INVITATION TO BID

BOARD OF COUNTY COMMISSIONERS

OF

CALVERT COUNTY

PRINCE FREDERICK, MARYLAND 20678

ITB 2027-007

School Ballfield Mowing

PROCUREMENT OFFICE

150 MAIN STREET, SUITE 443

PRINCE FREDERICK, MARYLAND 20678

procurement@calvertcountymd.gov

410-535-1600, Extension 2766

DUE DATE/TIME: Wednesday, August 26, 2026 by 2:30 p.m. (Local Prevailing Time)

PRE-PROPOSAL/SITE MEETING: None.

FINAL WRITTEN QUESTIONS SHALL BE DUE ON OR BEFORE Wednesday, August 12, 2026 BY 2:30 P.M.

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

2:30 P.M. PROCUREMENT@CALVERTCOUNTYMD.GOV.

INVITATION TO BID

CALVERT COUNTY GOVERNMENT

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

From: __________________________

SEALED BID

TO BE DELIVERED AND OPENED BY:

PROCUREMENT OFFICE

150 MAIN STREET

SUITE 443

ELECTRONIC COPY SHOULD BE SENT TO:

PROCUREMENT@CALVERTCOUNTYMD.GOV

BID TITLE: ____________________________________________________

ITB NUMBER: _________________________________________________

BID DATE: ______________________ BID TIME: ___________________

Table of Contents

NOTICE TO CONTRACTORS 4

PRICE PROPOSAL 7

FORM 1. NAME AND SIGNATURE REQUIREMENTS FOR BID AND CONTRACTS 10

FORM 2. REFERENCES 11

GENERAL CONDITIONS OF BID AND CONTRACT 12

SPECIFICATIONS 24

FORM 3. NON-COLLUSION CERTIFICATE 32

FORM 4. ANTI-BRIBERY AFFIRMATION AND AFFIDAVIT OF QUALIFICATION TO BID

FORM 5. VENDOR CERTIFICATION OF INDEPENDENCE AND GOOD STANDING 34

FORM 6. CONTRACTOR PERFORMANCE RECORD 35

FORM 7. CONTRACTOR EQUIPMENT LIST 36

AGREEMENT 37

ATTACHMENT A – FACILITY AERIAL PHOTOGRAPHS 39

NOTICE TO CONTRACTORS

Sealed bids shall be due on or before Wednesday, August 26, 2026, by 2:30 p.m. (Local Prevailing Time) for:

A pre-bid meeting will not be held.

To be considered for award, a bid shall comply in all material respects with the Invitation to Bid (hereinafter, ITB).

Such compliance enables Contractors to stand on an equal footing and maintain the integrity of the sealed bidding system.

A virtual bid opening will be held on Wednesday, August 26, 2026, at 3:30 p.m. (Local Prevailing Time). The public may participate through Microsoft Teams as follows:

To Join on the Web:

https://teams.microsoft.com/meet/250759872070157?p=kSrYHSUMN6MLnUMV8d

Meeting ID: 250 759 872 070 157, Passcode: Sr7Fw2TB To Join by Phone: 1-872-216-2953, Phone Conference ID: 273 523 810#

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

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

The Contractor shall submit their response as follows:

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

PROCUREMENT OFFICE

150 MAIN STREET

SUITE 443

AND

2. Send electronically to:

Procurement@calvertcountymd.gov

Bidders are required to submit bids both in paper and electronically. Failure to submit bids using both paper and electronic are subject to rejection by Calvert County Government.

Where bids are sent 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.

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

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

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

Bids made on any form(s) other than the required form(s) included in this ITB shall not be considered. Changes in the phraseology of the proposal, additional or limiting provisions, shall render the proposal informal and may cause its rejection.

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

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

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

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

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

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

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

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

Written questions and inquiries shall be accepted from all Contractors. The Procurement Office shall be the sole point of contact for this solicitation unless otherwise instructed herein. Written requests for information related to this ITB shall be directed to the Procurement Office by E-Mail: procurement@calvertcountymd.gov. Unauthorized contact with other Calvert County Government staff regarding this ITB may result in the disqualification of the Contractor. Inquiries pertaining to this ITB shall give the ITB number, title, due date, and time. Written questions shall be received on or before Wednesday, August 12, 2026 by 2:30 p.m. (Local Prevailing Time). It shall be the responsibility of all Contractors to ensure they have received all addenda and other documents issued.

All addenda issued shall become a part of the Contract Documents and shall be fully considered by all Contractors during formation of Bids. The submission of a bid shall indicate the Contractor thoroughly understands the terms of all Contract Documents.

The submission of a bid on this work and service shall be considered as a representation that the Contractor has carefully investigated all conditions which affect or may, at some future date, affect the performance of the work or services covered by the proposal, the entire area to be serviced as described in the specifications and other Contract Documents, and that the Contractor is fully informed concerning the conditions to be encountered, character, quality and quantity of work to be performed, and equipment and materials to be furnished; also, that the Contractor is familiar with all Federal, State and County laws, all codes and ordinances of Calvert County Government to which affect the prosecution of the work and persons engaged or employed in the work or the materials and equipment used in the work.

Documents Required Upon Submission

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 of Proposal and Contract

3. Form 2. References

4. Form 3. Non-Collusion Certificate

5. Form 4. Anti-Bribery Affirmation and Affidavit of Qualification to Bid

6. Form 5. Vendor Certification of Independence and Good Standing

7. Form 6. Contractor Performance Record

8. Form 7. Contract Equipment List

9. Attachment A: Facilities Aerial Photographs

10. Addenda, if Applicable

11. Questions and Answers/Clarification, if Applicable

The results for this ITB shall be posted on Calvert County Government’s web site at:

http://www.calvertcountymd.gov/2508/FY-2027-Bid-Results

PRICE PROPOSAL

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

ITEM

LOCATION MOW DESIGNATION* UNIT PRICE

PER MOW

ESTIMATED

ANNUAL

MOWS

TOTAL

NORMAL

MOWING

SCHEDULE

(i.e. Time of Day for Mowing

Patuxent Elementary 35 Appeal Lane Lusby, Maryland 20657 and Appeal Elementary 1655 H.G. Trueman Road Lusby, Maryland 20657

Red Area $ 29 $

St. Leonard Elementary 5370 St. Leonard Road St. Leonard, Maryland 20685

Red Area $ 29 $

St. Leonard Elementary 5370 St. Leonard Road St. Leonard, Maryland 20685

Yellow Area $ 14 $

Southern Middle School 9615 H.G. Trueman Road Lusby, Maryland 20657

Red Area $ 29 $

Calvert Country School 1350 Dares Beach Road Prince Frederick, Maryland 20678

Red Area $ 29 $

CONTRACTOR’S LEGAL BUSINESS NAME: ______________________________________________________

AUTHORIZED SIGNATURE: ____________________________________________DATE: ________________

ITEM

LOCATION MOW

DESIGNATION*

UNIT PRICE

PER MOW

ESTIMATED

ANNUAL

MOWS

TOTAL

NORMAL MOWING

SCHEDULE

(i.e. Time of Day for Mowing

Plum Point Middle/Elementary 1245 Plum Point Road Huntingtown, Maryland 20639

Red Area $ 29 $

Plum Point Middle/Elementary 1245 Plum Point Road Huntingtown, Maryland 20639

Yellow Area $ 14 $

Windy Hill Middle/Elementary 9560 Boyd’s Turn Road Owings, Maryland 20736

Red Area $ 29 $

Windy Hill Middle/Elementary 9560 Boyd’s Turn Road Owings, Maryland 20736

Yellow Area $ 14 $

Mt. Harmony Elementary 4345 Huntingtown Road Huntingtown, Maryland 20639

Red Area $ 29 $

Mt. Harmony Elementary 4345 Huntingtown Road Huntingtown, Maryland 20639

Yellow Area $ 14 $

Northern Middle School 2954 Chaneyville Road Owings, Maryland 20736

Red Area $ 29 $

Northern Middle School 2954 Chaneyville Road Owings, Maryland 20736

Yellow Area $ 14 $

TOTAL BID BASED ON ESTIMATED QUANTITIES $

*Mow Designation is the color of the border outlining the area within the aerial photos within Attachment A.

CONTRACTOR’S LEGAL BUSINESS NAME: ______________________________________________________

AUTHORIZED SIGNATURE: ____________________________________________DATE: ________________

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

It is further agreed by the Undersigned that upon receipt of written advice of the acceptance of proposal, the necessary Contract shall be executed by the Contractor and returned to Calvert County Government within ten (10) business days after such notice.

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

The undersigned has caused this proposal to be executed as of the day and year indicated on each proposal page and hereby agrees to provide aforementioned services necessary for compliance with the Contract Documents and agrees to provide these for the price(s) indicated in this proposal form. By signing each proposal page, the Contractor does hereby attest they have fully read the ITB and understands it. All unit pricing shall include all costs including, but not limited to, labor, material, equipment, supervision, overhead, profit, travel, mileage, and vehicle fuel.

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

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

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 Invitation to Bid during the past three (3) year period. Calvert County Government reserves the right to request additional information regarding past and current clients for whom the Contractor has provided the services requested in this ITB. Calvert County Government reserves the right to check all references furnished and consider the response(s) received in determining award of this Contract.

1. Company: ________________________________________________________________

Address: ____________________________________________________________________________________ Contact Person: ____________________________________________________________ __________________

Telephone: __________________________________________________________________________________ E-Mail Address: _______________________________________________________________________________

Location of Work: _____________________________________________________________________________

2. Company: ________________________________________________________________

Address: ____________________________________________________________________________________ Contact Person: ____________________________________________________________ __________________

Telephone: __________________________________________________________________________________

3. Company: ________________________________________________________________

Address: ____________________________________________________________________________________ Contact Person: ____________________________________________________________ __________________

Telephone: __________________________________________________________________________________

Specify the number of years your company has been in business as a contractor providing the requested services:

_______________. (Shall be at least three [3] years.)

CONTRACTOR’S LEGAL BUSINESS NAME: ____________________________________________________

AUTHORIZED SIGNATURE: __________________________________________DATE: ________________

GENERAL CONDITIONS OF BID AND CONTRACT

1. DEFINITIONS

Wherever the words defined in this section or pronouns used in their stead, occur in the specifications, proposal, contract or bond, they shall have the meanings herein given and as defined:

BIDDER/OFFEROR/CONTRACTOR shall mean a firm that responds to this ITB with a bid.

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

CALVERT COUNTY or COUNTY shall mean Calvert County, Maryland.

CONTRACT DOCUMENTS shall mean those written documents that define the roles, and responsibilities, and work under the Contract, and are legally binding on the parties (Calvert County Government and the Contractor). The individual documents constituting the Contract Documents are as outlined herein under Contract Interpretation by the Project Manager.

CONTRACTING OFFICER shall mean the 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, Parks and Recreation Department, 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.

2. 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.

3. 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.

4. 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.

5. BRAND NAME OR EQUAL ITEMS

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

6. 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.

7. NEW GOODS, FRESH STOCK

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

8. 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.

9. 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.

10. 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.

11. WARRANTY AND SUPPORT

The Contractor shall warrant the products and services furnished during the course of this Contract to be of the highest quality, complying with the specifications, and free from all defects in materials and workmanship.

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

12. 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.

13. NON-DISCRIMINATION IN EMPLOYMENT

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

1. The Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, gender identity, sexual orientation, or disability (physical or mental), except where religion, sex, national origin, gender identity, sexual orientation, or disability (physical or mental), is a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.

2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the

Contractor, shall state that such Contractor is an equal opportunity employer. In addition to complying with the provision of Equal Opportunity, the Contractor shall, in good faith, cooperate with Calvert County Government in investigation of Equal Employment Opportunity (EEO) complaints, whether formal or informal.

3. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section.

4. The Contractor shall include the provisions above in every subcontract or purchase order so that the provisions shall be binding upon each subcontractor or vendor.

14. LAWS AND REGULATIONS.

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

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

15. 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.

1. Certificate Holder, Additional Insured, and Contract Information

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

Board of County Commissioners of Calvert County, Maryland Attention: Procurement Office 150 Main Street, Suite 443 Prince Frederick, Maryland 20678

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

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

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

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

3. Automobile Liability Insurance

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

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

4. Workers Compensation

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

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

16. 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.

17. WRITTEN NOTICE AND SERVICE THEREOF.

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

18. 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.

19. 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.

20. 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.

21. 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.

22. 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.

23. 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.

24. STATUS OF CONTRACTOR AND SUBCONTRACTORS

Subcontracting is prohibited under this contract.

25. COOPERATION AMONG SUBCONTRACTORS

Subcontracting is prohibited under this contract.

26. 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.

27. 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.

28. 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.

29. DELIVERY AND POINT OF DESTINATION

All materials or supplies shipped to Calvert County Government shall be shipped F.O.B. DESTINATION unless otherwise stated in the Contract. The Contractor or their representative shall be at the job site to receive deliveries when they arrive.

30. NON-LIABILITY

The Contractor shall not be liable in damages for delay in shipment or failure to deliver when such delay or failure is the result of fire, flood, strike, the transportation carrier, act of God, act of Government, act of an alien enemy or by any other circumstances which, in Calvert County Government's opinion, is unforeseeable and beyond the control of the Contractor. Under such circumstances, however, the Procurement Office may at their discretion, cancel the Contract.

31. BREACH OF CONTRACT

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

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

a. If the Contractor becomes insolvent.

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

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

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

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

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

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

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

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

32. OWNERSHIP OF DOCUMENTS

Any reports, specifications, or other documents prepared by the Contractor in the performance of its obligations under the resulting contract shall be the exclusive property of Calvert County Government, and all such materials shall be surrendered to Calvert County Government upon completion, termination, or cancellation of this Contract. The Contractor shall not use, willingly allow, or cause such materials to be used for any other purpose than performance of all Contractor’s obligations under the resulting Contract without the prior written consent of Calvert County Government. Documents and materials developed by the Contractor under the resulting contract shall be the property of Calvert County Government; however, the Contractor may retain file copies, which cannot be used without prior written consent of Calvert County Government. Calvert County Government agrees that the Contractor shall not be liable for any damages, loss, or injury resulting from future use of the provided documents for other than the project specified, when the Contractor is not the company of record.

33. PURCHASE ORDERS/INVOICES/PAYMENT TERMS

The Contractor shall be issued purchase orders for work to be performed. Payment shall be made after satisfactory completion of work, return of keys, and submittal of invoice(s). “Satisfactory completion” includes, but may not be limited to, final approval by the Project Manager or duly authorized representative and, if necessary, the Calvert County Government Building Inspector. Jobs requiring permits shall not be paid until final inspection has been obtained and proof of same provided to the Project Manager or duly authorized representative.

A. Invoices shall include:

B. Purchase order number;

C. Invoice number;

D. Detailed description of work performed;

E. Location and dates of work performed;

F. Contract pricing;

G. Payment terms; and

H. Remit to address.

I. Invoices shall be submitted to the issuing department or division as shown on purchase orders and sent to:

Calvert County Government Department of Parks & Recreation Courthouse, 150 Main Street Prince Frederick, MD 20678

NO SERVICE SHALL BEGIN NOR PRODUCTS/MATERIALS PURCHASED until receipt of a purchase order or other notification by Calvert County Government’s Procurement Officer or the appropriate Project Manager or duly authorized representative to proceed.

34. INCURRING COSTS

Calvert County Government shall not be liable for any costs incurred by the Contractor prior to the issuance of the contract.

35. COMPLETENESS

All information required by this ITB shall be supplied to constitute a proper bid. Calvert County Government shall not be responsible for the premature opening of bids if not properly addressed or identified.

36. NOTICE OF POLITICAL CONTRIBUTIONS

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

37. COOPERATIVE PURCHASES

1. Acceptance of this bid and submission of a proposal is an agreement to extend the same prices, terms, and conditions to other governmental agencies, and public or quasi-public agencies that receive government funds that require these commodities and/or services.

2. All purchase and payment transactions shall be made directly…