844640lobbyOcity.pdf

MAYOR & CITY COUNCIL OCEAN CITY, MARYLAND

PROCUREMENT DEPARTMENT

PROPOSAL DOCUMENT FOR

P01-27 – Northside Park Lobby Floor Replacement

PROPOSAL TIMELINE OF EVENTS

PRE-PROPOSAL MEETING:

TUESDAY, SEPTEMBER 15TH, 2026 – 10:00AM EST – NORTHSIDE

PARK – 200 125TH STREET, OCEAN CITY, MARYLAND 21842

LAST DAY FOR QUESTIONS:

TUESDAY, SEPTEMBER 29TH, 2026 – 4:00PM EST

ADDENDUM POSTING:

WEDNESDAY, SEPTEMBER 30TH, 2026 – CLOSE OF BUSINESS

PROPOSAL DUE DATE AND LOCATION:

THURSDAY, OCTOBER 15TH, 2026 – 4:00PM EST

Proposals shall be sent to Procurement Office, 214A 65th Street, Suite 4-119, Ocean City, Maryland, 21842

OPENING DATE, TIME, & LOCATION:

FRIDAY, OCTOBER 16TH, 2026 – 10:00AM EST

Sealed Proposals will be opened, read aloud, and then remanded back to staff for further review at the time and date above, in the Procurement Conference Room, located at 214A 65th Street, Suite 4- 119, Ocean City, Maryland 21842 and must note the name of the solicitation (P01-27 – NORTHSIDE PARK LOBBY FLOOR REPLACEMENT) on the outside of the package.

SECTION I: INTRODUCTION

1. PURPOSE

2. CLARIFICATION OF TERMS

3. QUESTIONS AND INQUIRIES

4. FILLING OUT PROPOSAL DOCUMENTS

5. SUBMISSION OF PROPOSAL DOCUMENTS

6. RECOGNITION OF PROPOSAL DOCUMENTS

7. ACCEPTANCE OR REJECTION OF PROPOSAL DOCUMENTS

8. NOTICE TO VENDOR

9. PRE-PROPOSAL MEETING

10. COMMUNICATION RESTRICTION

11. ISSUING OFFICER AND CONTACT

SECTION II: GENERAL INFORMATION

1. ECONOMY OF PROPOSAL DOCUMENTS

2. RESPONSIBILITIES OF THE VENDOR

3. PROPRIETARY INFORMATION OR TRADE SECRETS

4. OWNERSHIP OF MATERIALS

5. CONTRACT AWARD

6. AUDIT

7. NONPERFORMANCE

8. MODIFICATION OR WITHDRAWAL OF PROPOSAL DOCUMENTS

9. DEFAULT

10. COLLUSION/FINANCIAL BENEFIT

11. TAX EXEMPTION

12. EQUAL EMPLOYMENT OPPORTUNITY AND NON-DISCRIMINATION

13. STATUS OF VENDOR

14. APPLICABLE LAWS

15. SUSPENSION OR TERMINATION FOR CONVENIENCE

16. TERMINATION FOR CAUSE

17. ADDENDUM

18. INSURANCE REQUIREMENTS

19. ASSIGNMENTS

20. INDEMNIFICATION

21. CONTRACT CHANGES

22. AVAILABILITY OF FUNDING

23. FORCE MAJEURE

24. DEBRIEFING PROCESS

25. PROTESTS

26. FEDERAL TAX IDENTIFICATION NUMBER

27. PROPOSAL RESULTS

28. NEGOTIATIONS

29. PAYMENT

30. INVESTIGATION OF REFERENCES AND CONSIDERATION OF PAST PERFORMANCES

31. PROPOSALS ARE OFFERS

32. CONTINGENT PROPOSALS

33. REPRESENTATIONS AND WARRANTIES

34. CONFLICT OF INTEREST

35. NO THIRD-PARTY BENEFICIARIES

36. TIME IS OF THE ESSENCE

37. FOREIGN VENDOR

38. ATTACHMENTS

39. MERGER

40. ANTI-KICKBACK ACT OF 1986

40.1. PROHIBITS ANY PERSON FROM—

SECTION III: EVALUATION AND SELECTION PROCESS

1. EVALUATION

2. EVALUATION PROCESS

REFERENCES

INDIVIDUAL PRINCIPAL

VENDOR’S AFFIDAVIT OF QUALIFICATION TO PROPOSAL

NON-COLLUSIVE AFFIDAVIT

ADDENDA ACKNOWLEDGEMENT

NOTICE OF AWARD

CONTRACT

NORTHSIDE PARK LOBBY FLOOR REPLACEMENT

NOTICE TO PROCEED

FORM OF BID

SCOPE OF WORK (SOW) & SPECIAL CONDITIONS

SECTION I: INTRODUCTION

1. PURPOSE

1.1. The purpose of this Request for Proposal is for the Mayor & City Council Ocean City (“Town”) to Contract for NORTHSIDE PARK LOBBY FLOOR REPLACEMENT.

2. CLARIFICATION OF TERMS

2.1. Professional Vendors, Organizations, or Individuals that submit a Solicitation for Award of a Contract

(“Contract”) are referred to as Vendor (“Vendor”) in this Proposal Document. The Vendor that is Awarded the Contract is herein referred to as the (“Successful Vendor”).

3. QUESTIONS AND INQUIRIES

3.1. For information regarding Proposal Documents and Solicitation Requirements, please contact Matt Perry at mperry@oceancitymd.gov, or call (410) 723-6647 or Dawn Leonard at dleonard@oceancitymd.gov or call (410) 723-6643.

3.2. Copies of the Proposal Documents are available on the Town’s website.

(https://oceancitymd.gov/oc/procurement-bids/)

4. FILLING OUT PROPOSAL DOCUMENTS

4.1. Use only forms supplied by the Town.

4.2. Submit (1) unbound original, (1) bound copy, (1) Thumb Drive

4.3. Proposal Documents should be complied as follows: (1) Cover Letter, (2) Price Proposal, (3) References,

(4) Addendum Acknowledgement, (5) Individual Principal Document, (6) Vendor’s Affidavit of Qualification to Bid, (7) Non-Collusive Affidavit, (8) Signed Addenda (if necessary), (9) Vendor’s Completed Proposal Document, and (10) Technical Proposal.

4.4. All blanks on the Proposal Documents will need to be filled in electronically or manually in ink.

4.5. Where so indicated by the make-up of the Proposal Documents, sums will be expressed in both words and figures, and in the case of a discrepancy between the two, the amount written in words will govern.

4.6. Any interlineation, alteration, or erasure will be initialed by the signer of the Proposal Documents.

4.7. Each copy of the Proposal Documents will be signed by the person(s) legally authorized to bind the

Vendor to a Contract, using the legal name of the signer. Proposal Documents submitted by an agent will have a current Power of Attorney attached certifying the agent’s authority to bind the Vendor.

4.8. Vendor will supply all information and submittals required by the Proposal Documents to constitute a proper and responsible “Completed Proposal Document” package.

4.9. Any ambiguity in the Proposal Documents as a result of omission, error, lack of clarity or non-compliance by the Vendor with specifications, instructions, and/or all conditions of bidding will be construed in the light most favorable to the Town.

5. SUBMISSION OF PROPOSAL DOCUMENTS

5.1. All copies of the Proposal Documents and any other documents required to be submitted with the

Proposal Documents will be enclosed in a sealed envelope. The envelope will be addressed to the Town of Ocean City Procurement Department, Attn: Procurement Manager, 214 65th Street, Ocean City, Maryland 21842 and will be identified with the Work name P01-27 – NORTHSIDE PARK LOBBY FLOOR REPLACEMENT and the Vendor’s name and address. If the Proposal Documents are sent by mail, the sealed envelope will be enclosed in a separate mailing envelope with the notation “SEALED PROPOSAL DOCUMENTS ENCLOSED – P01-27 – NORTHSIDE PARK LOBBY FLOOR REPLACEMENT” on the face thereof.

5.2. Sealed Proposals Documents are due no later than THURSDAY, OCTOBER 15TH, 2026 AT 4:00PM EST. Documents shall be sent to Procurement Office, 214 65th Street, Ocean City, Maryland 21842, and must note the name of the Solicitation (P01-27 – NORTHSIDE PARK LOBBY FLOOR REPLACEMENT) on the outside of the package.

Completed Proposal Documents will be opened, read aloud into the public record, and then remanded to staff for further review on FRIDAY, OCTOBER 16TH, 2026 AT mailto:mperry@oceancitymd.gov mailto:dleonard@oceancitymd.gov https://oceancitymd.gov/oc/procurement-bids/

10:00AM EST. The Proposal Opening is located at 214 65th Street, Ocean City, Maryland, 21842 in the Procurement Conference Room.

5.3. Proposal Documents will be deposited at the designated location prior to the time and date for receipt of Proposal Documents as indicated in the Advertisement and this Request for Proposal, or any extension made by Addendum. Proposal Documents received after the time and date for receipt will be returned unopened.

5.4. Vendor will assume full responsibility for taking whatever measures necessary to ensure that the Proposal Documents reach the Town’s Office prior to the local time and date specified for receipt of Proposal Documents. The Town will NOT BE RESPONSIBLE for any Proposal Document delayed in the postal or other delivery service nor any late Proposal Document, Amendment, or Request for Withdrawal of Proposal Document, received after the Proposal Document submission date.

5.5. Vendors, or their authorized agent(s), are expected to fully inform themselves as to the conditions, requirements, and specifications before submitting Proposal Documents; failure to do so will be at the Vendor’s own risk.

5.6. A fully executed Affidavit of Qualification to Proposal will be attached to each Proposal Document.

5.7. MINORITY VENDORS ARE ENCOURAGED TO PARTICIPATE.

5.8. All Vendor submitted Proposal Documents will be valid for a minimum of one hundred eighty (180) days from the date of Proposal Document Opening. Vendors cannot withdraw their Proposal Documents one hundred eighty (180) days after the Proposal Recognition Date.

5.9. E-mail or faxed Proposal Documents will not be accepted.

6. RECOGNITION OF PROPOSAL DOCUMENTS

6.1. Proposal Documents received on time will be recognized by the Town by reading Vendor names into record.

6.2. The Contract will be Awarded or all Proposal Documents will be rejected within one hundred eighty (180) days from the date of the Proposal Document Opening.

7. ACCEPTANCE OR REJECTION OF PROPOSAL DOCUMENTS

7.1. Unless otherwise specified, the Contract will be Awarded to the most RESPONSIBLE and RESPONSIVE

Vendor complying with the provisions of the Proposal Documents, provided the Proposal is reasonable and it is in the best interest of the Town to accept it. The Town reserves the right to reject the Proposal Documents of any Vendor who has previously failed to perform properly in any way or complete on time Contracts of a similar nature; or a Proposal Document from a Vendor who, investigation shows, is not in a position to perform the Contract; or Proposal Documents from any person, Vendor, or corporation which is in arrears or in default to the Town for any debt or Contract.

7.2. Completed Proposal Documents from any Vendor debarred from doing business with the State of Maryland or the Federal Government will not be accepted.

7.3. Conditional or qualified Proposals will not be accepted.

7.4. In determining a Vendor’s RESPONSIBILITY, the Town may consider the following qualifications to determine best value:

7.4.1. Ability, capacity, and skill to provide the commodities or services required within the specified time, including future maintenance and service, and including current financial statement or other evidence of pecuniary resources and necessary facilities.

7.4.2. Character, integrity, reputation, experience and efficiency.

7.4.3. A minimum of Three (3) Years providing the goods/services described in this Proposal Document under the Vendor name that is submitting a Completed Proposal Document, with references to validate this requirement.

7.4.4. Quality of past performance on previous or existing Contracts, including a list of current and past Contracts and other evidence of performance ability.

7.4.5. Previous and existing compliance with laws and ordinances relating to Contracts with the Town and to the Vendor’s employment practices.

7.4.6. Evidence of adequate insurance to comply with Contract terms and conditions.

7.4.7. Statement of current work load and capacity to perform/provide the Goods and/or Services.

7.4.8. Explanation of methods to be used in fulfilling the Contract.

7.4.9. The Vendor, if requested, will be prepared to supply evidence of its qualifications, listed above, and its capacity to provide/perform the Goods and/or Services; such evidence to be supplied within a specified time and to the satisfaction of the Town.

7.5. In determining a Vendor’s RESPONSIVENESS, the Town will consider whether the Proposal Document conforms in all material respects to the Proposal Documents. The Town reserves the right to waive any irregularities that may be in its best interest to do so.

7.6. The Town will have the right to reject any and all Proposal Documents, where applicable to accept in whole or in part, to add or delete quantities, to waive any informalities or irregularities in the Proposal Document received, to reject a Proposal Document not accompanied by required Proposal security or other data required by the Proposal Documents, and to accept or reject any Proposal Document which deviates from specifications when in the best interest of the Town. Irrespective of any of the foregoing, the Town will have the right to award the Contract in its own best interests.

8. NOTICE TO VENDOR

8.1. Before a Vendor submits the Proposal Documents it will need to become fully informed as to the extent and character of the Service requirements and are expected to completely familiarize themselves with the requirements of this Proposal Document’s Scope of Work including examination of site, review of drawings, if included, and any Addenda. Failure to do so will not relieve the Vendor of the responsibility to fully perform in accordance therewith. No consideration will be granted for any alleged misunderstanding of the Services to be furnished or the work to be performed, it being understood that the submission of a Proposal Document is an Agreement with all of the items and conditions referred to herein.

8.2. The Successful Vendor will supply the names and addresses of major subcontractors when requested to do so by the Town.

9. PRE-PROPOSAL MEETING

9.1. A Pre-Proposal Meeting will be held on TUESDAY, SEPTEMBER 15TH, 2026 AT 10:00AM EST at the NORTHSIDE PARK COMMUNITY ROOM, LOCATED AT 200 125TH STREET, OCEAN CITY, MARYLAND 21842 for this Request for Proposal. The Last Day for Questions will be TUESDAY, SEPTEMBER 29TH, 2026 AT 4:00PM EST, for any Request(s) for Information concerning the Proposal Documents. The Addendum will be posted by close of business on WEDNESDAY, SEPTEMBER 30TH, 2026.

10. COMMUNICATION RESTRICTION

10.1. From the time of the Advertisement of this Solicitation until final Award is made to the Successful Vendor and such Award is announced, interested Vendors are not allowed or permitted to communicate about this Solicitation or Scope with any staff or official representatives of the Town, except for submission questions as instructed in this Document, or as provided by any existing work agreement(s). Potential Awardee(s) are restricted from making public statements or press releases about their selection as finalist or their potential Award. The Town reserves the right to reject any submittal of any Vendor who violates this restriction.

11. ISSUING OFFICER AND CONTACT

11.1. This Solicitation is being issued by the Town’s Procurement Department which is the only office authorized to change, modify, clarify, etc., the provisions of this Solicitation and to Award any Contract(s) resulting from the Solicitation.

11.2. Any Vendors who have unauthorized contact about this Solicitation with employees or officials of the Town or anyone having decision making authority regarding this Solicitation will result in disqualification from consideration under this procurement process.

11.3. The issuing officer and sole point of contact regarding this Solicitation is:

MATT PERRY | PROCUREMENT MANAGER | (410) 723-6647 | MPERRY@OCEANCITYMD.GOV

mailto:mperry@oceancitymd.gov

SECTION II: GENERAL INFORMATION

1. ECONOMY OF PROPOSAL DOCUMENTS

1.1. Proposal Documents will be prepared simply and economically, providing straightforward and concise description of the Vendor’s capabilities to satisfy the requirements of the Proposal Documents. Emphasis should be on completeness and clarity of content. Elaborate brochures and other representations beyond that sufficient to present a complete and effective Proposal Document are neither required nor desired.

2. RESPONSIBILITIES OF THE VENDOR

2.1. The Vendor will be responsible for the professional quality and technical accuracy of their advice and other Work furnished in the Proposal Documents. The Vendor will perform the Services with the degree of skill that is normally exercised by recognized professionals as the Standard of Care with respect to services of a similar nature.

2.2. Neither the Town’s review, approval or acceptance of, nor receipt of payment for any of the work/services required under the Awarded Contract will be construed to operate as a waiver of any rights under the Contract or any cause of action arising out of the performance of the Contract, and the Vendor will be liable to the Town in accordance with applicable law for all damages to the Town caused by the Vendor’s negligent performance of the Contract.

2.3. The rights of the Town provided for under the Awarded Contract are in addition to any rights and remedies provided by law.

3. PROPRIETARY INFORMATION OR TRADE SECRETS

3.1. The Vendor may invoke proprietary information or trade secret protection for submission of any data/material by (1) identifying the data/material in a written description, (2) clearly marking the data/material as proprietary, and (3) providing a written statement detailing the reasons why protection is necessary. The Town reserves the right to ask for additional clarification prior to establishing protection.

4. OWNERSHIP OF MATERIALS

4.1. Ownership of all material and documentation originated and prepared pursuant to the Proposal

Documents will belong exclusively to the Town and is subject to public inspection in accordance with the Freedom of Information Act. Trade secrets or proprietary information submitted by a Vendor in connection with a procurement transaction will not be subject to disclosure under the Freedom of Information Act. However, the Vendor must invoke the protections of this section and be in accordance with Section 3.1.

5. CONTRACT AWARD

5.1. A written Award by the Town to the Successful Vendor in the form of a Contract Document will result in a binding Contract. If the Successful Vendor fails or refuses to sign and deliver the Contract and the required insurance documentation, the Town will have the right to Award to the next highest scoring responsible and responsive Vendor. The Successful Vendor will be required to execute the Contract within fourteen (14) calendar days from the date on the Notice of Award letter. The Town will send the Contract with the Notice of Award letter.

5.2. Proposal Documents and Contracts issued by the Town will bind the Vendor to applicable conditions and requirements herein set forth, unless otherwise specified in the Proposal Documents, and are subject to all federal, state, and municipal laws, rules, regulations, and limitations.

5.3. Town personal property taxes (“Taxes”) must be on a current basis; if any such Taxes are delinquent, they must be paid before Award of Contract. Failure to pay will result in the Award of Contract to another Vendor.

5.4. The Town reserves the right to engage in individual discussions and interviews with those Vendor deemed fully qualified, responsible, suitable and professionally competent to provide the required work/services should the work/service size warrant it. Vendor will be encouraged to elaborate on their qualifications, performance data, and staff expertise. Proprietary information from competing Vendor(s) will not be disclosed to the public or to competitors.

5.5. The Town will enter into negotiations for best and final offers with one or more Vendor(s) based on Vendor’s Completed Proposal Documents and the Evaluation and Selection Process prior to Awarding any Contract, if the Town deems it necessary to make an Award. The Award of any Contract will solely be for the benefit of the Town.

6. AUDIT

6.1. The Successful Vendor agrees to retain all books, records, and other documents relative to the Awarded

Contract for five (5) years after final payment, or until audited. The Town, its authorized agents, and/or State auditors will have full access to and the right to examine any of said materials during said period.

7. NONPERFORMANCE

7.1. The Town reserves the right to inspect all operations and to withhold Services for any goods not performed or not performed in accordance with the specifications in this Proposal Document. Errors, omissions, or mistakes in performance will be corrected at no cost to the Town. Failure to do so will be cause for Cancelling the Contract. In addition, if deficiencies are not corrected in a timely manner, the Town may characterize the Successful Vendor as uncooperative, which may jeopardize future Solicitations.

8. MODIFICATION OR WITHDRAWAL OF PROPOSAL DOCUMENTS

8.1. A Proposal Document may not be modified, withdrawn, or cancelled by the Vendor during the stipulated time period following the time and date designated for the receipt of Proposal Documents, and each Vendor so agrees in submitting Proposal Documents.

9. DEFAULT

9.1. The Contract may be cancelled or annulled by the Town in whole or in part by written notice of default to the Successful Vendor upon non-performance, violation of Contract terms, delivery failure, bankruptcy or insolvency, any violation of state or local laws, or the making of an assignment for the benefit of creditors. An Award may then be made to the next most highly rated Vendor, or when time is of the essence, similar commodities and/or service may be purchased on the open market. In either event, the defaulting Vendor (or its surety) will be liable to the Town for cost to the Town in excess of the defaulted Contract price.

9.2. If the Vendor defaults under any of the Contract’s terms, the Town will give to the Vendor a written notice of the default (“Cure Notice”). The Vendor will have seven (7) days after receipt of the Cure Notice to cure the default. If the Vendor fails to cure the default within the time period, the Town may exercise those remedies granted under this Proposal Document or applicable law.

10. COLLUSION/FINANCIAL BENEFIT

10.1. The Vendor certifies that its Completed Proposal Document is made without any previous understanding, agreement, or connection with any Person, Vendor, or Corporation making a Proposal Document for the same work/services; without prior knowledge of competitive prices; and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action.

10.2. Upon signing the Proposal Document, Vendor certifies that no member of the governing body of the Town, or members of his/her immediate family, including spouse, parents or children, or any other officer or employee of the Town, or any member or employee of a Commission, Board, or Corporation controlled, or appointed by the Mayor or Council has received or has been promised, directly or indirectly, any financial benefit, related to this Proposal Document and subsequent Contract.

11. TAX EXEMPTION

11.1. The Town is exempt from Federal Excise Taxes, Maryland Sales and Use Taxes, and Transportation Taxes.

This exemption cannot be used by Vendor doing business with the Town. Vendors are responsible for State Sales Tax of real property furnished and installed or constructed for the Town.

12. EQUAL EMPLOYMENT OPPORTUNITY AND NON-DISCRIMINATION

12.1. All Vendors are subject to, and must comply with, the provisions of all applicable state and federal anti-discrimination laws. The Town encourages equal employment opportunity to businesses owned and controlled by minorities and women.

12.2. The Successful Vendor will not discriminate against any employee or applicant for employment or any member of the public because of race, color, creed, religion, national origin, sex, sexual preference, disability, marital status, age; or otherwise commit an unfair employment practice. Vendor further agrees that this nondiscriminatory agreement will be incorporated by the Vendor in all Contracts entered into with suppliers of commodities and services, contractors and subcontractors, and all labor organizations furnishing skilled, unskilled, and craft union skilled labor, or who may perform any such labor or services in connection with the Contract.

13. STATUS OF VENDOR

13.1. The Vendor will be responsible to the Town for acts and omissions of their employees, subcontractors, and their agents and employees, and other persons performing portions of the work/services under the Contract or other arrangement with the Vendor.

13.2. It is understood that the relationship of Vendor to the Town will be that of an “Independent Contractor.”

Nothing contained herein will be deemed or construed to (1) make the Vendor the agent, servant, or employee of the Town, or (2) create any partnership, joint venture, or other association between the Town and the Vendor.

14. APPLICABLE LAWS

14.1. Vendor will observe and comply with all applicable federal, state, and local laws and regulations in the performance of the Contract. The Contract will be construed and interpreted in accordance with the laws of the State of Maryland and all questions of performance hereunder will be determined in accordance with such laws.

15. SUSPENSION OR TERMINATION FOR CONVENIENCE

15.1. The Town will have the right, at any time by written notice, for its convenience, to suspend the Services for such time as may be determined by the Town to be necessary or desirable up to ninety (90) days, unless a longer time is agreed upon in writing by both parties; and thereafter, to require resumption of the whole or any part of the work/services without invalidating the provisions of the Contract.

15.2. The Town will have the right, at any time by written notice, for its convenience, to terminate the Services in whole or in part.

15.3. Any notice issued pursuant to Sections 15.1 and/or 15.2 will state the extent and effective date of such notice, except as otherwise directed, the Vendor will stop work/services on the date of receipt of the Notice of Termination or other date specified in the notice; place no further orders or subcontracts for materials, services, or facilities, except as necessary for the completion of such portion of the work/services not terminated.

15.4. The Vendor will not be paid on account of loss of anticipated profits or revenues or for work/services not completed prior to the date of termination of the Contract.

16. TERMINATION FOR CAUSE

16.1. Either party may terminate the Contract in the event the other party has materially breached or defaulted in the performance of any of its obligations hereunder, and such default has continued for thirty (30) days after written notice thereof was provided to the breaching party by the non-breaching party. Any termination will become effective at the end of such thirty (30) day period unless the breaching party has cured any such breach or default prior to the expiration of such period. If a party defaults under any of the Contract's terms, the non-defaulting party will give the defaulting party a written notice of the default. The defaulting party has ten (10) business days after receipt of this notice to cure the default. If the defaulting party fails to cure the default within this time period the non-defaulting party may exercise those remedies granted under the Contract or applicable law.

Notwithstanding the above, in the case of a failure to pay any amount due hereunder the period for cure of any such default following notice thereof will be ten (10) days and, unless payment is made within such period, the termination will become effective at the end of such period.

17. ADDENDUM

17.1. No oral statements of any person will modify or otherwise affect or interpret the meaning of the

Contract specifications, or the terms, conditions, or other portions of the Contract. All modifications and every request for any interpretation must be addressed to the Town of Ocean City’s Procurement Manager and to be given consideration, must be received by noon on the last day for questions.

17.2. Any and all interpretations, corrections, revisions, and amendments will be issued by the Procurement Manager to all holders of Proposal Documents in the form of written Addenda. Vendor are cautioned that any oral statements made by any Town employee that materially change any portion of the Proposal Documents will not be relied upon unless subsequently ratified by a formal written Amendment to the Proposal Document.

17.3. All Addenda will be issued so as to be received at least five (5) days prior to the time set for receipt of Proposal Documents, and will become part of the Contract and will be acknowledged in the Proposal Document form. Failure of any Vendor to receive any such Addenda will not relieve said Vendor from any obligation under the Proposal Document as submitted.

17.4. Vendor are cautioned to refrain from including in their Proposal Document any substitutions which are not confirmed by written Addenda. To find out whether the Town intends to issue an Amendment reflecting an oral statement made by any employee, contact the Town of Ocean City’s Procurement Manager during normal business hours.

17.5. The Town of Ocean City’s Procurement Manager reserves the right to postpone the Proposal Document recognition for any major changes occurring in the 5-day interim which would otherwise necessitate an Addendum.

18. INSURANCE REQUIREMENTS

18.1. Unless otherwise required by Special Conditions for this Agreement, the Vendor will be required to purchase and maintain during the life of the Agreement the following types and amounts of insurance (minimum).

18.1.1. Commercial General Liability: $1,000,000 (One million dollars) per occurrence $5,000,000 (Five million dollars) aggregate for bodily injury and property damage.

18.1.2. Professional Liability: $2,000,000 (Two million dollars) per claim.

18.1.3. Commercial Automobile: $1,000,000 (One million dollars) combined single limit per accident for bodily injury and property damage. Including hired, non-ownership coverage and owned vehicle coverage if company owns a vehicle.

18.1.4. As mandated by the Code of the State of Maryland and Employer’s Liability the Vendor will be required to provide Worker’s Compensation Insurance.

18.2. The Vendor will provide the Town with certificates of insurance evidencing the coverage required above. Such certificates will provide that the Town be given at least thirty (30) days prior written notice of cancellation of, intention to not renew, or material change in such coverage. Vendor will provide certificates of insurance before commencing Work in conjunction with this Agreement.

18.3. Failure to provide and continue in force such insurance as required above, will be deemed a material breach of the Agreement, will cause the Vendor to be in DEFAULT, and will operate as an immediate termination thereof. The Town reserves the right to require higher limits on any Agreement. A thirty (30) day notice in writing of cancellation or non-renewal will be furnished by certified mail to the Procurement Manager at the address listed in Solicitation. The Vendor agrees to be responsible for, indemnify, defend and hold harmless the Town, its officers, agents, and employees from the payment of all sums of money by reason of any claim against them arising out of any and all occurrences resulting in bodily or mental injury or property damage that may happen in connection with the Goods and/or Services performed under this Agreement including, but not limited to, claims under the Worker’s Compensation Act.

18.3.1. ON THE COMMERCIAL GENERAL LIABILITY POLICY, THE TOWN MUST BE NAMED AS ADDITIONAL

INSURED AND THE INSURANCE CERTIFICATE FURNISHED TO THE TOWN WILL INDICATE SUCH

COVERAGE.

18.3.2. THE PROVIDING OF ANY INSURANCE REQUIRED HEREIN DOES NOT RELIEVE THE VENDOR OF ANY OF THE RESPONSIBILITIES OR OBLIGATIONS ASSUMED BY THE VENDOR IN THIS AGREEMENT, OR FOR

WHICH THE VENDOR MAY BE LIABLE BY LAW OR OTHERWISE.

19. ASSIGNMENTS

19.1. Neither the Successful Vendor nor the Town will sell, transfer, assign, or otherwise dispose of the

Contract or any portion thereof, or of its right, title, or interest therein, or its obligations thereunder, without the written consent of the other party.

20. INDEMNIFICATION

20.1. The Successful Vendor will indemnify and hold harmless the Town and their agents and employees from and against all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the performance of the work/services provided that any such claims, damage, loss, or expense is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property including the loss of use resulting therefrom; and caused in whole or in part by any negligent or willful act or omission of the Successful Vendor, and subcontractor or, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation will not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the Successful Vendor or any subcontractor or under workmen's compensation acts, disability benefit acts or other employee benefits acts.

21. CONTRACT CHANGES

21.1. NO CLAIMS may be made by anyone that the Scope of the Project or that the Vendor’s Goods and/or

Services have been changed (requiring changes to the amount of compensation to the Vendor or other adjustments to the Contract) UNLESS such changes or adjustments have been made by an approved WRITTEN AMENDMENT (Change Order) to the Contract signed by the City Manager (and the Town Council, if required), prior to additional Goods and/or Services being initiated. Extra Goods and/or Services performed without prior, approved, written authority will be considered as unauthorized and at the expense of the Vendor.

21.2. NO ORAL conversations, agreements, discussions, or suggestions, which involve changes to the Scope of the Contract, made by anyone including any Town employee, will be honored or valid. No written agreements or changes to the scope of the Contract made by anyone other than the Procurement Manager (with Town Council approval, if required) will be honored or valid.

21.3. If any Change Order in the Goods and/or Services results in a reduction in the Goods and/or Services, the Vendor will neither have, nor assert any claim for, nor be entitled to any additional compensation for damages or for loss of anticipated profits on Goods and/or Services that are eliminated.

22. AVAILABILITY OF FUNDING

22.1. Any resulting Agreement, Contract, or issuance of Purchase Orders is contingent upon the availability of funding and allocation of Town funds. The Town may cancel any Agreement, Contract, or Purchase Order immediately, by giving written notice to the Successful Vendor, in the case of a reduction or elimination of funds or funding for any project, commodity or service.

23. FORCE MAJEURE

23.1. Neither party will be liable for delays, or defaults in the performance of this Contract due to Acts of God or the public enemy, riots, strikes, fires, explosions, accidents, governmental action of any kind or any other causes of a similar character beyond its control and without its fault or negligence.

24. DEBRIEFING PROCESS

24.1. Non-Successful Vendor, upon request and that responded to an Invitation to BID or a Request for

Proposal, will be provided a Vendor debriefing regarding the reasons that the Proposal or BID submitted by the Non-Successful Vendor was not Awarded the Solicitation. The debriefing may occur five (5) business days after the Vendor request but prior to contract signatures.

24.2. The Procurement Department will hold one debriefing meeting with all Vendors who requested such.

25. PROTESTS

25.1. To ensure fairness to all Vendor and to promote open competition, the Town will actively follow-up and be consistent in responding to a Vendor’s protest concerning Contract Awards.

25.1.1. The Vendor will submit to the Procurement Manager a written request for a protest meeting which will be received by the Procurement Department within fourteen (14) consecutive calendar days from the date of the Contract Award. The Vendor’s letter will contain specific reasons and any supporting documentation for the reasons, describing why they have a concern with the Award. If the letter does not contain this information, or if the Procurement Manager determines that a meeting would serve no useful purpose, then the Procurement Manager may, within ten (10) consecutive calendar days from the date of receipt of the letter, respond in writing to the Vendor and refuse the protest meeting request. Otherwise, the Procurement Manager must notify the protesting Vendor within the 10-calendar day period that a protest meeting will be scheduled.

25.1.2. If the protest meeting is granted, the Procurement Manager will attempt to schedule the meeting within ten (10) consecutive calendar days after receipt of the letter, or as soon as possible thereafter. Within ten (10) consecutive calendar days from the date of the protest meeting, the Procurement Manager will respond to the Vendor in writing with the decision.

26. FEDERAL TAX IDENTIFICATION NUMBER

26.1. All Vendors must furnish upon request a federal tax identification number to the Town. Failure to provide this information could result in invoice payments being withheld.

27. PROPOSAL RESULTS

27.1. Only Vendors who receive Awards will be notified of Proposal results; Non-Successful Vendors will not be notified. Non-Successful Vendors can visit the Town’s website to see whom Solicitations were Awarded to.

28. NEGOTIATIONS

28.1. The Town may commence negotiations with the highest ranked Vendor or commence simultaneous negotiations with all eligible Vendors. The Town may negotiate:

28.1.1. The statement of work;

28.1.2. The Contract price as it is affected by negotiating the statement of work; and

28.1.3. Any other terms and conditions determined by the Town in its sole discretion to be reasonably related to those expressly authorized for negotiation.

28.1.4. Terms and conditions within the sample Contract that are unrelated to the statement of work or

Contract price may be negotiated after Award, but before legal review or execution of the Contract.

If a successful Contract cannot be negotiated in a timely manner after Award, the Town may conclude Contract negotiations and rescind its Award to that Vendor and return to the most recent Proposal Document stage to negotiate with another Vendor for Award.

29. PAYMENT

29.1. Solicitations which require payment in less than 30 days after receipt of invoice or delivery of goods, whichever is later, may be rejected.

30. INVESTIGATION OF REFERENCES AND CONSIDERATION OF PAST PERFORMANCES

30.1. The Town reserves the right to investigate the references and the past performance of any Vendor, including but not limited to the Vendor’s performance of similar services, compliance with specifications and contractual obligations, and its lawful payment of suppliers, sub-contractors, and workers, and Vendor so agrees to the aforementioned by listing references. The Town may postpone the Award or execution of the Contract after the announcement of the apparent Successful Vendor in order to complete its investigation and may take the results of its investigation into account when conducting evaluations. The Town reserves the right to reject any Completed Proposal Document or to reject all Completed Proposal Documents at any time prior to the Town’s execution of Contract if it is determined to be in the best interest of the Town to do so.

31. PROPOSAL ARE OFFERS

31.1. The Proposal is the Vendor’s offer to enter into a Contract pursuant to the terms and conditions specified in the Request for Proposal, its Exhibits, and Addenda. The offer is binding on the Vendor for one hundred eighty hundred (180) days. The Town’s Award of the Contract constitutes acceptance of the offer and binds the Vendor. The Vendor must be a complete offer and fully Responsive to the Request for Proposal.

32. CONTINGENT PROPOSALS

32.1. Vendor will not make its Completed Proposal Document contingent upon the Town’s acceptance of specifications or Contract terms that conflict with or are in addition to those in the Invitation for Proposal, its Exhibits, or Addenda.

33. REPRESENTATIONS AND WARRANTIES

33.1. Vendor represents and warrants that (1) Vendor has the power and authority to enter into and perform this Contract; (2) The individual signing for Vendor is authorized to execute this Contract on behalf of Vendor; (3) The Contract, when executed and delivered, will be a valid and binding obligation of Vendor, enforceable in accordance with its terms; (4) The work under the Contract will be performed in a good and workmanlike manner and in accordance with the highest professional standards; (5) Vendor will, at all times during the term of the Contract, be qualified, professionally competent, and duly licensed to perform the work; and (6) Vendor’s name, as it appears in the Contract, is Vendor’s legal name, as it will appear in the Vendor’s W-9, and if Vendor is an entity rather than an individual that the entity named in the Contract is validly existing and in good standing. The warranties set forth in this Section are in addition to, and not in lieu of, any other warranties provided.

34. CONFLICT OF INTEREST

34.1. Vendor covenants that it presently has no interest and will not acquire any interest, direct or indirect, which would conflict in any manner with or prohibit Vendor’s full performance of the Contract. Vendor also covenants that in the performance of the Contract no person having any such interest will be employed. Vendor further covenants that its performance of the Contract will not cause any employee of the Town to violate the Town’s Conflict of Interest Policy.

35. NO THIRD-PARTY BENEFICIARIES

35.1. The Town and Vendor are the only parties to the Contract and are the only parties entitled to enforce its terms. Nothing in the Contract gives, is intended to give, or will be construed to give any benefit or right, whether directly or indirectly, to third persons unless such persons are individually identified by name and expressly described in the Contract as intended beneficiaries.

36. TIME IS OF THE ESSENCE

36.1. Vendor agrees that time is of the essence under the Contract.

37. FOREIGN VENDOR

37.1. If Vendor is not domiciled or registered to do business in the State of Maryland, Vendor will demonstrate its legal capacity to perform these services in the State of Maryland prior to entering into a Contract.

38. ATTACHMENTS

38.1. All Attachments, Addenda, Schedules and Exhibits which are referred to in the Contract are incorporated in the Contract.

39. MERGER

39.1. THIS CONTRACT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES. THERE ARE NO

UNDERSTANDINGS, AGREEMENTS, OR REPRESENTATIONS, ORAL OR WRITTEN, NOT SPECIFIED IN THE CONTRACT REGARDING THE CONTRACT. NO AMENDMENT, CONSENT, OR WAIVER OF TERMS OF THE CONTRACT WILL BIND EITHER PARTY UNLESS IN WRITING AND SIGNED BY ALL PARTIES. ANY SUCH AMENDMENT, CONSENT, OR WAIVER WILL BE EFFECTIVE ONLY IN THE SPECIFIC INSTANCE AND FOR THE SPECIFIC PURPOSE GIVEN. VENDOR, BY THE SIGNATURE TO THIS CONTRACT OF ITS AUTHORIZED

REPRESENTATIVE, ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE CONTRACT AND VENDOR

AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS.

40. ANTI-KICKBACK ACT OF 1986

40.1. Prohibits any person from—

40.1.1. Providing, attempting to provide, or offering to provide any kickback;

40.1.2. Soliciting, accepting, or attempting to accept any kickbacks; or

40.1.3. Including, directly or indirectly, the amount of any kickback in the Contract price charged by a subcontractor to a prime contractor or a higher tier subcontractor or in the Contract price charged by a prime contractor to the United States.

40.2. The Anti-Kickback Act of 1986 as referenced in FAR 52.203-7 is hereby incorporated into this Solicitation as a condition of acceptance. If you have reasonable grounds to believe that a violation, as described in paragraph (b) of FAR 52.203-7, may have occurred, you should report this suspected violation to the Town’s City Manager. You may report a suspected violation anonymously.

40.3. The Successful Vendor will within fourteen (14) days after the receipt of the Notice to Award furnish the Town with a Performance Bond and Payment Bond in penal sums equal to the amount of the Contract Price, conditioned upon the performance by the Successful Vendor of all undertakings, covenants, terms, conditions and agreements of the Proposal Documents, and upon the prompt payment by the Successful Vendor to all persons supplying labor and materials in the prosecution of the Work provided by the BID Document. Such Bonds will be executed by the Successful Vendor and corporate bonding company licensed to transact such business in the state in which the Work is to be performed and named on the current list of "Surety Companies Acceptable on Federal Bonds" as published in the Circular Number 570.

The expense of these Bonds will be borne by the Successful Vendor. If at any time a surety on any such Bond is declared a bankrupt or loses its right to do business in the State of Maryland OR IS REMOVED FROM THE LIST OF SURETY COMPANIES ACCEPTED ON FEDERAL BONDS, Successful Vendor will within ten (10) days after notice from the Town TO DO SO, SUBSTITUTE AN ACCEPTABLE Bond(s) in such form and sum and signed by such other surety or sureties as may be satisfactory to the Town.

END OF SECTION

SECTION III: EVALUATION AND SELECTION PROCESS

1. EVALUATION

1.1. All Vendors are advised that in the event of a receipt of adequate number of Proposal Documents which, in the opinion of the Town, require no clarification and/or supplementary information, such Proposal Documents may be evaluated without discussion. Hence, Proposal Documents should be initially submitted on the most complete and favorable terms which Vendors are capable of offering the Town.

Evaluation Criteria may include, but will not be limited to:

2. EVALUATION PROCESS

2.1. Evaluation Committee. Completed Proposal Documents submitted will be evaluated by a committee composed of subject matter experts to determine the lowest cost but most responsive and responsible vendor.

THIS AND PREVIOUS SECTIONS DO NOT NEED TO BE RETURNED WITH SUBMITTAL.

REFERENCES

List five (5) references for similar Services successfully completed within the last three years.

Include contact name, address, telephone number and Services consumed.

Company Name: Company Name:

Type of Work: Type of Work:

Address: Address:

Town, State, Zip Code: Town, State, Zip Code:

Contact Person: Contact Person:

Telephone Number: Telephone Number:

Date of Service: Date of Service:

Company Name: Company Name:

Type of Work: Type of Work:

Address: Address:

Town, State, Zip Code: Town, State, Zip Code:

Contact Person: Contact Person:

Telephone Number: Telephone Number:

Date of Service: Date of Service:

Company Name:

Type of Work:

Address:

Town, State, Zip Code:

Contact Person:

Telephone Number:

Date of Service:

Sign for Identification Printed Name

INDIVIDUAL PRINCIPAL

Vendor Name: ______________________________________

Signed By: _____________________________ In the presence of: _________________________

Address of Vendor: ____________________________ Town, State, Zip ________________________

Telephone No.: ______________________________ Fax: _______________________________

CO-PARTNERSHIP PRINCIPAL

Name of Co-Partnership: ____________________________

Address: __________________________________ Town, State, Zip _________________________

Telephone No.: _______________________________ Fax: ______________________________

Signed By: ______________________________ In the presence of: ________________________ Partner Witness

Signed By: ______________________________ In the presence of: ________________________ Partner Witness

Signed By: ______________________________ In the presence of: ________________________ Partner Witness

CORPORATE PRINCIPAL

Name of Corporation: _______________________________

Address: _________________________________ Town, State, Zip __________________________

Telephone No.: ____________________________ Fax: __________________________________

Signed By: ______________________________ In the presence of: ________________________ President Witness

Attest: ___________________________________ Corporate Secretary Affix Corporate Seal

VENDOR’S AFFIDAVIT OF QUALIFICATION TO PROPOSAL

I HEREBY AFFIRM THAT:

I, __________________________________ am the _____________________________ (Printed Name) (title) and the duly authorized representative of the Vendor of:

________________________________________ whose address is:

(name of corporation)

(Street Address/PO Box)

(City, State, Zip) and that I possess the legal authority to make this affidavit on behalf of myself and the Vendor for which I am acting.

Except as described in paragraph 3 below, neither I nor the above Vendor, nor to the best of my knowledge any of its officers, directors or partners, or any of its employees directly involved in obtaining Contracts with the State or any county, bi-county or multi-county agency, or subdivision of the State have been convicted of, or have pleaded nolo-contendere to a charge of, or have during the course of an official investigation or other proceeding admitted in writing or under oath acts or omissions which constitute bribery, attempted bribery, or conspiracy to bribe under the provisions of Article 27 of the Annotated Code of Maryland or under the laws of any state or federal government (conduct prior to July 1, 1977 is not required to be reported).

(State “none” or, as appropriate, list any conviction, plea or admission described in paragraph 2 above, with the date, court, official or administrative body, the individuals involved and their position with the Vendor, and the sentence or disposition, if any.)

I acknowledge that this affidavit is to be furnished to the Town, I acknowledge that, if the representations set forth in this affidavit are not true and correct, the Town may terminate any Contract Awarded and take any other appropriate action. I further acknowledge that I am executing this affidavit in compliance with section 16D of Article 78A of the Annotated Code of Maryland, which provides that certain persons who have been convicted of or have admitted to bribery, attempted bribery, or conspiracy to bribe may be disqualified, either by operation of law or after a hearing, from entering into Contracts with the State or any of its agencies or subdivisions.

I do solemnly declare and affirm under the penalties of perjury that the contents of this affidavit are true and correct.

NON-COLLUSIVE AFFIDAVIT

__________________________________________________________being first duly sworn, deposes and says that:

1. He/she is the ____________________________________, (Owner, Partner, Officer, Representative or Agent) of _________________________________________, the Vendor that has submitted the attached Proposal Document;

2. He/she is fully…