CBPW_General Town Paving_RFP 20260623.pdf

BOND NO.________________

BID REQUEST NO.___________________

REQUEST FOR PROPOSALS (RFP)

GENERAL PAVING SERVICES

ISSUE DATE: June 23, 2026

NOTICE

A Prospective Offeror that has received this document from a source ither than eMarylandMarketplace

Advantage (eMMA) should register on eMMA at https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage to view the BID and amendments.

GENERAL PAVING SERVICE CONTRACT

RFP Document

TOWN OF CHESAPEAKE BEACH

KEY INFORMATION SUMMARY SHEET

Request for Proposals General Paving Services

RFP Issue Date: June 23, 2026

RFP Issuer/ Contact for Clarifications: Dr. Samelia Okpodu, Town Administrator

RFP Issuer Contact Information:

Dr. Samelia Okpodu, Town Administrator sokpodu@chesapeakebeachmd.gov Town Hall: 8200 Bayside Rd. Chesapeake Beach, MD 20732 (410)257-2230

Proposal information available at:

Town Hall 8200 Bayside Rd. Chesapeake Beach MD 20732 From 8:30-4:30pm eMaryland Marketplace

SEALED Proposals are to be sent to: ATTENTION DAN BADEN, TOWN TREASURER 8200 Bayside Rd PO Box 400 Chesapeake Beach, MD 20732

Mandatory Pre-Bid Conference:

July 8 at 10:00 AM at Chesapeake Beach

Town Hall 8200 Bayside Rd Chesapeake Beach, MD

Questions Due Date and Time July 16, by 9 AM to Wayne Newton, Town Engineer at wayne@messickandassociates.com

SEALED Proposal Due (Closing) Date and Time:

July 23 by 9:30 AM to Chesapeake Beach Town Hall located at 8200 Bayside Rd. Chesapeake Beach, MD 20732

GENERAL PAVING SERVICE CONTRACT

RFP Document

SEALED Proposal Public Opening July 23 at 10:00 AM Chesapeake Beach Town Hall: 8200 Bayside Rd. Chesapeake Beach, MD 20732

Contract Type: Fixed lump Sum

Contract Duration: 90 Days

1 Minimum Qualifications

1.1 Minimum Qualifications

To be considered reasonably susceptible of being selected for award, the Offeror must document in its Proposal that, within the last five (5) years, the following Minimum Qualifications have been met:

General Paving Services of a similar size and scope The Offeror shall provide with its Proposal (3) three or more references from the past (5) five years that demonstrate the Offeror’s required years of experience in General Paving Services.

2 Contractor Requirements: Scope of Work

2.1 Summary Statement

The Town of Chesapeake Beach is issuing this Request for Proposals (RFP) in order to contract for

GENERAL PAVING (MILL AND OVERLAY) SERVICES

2.1.1 The Town intends to make a single award as a result of this RFP.

2.1.2 Resident Guide & Community Resources Town Staff and Roles

a) Town Administrator: Ensures work has been completed per the specifications prior to release of payment to the Contractor.

b) Public Works Administrator: Provides on-site review of all work completion approving work for completion per the defined specifications.

c) Town Treasurer: Receives proposals, ensures costs are within budget, processes payment once approved by the Town Administrator.

d) Town Engineer: Provides technical review of work per Town’s request.

2.2 Responsibilities, Tasks, Scope of Work

The contractor must provide equipment, material, labor, hauling and other general services required to complete milling and overlaying of existing roads and along curbs to the satisfaction of the Town Engineer. The work includes tack and utility top adjustments as necessary to meet final pavement grade. The Town estimates the work area to include 7,429 SY of milling and overlay to be completed.

The areas are outlined below by location and total SY at that location. Depending on pricing, this amount could change. See Exhibit “A” Town Deliverables:

• All work will be marked to allow for one mobilization for areas to be milled and overlaid (paved);

however, all mobilization charges must be included in the flat fee and unit price.

• All milled materials shall be disposed by contractor at the contractors expense

• The price bid shall include all labor, materials, equipment, supplies, hauling, delivery and testing required to complete the work to the Town’s satisfaction.

• Please note: Paving of streets within the Critical Area may require Critical Area Commission approval before paving can begin.

2.3 General Deliverables:

1. The anticipated start date is within 30 days of project award and executed agreement.

2. The contractor is to provide a list of each sub-contractors, if any, along with a description of the work they will provide for the Contractor including an assessment of the percentage of work they are anticipated to perform.

3. All work must be performed Monday through Friday 7:30 a.m. — 4:00 p.m. In case of emergencies, the Town, in its sole discretion, may approve a written request for permission to perform work at other times.

4. All work must be inspected by a third-party inspector prior to final sign off by the Town. The third-party inspector is to be hired by contractor and included in the price bid.

5. Total time for completion: 90 consecutive calendar days.

6. Liquidated damages shall be Three Hundred Dollars ($300.00) dollars per calendar day.

7. Work must be completed in conformance with the section and instructions set for the below:

Flexible Asphalt Pavement

a) Existing pavement shall be milled or saw cut full depth where the limits of mill and overlay meet the existing pavement.

b) All milling shall be 2" minimum depth.

c) Hot Mix Asphalt (HMA) surface shall be placed to a depth equal to the depth existing surface or a minimum of 2”, whichever is greater.

Exhibit “A”

d) (Remainder of Page Intentionally left blank. Map views of locations listed on following pages.)

INSTRUCTIONS TO BIDDERS

1. BIDS:

a. Bids will only be accepted by Chesapeake Beach if submitted in accordance with these instructions, the General Conditions and any other attached bid documents. A bid security in the amount of Five Percent (5%) of the bid amount (if the solicitation contemplates a multi-year Contract, 5% of the total first year bid) in the form of the Bid Bond which is attached to this Instruction to Bidders, shall accompany this bid.

b. Bidders shall have all documents submitted to the Town signed in BLUE ink.

2. QUALIFICATIONS OF BIDDERS:

The Town may make such investigation as it deems necessary to determine the ability of the Bidder to furnish the services and the Bidder shall furnish to the Town all such information and data for this purpose that the Town may request. The Town reserves the right to reject any bid if the evidence submitted by the Bidder or an investigation of such Bidder fails to satisfy the Town that such Bidder is properly qualified to carry out the obligations of the contract.

3. RESERVATIONS:

The Town reserves the following rights, in addition to any otherwise available to it by law:

a. To waive formalities or technicalities in bids as the interests of the Town may require;

b. To waive minor differences in specifications provided these differences do not violate the intent of the specification or materially affect the operation for which the item is being acquired;

c. To reject bids which show omission, irregularity, alteration of forms, or additions not called for, and conditional or unconditional, unresponsive bids or bids obviously unbalanced;

d. To award contracts on a lump sum or an individual item basis or such combination thereof as the interests of the Town may require. The manner in which the award will be made is indicated on the Bid Summary Sheet;

e. To purchase additional like units at the same unit cost as listed in the Line Item Bidding section of the Bidder’s response to the solicitation .

f. To reject or accept any or all bids or portion thereof where such acceptance or rejection would, in the Town's sole discretion, be in its best interests;

g. To reduce or modify the scope of the Project in order to meet funding limits or budget and scheduling constraints; and

h. To advertise for new bids.

4. REQUIRED ATTACHMENTS TO BIDS:

Each bid shall be accompanied by the following documents: Bid Bond, Bid Certification Form, Equal Opportunity Employer & Drug Free Workplace Certification, Affidavit of Public

Contracting Eligibility, Contractor Responsibility Questionnaire and Reference List, and, if required by law, an Affidavit of Apprenticeship Funding, as included with this solicitation package.

5. WITHDRAWAL OF BIDS; ACCEPTANCE OR REJECTION OF BIDS:

Prior to the time of opening, bids may be withdrawn only upon written request received from

Bidder. The Town will accept or reject bids within ninety (90) days of the date set for opening bids.

No Bidder may withdraw its bid for a period of ninety (90) days after opening of the bids.

6. WAIVER OF WARRANTIES AND DAMAGES:

The Town will not accept contractual provisions that purport to waive implied warranties of merchantability or fitness for a particular purpose. The Town will not accept contractual provisions that purport to limit damages to amounts paid to the bidder under any contract formed in connection with this bid or to exclude a category of damages that would otherwise be available to the Town under Maryland law. By submitting a bid to the Town for the services or products that are the subject of this bid, the bidder agrees that any such provisions proffered shall be and are rejected and shall be inoperative with respect to any contract formed between the parties with respect to this bid.

7. ADDENDA:

Any addenda issued after the Invitation for Bid and before the opening of bids shall be acknowledged in the bid submission by submitting a signed and dated copy of the addenda as acknowledgement of receipt which shall become part of the bid.

8. BID DOCUMENTS:

Bidders must examine all bid documents and any specifications carefully. In case doubt shall arise as to the meaning or intent of anything shown in the bid documents or specifications, inquiry shall be made of the Town before the bid is submitted. The submission of a bid shall indicate that the bidder thoroughly understands the terms of the bid documents and any specifications.

10. EXECUTION OF THE AGREEMENT:

a. A copy of the form Agreement is included with the bid package. Changes may be made to the form Agreement in the sole discretion of the Town and the bidder should not rely on an expectation of changes in the Agreement. The successful Bidder shall return two copies of the

Contract and such other documents as required by the solicitation documents, properly executed, to the Town within seven (7) days after the date of issuance of the Notice of Award.

b. Failure by the bidder to execute the Agreement and submit such other documents as required by the bid documents and file acceptable insurance certificates and bonds within the time established shall be cause for termination of the Award. The Agreement may then be awarded to the next lowest responsive and responsible bidder or the Work may be re-advertised and constructed under contract or otherwise, as the Town may decide. All additional costs incurred by the Town to reprocure the services shall be assessed against the bidder and/or its bid security.

c. Before submitting bids, prospective bidders should carefully examine the proposed contract documents, inspect the site of the proposed project, acquaint themselves with all governing Federal, state and local laws, ordinances, and regulations, and otherwise thoroughly familiarize themselves with all matters which may affect the performance of the project, including if applicable, grant requirements. The act of submitting a bid shall mean that the bidder has so familiarized itself and, therefore, no concession will be granted by the Town because of any claim of misunderstanding or lack of information. Bidders are expected to read and study the drawings and specifications with special care and to observe all their requirements. Discrepancies, ambiguities, errors, or omissions noted by bidders should be reported promptly to the Town’s contract specialist for correction or interpretation before the date of the opening of bids.

11. AFFIDAVIT OF PUBLIC CONTRACTING ELIGIBILITY:

Pursuant to the State Finance and Procurement Article of the Annotated Code of Maryland, the bidder shall sign the Affidavit of Public Contracting Eligibility included with the bid documents.

12. BID SUBMITTAL LIMIT:

A bidder may submit only one bid for each Invitation to Bid. More than one Bid from an individual, firm or partnership, corporation, limited liability company or association under the same or different names will not be considered and will be considered grounds for disqualification of the Bids involved, and rejection of the bids.

14. GRANT-FUNDED CONTRACTS:

This Agreement may be funded, in whole or in part, using federal or State grant funds and may therefore be subject to conditions imposed by regulations of the governmental entity providing such funds. Such funding, if any, will be identified in the description of the Work or Services included with this Invitation for Bids. It is the bidder’s responsibility to determine the scope and requirements of and to comply with the terms of any regulations relating to or governing the use of such grant funds. Such regulations may under certain circumstances include, but are not limited to, payment of prevailing wage rates, the purchase of materials manufactured in the United States, the maintenance of specific records for specific periods of time, and/or approval of subcontracts.

15. SUBMISSIONS ARE PUBLIC INFORMATION:

Procurement information, including responses to IFBs, shall be a public record to the extent provided in the Maryland Public Information Act, Md. Ann. Code, General Provisions Article, Title 4, and shall be available to the public as provided in such statute. Bidders shall not make blanket assertions that the entirety of their submission is confidential. Rather, should a bidder contend that their bid or a portion thereof contains confidential information, they should clearly identify which portion of their bid should be treated as confidential and state the reason why it is confidential citing to the applicable provision(s) of the Maryland Public Information Act and decisions interpreting the Act. The Town reserves the right, within the parameters of the Act, to determine that an item does not meet the appropriate criteria to be considered a confidential item and will so inform the bidder in writing of its determination. Further, the affidavit required by

Section 12 of these Instructions to Bidders shall also indicate the bidder’s understanding that all documents, information and data submitted in its Bid shall be treated as public information unless otherwise indicated.

GENERAL CONDITIONS

1. CONTRACTOR PERFORMANCE: The Town engages the Contractor to perform the

Services based upon Contractor’s stated experience in performing similar services. Accordingly, the Contractor is expected to be familiar with all applicable laws, codes and industry standards and to perform the Services in strict compliance therewith. The Contractor shall provide the Services in accordance with the standards to which an experienced and competent contractor using the degree of care and skill ordinarily exercised by a reputable contractor performing such services in

Maryland customarily adheres. When approval by the Town is required, such approval is understood to be general approval only and does not relieve the Contractor of responsibility for complying with all applicable laws, codes and good practices. The Contractor shall diligently and competently render all Services necessary or advisable for the project.

2. COMPLETION OF WORK1:

A. Time is of the essence. The contractor for this work will be expected to deliver the product within the number of calendar days stipulated in the bid documents.

B. If the contractor is delayed at any time in the delivery of the services or products by any act or negligence of the Town, or by any act or negligence by separate contractor employed by the

Town, or that of any employee of either, or by any changes ordered in the materials or by strike, lockout, fires, unusual delays in transportation, unavoidable casualties or any causes beyond the contractor's control, or by delay authorized by the Town, the Town in sole discretion shall decide the permissible extent of such delay.

3. FAILURE TO DELIVER:

1 The term “Work” shall have the same meaning as the words “services” and “project”.

In the event the contractor fails to deliver the services and materials covered by the Contract and in accordance with the delivery terms stipulated in the contract, then the Town will have the right to terminate the contract for default and purchase on the open market the services and/or materials covered in the Contract and shall have as damages the cost of obtaining such services and/or materials shall be assessed against the Contractor and/or its surety.

4. PERFORMANCE AND PAYMENT BONDS:

The successful bidder will be required to give Performance and Payment Bonds or Letters of

Credit acceptable to the Town within five (5) business days after the date of the fully executed contract. The Performance Bond or Letter of Credit shall be one hundred percent (100%) of the contract price, conditioned upon the Contractor complying in all respects with the terms and conditions of its contract, and indemnifying the Town against and from all costs, expenses, damages, injury or loss to which said Town may be subjected by reason of any wrong doing, misconduct, want of care or skill, negligence or default upon the part of the Contractor in the execution or performance of this contract. The Payment Bond or Letter of Credit will be fifty percent (50%) of the contract price. These Bonds or Letters of Credit shall be executed with the same surety. Whenever the surety on the bonds or letters of credit so furnished shall be deemed by the Town to be insufficient or unsatisfactory, the Contractor shall, within ten (10) days after notice to that effect, furnish and deliver new bonds or letters of credit to the Town in the same penalty and on the same conditions, with surety satisfactory to the Town, and this duty shall continue on the part of the Contractor, whenever and so often as the Town shall require new bonds or letters of credit with a satisfactory surety. If the Contractor shall fail to furnish such bonds or letters of credit within ten (10) days after said notice is mailed to his address, the Town through its proper agent, may stop all further work under the Contract and re-let the unfinished work at the expense of the Contractor.

5. MAINTENANCE BOND:

The Contractor will be required to issue a Maintenance Bond in the amount of 5% of the Contract amount for a period of one year from the date of substantial completion. Such bond will designate the Town as the Obligee and the Contractor as the Principal. The Bond shall be executed by the

Contractor and a corporate bonding company licensed to transact such business in the State of

Maryland. The expense of this Bond shall be borne by the Contractor. If at any time a Surety on any such Bond is declared bankrupt or loses its right to do business in the State of Maryland, the

Contractor shall, within 10 days after notice from the Surety Company, substitute an acceptable

Bond in such form and sum and signed by such other surety or sureties as may be satisfactory to the Town. The premiums on such Bond shall be paid by the Contractor. No further payments shall be deemed due or shall be made until the new surety or sureties shall have furnished an acceptable

Bond to the Town. Should the Contract price be increased by 25% or more before Final

Acceptance, the amount of the Maintenance Bond shall be increased accordingly. Payment for release of retention will not be made until the maintenance bond is received and approved by the

Town.

6. INSURANCE:

The Contractor shall maintain the insurance coverages set forth in the form of Agreement included with this solicitation, and shall provide Certificates evidencing such insurance to the Town before beginning work. Certificates of Insurance shall be on an occurrences basis. The Contractor shall name the Town as additional insured to the required insurance policy.

7. TAXES:

The Contractor shall pay all sales, consumer, use and other similar taxes required by applicable law to be paid with respect to the work performed or the materials or equipment furnished. The

Town is exempt from the payment of such taxes with respect to items purchased directly.

8. INDEMNIFICATION:

The Contractor will be required to indemnify, defend and hold the Town harmless in accordance with the form of Agreement included with this Invitation for Bids.

9. TESTING AND INSPECTION:

The Town has the right to inspect and test all services and materials called for by the contract, to the extent practicable at all times and places during the term of the contract. The Town shall perform inspections and tests in a manner that will not unduly delay the work. If any of the services and/or materials do not conform to contract specifications, the Town may require the

Contractor to perform the service or again provide a replacement product in conformity with contract specifications, at no increase in contract amount.

10. WARRANTY:

A. The Contractor shall warrant its work and/or material for one (1) year from the Town’s acceptance thereof, or final completion of the work under the contract, whichever is later, unless specified otherwise. The work and/or material is guaranteed to remain free from all defects and to comply with all requirements of the Contract Documents. Should there be any defects in the workmanship and/or materials requiring repair and/or replacement, the Town shall notify the

Contractor in writing promptly upon discovery and will allow the Contractor to make the repairs and/or replacement to any of the work or materials within seventy-two (72) hours after notification by the Town.

B. In addition to other promises and warranties contained herein the Contractor specifically warrants to the Town that materials and equipment furnished under the Contract will be of good quality and new unless otherwise required or permitted by the Contract Documents, that the work will be free from defects not inherent in the quality required or permitted, and that the Work will conform with the requirement of the Contract Documents. Work not conforming to these requirements, including substitutions not properly approved and authorized, may be considered defective. The Contractor's warranty excludes remedy for damage or defect caused by the Town’s abuse, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. If required by the Town, the Contractor shall furnish satisfactory evidence as to the kind and quality of Materials and Equipment.

C. Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the Town shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any expressed or implied warranties or responsibility for faulty materials or equipment or workmanship. This warranty will have no time limit except those prescribed by law. Nothing in this subparagraph shall be construed to shorten any applicable statute of limitations or to limit any remedies available to the Town at law or in equity for any failure of the finished project to perform as intended due to any fault of the Contractor or its agents, employees, or subcontractors.

TOWN OF CHESAPEAKE BEACH, MARYLAND

CONTRACTOR RESPONSIBILITY FORM

1. Summarize briefly your experience in providing the commodities or service outlined in the attached specifications:

2. List the name and address of one bank or other institution that can provide the Town with an adequate credit reference:

3. Have you ever refused to sign a contract at your original bid price? Yes _____ No _____

4. Have you ever defaulted on a contract? Yes _____ No _____

Federal I.D. #

Name of Contractor:

Address:

Telephone #:

By: ____________________________________

Signature

Typed Name and Title

BIDDER: __________________________

REFERENCE LIST

1. Type of Work ______________________________________________ Year Constructed______________________________________________ Owner_______________________________________________________ Location (Town, State)__________________________________________ Owner’s Contact Person_________________________________________ Owner’s Telephone No. _________________________________________ Owners Email__________________________________________________

2. Type of Work______________________________________________

Owner_______________________________________________________ Location (Town, State)__________________________________________ Owner’s Contact Person_________________________________________

3. Type of Work ______________________________________________

Owner_______________________________________________________ Location (Town, State)__________________________________________ Owner’s Contact Person_________________________________________

4. Type of Work______________________________________________

Owner_______________________________________________________ Location (Town, State)__________________________________________ Owner’s Contact Person_________________________________________

5. Type of Work ______________________________________________

Owner_______________________________________________________ Location (Town, State)__________________________________________ Owner’s Contact Person_________________________________________

BID BOND

KNOW ALL PERSONS BY THESE PRESENTS, that we, ____________________________________, a corporation duly authorized to do business in the State of Maryland, as Principal, and __________________, a corporation duly authorized to do business in the State of Maryland, as Surety, are held and firmly bound unto, Chesapeake Beach, hereinafter called the Obligee, in the sum of _________________________ Dollars ($_______.00), to be paid upon demand of the Obligee, for payment of which sum well and truly to be made, we bind ourselves, our administrators, reeivors, trustees, successors and assigns, jointly and severally, firmly by these presents.

Whereas, the Principal has submitted to the Obligee a Bid for furnishing all labor, materials, equipment and incidentals thereto necessary for work generally described as:

Now therefore, the condition of this Bond is such that, if the Obligee shall accept the Bid of the Principal and the Principal shall enter into a written agreement with the Obligee in accordance with the terms, conditions and price(s) set forth therein, and furnish such insurance and give such bond or bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such Agreement and for the prompt payment of labor and materials furnished in the prosecution thereof, then this obligation shall become null and void; otherwise, it shall remain in full force and effect; and the Surety shall, upon failure of the Principal to comply with any or all of the foregoing requirements immediately pay to the Obligee, upon demand, the amount hereof in good and lawful money of the United States of America, not as a penalty, but as liquidated damages.

Provided, however, that the Surety shall not be liable to the Obligee on this bond for any amount in excess of the principal amount hereof.

This Bid Bond shall be governed by and construed in accordance with the laws of the State of Maryland and any reference herein to Principal or Surety in the singular shall include all entities that are signatories as Principal or Surety.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bond shall in no way be impaired or affected by any extension of the time within which the Town may accept such proposal, and said Surety hereby waives notice of any such extension.

IN TESTIMONY WHEREOF, the Principal and Surety have caused these presents to be duly signed and sealed this ______ day of __________________, 20___.

Principal

By: __________________________________(Seal)

Official Title Surety By __________________________________

Attorney-in-Fact

By __________________________________ Maryland Agent

PAYMENT BOND

KNOW ALL PERSONS BY THESE PRESENTS, that on this ______ day of _____________, 20____, we _______________________________________ (“the Contractor”) as Principal, and ____________________________________________________ (Bonding Company) as Surety, are held and firmly bound unto Chesapeake Beach (“the Town”), in the penal sum of ________________________________________________ Dollars ($_______) for payment of which sum well and truly to be made, we bind ourselves, our officers, agents, , administrators, trustees, and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal entered a Contract (“the Contract”) with the Town dated ____________20___, concerning the ___________________________________ (“the Project").

NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall promptly make proper payment to all persons supplying labor, equipment and materials used in the prosecution of the work provided for in said Contract and the Project, and all duly authorized modifications of said Contract that may hereafter be made, notice of which modification to the Surety being hereby waived, then this obligation will be void; otherwise it will remain in full force and effect.

Any modification made by agreement by and between Principal and Town in terms of the Contract or the nature or scope of the Project, or the giving to the Principal or its officers, agents, employees, successors or assigns any extension of time on the part of Principal to be performed or any forbearance on the part of the Town to Principal, its officers, employees, successors and assigns shall not in any way release Principal or Surety in this Bond

This Payment Bond will be held by the Town until the expiration of three (3) years after the date of final acceptance of the work under the Contract. or earlier upon receipt of a release of liens in a form satisfactory to the Town. There shall be no reduction or release of this Payment Bond until all claims by laborers and material suppliers have been paid and a release of claims has been provided to the Town.

Notice to the Surety shall be sufficient if sent by certified mail to the individual named below at the following address:

Name and Title

Address

IN TESTIMONY WHEREOF, Principal has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its duly authorized officers and Surety has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its Attorney-in-Fact, duly authorized hereunto so to do, the day and year first above written.

PERFORMANCE BOND

KNOW ALL PERSONS BY THESE PRESENTS, that on this ______ day of _____________, 20____, we _______________________________________ (“the Contractor”) as Principal, and _____________________________________________________ (Bonding Company) as Surety, are held and firmly bound unto Chesapeake Beach (“the Town”), in the penal sum of _________________________________________________________ Dollars ($_______) for payment of which sum well and truly to be made, we bind ourselves, our officers, agents, administrators, trustees, and successors, jointly and severally, firmly by these presents.

WHEREAS, the Principal entered a Contract (“the Contract”) with the Town dated ___________ 20___, concerning the ___________________________________ (“the Project").

NOW, THEREFORE, the condition of this obligation is such that if the Contractor shall in all respects well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said Contract and the Project during the term of said Contract and any extension thereof granted by the Town, and during the life of any guaranty required under the Contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said Contract that may hereafter be made and shall save harmless the Town from any expense incurred through the failure of the Principal, its agents and servants, to complete the work as required by the Contract, or any authorized modifications thereof, or from any damages growing out of negligence or other misconduct of the Principal, or its agents, servants, or employees then this obligation shall be null and void and otherwise to be and shall remain in full force and effect until the requirements of the Contract and the Project have been fully completed and approved or accepted by the Town.

Any modification made by agreement by and between Principal and Town in terms of the Contract or the nature or scope of the Project, or the giving to the Principal or its officers, agents, employees, successors or assigns any extension of time on the part of Principal to be performed or any forbearance on the part of the Town to Principal, its officers, employees, successors and assigns shall not in any way release Principal or Surety in this Bond

This Performance Bond will be held by the Town until the expiration of three (3) years after the date of final acceptance of the work under the Contract. Any reduction or release of this Performance Bond shall be in accordance with the terms of any applicable Public Works Agreement and in the discretion of the Town.

Notice to the Surety shall be sufficient if sent by certified mail to the individual named below at the following address:

Name and Title

IN TESTIMONY WHEREOF, Principal has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its duly authorized officers and Surety has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its Attorney-in-Fact, duly authorized hereunto so to do, the day and year first above written.

Principal (Typed Name)

__________________________ __________________________________(SEAL)

Witness Principal

(SEAL) Witness Corporate Surety

By: ______________________________________ Attorney in Fact

Provide Name, Address, and telephone number of Branch Office or Resident agent to be contacted in the event action is required on the Bonds supplied, together with signature of Resident Agent.

Firm Name: _______________________________________________

Address: _________________________________________________

Telephone w/Area Code _____________________________________

Signature/Resident Agent: ___________________________________________

Date: ________________________ Registration No. _________________________

Equal Opportunity Employer And

Drug Free Workplace Certification

I hereby affirm that this Company does not discriminate in any manner against any employee or applicant for employment because of age, race, national origin or ethnicity, sex, pregnancy, gender identity, or family status, age, religion, or disability, or any other class protected by law.

I hereby affirm that this Company complies with all applicable federal, state and local laws and policies regarding the use of drugs and alcohol and regarding a smoke-free workplace.

Bidder: __________________________________________ Type/Print Name of Firm

Address: ______________________________________________________________

City/State/Zip Code: _____________________________________________________

By: _______________________________________ Signature of Person Authorized to Sign Bid

Type/Print Name and Title of Person Authorized to Sign Bid

CHESAPEAKE BEACH

AFFIDAVIT OF PUBLIC CONTRACTING ELIGIBILITY

The Bidder/Offeror represents, and it is a condition of the acceptance of this bid, that the Bidder/Offeror has not been a party with other bidders to any agreement to bid a fixed or uniform price. The bidder also represents that none of its officers, directors, partners, or employees who are directly involved in obtaining or performing contracts with any public bodies has:

(1) been convicted of bribery, attempted bribery, or conspiracy to bribe, under the laws of any state or of the federal government;

(2) been convicted under a State or federal law or statute of any offense enumerated in Md. Code Ann., State Fin. and Proc. §16-203; or

(3) been found civilly liable under a State or federal antitrust statute as provided in Md. Code Ann., State Fin. and Proc., §16-203.

The Bidder/Offeror warrants that it has not been debarred or suspended under Md. Code Ann., State Fin. and Proc., Title 16 Subtitle 3 and that it shall not knowingly enter into a contract with a public body under which a person or business debarred or suspended under Md. Code Ann., State Fin. and Proc., Title 16, Subtitle 3 will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction.

The Bidder/Offeror further certifies that, in accordance with Md. Code Ann., State Fin. and Proc. Article, §17-705:

(i) It is not identified on the list created by the Board of Public Works as a person engaging in investment activities in Iran as described in §17-702 of the State Finance & Procurement Article (See:

http://bpw.maryland.gov/Pages/debarments.aspx); and

(ii) It is not engaging in investment activities in Iran as described in State Finance & Procurement Article, §17-702.1

The Bidder/Offeror and/or any person signing on its behalf acknowledges that all documents, information and data submitted in its Bid/Proposal shall be treated as public information unless otherwise indicated.

ATTEST/WITNESS

Name of Bidder-Type/Print

By: _____________________________________ Signature of Person Authorized to Sign

Name and Title of Signatory (Type or Print)

STATE OF _________________________

COUNTY OF _________________________________, TO WIT:

On this _____ day of _________________ 20 ___, before the undersigned officer, personally appeared _________________________________________, known to me or satisfactorily proven to be the person whose name is subscribed on the foregoing instrument for the purposes therein contained.

IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year aforesaid.

Notary Public My Commission Expires: ______________

AGREEMENT

THIS AGREEMENT is made this ______ day of _______________, 20___, by

Chesapeake Beach (“the Town”), a municipal corporation of the State of Maryland, and

____________________________________ (“the Contractor”), a corporation organized under the laws of the State of ____________.

In consideration of the mutual covenants and obligations contained herein, the sufficiency of which is hereby acknowledged, the Town and the Contractor hereby agree as follows:

1. Services Provided:

A. The Contractor shall provide the following services for the Town: Biosolid Sludge

Removal (“the Services”). The Services shall be provided as detailed in the following enumerated documents, which in addition to this Agreement form the contract, and they are incorporated herein to the same extent as if attached thereto, except that the Contractor’s

Proposal is incorporated only as to the scope of work, the pricing proposal, and any warranties or representations about the nature or quality of the services or equipment to be provided contained herein.

1) Request for Proposals, dated ________

2) Instructions to Bidders

3) General Conditions

4) Bid Schedule & Bid Form, dated ________

5) Equal Opportunity Employer & Drug Free Workplace Certification

6) Affidavit of Public Contracting Eligibility

7) Reference List

8) Performance Bond

9) Payment Bond

10) Notice of Award

11) Insurance Certificate

B. The Contractor shall perform the Services as requested by the Town commencing within fifteen days of notice to proceed and completing the work within 90 calendar days after commencement.

C. Time is of the essence in the completion of this contract.

D. The Contractor will furnish all equipment (the “Contractor’s Equipment”) needed to perform the Services.

2. Fees: The Town hereby agrees to pay the Contractor as full consideration for the

Contractor’s satisfactory performance of its obligations under this Agreement the sum of

($__________) payable in the following manner: monthly within thirty (30) days of the

Town’s receipt of an invoice for services satisfactorily rendered in the preceding month.

3. Binding Effect of Agreement: This Agreement shall be binding upon all parties hereto and their respective officers, trustees, successors, and assigns.

4. Political Contributions: If this contract involves cumulative consideration of at least

$200,000, the Contractor shall file with the State Board of Elections a statement under oath containing: (i) the name of each candidate, if any, to whom one or more applicable contributions in a cumulative amount of $500 or more were made during the reporting period; (ii) the office sought by each candidate; (iii) the amount of aggregate contributions made to each candidate; (iv) the name of each unit of a governmental entity with which the person did public business during the reporting period; (v) the nature and amount of public business done with the Town; and (vi) if the contract or the contribution is attributed to another person who is filing the statement, the name of the contracting entity or the person who made the contribution and the relationship of that person to the person filing the statement. The Contractor’s initial statement shall be filed at that time of the inception of the contract, and shall cover the preceding 24 months, and the Contractor shall thereafter file a semi-annual statement, for the six months ending on January 31 or July 31 of every year, for each reporting period during which performance remains uncompleted on the contract, and shall be filed within 5 days after the end of the applicable reporting period.

5. Notices: All notices or other communications required hereunder shall be in writing and delivered by email and either (a) by hand or (b) by mail, postage prepaid, addressed as follows:

To the Town: Dr. Samelia Okpodu, Town Administrator

Town of Chesapeake Beach 8200 Bayside Road Chesapeake Beach, MD 27032 sokpodu@chesapeakebeachmd.gov

With a copy to: Elissa D. Levan, Town Attorney Levan Ruff LLC 2007 Tidewater Colony Drive Annapolis, Maryland 21401 elevan@levanruff.com

To Contractor: __________________________

6. Other Payments, Taxes, Expenses:

A. Except as may be specifically agreed upon by the parties in writing, the Contractor shall be entitled to no fees, bonuses, contingent payments, or any other amount in connection with the services to be rendered or materials provided hereunder. The parties hereto further agree that the Town shall have no obligation to reimburse, pay directly or otherwise satisfy any expenses of the Contractor in connection with the performance of its obligations under this Agreement, including, but not limited to, the cost of any insurance or license fees, overhead, mileage, copying, faxes, telephone calls, and other routine office expenses. The fees payable hereunder shall be paid in gross amount, without reduction for any Federal or State withholding or other payroll taxes, or any other governmental taxes or charges.

B. The Contractor is an independent contractor of the Town and is therefore responsible for directly assuming and remitting any applicable Federal or State withholding taxes, estimated tax payments, or any other fees, taxes or expenses whatsoever. If the Contractor is deemed not to be an independent contractor by any government agency, the Contractor agrees to indemnify and hold harmless the

Town for all fees, costs and expenses, including but not limited to, attorneys’ fees, incurred thereby.

7. Insurance: The Contractor covenants to maintain the insurance coverages set forth herein.

The Contractor shall provide Certificates of Insurance evidencing such coverages together with its signed Agreement. The Certificates of Insurance shall be on an occurrences basis, shall name the Town as an additional insured, and shall provide either that (a) the Town shall be given at least thirty (30) days prior written notice of the cancellation of, intention not to renew, or material change in the coverage or (b) the Town shall be given such notice of the cancellation of, intention not to renew, or material change in the coverage as is required by the terms of the Contractor’s policy or policies of insurance, and provide copies of the relevant policies to the Town with the Certificates. All insurance shall include completed operations and contractual liability coverage. Provision of any insurance required herein does not relieve the Contractor of any of the responsibilities or obligations assumed by the Contractor in the contract awarded, or for which the Contractor may be liable by law or otherwise.

A. Workers’ Compensation Insurance: The Contractor shall comply with the requirements and benefits established by the State of Maryland for the provision of

Workers’ Compensation Insurance. If the Contractor is an entity eligible to elect an exemption for officers or other employees under any provisions of the Maryland

Workers Compensation Act, Md. Code Ann., Lab. & Emp. Art., § 9-101 et seq., the

Contractor is required to submit a copy of the relevant Workers’ Compensation

Commission form with proof of filing.

B. Comprehensive General Liability Insurance: The Contractor shall provide general liability insurance in the following amounts:

1. Personal injury liability insurance with a limit of $1,000,000.00 for each occurrence and $1,000,000.00 aggregate, where insurance aggregates apply;

2. Property damage liability insurance with limits of $250,000.00 for each occurrence and $500,000.00 aggregate, where aggregates apply.

C. Automobile Liability Insurance. Motor vehicle insurance meeting the requirements of Maryland law and covering every vehicle and driver involved in providing the services, in the following amounts:

1. Bodily injury liability with limits of $500,000.00 each person and

$1,000,000.00 each accident;

2. Property damage liability with a limit of $100,000 each accident.

8. Doing Business in Maryland: The Contractor warrants and represents that it has paid all taxes, fees and charges owed by it to any governmental entity. In addition, it warrants and represents that any business entity with which it is affiliated or has been affiliated has paid all taxes, fees and charges owed by it to any governmental agency accrued during any period during which the Contractor was affiliated with the entity. The Contractor warrants and represents that it (1) is either (a) incorporated in Maryland or (b) registered or qualified by the Maryland State Department of Assessments and Taxation (SDAT) as required by the Maryland Annotated Code, Corps. & Assocs. Article, to do business in Maryland and

(2) is in good standing with SDAT.

9. Performance and Payment Bonds: Performance bond in the amount of 100% of contract amount and payment bond in the amount of 50% of contract amount are required.

10. Compliance with Laws: The Contractor shall, without any additional expense to the

Town, be responsible for complying with all applicable laws, codes and regulations in connection with the services provided by the Contractor, including but not limited to obtaining any licenses required by the Contractor to perform the Services.

11. Indemnification: The Contractor shall be responsible for and indemnify and defend the

Town and hold it harmless from and against all claims for loss, personal injury and/or property damage, including but not limited to, attorneys’ fees and any other costs incurred by the Town in defending any such claim, that may be suffered as a result of the

Contractor’s negligence or willful misconduct, or that of its officers, agents, employees or subcontractors, arising from or connected to the performance of the Services, any failure of the materials supplied under this contract, and any failure by the Contractor to perform the obligations of this Agreement. This indemnification includes claims for loss or damage to the Contractor’s property located or stored on site.

12. Not Assignable: The Contractor shall not assign or transfer any interest or claim under this Agreement except as may be agreed upon and authorized in writing by the Town and no contract shall be made by the Contractor with any other party for furnishing any of the services herein contracted for without the prior approval of the Town.

13. Relief: In the event of a breach or threatened breach of this Agreement by the Contractor, the Contractor consents to the Town’s entitlement to such ex parte, preliminary, interlocutory, temporary or permanent injunctive, or any other equitable relief, protecting and fully enforcing the Town’s rights hereunder and preventing the Contractor from further breaching any of its obligations set forth herein. The Contractor expressly waives any requirement based on any statute, rule of procedure, or other source, that the Town post a bond as a condition of obtaining any of the above-described remedies. Nothing herein shall be construed as prohibiting the Town from pursuing any other remedies available to the

Town at law or in equity for such breach or threatened breach, including the recovery of damages from the Contractor.

14. Town’s Right to Terminate:

A. This Agreement may be terminated by the Town for the convenience of the Town by written notice to the Contractor specifying the termination date of the Agreement.

B. In the event of termination that is not the fault of the Contractor, the Town shall pay to the

Contractor the compensation properly due on work performed for Services properly performed prior to the effective date of the termination.

C. In the event the Contractor breaches or defaults upon its obligations hereunder, or through any cause fails to perform any of the terms, covenants, or provisions of this Contract, or for any cause fails to make progress in work hereunder in a reasonable manner, or if the…