OPENED BY:

ELECTRONIC COPY SHOULD BE SENT TO:

PROCUREMENT@CALVERTCOUNTYMD.GOV

PROPOSAL TITLE: ______________________________________________

PROPOSAL NUMBER: ____________________________________________

PROPOSAL DUE DATE AND TIME: __________________________________

Table of Contents

NOTICE TO CONTRACTORS 5

PRICE PROPOSAL 9

FORM 1. NAME AND SIGNATURE REQUIREMENTS FOR BID AND CONTRACTS 11

FORM 2. REFERENCES 12

GENERAL CONDITIONS OF BID AND CONTRACT 13

SPECIFICATIONS 28

FORM 3. SUBCONTRACTORS LIST 51

FORM 4. CONTRACTOR PERFORMANCE RECORD 52

FORM 5. PERSONNEL TRAINING AND CERTIFICATIONS 53

FORM 6. Materials, Products and Systems 55

FORM 7. ANTI-BRIBERY AFFIRMATION AND AFFIDAVIT OF QUALIFICATION TO BID 56

FORM 8. NON-COLLUSION CERTIFICATE 57

FORM 9. VENDOR CERTIFICATION OF INDEPENDENCE AND GOOD STANDING 58

FORM 10. BID BOND 59

SUBCONTRACTOR’S AND SUPPLIER’S PARTIAL RELEASE AND WAIVER OF LIEN 60

SUBCONTRACTOR’S AND SUPPLIER’S FINAL RELEASE AND WAIVER OF LIEN 62

LABOR AND MATERIALMEN’S BOND 64

PERFORMANCE BOND 65

AGREEMENT 66

NOTICE TO CONTRACTORS

Sealed bids shall be due on or before Friday, August 21, 2026 by 12:00 p.m. (Local Prevailing Time) for:

COMPETITION POOL RENEWAL

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

A virtual bid opening will be held on Friday, August 21, 2026 at 2:00 p.m. (Local Prevailing Time). The public may participate through Microsoft Teams as follows:

To Join on the Web: https://teams.microsoft.com/meet/257537912639466?p=Bgd2YcNuZvsjM5Yng1 Meeting ID: 257 537 912 639 466, Passcode: yc7Jj6kS

To Join by Phone: 1-872-216-2953, Phone Conference ID: 448 013 835#

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

Responses to this Request for Proposal (hereinafter, “RFP”) shall be submitted in two (2) SEALED ENVELOPES:

one envelope shall contain one (1) original and three (3) copies of the Contractor’s technical (Qualifications and Experience [Q&E]) proposal marked TECHNICAL PROPOSAL. The second envelope shall contain one (1) original and three (3) copies of the Contractor’s price proposal marked PRICE PROPOSAL. The technical proposal shall be accompanied by a brief transmittal letter, signed by an officer of the company authorized to bind the Contractor(s) to their proposal, with required affidavit(s) attached. The yellow labels provided with this RFP shall be affixed to the front of each envelope and marked according to the above. Each label shall be fully filled out and clearly marked as to which envelope contains the technical proposal and which one contains price information. The Board of County Commissioners of Calvert County, Maryland, noted hereinafter as Calvert County Government (or the officially authorized official), reserve the right to reject proposals improperly labeled. The envelopes shall also show the Contractor’s company name and address. (ANY TECHNICAL PROPOSAL WITH PRICE INFORMATION MAY BE

CONSIDERED NON-RESPONSIVE.)

The Contractor may submit their response as follows:

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

PROCUREMENT OFFICE

150 MAIN STREET

SUITE 443

2. Send electronically to:

Procurement@calvertcountymd.gov

Where proposals are sent by mail by any method to Calvert County Government’s Procurement Office, the Contractor shall be responsible for their delivery before the date and time set for the closing of bid acceptance.

If the delivery is delayed beyond the due date and hour set for the bid closing, bids shall not be accepted.

Proposals shall be submitted so they will be received in the office designated no later than the exact time set for receipt of proposals.

Acceptance of proposals by Calvert County Government employees other than employees of the Procurement Office or Mailroom shall not be deemed proper delivery. Where proposals are sent by mail to Calvert County Government’s Procurement Office, the Contractor shall be responsible for their delivery before the date and time set for the closing of proposal acceptance. If the delivery is delayed beyond the due date and hour set for receipt of proposals, proposals shall not be accepted.

If an emergency or unanticipated event interrupts normal Calvert County Government processes so that bids cannot be received at the Calvert County Government Procurement Office by the exact time specified in this RFP and urgent Calvert County Government requirements preclude amendment of the bid opening date, the time specified for receipt of bids shall be deemed to be extended to the same time of day specified in this RFP on the first work day on which normal Calvert County Government processes resume.

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

Proposals made on any form(s) other than the required form(s) included in this RFP shall not be considered.

Changes in the phraseology of the proposal, additional or limiting provisions shall render the proposal invalid and shall cause its rejection.

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

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

Unless otherwise specified, all proposals shall be binding for 160 calendar days following the date and hour set for receipt of proposals, unless extended by mutual consent of all parties.

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

Contractors are warned against unbalancing their price proposal as this will render them liable to rejection.

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

If the Contractor(s) to whom an award is made shall fail to execute the Contract hereto attached, and as herein provided, the award may be annulled and the Contract awarded to the next most responsible Contractor(s), and such Contractor(s) 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 proposals as its interests may require.

Contractors shall carefully examine all documentation. In case doubt shall arise as to the meaning or intent of anything comprised in the specifications, inquiry shall be made to the Procurement Office before a proposal is submitted. Written questions and inquiries shall be accepted from all Contractors. The Procurement Office shall be the sole point of contact for this solicitation unless otherwise instructed herein. Written requests for information related to this RFP shall be directed to the Procurement Office, by E-Mail: procurement@calvertcountymd.gov.

Unauthorized contact with other Calvert County Government staff regarding this RFP may result in the disqualification of the Contractor(s). Inquiries pertaining to this RFP shall give the RFP number, title, due date, and time. Written questions shall be due on or before Friday August 7, 2026, BY 2:30 p.m. Local Prevailing Time). It shall be the responsibility of all Contractors to ensure they have received any addenda and other documents issued. Any addenda issued shall become a part of the Contract Documents and shall be fully considered by all Contractors during formation of proposals. The submission of a proposal shall indicate the Contractors thoroughly understands the terms of all Contract Documents.

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

The submission of a bid on this work and service shall be considered as a representation that the Contractor(s) has carefully investigated all conditions which affect or may, at some future date, affect the performance of the work or services covered by the proposal, the entire area to be serviced as described in the specifications and other Contract documents, and that the Contractor(s) 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(s) 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.

Contractors should execute the following forms and provide required information and include as part of their bid.

Failure to do so may be cause for rejection of bid as nonresponsive.

1. Price Proposal

2. Form 1. Name and Signature Requirements

3. Form 2. Reference Checks

4. Form 3. Subcontractors and Suppliers List

5. Form 4. Contractor Performance Record

6. Form 5. Personnel Training and Certifications

7. Form 6. Materials, Products, and Systems 4. Contractor Performance Record

8. Form 7. Anti-Bribery Affirmation and Affidavit of Qualification to Bid

9. Form 8. Non-Collusion Certificate

10. Form 9. Vendor Certification of Independence and Good Standing

11. Form 10. Bid Bond

12. Addenda, if Applicable

13. Questions and Answers/Clarification, if Applicable

The results for this RFP shall be posted on Calvert County Government’s web site at https://www.calvertcountymd.gov/3963/FY-2027-Bid-Results

CONTRACTOR’S LEGAL BUSINESS NAME: ___________________________________________________________

AUTHORIZED SIGNATURE: _____________________________________________ DATE: __________________

RFP 2027-002

EDWARD T. HALL AQUATIC CENTER

PRICE PROPOSAL

TO THE BOARD OF COUNTY COMMISSIONERS OF CALVERT COUNTY: The undersigned agrees to furnish all labor, material, supervision, and equipment necessary for Edward T. Hall Aquatic Center Competition Pool Renewal as specified to the Board of County Commissioners of Calvert County in accordance with specifications and other documents herein and at the following price(s):

BASE BID

ITEM # DESCRIPTION OF PHASE OF WORK UNIT OF

MEASURE TOTAL BID

Pre-Construction Submittals Site Protection and Environmental Controls Documentation of Existing Conditions (Specifications Section 6A, 6B, and 6C)

Lump Sum $

2 Demolition and Existing Finish Removal (Specifications Section 6D) Lump Sum $

3 Substrate Inspection and Testing (Specifications Section 6E) Lump Sum $

4 Pool Shell and Concrete Repairs (Specifications Section 6F) Lump Sum $

5 Tile Racing Lines, Targets, and Other Submerged Tile (Specifications Section 6G) Lump Sum

6 Expansion and Movement Joints (Specifications Section 6H) Lump Sum $

7 Drains, Returns, Lights, Anchors, and other Embedded Fittings (Specifications Section 6I) Lump Sum $

8 Bond Coat and Traditional White Plaster Finish (Specifications Section 6J) Lump Sum $

9 Filling, Startup, and Water Balance (Specifications Section 6K) Lump Sum $

10 Quality Control, Inspection, Cleanup and Closeout (Specifications Section 6L and 6M) Lump Sum $

CONTRACTOR’S LEGAL BUSINESS NAME: ___________________________________________________________

AUTHORIZED SIGNATURE: _____________________________________________ DATE: __________________

ALTERNATES

(IF REQUIRED AND APPROVED BY CALVERT COUNTY GOVERNMENT)

ITEM # DESCRIPTION UNIT OF

MEASURE TOTAL

1 Commercial-Grade White Quartz Aggregate Finish (Specifications Section 6N) Lump Sum $

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

(10) business days after such notice.

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

Item 2 shall begin on/about September 15, 2026. The undersigned certifies that all work, the full 28-day startup support/review period, final inspection, punch-list correction, closeout, and turnover can be completed by October 20, 2026.

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

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

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

FORM 1. NAME AND SIGNATURE REQUIREMENTS FOR BID AND CONTRACTS

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

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

CONTRACTOR’S LEGAL BUSINESS NAME

TELEPHONE NUMBER

PRINCIPAL OFFICE ADDRESS

FAX NUMBER

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

EMAIL ADDRESS

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

SIGNATURE OF ABOVE PERSON DATE

WITNESS DATE

FORM 2. REFERENCES

List at least three (3) references for whom your company has provided the service as outlined in this Request for Proposal during the past 5-year period. At least one (1) of the three (3) references must be for a commercial project. Calvert County Government reserves the right to request additional information regarding past and current clients for whom the Contractor has provided the services requested in this RFP. Calvert County Government reserves the right to check all references furnished and consider the response(s) received in determining award of this Contract.

1. Company: _________________________________________________________ Address: _________________________________________________________ Contact Person: _________________________________________________________ Telephone: _________________________________________________________ Email: _________________________________________________________

2. Company: ________________________________________________________ Address: _________________________________________________________ Contact Person: _________________________________________________________ Telephone: _________________________________________________________ Email: _________________________________________________________

3. Company: _________________________________________________________ Address: _________________________________________________________ Contact Person: _________________________________________________________ Telephone: _________________________________________________________ Email: _________________________________________________________

Specify the number of years your company has been in business as a contractor providing the requested services:___________ (Shall be at least five [5] 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 firm that responds to this RFP 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 County Administrator or their designated representative entrusted by Calvert County Government with the authority to enter into, administer, renew, or terminate the Contract, along with related determinations and findings.

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

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

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

CONTRACT INTERPRETATION BY THE PROJECT MANAGER

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

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

In resolving conflict, error, or discrepancies within the Contract Documents, the Contract

Documents shall be given precedence in the following order (Change Orders, highest precedence and Notice to Contractors, lowest precedence):

Change Orders Addenda 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 shall be submitted with bids. Failure to comply may be cause for rejection of bids.

ALTERNATE BIDS

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

BRAND NAME OR EQUAL ITEMS

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

FORMAL SOLICITATION

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

NEW GOODS, FRESH STOCK

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

DEVIATIONS TO SPECIFICATIONS

Any deviations from the specifications shall be noted in detail by the Contractor in writing and submitted with the price proposal. Calvert County Government reserves the right to accept or reject any deviation.

PROHIBITION AGAINST UNIFORM PRICING

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

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.

BONDS

The Contractor shall be required to post Security for a Bid Bond in the amount of five percent (5%) of the Contract value. A Labor and Material Bond (Payment) and a Performance Bond are both required for this Contract, each in the amount of one hundred percent (100%) of the Contract value, and each posted to Calvert County Government in accordance with this Request for Proposal.

The types of security acceptable are:

1. Bonds in a form satisfactory to Calvert County Government underwritten by a security company authorized to do business in the State of Maryland. The Bonds shall contain the requirements set forth in the form hereto annexed. The Performance and Payment Bonds shall be executed with the same surety.

Whenever the surety or the bonds so furnished shall be deemed by Calvert County Government to be insufficient or unsatisfactory, the Contractor, within ten (10) calendar days after notice to that effect, shall furnish and deliver new bonds to

Calvert County Government in the same penalty and on the same conditions, with surety satisfactory to Calvert County Government, and this duty shall continue on the part of the Contractor, whenever and so often as Calvert County Government shall require new bonds with a satisfactory surety. If the Contractor shall fail to furnish such bonds within ten (10) calendar days after said notice is mailed to Contractor’s address, Calvert County Government through its proper agent may stop all further work under the Contract and re-let the unfinished work at the expense of the Contractor.

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

In addition, a Maintenance Bond in the amount of at least two percent ( 2%) of the Total Base Bid Price must be submitted upon completion of the Project and shall remain in force for two (2) full years from the date of acceptance. The Maintenance Bond shall be delivered to the Procurement Agent before the final payment is issued. Failure to do so shall delay final payment or Calvert County Government shall observe the right to keep the retainage in reserve.

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.

NON-DISCRIMINATION IN EMPLOYMENT

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

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.

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.

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.

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.

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 Contractor s shall submit an affidavit attesting to their self-insured coverage.

Certificate Holder, Additional Insured, and Contract Information

1. 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 150 Main Street, Suite 443 Prince Frederick, Maryland 20678

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

3. Additional insured shall be as pertains to general liability, automobile liability and professional liability.

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

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.

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.

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 the Contractor shall show some alternative injury insurance coverage, either through health insurance or employer`s liability coverage.

Builders Risk The Contractor shall carry, at his own expense, Builder’s Risk Insurance or its equivalent for the full contract amount against the perils of Fire, Lightning, Extended Coverage and Vandalism and Malicious Mischief, subject only to the minimum standard deductibles currently filed with the Insurance Service Office and the State Insurance Department. Calvert County Government shall provide no coverage during the construction period. The Board of County Commissioners of Calvert County, Maryland shall be named as an additional insured.

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.

WORK TO BE DONE AND MATERIALS TO BE FURNISHED

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

MAINTENANCE OF TRAFFIC

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

RESTORATION OF DISTURBED SURFACES

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

ACCIDENT PREVENTION

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

WORKMANSHIP

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

Any unsatisfactory materials furnished, or work performed, at whatever time discovered, shall be immediately removed and satisfactorily replaced by the Contractor when notified to do so by the Project Manager or duly authorized representative. If the Contractor neglects or refuses to remove such unsatisfactory work or material within forty-eight (48) hours after the receipt of the above-mentioned notice, or if the Contractor shall not make satisfactory progress in doing so, Calvert County Government may cause said work or material to be removed and satisfactorily replaced, by contract or otherwise, and the expense thereof shall be charged to the Contractor. Such expense shall be deducted from any monies due or to become due to the Contractor under the contract.

Upon completion of projects under this contract, the entire work shall be delivered to Calvert County government perfect and complete and in a satisfactory working condition.

EMPLOYMENT OF SKILLFUL PERSONNEL

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

CARE AND PROTECTION OF WORK

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

INJURY TO PROPERTY

In case any direct or indirect damage is done to public or private property, by or because of the work, or in consequence of any act or omission on the part of the Contractor, the Contractor’s employees or agents, the Contractor shall, at the Contractor’s own cost, restore such property to a condition similar or equal to that existing before such damage was done, by repairing, rebuilding, or otherwise, as may be required by the Project Manager or duly authorized representative or shall make good such damage in a satisfactory manner; and in case of failure on the part of the Contractor to promptly so restore such property, or make good such damage, the Project Manager or duly authorized representative may, upon forty-eight (48) hours’ written notice, proceed to repair, rebuild, or otherwise restore such property, as may be necessary, and the cost thereof shall be deducted from any monies due or to become due the Contractor under the Contract; or Calvert County Government may deduct, from any monies due the Contractor, a sum sufficient, in the judgment of the Project Manager or duly authorized representative, to reimburse the owners of the property so damaged.

SURVEYS, PERMITS, AND REGULATIONS

Unless otherwise expressly provided for during the course of this Contract, Calvert County Government shall furnish the Contractor all surveys, necessary for the execution of work. The Contractor shall comply with all laws, codes, ordinances, rules, orders, and regulations relating to the performance of the work, the protection of adjacent property, and the maintenance of passageways, guard fences, or other protective facilities.

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.

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.

STATUS OF CONTRACTOR AND SUBCONTRACTORS

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

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

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

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

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

2. Subcontractors shall not be recognized as having a direct relationship with Calvert County

Government. The persons engaged in the Work, including employees of subcontractors and suppliers, shall be considered employees of the Contractor and their work shall be subject to the provisions of the Contract. References in these Contract Documents to actions required of subcontractors, manufacturers, suppliers, or any person other than the Contractor or Calvert County Government shall be interpreted as requiring that the Contractor shall require such subcontractor, manufacturer, supplier, or person to perform the specified action.

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

Contractor shall be fully responsible to Calvert County Government for the performance, acts, and omissions of its subcontractors, and of persons directly or indirectly employed by them. Each subcontract shall expressly incorporate by reference the terms of this Contract, including the following provisions:

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

b. Each subcontractor shall be obligated to defend, indemnify, and hold Calvert County

Government harmless from all claims arising from the subcontractor’s portion of the Work in the same manner as Contractor.

c. Each subcontractor shall grant Calvert County Government a license to use its drawings and design materials.

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

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

COOPERATION AMONG SUBCONTRACTORS

Each subcontractor shall coordinate the work with adjacent work and cooperate with other trades so to facilitate general progress of work. Each trade shall afford other trades every reasonable opportunity for installation of work and for storage of materials. Each subcontractor shall thoroughly examine all existing and connecting work before starting work under its own trade section and shall report to the Contractor, any conditions which would impair the excellence of any work to be performed under this Contract. In absence of any such report each subcontractor, upon the beginning of their work, shall be considered as having accepted all preceding work, and as having waived all claims to the contrary.

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

DELIVERY AND POINT OF DESTINATION

1. Delivery of…