REQUEST FOR PROPOSALS

BOARD OF COUNTY COMMISSIONERS

OF

CALVERT COUNTY

PRINCE FREDERICK, MARYLAND 20678

RFP 2027-015

SNOW AND ICE REMOVAL SERVICES COUNTYWIDE

PROCUREMENT OFFICE

150 MAIN STREET, SUITE 443

PRINCE FREDERICK, MARYLAND 20678

procurement@calvertcountymd.gov

410-535-1600, Extension 2441

AMENDMENT 1: CHANGES PRE-BID MEETING FROM OCTOBER 28, 2026, TO OCTOBER 21, 2026, AND CANCELS THE NOVEMBER 18TH MEETING. ALSO CREATES ATTACHMENT E, CONTRACTOR EQUIPMENT

STATEMENT. A FEW INDIVIDUAL PRICES AND RETAINERS IN THE ATTACHMENT B. PRICE FORM

WERE UPDATED. QUESTIONS AND ANSWERS ARE ALSO ATTACHED

DUE DATE/TIME:

Stage 1. Qualification of Vendors submissions will be accepted and evaluated on a rolling basis.

PRE-BID MEETINGS:

Pre-bid meetings will take place September 30, 2026, October 21, 2026, and November 18, 2026 (CANCELLED), from 1PM – 2PM at the County Administration Building – 150 Main Street, 2nd Floor, Fishing Creek Conference Room, Prince Frederick, MD 20678 and virtually on TEAMS.

WRITTEN

QUESTIONS:

Written questions shall be submitted to procurement@calvertcountymd.gov on a rolling basis. Answers will be published on eMMA on a continuous basis.

Table of Contents

NOTICE TO CONTRACTORS

GENERAL CONDITIONS OF BID AND CONTRACT

SPECIFICATIONS

AGREEMENT

FORM 1. NAME AND SIGNATURE REQUIREMENTS FOR BID AND CONTRACTS

FORM 2. REFERENCES

FORM 3. ANTI-BRIBERY AFFIRMATION AND AFFIDAVIT OF QUALIFICATION TO BID

FORM 4. NON-COLLUSION CERTIFICATE

FORM 5. VENDOR CERTIFICATION OF INDEPENDENCE AND GOOD STANDING

ATTACHMENT A. VEHICLE INSPECTION FORM

ATTACHMENT B. PRICE FORM

ATTACHMENT C: INVOICE

ATTACHMENT D. 2027-015 EQUIPMENT UPDATE REQUEST

ATTACHMENT E. CONTRACTOR EQUIPMENT STATEMENT

QUESTIONS AND ANSWERS - RFP 2027-015

NOTICE TO CONTRACTORS

Stage 1. Qualification submissions will be accepted and evaluated on a rolling basis.

SNOW AND ICE REMOVAL SERVICES - COUNTYWIDE

To be considered for Stage 1. Qualification of Vendors, a submission shall comply in all material respects with this Request for Proposals (hereinafter, "RFP"). Such compliance enables Contractors to stand on an equal footing and maintain the integrity of the bidding system.

Monthly Pre-Bid Meetings. Pre-bid meetings will take place September 30, 2026, October 21, 2026, and November 18, 2026 (CANCELLED), from 1PM – 2PM at the County Administration Building – 150 Main Street, 2nd Floor, Fishing Creek Conference Room, Prince Frederick, MD 20678 and virtually on TEAMS. Attendance is not mandatory unless specifically stated in an addendum; however, interested vendors are strongly encouraged to attend because Calvert County Government may use these meetings to explain qualification requirements, ordering requirements, vehicle inspections, route allocation, invoicing, and activation procedures. Please contact Public Works at Public.Works@calvertcountymd.gov to confirm the dates, times, and meeting links for each pre-bid meeting. Please forward questions 5 business days prior to each meeting to Procurement@calvertcountymd.gov.

Microsoft Teams meeting September 30, 2026, from 1PM – 2PM Join: https://teams.microsoft.com/meet/288882289239139?p=E2mJHYiQAzUIGm2Gna Meeting ID: 288 882 289 239 139 Passcode: pk7NK3D6 Dial in by phone +1 872-216-2953,,864814836# Phone conference ID: 864 814 836#

Microsoft Teams meeting October 21, 2026, from 1PM – 2PM Join: https://teams.microsoft.com/meet/298036326996862?p=XZQCIS3qFdOWOb4cRq Meeting ID: 298 036 326 996 862 Passcode: bz6Vr3e7 Dial in by phone +1 872-216-2953,,874406454# Phone conference ID: 874 406 454#

Microsoft Teams meeting November 18, 2026, from 1PM – 2PM CANCELLED Join: https://teams.microsoft.com/meet/2159175693149?p=uNhauaNZESaWJV1EL4 Meeting ID: 215 917 569 314 9 Passcode: MC9Yz7ZM Dial in by phone +1 872-216-2953,,450592059# Phone conference ID: 450 592 059#

Virtual Bid Openings. Virtual bid openings will not be held, as submissions may be received and evaluated on a rolling basis.

Submission Instructions. Submission packages for Stage 1. Qualifications shall be sent electronically to Procurement@calvertcountymd.gov.

mailto:Public.Works@calvertcountymd.gov mailto:Procurement@calvertcountymd.gov https://teams.microsoft.com/meet/288882289239139?p=E2mJHYiQAzUIGm2Gna tel:+18722162953,,864814836 https://teams.microsoft.com/meet/298036326996862?p=XZQCIS3qFdOWOb4cRq tel:+18722162953,,874406454 https://teams.microsoft.com/meet/2159175693149?p=uNhauaNZESaWJV1EL4 tel:+18722162953,,450592059

Submissions shall be made on the required forms included in this RFP. Forms shall be signed by a representative authorized to bind the Contractor. Calvert County Government may reject incomplete, unsigned, materially altered, or otherwise nonresponsive submissions.

Contractors shall be responsible for obtaining all documentation, including but not limited to the RFP, addenda, and questions and answers, by going to eMaryland Marketplace Advantage at https://emma.maryland.gov prior to submitting their response.

The Procurement Office shall be the sole point of contact for this solicitation during state 1 unless otherwise instructed herein. During Stage 2 and 3 Public Works will be your main points of contact and Procurement Office if you have contractual concerns or changes.

This solicitation establishes a three-part operational process:

Stage 1. Qualifications of vendors (Qualifications);

Stage 2. Ordering and pre-season readiness (Ordering); and Stage 3. Activation for retainers and snow events (Activation).

Qualification in Stage 1 alone does not guarantee route assignment, issuance of a purchase order, activation, or payment.

The right is reserved to reject any or all submissions, waive informalities, qualify multiple Contractors, place qualified Contractors in reserve status, and separately procure snow and ice removal services when determined to be in the best interest of Calvert County Government.

Multiple Awards. Calvert County Government intends to make multiple awards to establish a pool of qualified Contractors capable of providing countywide snow and ice removal services. Routes, equipment assignments, and activation will be determined by the Department of Public Works based on operational need, equipment type and condition, proximity, available coverage, documented performance, and other factors bearing on service delivery.

Documents Required for Stage 1. Qualification Submission

1. Form 1. Name and Signature Requirements for Bid and Contracts

2. Form 2. References

3. Form 3. Anti-Bribery Affirmation and Affidavit of Qualification to Bid

4. Form 4. Non-Collusion Certificate

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

6. Addenda, if Applicable

7. Questions and Answers/Clarification, if Applicable

Documents Required Before Stage 2. Ordering and Stage 3. Activation

1. Attachment A. Vehicle Inspection Form

2. Certificate of Insurance meeting the insurance requirements in this RFP

3. Attachment B. Price Form signed by the Contractor

4. Attachment E. Contractor Equipment Statement

5. Any additional operator, registration, driver, or equipment documentation requested by Calvert

County Government.

GENERAL CONDITIONS OF BID AND CONTRACT

1. DEFINITIONS

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

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

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

CALVERT COUNTY or COUNTY shall mean Calvert County, Maryland.

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

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

COUNTYWIDE shall mean roadways, ramps, bridges, parking lots, sidewalks, trails, County facilities, and other areas designated by Calvert County Government and Calvert County Public Schools.

DIRECTOR shall mean the Director, 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 Calvert County Government within the scope of duties entrusted under such delegation of authority.

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

2. CONTRACT INTERPRETATION BY THE PROJECT MANAGER

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

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

In resolving conflict, error, or discrepancies within the Contract Documents, the Contract Documents shall be given precedence in the following order (Change Orders, highest precedence and Notice to Contractors, lowest precedence):

Change Orders Addenda Federal, State, and/or County Requirements

General Conditions of Bid and Contract Specifications Contract Notice to Contractors

3. BID FORMS AND AFFIDAVITS

All bids shall be submitted on the forms provided, shall be signed by a principal duly authorized to make contracts, and submitted to Procurement@calvertcountymd.gov or during our pre-bid meetings.

The attached Anti-Bribery Affirmation and Affidavit of Qualification to Bid form shall be submitted with bids. Failure to comply may be cause for rejection of bids.

4. 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.

5. DEVIATIONS TO SPECIFICATIONS

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

6. AWARD OR REJECTION OF BIDS

Calvert County Government shall award the Contract to technically responsible bidders, subject to its right to reject any or all bids Calvert County Government reserves the right to award a Contract by individual items, in the aggregate, or in combination thereof, and to waive any informality in bids received whenever such rejection or waiver is in the best interest of Calvert County Government. Calvert County Government reserves the right to reject all bids and make purchases based on state, county, or municipal contracts that are established by a legal competitive process whenever it is in the best interest of Calvert County Government to do so. Calvert County Government also reserves the right to reject the bid of a Contractor who has previously failed to perform properly or complete on time contracts of a similar nature, or a bid of a Contractor who investigation shows is not in position to perform the Contract.

In determining “technically responsible bidders”, Calvert County Government shall consider:

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

2. Whether the bidder can perform the Contract or provide the service promptly, or within the time specified, without delay or interference;

3. The character, integrity, reliability, reputation, judgment, experience, and efficiency of the bidder;

4. The quality of performance of previous contracts or services;

5. The previous and current compliance by the bidder with laws and ordinances relating to the Contract or service;

6. Whether the bidder is in arrears to Calvert County Government on any debt or Contract, is in default on any surety to Calvert County Government, or is delinquent as to any taxes or assessments; and

7. Any other information that may have a bearing on the decision to award the Contract.

7. WARRANTY AND SUPPORT

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

8. INDEMNIFICATION

Nothing contained in the Contract shall be construed to constitute the Contractor an agent of Calvert County Government. The Contractor shall indemnify, keep, and save harmless Calvert County Government, its agents, officials, and employees, against all injuries, death, loss, damage, claims, patent claims, suits, liabilities, judgments, costs, and expenses which may or otherwise accrue against Calvert County Government in consequence of the granting of a Contract or which may or otherwise result therefrom. If it shall be determined that the act was caused through negligence or omission of the Contractor or his officers, directors, agents, or employees, of the subcontractor or his officers, directors, agents or employees, if any, and the Contractor shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and if any judgement shall be rendered against Calvert County Government in any such action, the Contractor shall at his own expense, satisfy and discharge the same. Contractor expressly understands and agrees that any performance bond or insurance protection required by this Contract, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend Calvert County Government as herein provided.

9. NON-DISCRIMINATION IN EMPLOYMENT

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

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

2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, shall state that such Contractor is an equal opportunity employer. In addition to complying with the provision of Equal Opportunity, the Contractor shall, in good faith, cooperate with Calvert County Government in investigation of Equal Employment Opportunity (EEO) complaints, whether formal or informal.

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

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

10. LAWS AND REGULATIONS.

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

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

11. INSURANCE

The Contractor shall not commence work under this Contract until it has obtained the insurance required under this section. All coverage shall be with insurance carriers licensed and authorized to do business in Maryland.

Insurance companies providing insurance shall be acceptable to Calvert County Government. Self-insured Contractor s shall submit an affidavit attesting to their self-insured coverage.

1. Certificate Holder, Additional Insured, and Contract Information

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

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

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

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

d. The Description of Operations box shall state:

i. The contract name and number.

ii. The Board of County Commissioners of Calvert County, Maryland shall be named as additional insured as pertains to general liability and automobile liability.

2. Commercial General Liability Insurance

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

3. Automobile Liability Insurance

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

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

NOTE: Insurance for all vehicles and equipment to be used under this contract must be in the name of the Contractor or Sole Proprietor. Proof of insurance for all vehicles and equipment must be included in the submission of the Contractor’s Certificate of Insurance.

4. Workers’ Compensation

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

5. Notice of Cancellation

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

12. WORK TO BE DONE AND MATERIALS TO BE FURNISHED

The Contractor shall perform all the work and furnish all the labor, material, tools, and appliances necessary or proper for performing the work required during the term of this Contract. The Contractor shall complete the required work, together with such extra work as may be required to the satisfaction of Calvert County Government and the Project Manager or duly authorized representative(s).

13. WRITTEN NOTICE AND SERVICE THEREOF.

Any notice to any party relative to any part of this Contract shall be in writing. The mailing in a United States post office box, of a written communication, notice or order, addressed to the Contractor at the business address filed with Calvert County Government, or to the Contractor’s office at the site of work, shall be considered as sufficient service upon the Contractor of such communication, notice or order, and the date of said service shall be the date of such mailing unless it relates to snow/ice removal ordering or unless instructions for ordering snow/ice removal is located in the ordering guide/section.

14. ACCIDENT PREVENTION

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

15. WORKMANSHIP

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

Any unsatisfactory materials furnished, or work performed, at whatever time discovered, shall be immediately removed and satisfactorily replaced by the Contractor when notified to do so by the Project Manager or duly authorized representative. If the Contractor neglects or refuses to remove such unsatisfactory work or material within forty-eight (48) hours after the receipt of the above-mentioned notice, or if the Contractor shall not make satisfactory progress in doing so, Calvert County Government may cause said work or material to be removed and satisfactorily replaced, by contract or otherwise, and the expense thereof shall be charged to the Contractor. Such expense shall be deducted from any monies due or to become due to the Contractor under the contract. UPON COMPLETION OF PROJECTS UNDER THIS CONTRACT, THE WORK SHALL BE INSPECTED BY CALVERT COUNTY GOVERNMENT OR CALVERT COUNTY BOARD OF EDUCATION TO ENSURE COMPLETE REMOVAL OF SNOW AND

ICE ON ASSIGNED ROADWAYS OR FACILITIES.

16. EMPLOYMENT OF SKILLFUL PERSONNEL

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

17. CARE AND PROTECTION OF WORK

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

18. INJURY TO PROPERTY

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

19. SUBLETTING OF CONTRACT OR ASSIGNMENT OF CONTRACT FUNDS

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

If the Contractor desires to assign their right to payment of the Contract, Contractor shall immediately notify Calvert County Government, in writing, of such assignment of right to payment. In no case shall such assignment of Contract relieve the Contractor from their obligations or change the terms of the Contract.

20. STATUS OF CONTRACTOR AND SUBCONTRACTORS

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

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

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

Any person undertaking a part of the work under the terms of the Contract, by virtue of an agreement with the Contractor, who, prior to such undertaking must receive the approval of Calvert County Government.

Calvert County Government may terminate the Contract if subcontracting is done without prior approval.

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

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

The persons engaged in the Work, including employees of subcontractors and suppliers, shall be considered employees of the Contractor and their work shall be subject to the provisions of the Contract.

References in these Contract Documents to actions required of subcontractors, manufacturers, suppliers, or any person other than the Contractor or Calvert County Government shall be interpreted as requiring that the Contractor shall require such subcontractor, manufacturer, supplier, or person to perform the specified action.

The Contractor shall not employ any subcontractors not properly licensed in accordance with State or

County law. Prior to commencement of any work by a subcontractor, the Contractor shall submit verification to Calvert County Government that the subcontractor is properly licensed for the work it shall perform.

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

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

ii. Each subcontractor shall be obligated to defend, indemnify, and hold Calvert County Government harmless from all claims arising from the subcontractor’s portion of the Work in the same manner as Contractor.

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

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

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

21. COOPERATION AMONG SUBCONTRACTORS

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

22. TERMINATION OF CONTRACT

Calvert County Government may terminate a contract, in whole or in part, whenever Calvert County Government determines that such termination is in the best interest of Calvert County Government, without showing cause, upon giving written notice to the Contractor. Calvert County Government shall pay all reasonable costs incurred by the

Contractor up to the date of termination. However, in no event shall the Contractor be paid an amount exceeding the price proposed for the work performed. The Contractor shall not be reimbursed for any profits which may have been anticipated but which have not been earned up to the date of termination.

When the Contractor has not performed or has unsatisfactorily performed the Contract, Calvert County Government may terminate the Contract for default. Upon termination for default, payment may be withheld at the discretion of Calvert County Government. Failure on the part of a Contractor to fulfill the contractual obligations shall be considered just cause for termination of the Contract. The Contractor shall be paid for work satisfactorily performed prior to termination, less any excess costs incurred by Calvert County Government in completing the Contractor’s obligations under the Contract.

23. AVAILABILITY OF FUNDS

Multi-year contracts may be continued each fiscal year only after funding appropriations and program approvals have been granted by Calvert County Government. In the event Calvert County Government does not appropriate funds for the continuation of this Contract, then the affected multi-year contract becomes null and void effective July 1 of the fiscal year for which such approvals have been denied.

Calvert County Government reserves the right to immediately terminate a contract in the event funds are no longer available or have been exhausted. If Calvert County Government shall terminate a contract, Calvert County Government shall attempt to give written notice at least thirty (30) calendar days in advance of the effective date.

The Contractor shall be paid for all labor and material provided as of termination date. No consideration shall be given for anticipated loss of revenue or profit on the cancelled portion of the Contract.

24. SERVICE DELIVERY FAILURES

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

25. DELIVERY AND POINT OF DESTINATION

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

26. NON-LIABILITY

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

27. BREACH OF CONTRACT

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

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

a. If the Contractor becomes insolvent.

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

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

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

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

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

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

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

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

28. OWNERSHIP OF DOCUMENTS

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

29. INCURRING COSTS

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

30. COMPLETENESS

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

31. NOTICE OF POLITICAL CONTRIBUTIONS

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

32. COOPERATIVE PURCHASES

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

B. All purchase and payment transactions shall be made directly between the Contractor and the requesting entity. Calvert County Government assumes no obligation on behalf of any other public entity.

33. ARITHMETICAL ERRORS

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

34. 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.

35. 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.

36. 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.

37. 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.

38. 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.

39. 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.

40. 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.

41. 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.

42. LIQUIDATED DAMAGES

Liquidated damages in the amount of $500.00 per piece per occurrence shall be deducted from the Contractor’s current invoice when the Contractor does not respond to a call-out in a timely fashion. Failure to respond shall be charged at a rate of $1000.00 per piece per occurrence which shall be deducted from the Contractor’s current invoice.

SNOW AND ICE REMOVAL SERVICES - COUNTYWIDE

SPECIFICATIONS

1. Purpose and Intent

Calvert County Government intends to establish non-exclusive Contracts with qualified Contractors to provide labor, supervision, operators, vehicles, equipment, materials, and expertise necessary for snow and ice removal, anti-icing, de-icing, hauling, maintenance of traffic support, and related winter weather response services on roadways, ramps, bridges, parking lots, sidewalks, trails, County facilities, and other areas designated by Calvert County Government and Calvert County Public Schools.

Calvert County Government shall provide and load salt and sand and provide routes and a map book to each Contractor’s driver(s). It is intended that the specifications and terms in this RFP shall become part of a Contract with Contractors.

Non-Exclusive Contract

This Contract is non-exclusive. Calvert County Government may contract with multiple Contractors, maintain a reserve pool, use County forces, use other contracts, or separately procure services when determined to be in the best interest of Calvert County Government.

2. Procurement Process Overview

Snow and ice removal services will be administered through three stages: qualification; ordering; and activation. Qualification establishes the vendor pool. Ordering establishes equipment, insurance, price form, and route readiness. Activation authorizes payment for pre-season retainers, snow event work, and post-season retainers by purchase order or other written authorization.

Process Step County Action and Contractor Requirement

Stage 1. Qualification

Solicitation Calvert County Government issues this RFP and conducts pre-bid meetings outlined on pages 1&3 above. Stage 1. Qualification submissions will be accepted and evaluated on a rolling basis.

Qualification

Vendors submit Forms 1 through 5 and any addenda or clarifications. Calvert County Government reviews submissions for completeness, conducts reference checks, and evaluates contractor’s good standing. Qualification is a prerequisite to Contract award but does not guarantee ordering or activation.

Contract Execution Qualified vendors may be offered a non-exclusive Contract. The Contract establishes the terms and conditions under which Calvert County Government may order snow and ice removal services during the Contract term.

Stage 2. Ordering

Ordering and Readiness

Before a Contractor may be assigned routes or activated, the Contractor shall complete vehicle inspection, submit an acceptable certificate of insurance, sign the Price Form, complete Contractor Equipment Statement, and receive a snow book or route allocation from the Department of Public Works.

Stage 3. Activation

Services shall not begin, and payment shall not be made unless authorized by purchase order or other authorization from Calvert County Government.

First, Calvert County Government may issue a pre-season retainer purchase order, Process Step County Action and Contractor Requirement

Second, Calvert County Government may issue snow event blanket purchase order

Third, Calvert County Government may issue a post-season retainer purchase order

Stage 4. Modification

Modification Contractor equipment may be updated only through the modification process stated in this RFP. Vehicle changes shall be inspected and signed by DPW before invoicing for the changed equipment.

3. Minimum Qualification Requirements

A. Contractor shall provide at least three (3) references for comparable services, one reference may be from Calvert County Government.

B. Contractor shall be in good standing with the Maryland Department of Assessments and Taxation (SDAT), if applicable, or shall establish good standing before Contract award.

C. Contractor shall have no outstanding Calvert County zoning violations.

D. Contractor shall have no outstanding judgments, liens, or other recorded financial obligations identified through Maryland Liens Search that, in Calvert County Government’s determination, may affect the Contractor’s responsibility, financial reliability, or ability to perform the Contract.

E. Contractor shall have no legal matters identified through Maryland Judiciary Case Search that, in Calvert County Government’s determination, may affect the Contractor’s responsibility, reliability, integrity, or ability to perform the Contract.

F. Contractor shall be able to provide properly insured equipment and operators before any ordering or activation.

G. Contractor shall comply with all…