841345engCalvert.pdf

REQUEST FOR PROPOSAL

BOARD OF COUNTY COMMISSIONERS

OF

CALVERT COUNTY

PRINCE FREDERICK, MARYLAND 20678

RFP 2027-012

ON CALL ENGINEERING SERVICES

WATER, WASTEWATER, AND SOLID WASTE PROJECTS

PROCUREMENT OFFICE

150 MAIN STREET, SUITE 443

PRINCE FREDERICK, MARYLAND 20678

procurement@calvertcountymd.gov

410-535-1600, Extension 2766

DUE DATE: Tuesday, September 8, 2026, by 2:30 p.m. (Local Prevailing Time)

PRE-PROPOSAL MEETING: None.

WRITTEN QUESTIONS SHALL BE DUE ON OR BEFORE TUESDAY, AUGUST 25, 2026, BY 2:30 P.M.

(LOCAL PREVAILING TIME). ALL QUESTIONS SHALL BE SUBMITTED IN WRITING 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 BID

TO BE DELIVERED AND OPENED BY:

150 MAIN STREET

SUITE 443

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 BID

TO BE DELIVERED AND OPENED BY:

150 MAIN STREET

SUITE 443

ELECTRONIC COPY SHOULD BE SENT TO:

PROCUREMENT@CALVERTCOUNTYMD.GOV

PROPOSAL TITLE: ______________________________________________

PROPOSAL NUMBER: ____________________________________________

PROPOSAL DUE DATE AND TIME: __________________________________

Table of Contents

NOTICE TO CONTRACTORS

PRICE PROPOSAL

FORM 1. NAME AND SIGNATURE REQUIREMENTS FOR BID AND CONTRACT

FORM 2. CONTRACTOR REFERENCES

GENERAL TERMS AND CONDITIONS

SPECIFICATIONS

FORM 3. NON-COLLUSION CERTIFICATE

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

FORM 5. VENDOR CERTIFICATION OF INDEPENDENCE AND GOOD STANDING

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

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

FORM 6. SUBCONTRACTORS AND SUPPLIERS LIST

FORM 7. CONTRACTOR PERFORMANCE RECORD

AGREEMENT

NOTICE TO CONTRACTORS

Sealed proposals shall be due on or before Tuesday, September 8, 2026, by 2:30 p.m. (Local Prevailing Time) for acknowledgement of receipt only for:

WATER, WASTEWATER, AND SOLID WASTE PROJECTS

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 Tuesday, September 8, 2026 at 3:00 p.m. (Local Prevailing Time). The public may participate through Microsoft Teams as follows:

To Join on the Web:

https://teams.microsoft.com/meet/264573334038256?p=LmmczuSROgSLVJDo5f Meeting ID: 264 573 334 038 256, Passcode: 7iD6NG73

To Join by Phone: 1-872-216-2953, Phone Conference ID: 477 717 633#

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

AND

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, 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 Tuesday, August 25, 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. Technical Proposal which includes the required forms and documentation including but may not be limited to:

Contractor’s Technical Proposal Form 1. Name and Signature Requirements of Proposal and Contract Form 2. References Form 3. Non-Collusion Certificate Form 4. Anti-Bribery Affirmation Affidavit of Qualification to Respond Form 5. Vendor Certification of Independence and Good Standing Form 6. Subcontractors and Suppliers List Form 7. Contractor Performance Record Addenda Issued

Questions and Answers/Clarification Issued Subcontractor and Supplier Form

Acknowledgement of receipt only for this Request for Proposal shall be posted on Calvert County Government’s website at: https://www.calvertcountymd.gov/3963/FY-2027-Bid-Results

CONTRACTOR’S LEGAL BUSINESS NAME: ___________________________________________________

AUTHORIZED SIGNATURE: __________________________________________ DATE: ______________

RFP 2027-012

PRICE PROPOSAL

TO THE BOARD OF COUNTY COMMISSIONERS OF CALVERT COUNTY: The undersigned agrees to furnish all labor, material, supervision, and equipment necessary for ON CALL ENGINEERING SERVICES WATER, WASTEWATER, AND SOLID WASTE PROJECTS, 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):

ITEM

DESCRIPTION

UNIT OF

MEASURE ¹

UNIT

PRICE

EST.

ANNUAL

QUANTITY ²

TOTAL

1 Senior Project Manager Hours $ 210 $

2 Water/Wastewater Engineer Hours $ 530 $

3 Civil Engineer Hours $ 1,260 $

4 Mechanical Engineer Hours $ 60 $

5 Electrical Engineer Hours $ 310 $

6 Environmental Engineer Hours $ 300 $

7 Professional Land Surveyor Hours $ 20 $

8 Survey Crew (2 Man) Hours $ 90 $

9 CADD Operator Hours $ 640 $

10 Cost Estimator Hours $ 10 $

11 Clerical Hours $ 80 $

12 Plan Sheets (24” x 36”) Sheets $ 920 $

13 Report Photocopy (8 ½” x 11”) Sheets $ 8,600 $

14 Auto Mileage Miles $ 5,750 $

TOTAL BASED ON ESTIMATED ANNUAL QUANTITIES $

¹All hourly rates shall include overhead, multipliers, and fixed fee. Other expenses or subcontractors beyond those specifically identified in this RFP shall be authorized by the Project Manager.

²Estimated quantities are not guaranteed and are for bid comparison purposes only.

Verify math calculations. In the event of errors in computation, unit prices shall be the determining factor for the total.

CONTRACTOR’S LEGAL BUSINESS NAME: ___________________________________________________

AUTHORIZED SIGNATURE: __________________________________________ DATE: ______________

Calvert County Government reserves the right to make multiple awards in an effort to have full coverage in all of the various disciplines. This shall not be considered an exclusive contract for these services.

Calvert County Government reserves the right to separately, competitively bid these services for certain projects as necessary.

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

No proposer may withdraw his proposal within 160 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 this Request for Proposal and agrees to provide these services at the rates submitted on their proposal form.

By signing each proposal page, the Contractor(s) does hereby attest they have fully read the Request for Proposal and understand it.

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

By signing and submitting a proposal, your firm acknowledges and agrees it has read and understands the Request for Proposal documents and agrees to the Contract Terms and Conditions as contained herein.

FORM 1. NAME AND SIGNATURE REQUIREMENTS FOR BID AND CONTRACT

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 or 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. CONTRACTOR REFERENCES

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

1. Company: _________________________________________________________________ Address: _________________________________________________________________ Contact Person: _________________________________________________________________ Telephone: _________________________________________________________________ Email: _________________________________________________________________ Project: _________________________________________________________________ Project Value: _________________________________________________________________

2. Company: _________________________________________________________________ Address: _________________________________________________________________ Contact Person: _________________________________________________________________ Telephone: _________________________________________________________________ Email: _________________________________________________________________ Project: _________________________________________________________________ Project Value: _________________________________________________________________

3. Company: _________________________________________________________________ Address: _________________________________________________________________ Contact Person: _________________________________________________________________ Telephone: _________________________________________________________________ Email: _________________________________________________________________ Project: _________________________________________________________________ Project Value: _________________________________________________________________

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

GENERAL TERMS AND CONDITIONS

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(S)/OFFEROR(S)/CONTRACTOR(S) shall mean firms responding 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[s]). The individual documents constituting the Contract Documents are as outlined herein under Contract Interpretation by the Project Manager.

CONTRACTING OFFICER shall mean the Procurement Division Chief or their designated representative entrusted by Calvert County Government with the authority to enter into, administer, renew, or terminate the Contract, along with related determinations and findings.

DIRECTOR shall mean the Director, Calvert County Government’s Department of Public Works, and shall mean the principal or their duly authorized representatives; said agents acting severally within the scope of the particular duties entrusted to them.

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

Whenever the Contact 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(s) to the Project Manager with a Request for Information. The Project Manager shall respond to the Contractor(s) 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(s) in writing as to when a decision will be provided.

Work done by the Contractor(s) 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)’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 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.

PROPOSAL FORMS AND AFFIDAVITS

All proposals shall be submitted on forms provided in this RFP, properly signed in ink by a principal duly authorized to make contracts and submitted in sealed envelope as required under Notice to Contractors.

All required forms shall be submitted with technical proposals except for the price proposal which shall be in a separate sealed envelope. Failure to comply shall be cause for rejection of proposals.

ALTERNATE PROPOSALS

Alternate proposals shall only be considered when they are submitted separately and clearly marked and labeled ALTERNATE PROPOSAL. The alternate proposal shall only be considered if the Contractor’s primary proposal is the most responsive responsible proposal.

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.

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 formal technical proposal. Calvert County Government reserves the right to accept or reject any exception.

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 proposal, each Contractor(s) shall, by virtue of submitting a proposal, guarantee that the Contractor(s) has not been a party with other Contractors to an agreement to propose a fixed or uniform price. Violation of this implied guarantee shall render void the proposal of such Contractors. Any disclosure to or acquisition by a competitive Contractor, in advance of the receipt of the proposals, of the terms or conditions of the proposal submitted by another competitor shall render the entire proceedings void and shall require re-advertising the RFP.

AWARD OR REJECTION OF BIDS

Calvert County Government shall award the Contract to the most responsible bidder(s), 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(s) who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a Contractor(s) who investigation shows is not in position to perform the Contract.

In determining the “most responsible bidder(s)”, in addition to considering price, Calvert County Government shall consider:

1. The ability, capacity, and skill of the bidder(s) to perform the Contract or provide the services required;

2. Whether the bidder(s) 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(s);

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(s) 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.

INDEMNIFICATION

Nothing contained in the Contract shall be construed to constitute the Contractor(s) an agent of Calvert County Government. The Contractor(s) 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(s) or his officers, directors, agents, or employees, of the subcontractor or his officers, directors, agents or employees, if any, and the Contractor(s) 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(s) shall at his own expense, satisfy and discharge the same. Contractor(s) 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(s) agrees as follows:

1. The Contractor(s) 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(s). The Contractor(s) 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(s), in all solicitations or advertisements for employees placed by or on behalf of the Contractor(s), shall state that such Contractor(s) is an equal opportunity employer. In addition to complying with the provision of Equal Opportunity, the Contractor(s) 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(s) 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 Contractors shall submit an affidavit attesting to their self-insured coverage.

1. Certificate Holder, Additional Insured, and Contract Information A. The Board of County Commissioners of Calvert County, Maryland shall be named as certificate holder and as an additional insured for the duration of the Contract as follows:

Board of County Commissioners of Calvert County, Maryland Attention: Procurement Office 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 and shall be stated under Description on the certificate as: Board of County Commissioners of Calvert County, Maryland shall be named as additional insured 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. Workers Compensation During the life of this Contract, the Contractor shall procure and maintain Workers Compensation insurance, including Employers Liability Coverage in accordance with the statutes of the State of Maryland, covering all employees engaged in performance of the contract. If a Contractor is a sole proprietor or is a company that is not required to maintain workers compensation insurance coverage under the laws of the state of Maryland, that Contractor shall submit the Workers’ Compensation Commission Sole Proprietor’s Status indicating “I have not elected to become a covered employee” and provide proof of General Liability coverage.

4. 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.

5. Professional Liability

During the life of this Contact, the Contractor shall procure and maintain professional liability insurance coverage in the amount of one million ($1,000,000.00) dollars, with a minimum coverage of one million ($1,000,000.00) dollars per occurrence and one million ($1,000,000.00) dollars aggregate.

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

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

SUBLETTING OF CONTRACT OR ASSIGNMENT OF CONTRACT FUNDS

It is mutually understood and agreed that the Contractor(s) shall not assign, transfer, convey, sublet, or otherwise dispose of their contractual duties to any other person, company, or corporation without the previous written consent of Calvert County Government.

If the Contractor(s) desires to assign their right to payment of the Contract, the Contractor(s) shall immediately notify Calvert County Government, in writing, of such assignment of right to payment.

In no case shall such assignment of the Contract relieve the Contractor(s) from their obligations or change the terms of the Contract.

SUBCONTRACTING

Subcontractor(s), if any, must be identified in the Contractor’s proposal with a complete description of their role relative to the offeror. No services shall be subcontracted, either in whole or in part, except with the prior written consent of Calvert County Government.

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(s). Calvert County Government shall pay all reasonable costs incurred by the Contractor(s) up to the date of termination. However, in no event shall the Contractor(s) be paid an amount which exceeds the price proposed for the work performed. The Contractor(s) 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(s) 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(s) to fulfill the contractual obligations shall be considered just cause for termination of the Contract. The Contractor(s) shall be paid for work satisfactorily performed prior to termination, less any excess costs incurred by Calvert County Government in completing the Contractor(s)’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(s) 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(s) 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(s) 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

All equipment, materials, or supplies shipped to Calvert County Government shall be shipped F.O.B.

DESTINATION unless otherwise stated in the Contract. The Contractor(s) or their representative shall be at the job site to receive deliveries when they arrive.

NON-LIABILITY

The Contractor(s) 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(s). Under such circumstances, however, the Procurement Office may at their discretion, cancel the Contract.

BREACH OF CONTRACT

1. In the event the Contractor(s) shall fail to comply with any of the terms or conditions of the Contract Documents, the Project Manager shall notify the Contractor(s) 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(s) to remedy the same within said period, the Project Manager shall authorize the services to be procured from any available source, with the difference between the actual cost paid and the defaulting Contractor(s) to be deducted from any monies due the defaulting Contractor(s) or their surety.

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

A. If the Contractor(s) becomes insolvent.

B. If the Contractor(s) 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(s).

D. In the event the Contractor(s) fails to commence work in accordance with the specifications of this RFP.

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

F. If the Contractor(s) 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(s) 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)'s property, financial affairs, or business.

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

OWNERSHIP OF DOCUMENTS

Any reports, specifications, or other documents prepared by the Contractor(s) 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(s) shall not use, willingly allow, or cause such materials to be used for any other purpose than performance of all Contractor(s)’s obligations under the resulting Contract without the prior written consent of Calvert County Government. Documents and materials developed by the Contractor(s) under the resulting contract shall be the property of Calvert County Government; however, the Contractor(s) may retain file copies, which cannot be used without prior written consent of Calvert County Government. Calvert County Government agrees that the Contractor(s) 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(s) is not the company of record.

PAYMENT(S)

Payment(s) shall be made after satisfactory performance of work required during the course of the Contract, in accordance with all of the provisions thereof, and upon receipt of properly completed invoice. Calvert County Government reserves the right to withhold any or all payments or portions thereof for Contractor(s)’s failure to perform in accordance with the provisions of the Contract or any modifications thereto.

DISCLOSURE OF CONTENTS OF PROPOSALS AND BIDS

Subject to the exception for confidential information noted below, after an award, all proposals shall be open to public inspection, and at and after bid opening, the contents of a bid and any document submitted with the bid shall be open to public inspection.

However, Calvert County Government shall deny inspection of any part of a proposal or bid that contains confidential commercial or financial information or other commercial information for which denial is required pursuant to Title 4 of the General Provisions Article of the Maryland Annotated Code. IT SHALL BE THE RESPONSIBILITY OF THE BIDDER, OFFEROR, OR CONTRACTOR(S) TO

INVOKE THE PROTECTION OF THIS SECTION PRIOR TO OR UPON SUBMISSION OF THE DATA OR

OTHER MATERIALS AND SHALL IDENTIFY THE DATA OR OTHER MATERIALS TO BE PROTECTED

AND STATE THE REASONS WHY PROTECTION IS NECESSARY. Otherwise, Calvert County Government disclaims responsibility for disclosure of any such material in the public record.

If a Contract is awarded to a bidder, offeror, or Contractor as a result of the submission of restricted information, Calvert County Government shall have the right to duplicate, use or disclose the data to the extent consistent with Calvert County Government's need in the procurement process.

A bidder, offeror, or Contractor agrees to indemnify, protect and save harmless Calvert County Government, its officers, agents, and employees with respect to any claim, action, cost or judgment arising from exercising this disclosure restriction, including any reasonable attorney's fees and other costs incurred in defending the confidentiality of the material sought to be protected.

INCURRING COSTS

Calvert County Government shall not be liable for any costs incurred by the Contractor(s) prior to the issuance of the Contract.

COMPLETENESS

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

NOTICE OF POLITICAL CONTRIBUTIONS

The Contractor(s) 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(s) may be subject.

COOPERATIVE PURCHASES

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

2. All purchase and payment transactions shall be made directly between the

Contractor(s) and the requesting entity. Calvert County Government assumes no obligation on behalf of any other public entity.

ARITHMETICAL ERRORS

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

GENDER NEUTRAL CLAUSE

Wherever used herein, a pronoun in the masculine gender shall be considered as including the feminine gender unless the context clearly indicates otherwise.

SOVEREIGN IMMUNITY

By entering into this Contract, Calvert County Government and its “employees,” as defined in the Local Government Tort Claims Act, §§5-301, et seq. of the Courts and Judicial Proceedings Article, do not waive sovereign immunity, do not waive: any defenses; any limitations of liability as may be provided for by law; or any provision of the Local Government Tort Claims Act.

THIRD PARTY BENEFICIARY

It is specifically agreed between the parties executing this Contract that it is not intended by any of the provisions of this Contract to create in the public or any member thereof, third party beneficiary status in connection with the performance of the obligations herein without the written consent of Calvert County Government and notwithstanding its concurrence in or approval of the award of any contract or subcontract or the solicitation thereof in fulfilling the obligations of the Contract.

LIQUIDATED DAMAGES

In the event the Contractor shall fail to comply with any of the conditions herein provided and as covered by the Contract, Calvert County Government shall notify the Contractor of such failure or default and demand that the same be remedied within five (5) business days.

In the event the Contractor fails to cure the deficiency within the time period specified in Paragraph A above, Calvert County Government may obtain substitute performance from another source. The Contractor shall reimburse the County for all excess costs resulting from such substitute procurement, including the difference between the Contract price and the price paid to the substitute source. Recovery of excess costs shall be without prejudice to any other rights or remedies of the County and may be accomplished through withholding, set-off, or direct billing

NO INDIVIDUAL LIABILITY

No elected official, appointed official, employee, servant, agent, or law enforcement officer shall be held personally liable under this Contract and any extension or renewals thereof because of its enforcement or attempted enforcement provided they are acting within the course and scope of their employment or governmental duties and responsibilities.

SUFFICIENT APPROPRIATIONS

Calvert County Government's financial obligations, if any, under this Contract are contingent upon sufficient appropriations and authorization being made by Calvert County Government for the performance of this Contract. Calvert County Government's decision as to whether sufficient appropriations are available shall be accepted by the other party or parties to this Contract and shall be final.

SEVERABILITY

In the event any portion of this Contract is found to be unconstitutional, illegal, null, or void, by a court of competent jurisdiction, it is the intent of Calvert County Government to sever only the invalid portion or provision, and that the remainder of the Contract shall be enforceable and valid, unless deletion of the invalid portion would defeat the clear purpose of the Contract, or unless deletion of the valid portion would produce a result inconsistent with the purpose and intent of Calvert County Government in entering into this Contract.

ENTIRE AGREEMENT

The parties hereto agree that the above writing constitutes the entire Contract between them concerning this matter and that there are no understanding, promises, or arrangements binding either part hereto that have not been written herein. The parties further agree that this Contract can be amended only by written agreement signed by the parties hereto.

CHOICE OF LAW

This Contract shall be governed by the internal laws of Maryland, without giving effect to its choice of law provisions, and any action brought by or between the parties shall vest jurisdiction and venue exclusively in the Courts located in Calvert County, Maryland.

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