Chevy Chase Village-Consulting Engineering Bid Packet.pdf

Chevy Chase Village

Request for Proposals

Consulting Engineering Services

Questions regarding this Invitation for Bids shall be made in writing to the attention of Jacqueline Parker, Director of Municipal Operations via e-mail at jacqueline.parker@montgomerycountymd.gov

Questions may be submitted no later than

Tuesday, August 11, 2026, at 2:00 p.m.

All Bids must be delivered electronically to Ms. Jacqueline Parker at jacqueline.parker@montgomerycountymd.gov no later than

2:00 p.m. on Thursday, August 20, 2026.

Chevy Chase Village is an Equal Opportunity Employer mailto:jacqueline.parker@montgomerycountymd.gov

Request for Proposals

CHEVY CHASE VILLAGE

Enclosed is a request to submit a Proposal to provide consulting engineering services within Chevy Chase Village.

Chevy Chase Village (the “Village”) is an incorporated municipality within

Montgomery County, Maryland. The Village covers a geographic area of approximately

0.4 square miles, as reflected in the map attached hereto as Attachment H.

This Request for Proposals packet includes the following documents. It is the prospective bidder’s sole responsibility to inquire about any documents it detects as missing from this Invitation.

• Request for Proposals (1 page)

• Attachment A: Instructions to Bidders

• Attachment B: Scope of Work

• Attachment C: Sample Contract

• Attachment D: Bid Sheet/Unit Price Schedule

• Attachment E: Non-Collusion Affidavit

• Attachment F: Affidavit with Respect to Non-Conviction, Non-Suspension and False Pretenses

• Attachment G: Wage Certification

• Attachment H: Village Map

All bids must be delivered electronically to Ms. Jacqueline Parker, Director of

Municipal Operations, no later than 2:00 p.m. on Thursday, August 20, 2026, and must comply with the Instructions to Bidders and Scope of Work attached hereto as Attachments

A and B respectively.

Questions regarding this Request for Proposals shall be made in writing to the attention of Jacqueline Parker, Director of Municipal Operations via e-mail jacqueline.parker@montgomerycountymd.gov. Questions must be submitted no later than Tuesday, August11 at 2:00 p.m. NO PRE-BID MEETING WILL BE HELD.

Chevy Chase Village is an Equal Opportunity Employer. Discrimination based on age, race, sex, handicap, national origin or other unlawful basis is expressly prohibited.

ATTACHMENT A

Instructions to Bidders

CHEVY CHASE VILLAGE

Instructions to Bidders

1. TIME FOR SUBMISSION OF BIDS. Bids must be delivered electronically to Jacqueline

Parker at jacqueline.parker@montgomerycountymd.gov. All bids must be received no later than

Thursday, August 20, 2026, at 2:00 P.M. EST. Bids will be opened and read aloud by conference call at 2:30 p.m. EST. The call-in number and access code will be posted on the Village website at least 5 days before the bid opening. Bids received after the deadline will not be considered. Only electronic submissions will receive formal consideration. It is the Bidder’s responsibility to ensure that a bid is received electronically by the Village in a timely manner.

2. BIDS. Bids must contain the signature of an individual authorized to bind the Bidder, in the space provided. All bids must be organized as outlined below, and, at a minimum, must contain the following information:

A. Cover Page / Letter of Interest – A cover page that includes the following information:

i. Bidder’s name and mailing address;

ii. Bidder’s current legal status (e.g., corporation, partnership, sole proprietor);

iii. General description of the Bidder, including the Bidder’s size, professional capabilities, key staff, organizational structure, and interest in the project;

iv. Contact person’s name, title, phone number, fax number and e-mail address; and

v. PDF of original signature of authorized officer of the Bidder.

B. Related Experience – Description of relevant experience in the performance of

Engineering Services including relevant experience as more specifically described in the

Scope of Work (Attachment B) for municipal and other government agencies which the

Bidder believes may be relevant for consideration for this Contract.

C. References - Bidders must submit a list of at least three (3) former or current clients for whom the Bidder has or is currently performing services that are substantially similar to the Services requested herein. Bidder must submit contact information for each reference and a description of the relevant qualifications and the scope of work undertaken for each.

D. Key Personnel – Bidders must identify an employee of the Bidder who will be designated as the point of contact for any and all inquiries by the Village, and also must identify a replacement for such employee(s) in the event the Village requests such replacement or such employee(s) becomes unavailable to continue work on the project for any reason.

E. Pricing Bid – Bidders must include in their bid pricing for all items listed in Attachment D.

Failure to provide pricing for ALL items may result in the disqualification and rejection of the Bid.

The contents of the bid and any clarification to the contents submitted by the successful bidder become part of the contractual obligation and will be incorporated by reference into the contractual agreement entered into between the Village and the successful bidder. If selected, the successful bidder will be expected to enter into and abide by the terms and conditions set forth in the proposed Contract for Services attached to the Request for Proposals (RFP) as

Attachment C.

Failure to address ALL items may result in the disqualification and rejection of the Bid.

The Village reserves the right to request more detailed information in any one or more of the above categories from one or more Bidder(s) before final selection is made. Following review of written

Bids submitted, the Village, in its discretion, may request that some or all of the Bidders appear before the Village Manager and/or her staff in person or by video conference to make a presentation and answer any questions the Village may have with respect to the Bid or the Bidder’s qualifications for this project. The Village reserves the right not to invite any bidder to make a formal presentation to the Village, and instead may select a successful bidder based only on the information contained in any written bid

The successful Bidder’s response to this RFP shall become part of the Contract Documents.

This procurement is subject to the provisions of the Village Procurement and Disposition

Ordinance (Chapter 24 of the Chevy Chase Village Code, which can be viewed online at www.chevychasevillagemd.gov).

3. FURTHER INFORMATION. NO PRE-BID MEETING WILL BE HELD FOR THIS

PROJECT. Any questions regarding the contractual terms or technical requirements of this

Request for Proposals (RFP) shall be made in writing to the attention of Jacqueline Parker, Project

Manager, Chevy Chase Village. Ms. Parker may be contacted via e-mail at jacqueline.parker@montgomerycountymd.gov. Questions must be submitted no later than

Tuesday, August 11, 2026, at 2:00 p.m. EST. A receipt will be sent via email. Responses to all questions received will be sent by email to all known bidders and will be posted to the eMaryland

Marketplace procurement website by Friday, August 14, 2026, at 4:00 P.M. EST.

4. EVALUATION CRITERIA/REJECTION OF BIDS. The submission of a bid shall not be construed as an agreement of any type with the Village. The Village reserves the right, in its sole discretion, to reject any and all bids in whole or in part and to waive any and all formalities, to negotiate modifications of bids submitted, and to negotiate specific work elements with a bidder into a project of lesser or greater magnitude than described in the bid documents or in the bidder’s reply, as may best serve the interests of the Village. Bids will first be examined to eliminate those which do not respond to stated requirements and to identify the several most promising responses.

Once a bidder has been selected, the Village Manager will request authority from the Village Board of Managers to enter into a contract with the successful bidder. The Village anticipates that its review process will be completed, and a request will be made to the Board of Managers for contract authorization by Monday, September 14, 2026. Contract award will occur no earlier than Monday, September 14, 2026. If a contract for any reason cannot be negotiated, another bidder will be selected as the apparent successful bidder. Bids will be evaluated using a predetermined method to ascertain which bidder best meets the needs of the Village. Evaluation considerations will include but not be limited to the following:

a. Responsiveness of the bid in clearly stating the understanding of the work to be performed.

b. Technical experience of the bidder (as a company).

c. Technical experience of the bidder’s personnel.

d. Favorable assessment of the bidder’s services by other clients with similar needs.

e. Cost. Although a significant factor, cost may not be the dominant factor. Cost is particularly important when all the other evaluation criteria are relatively equal.

5. AWARD. Award will be made to the responsive and responsible bidder, complying with all provisions of the Invitation for Bids whose proposal is determined to be the most advantageous to the Village taking into consideration price and the evaluation criteria specified herein. The Village reserves the right to award by individual commodities/services, group, all or none or any combination thereof. Unless specified to the contrary, when a group is specified, all items in the group must be bid.

6. REGISTRATION IN MARYLAND. Companies not organized under the laws of the State of Maryland must be in compliance with the applicable provisions of Title 21 (State

Procurement Regulations) of the Code of Maryland Regulations in order to enter into a contract with the Village. Pursuant to Section 7-201 et seq. of the Corporations and Associations Article, Annotated Code of Maryland, companies not organized in the State shall be registered or qualified, as required, with the State Department of Assessments and Taxation, 301 West Preston Street, Baltimore, Maryland 21201 before doing business in this State.

7. IDENTIFICATION. Bidders must supply with their bids their:

a. U.S. Treasury Department Employer Identification Number (EIN);

b. State of Maryland Employer Identification Number; and

c. Certificate of Good Standing, if the bidder is a corporation, limited liability company, or other business entity.

8. LICENSES. The successful bidder shall possess and keep all necessary licenses and permits valid for the entire duration of the term of the contract or any renewals thereof and promptly provide evidence of such renewals to the Village.

9. DEBARRED CONTRACTORS PROHIBITED. Bidders must be qualified to bid in the State in accordance with Section 16-202 of the State Finance and Procurement Article of the

Annotated Code of Maryland which provides that any person convicted of bribery, or conspiracy to bribe, committed in furtherance of obtaining a contract from a public body shall be disqualified from entering into a contract with the Village.

10. CAPACITY TO PERFORM. The bidder, by submitting its bid, represents that all equipment necessary for providing the described services is in working order, that materials needed are now in stock or will be available so as not to delay timely performance, and that all personnel needed are available or will be available by the date work is to commence.

11. MATERIALS TO BE SUBMITTED WITH BID. The following forms must be returned with the bid:

a) Non-collusion affidavit (Attachment E)

b) Affidavit with Respect to Non-Conviction, Non-Suspension and False Pretenses

(Attachment F)

c) Completed Attachment D, including Bid Sheet / Unit Price Schedule and

Affirmation of proposal

d) Subcontracting Information, as described in Item 24 of this Instructions to Bidders

e) A brief description of similar projects which the bidder has successfully completed, together with the names and direct telephone numbers of references for the similar projects cited

f) Any other information as to reputation, stability, capability and equipment, as well as current commitments to others as may be requested by the Village

12. LATE BIDS. It is the bidder’s responsibility to assure that its bid is electronically delivered to the Village Hall by the deadline for submissions contained herein. Bids received after the deadline will not be considered. It is neither the Village’s responsibility nor practice to acknowledge receipt of any bid.

13. ERRORS IN BIDS. When an error is made in extending total prices, the unit price will govern. Erasures in bids must be initialed by the bidder. Carelessness in quoting prices or services, or otherwise in the preparation of the bid, will not relieve the bidder. Errors discovered after opening the any bid cannot be corrected and the bidder will be required to perform if the bid is accepted. Failure of the bidder to thoroughly understand all aspects of the invitation or to become familiar with all conditions which may affect performance before submitting a bid will not act as an excuse to permit withdrawal of the bid nor secure relief on pleas of error.

14. BID PROTEST. Any bidder, offeror, or contractor who is aggrieved in connection with the solicitation or award of a contract must first seek resolution of such complaint by submitting a protest to the Village Manager. If this effort fails to resolve the complaint, the aggrieved party may protest to the Board of Managers in writing. A protest with respect to an invitation for bids or request for proposals shall be submitted prior to the opening of bids or the proposals, unless the protestor did not know and did not have reason to know of the facts giving rise to the protest until after such date, in which case the protest must be submitted within ten (10) calendar days after the facts became known, but in no event after the execution of a binding contract with the successful bidder.

In the event of a timely protest as described above, procurement shall not proceed further until the dispute is resolved or until the Village Manager makes a determination on the record that the award of a contract without delay is necessary to protect substantial interests of the Village.

15. ACCURATE INFORMATION. The bidder certifies that all information provided in response to the invitation or that will be provided to the Village is true and correct and can be relied upon by the Village in awarding, modifying, accepting services, making payments, or taking any other action with respect to the contract. Any false or misleading information is a ground for the Village to reject a bid or to terminate the contract between the Village and the successful bidder and to pursue any other appropriate remedy.

16. QUALIFICATION OF BIDDER. The Village shall have the right to take such steps as it deems necessary to determine the responsibility of the bidder to perform the obligations under the contract and the bidder shall furnish to the Village all such information for this purpose as the Village may request. The Village reserves the right to reject any bid where an investigation of available evidence or information does not satisfy the Village that the bidder is qualified to carry out the terms of the contract.

17. ADDENDA. All addenda issued after the Invitation for Bids and before the opening of bids shall be acknowledged in the bid and shall become a part of the contract. Bidders are required to acknowledge the addenda by one of the following methods:

a. List the number of the addenda on the bid sheet; or

b. Return a copy of the addenda with the bid.

It is the responsibility of the bidder to make inquiry as to addenda issued.

18. AGREEMENT. The successful bidder shall be required to complete a two-party contract in a form substantially similar to the sample contract attached to the Invitation for Bids as

Attachment C within ten days of notice of award. The terms and conditions in this RFP shall be incorporated into the contract and shall be binding on the successful Bidder. Any proposed modifications or objections to the contract shall be submitted by the bidder as part of its response to this RFP. No proposed modifications or objections to the contract will be accepted after the bid deadline. If the successful bidder fails to execute the contract, the award may be annulled and the contract awarded to the second lowest responsive bidder, and such bidder shall fulfill every stipulation embraced herein, as if it were the original party to whom the award was made, or the Village may reject all of the bids, as its interest may require.

19. INDEPENDENT CONTRACTOR. The successful bidder shall perform approved services and supply materials under the contract as an independent contractor and not as an employee or agent of the Village.

20. PRICES. Bids must be submitted on a firm fixed price, unless otherwise specified.

21. DISCOUNTS. All discounts other than prompt payment are to be included in the bid price. Cash discounts will not be considered in determining the lowest net costs for bid evaluation purposes.

22. INSURANCE. The successful bidder, within ten (10) days following award and prior to commencement of any approved work, shall furnish to the Village proof of insurance of at least the kinds and minimum amounts set forth in the specimen contract attached.

23. SUBCONTRACTING. When allowed, bidders who intend to subcontract any portion of the work including delivery, installation or maintenance will submit with their bid: 1) a description of the items to be subcontracted; 2) all subcontractor names, addresses and telephone numbers; and 3) the qualifications of the subcontractor(s). If subcontractors are identified, the contractor shall not be relieved from the prime responsibility of full and complete performance under any awarded contract. There shall be no contractual relationship between the Village and any subcontractor.

24. INTERPRETATION. Any questions concerning conditions and specifications shall be directed in writing to Jacqueline Parker at jacqueline.parker@montgomerycountymd.gov.

No interpretation shall be considered binding unless provided in writing by Ms. Parker. The submission of a bid shall be prima facie evidence that bidders thoroughly understand all the bid documents.

The successful bidder shall take no advantage of any error or omission in any of the bid documents. The Village shall make such corrections and interpretations as may be deemed necessary and that decision shall be final.

25. LEGAL REQUIREMENTS.

The successful bidder shall observe and comply with all Federal, State, County and local laws, ordinances and regulations that affect the work to be done and the materials, equipment, supplies and services to be provided.

26. RESERVATIONS. The Village reserves, in its sole discretion, the right to add or delete any items from the project in whole or in part without affecting the bid prices for any item or remaining work. Any unit prices submitted in the bid shall not be increased or decreased regardless of changes in quantity.

27. CONTRACT AWARD. It is expected that the contract will be awarded by

Monday, September 14, 2026. Time is of the essence as to the successful Bidder’s performance under the awarded contract.

28. WAGE RATES. Effective July 1, 2026, through June 30, 2027, the wage rate payable to contractor and sub-contractor employees performing work under this Contract is $18.55 per hour. The minimum hourly wage rate payable to contractor and sub-contractor employees performing work under this Contract shall be adjusted on July 1 of each year of the initial and extended contract term, beginning July 1, 2027, as calculated by the Village pursuant to Section

11B-33A of the Montgomery County Code. The successful bidder must submit Attachment G, Wage Certification, once selected. Thereafter, the Contractor must submit an annual Wage

Requirement Payroll Report only when requested to do so by the Village for the preceding calendar year. The standard report form and instructions are included in Attachment G, Wage Certification.

ATTACHMENT B

Scope of Work

- 1 -

1. DEFINITIONS

A. Village: Chevy Chase Village, Chevy Chase, Maryland. An incorporated

Municipality in Montgomery County, Maryland.

B. Contractor: the corporation, company, partnership, or other entity or individual, which enters into this Contract with the Village.

C. Manager: the individual employed by the Village responsible for management and operations of the Village government.

D. Village Project Manager: the individual employed by the Village responsible for the management and oversight for all worked performed under the Contract.

E. Contract: the Contract agreement which the successful bidder will be required to sign following its selection for consulting engineering services.

2. GENERAL CONTRACT TERMS

A. The Village estimates a total of approximately 300 hours of consulting engineering services related to various matters including but not limited to storm water drainage/runoff on private and public property, traffic engineering and planning and surveying, will be contracted per fiscal year (July 1 – June 30) based on specified hourly rates as outlined in the Contractor submitted proposal.

B. The Contractor is required to furnish the necessary supervision, crew(s), equipment, materials and supplies required for the efficient and safe execution of the duties as defined below and ordered pursuant to the Contract.

C. The Contractor shall not assign any minors or undocumented aliens for the performance of work under the Contract.

D. Work under the Contract shall be performed only after receiving a written notice to proceed from the Village Project Manager.

E. The Manager reserves the right to engage contractors outside the Contract at any time it is found to be in the best interest of the Village.

F. The Contractor shall, when requested by the Village Project Manager, provide its best estimate of the labor, equipment and material costs necessary to complete a specific job.

- 2 -

3. CONSULTING ENGINEERING SERVICES

A. Serve as the Village’s consulting engineer when requested by the Village to advise Village personnel or conduct various engineering services including but not limited to storm water drainage/runoff matters on private and public property, traffic engineering and planning and surveying. A map of the Village is attached hereto as Attachment H.

B. Specific responsibilities may include, but are not limited to, the following:

1. Water Drainage:

a. Review and make recommendations on storm water drainage plans and storm water management improvements submitted to the

Village for permitting and recommend individual site modifications and design of facilities. All reviews must be completed in accordance with both Montgomery County and

Chevy Chase Village Codes.

b. As directed by the Village Project Manager, meet with applicants and their design engineer(s) regarding design and installation of proposed storm water management facilities.

c. Consult with Village staff and provide recommendations on storm water management and mitigation issues on Village owned/controlled and maintained land.

2. Traffic Engineering and Planning:

a. Assist and provide guidance to Village staff in reviewing requests for traffic control signage such as stop sign requests, speed limit modifications and parking restrictions.

b. Assist and provide guidance to Village staff in evaluating the installation of various traffic calming measures such as speed bumps, intersection modifications and traffic flow pattern changes.

3. Surveying:

a. Conduct metes and bounds and asset surveys and draft survey plats/plans of Village rights-of-way, parks, parcels or greenspace to confirm property boundaries or to support various Village projects.

4. As requested, advise the Village Board of Managers and attend Board meetings. (Meetings typically begin at 7:30 p.m.)

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4. SERVICES TO VILLAGE RESIDENTS

A. Chevy Chase Village residents’ rights to quiet enjoyment of their homes are a priority under the contract.

B. In no case is any special accommodation to be made for compensation from a resident or other party to the Contractor or the Contractor’s workers. Any requests of this type are to be reported directly and promptly to the Village Project

Manager.

5. BILLING RULES AND METHODS OF PAYMENT

A. Only the performance time of the Contractor and Contractor’s other employees providing services to the Village is to be billed to the Village at the agreed upon rates in the Contractor’ final submitted rate sheet.

B. Billable hours shall not include travel time, or allowances for training, preparation, maintenance, lunch, rest, equipment breakdowns and the like, which are not compensable under the Contract.

C. Reimbursables, if required, such as printing and delivery costs are eligible for payment.

D. The Contractor shall submit monthly invoices with supporting documentation outlining the work performed.

E. All such invoices shall be addressed to the Village Project Manager, who shall either notify the Contractor of any errors or process the statement for payment within thirty (30) days of receipt of the statement.

6. RECORD RETENTION AND AUDIT

A. The Contractor must maintain personnel time sheets and corresponding payroll records for the entire period of the Contract and for no less than three (3) years thereafter.

B. The Village Project Manager may, no less than ten (10) days following notice to the Contractor, examine such billing back-up reports, sheets and records at the

Contractor’s place of business or require that they be brought to the Village office during normal business hours.

7. PERFORMANCE ONLY BY CONTRACTOR

No assignment by the Contractor of the contract may be made to other contractors or subcontractors without prior written approval of the Manager.

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8. PRICING PROPOSAL

Proposers must provide hourly rates for all items listed below. Failure to respond to any or all of the items may result in the disqualification and rejection of the proposal.

1. Hydrologic Engineer

2. Traffic Engineer

3. Survey Crew (2-man)

4. CADD Technician

5. Project Manager

6. Senior Manager

7. Professional Surveyor

8. Survey Technician

9. DURATION OF CONTRACT AND RENEWAL

The initial period to be covered by this contract will be from the date of the execution of the contract until September 30, 2029.

At the end of the initial contract term, the contract may be extended on the same terms and conditions by the Village, in its sole discretion, for up to two (2) additional, consecutive one (1) year terms (“Extended Terms”). The hourly rates bid shall apply throughout the initial term and any extensions thereof, except as otherwise required herein.

For an Extended Term only, the rate schedule on the Contractors Bid Sheet

(Attachment D) shall be adjusted annually on July 1 to reflect any increase or decrease in the CPI-U, measured from the January of the prior contract year to the January of the current contract year (e.g., the change in the CPI-U from January 2026 to January

2027 would apply to the contract prices for the year starting July 1, 2027). The CPI will be rounded to the nearest tenth of a percentage point.

10. PROPOSALS BINDING FOR 180 DAYS

Proposals shall remain binding for 180 calendar days after the date they are due.

ATTACHMENT C

Sample Contract

CONTRACT FOR SERVICES

This Contract for Services (“Contract”) made this ____ day of __________, 2026, by and between CHEVY CHASE VILLAGE, a municipal corporation organized and existing under the

Laws of Maryland, hereinafter referred to as the "VILLAGE", and ________________________ hereinafter referred to as the "CONTRACTOR".

WITNESSETH:

WHEREAS, the Contractor and the Village are collectively referred to herein as, the

“Parties”

WHEREAS, the Village desires to obtain services as more specifically described in the specifications identified as Exhibit 1 (the “Scope of Work”) and attached hereto; and

WHEREAS, the Village desires to retain the services of the Contractor to perform said services in accordance with the terms and conditions set forth herein; and

WHEREAS, the Contractor desires to provide these services to the Village.

NOW, THEREFORE, in consideration of the covenants and promises hereinafter set forth, the parties hereto agree as follows:

1. SCOPE OF WORK. The Contractor agrees to perform the Consulting

Engineering Services described in, and be bound by, the terms and conditions set forth in the specifications identified and attached hereto as Exhibit 1 (the “Scope of Work”) and incorporated herein by reference, provided, however, that in the event any terms or conditions of the Scope of

Work conflict with this Contract, the terms and conditions of the Contract shall prevail.

2. CONTRACT TERM. The work under this Contract must commence no later than the date of the executed contract through September 30, 2029. The Contract may be extended by the Village on the same terms and conditions, in its sole discretion, for up to two (2) additional terms of one (1) year each. Time is of the essence as to the Contractor's performance hereunder.

3. COMPENSATION. The Village agrees to pay to the Contractor in accordance with the hourly rates included in the Contractors Final Rate Sheet (Exhibit 2) for performance of the entire contract work. The hourly rates shall apply throughout the initial term and any extensions thereof, except as otherwise required herein. The Village shall pay the Contractor upon invoice submitted by Contractor at the end of each month’s work. No invoice shall contain a charge for any work that has not occurred. Payment shall be made by the Village within thirty (30) days of receipt of an invoice from the Contractor, unless a longer period is provided in the Scope of

Work.

4. LICENSES AND PERMITS. The Contractor will be responsible for obtaining any and all licenses and permits pertaining to performance of work under this Contract. The

Contractor shall possess and keep all licenses and permits valid for the entire duration of the term of the Contract or any renewals thereof and promptly provide evidence of such renewals to the

Village as appropriate.

5. CAPACITY TO PERFORM. The Contractor, by executing this contract, represents that all equipment and personnel necessary for providing the described services is in working order and available, that materials needed are now in stock or will be available so as not to delay timely performance, and that all personnel needed are available or will be available by the date work is to commence.

6. INDEPENDENT CONTRACTOR. The Contractor shall perform approved services under this Contract as an independent contractor and shall not be considered an agent of the Village nor shall any of the Contractor’s employees or agents be subagents of the Village.

7. INSURANCE.

a. Contractor will purchase and maintain during the entire term of this Contract, comprehensive general liability insurance, automobile liability insurance, professional errors and omissions and workers’ compensation insurance with limits of not less than those set forth below. On each policy, Contractor will name the Village as an additional insured, with the exception of the professional errors and omissions and workers compensation insurance and provide an additional insured endorsement.

i. Comprehensive General Liability Insurance:

(1) Personal injury liability insurance with a limit of $2,000,000 each occurrence/aggregate;

(2) Property damage liability insurance with limits of $2,000,000 each occurrence/aggregate.

All insurance shall include completed operations and contractual liability coverage.

ii. Automobile Liability Coverage: Automobile fleet insurance $1,000,000 for each occurrence/ aggregate; property damage - $500,000 for each occurrence/aggregate.)

iii. Professional Liability Insurance: The Contractor shall also provide proof of professional liability insurance in the amount of $1,000,000 for each occurrence/aggregate and shall provide to the Village certificates of insurance evidencing the same.

iv. Workers’ Compensation Insurance: Contractor shall comply with the requirements and benefits established by the State of Maryland for the provision of Workers’ Compensation insurance. Contractor shall provide workers’ compensation insurance meeting the statutory limits for Maryland and

Employers’ Liability limits of $500,000. All Corporations are required to provide Workers’ Compensation Certificates of Insurance.

Contractor covenants to maintain insurance, in these amounts, which will insure all activities undertaken by Contractor on behalf of the Village under this Agreement. Copies of the certificates of insurance and additional insured endorsements for all required coverage shall be furnished to the

Village within five (5) business days following the execution of this contract and prior to commencement of any work. The Village shall receive 30 days prior notice of any amendment, reduction or elimination of the insurance coverage required herein. The Village shall be included on such certificates of insurance, with the exception of the workers compensation insurance.

Provision of any insurance required herein does not relieve 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. Provision of such insurance is not intended in any way to waive the Village’s immunities or any damage limits applicable to municipal government as provided by law.

b. The Contractor shall also furnish to the Village a Certificate of Insurance and additional insured endorsement in like amounts for any approved sub-contractor prior to commencement of work in the Village.

c. All accidents resulting in injury to or death of persons or damage to property of others arising out of the performance, or suits instituted against the Contractor and/or Village arising out of such accidents shall be reported promptly to the Village Project Manager. So much of the moneys due or to become due the Contractor under this Contract, as may be considered necessary by the Village shall be retained until such suits or claims for damages have been settled or otherwise disposed of and satisfactory evidence to that effect is furnished to the Village.

8. OTHER PAYMENTS; EXPENSES; TAXES. The Village will not be responsible for any cost or expenses of operation of any kind associated with Contractor’s provision of services pursuant to this Contract, except as set out herein. Contractor shall be entitled to no fees, bonuses, contingent payments, or any other amount in connection with the services to be rendered hereunder except as set out herein. The parties hereto further agree that the Village shall have no obligation to reimburse, pay directly or otherwise satisfy any expenses of the Contractor in connection with the performance of his obligations under this Contract except as set out herein.

It is expressly understood and acknowledged by the parties hereto that the fees payable hereunder shall be paid in the gross amount, without reduction for any Federal or State withholding or other payroll taxes, or any other governmental taxes or charges. The parties hereto further recognize that Contractor, as an independent contractor of the Village, is responsible for directly assuming and remitting any applicable Federal or State withholding taxes, estimated tax payments, Social Security payments, unemployment compensation payments, and any other fees, taxes, and expenses whatsoever. In the event that Contractor is deemed not to be an independent contractor by any local, state or federal governmental agency, Contractor agrees to indemnify and hold harmless the Village for any and all fees, costs and expenses, including, but not limited to, attorney’s fees incurred thereby. The Village is a non-taxable entity. No sales tax is to be charged by the Contractor to the Village municipal government for supplies or materials furnished in the

- 4 -performance of work under this Contract. State of Maryland Sales Tax Exemption Certificate

No. 30042148, a copy of which is available to the Contractor.

9. PERSONNEL, EQUIPMENT AND MATERIALS. The Contractor shall furnish the necessary supervision, crew(s), the specified equipment and all materials and/or supplies, as may be required for efficient and safe execution of the services. Precaution shall be exercised at all times for the protection of persons and property during in the Village. 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, as published by the Associated General

Contractors of America, to the extent that such provisions are not inconsistent with applicable laws and regulations.

The Contractor shall, upon receipt of written notice from the Project Manager that he has not satisfactorily complied with the foregoing requirements, promptly take such measures and provide such means and labor to comply therewith as the Project Manager may reasonably direct. The Contractor shall not be relieved of his obligations under the Contract by any such notice or directions given by the Project Manager, or by his neglect, failure or refusal to give such notice or directions. In case the Contractor shall not comply with any order with respect to guarding the Work, or public and private properties, within 24 hours of receipt of written notice from the Project Manager, the Project Manager may provide the required protection and the cost thereof will be deducted from any monies due or to become due the Contractor under the

Contract Documents. The Contractor shall not be relieved of his obligations under the Contract

Documents by any such action of the Project Manager.

10. ENGLISH LANGUAGE. The Contractor shall appoint one or more crew members or supervisors to act as liaison with the Village and emergency service personnel. All liaisons shall be fluently bi-lingual in English and the Contractor's and/or sub-contractor's employees' language(s) and at least one liaison shall be present at each work site at all times when any of the Contractor's employees or agents are at the site.

11. TELEPHONE NUMBERS. The Contractor shall furnish the Village with the name and telephone number of the Contractor or of a representative who can be reached at such number during the business days and an emergency number where a representative can be reached at night or on weekends and holidays.

12. MATERIALS. All materials shall be new and free from defects. They shall be standard products of current manufacture. Unless otherwise noted in the specifications, the

Contractor shall abide by specific manufacturer instructions and recommendations on use and operation.

13. SUBCONTRACTING. None of the services covered by this Contract shall be subcontracted without the prior written consent of the Village. Any request for consent to subcontract any portion of the work shall include: 1) a description of the work to be subcontracted; 2) all subcontractor names, addresses and telephone numbers; and 3) the qualifications of the subcontractor. The Contractor shall be as fully responsible to the Village

- 5 -for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as it is for the acts and omissions of persons directly employed by the

Contractor. There shall be no contractual relationship between the Village and any subcontractor. The Contractor will require all subcontractors to have in effect at all times the same insurance coverage required herein for the Contractor for negligent acts, errors, and omissions of subcontractors and their employees and the Village shall be named as an additional insured.

14. ASSIGNMENT. This Contract shall be binding and inure to the benefit of all successors and permitted assigns of the parties hereto. Notwithstanding the foregoing, the

Contractor shall not assign or transfer any interest in this Contract without the prior written approval of the Village which may be withheld in the Village’s sole discretion. The Contractor shall not assign any monies due or to become due to him hereunder without the prior written consent of the Village.

15. CONFLICTS OF INTEREST. The Contractor covenants that it has presently no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance or services required to be performed under this Contract. The

Contractor further covenants that in the performance of this Contract, no person having any such interest shall be employed.

16. STANDARDS OF WORK. Contractor shall furnish efficient business administration and superintendence and shall use its best efforts to insure that the work performed under this Contract is completed in the best way and in the most expeditious and economical manner consistent with the Village’s best interests. All services shall be performed in a neat and workmanlike manner by trained and experienced personnel.

17. ACCEPTANCE AND PAYMENT. The Village will inspect all work in the performance under this Contract for compliance with specifications and in satisfactory condition. Except as provided elsewhere herein or in any addendum hereto, after the work is accepted by the Village, the Contractor shall submit a request for payment.

Work under the contract shall be billed in the month it is performed or furnished.

Acceptance of a monthly payment operates as a release by the Contractor of any claims against the Village, its’ officers, employees and agents, for non-payment for work performed or furnished in that month.

18. INVOICES. Requisitions for payment shall include a complete description of the services rendered and materials supplied by the Contractor, providing the dates services were rendered.

19. ACCURATE INFORMATION, ACCOUNTING AND AUDIT. The Contractor agrees that the work and records covered by this Contract will be subject to review, at all times, by representatives of the Village. The Contractor certifies that all information provided in response to the invitation for bids or that will be provided to the Village is true and correct and can be relied upon by the Village in awarding, modifying, accepting services, making payments,

- 6 -or taking any other action with respect to this contract. Any false or misleading information is a ground for the Village to terminate the Contract and to pursue any other appropriate remedy.

The Contractor certifies that its accounting system conforms to generally-accepted accounting principles, is sufficient to comply with the Contract's budgetary and financial obligations, and is sufficient to produce reliable financial information.

20. TERMS AND CONDITIONS. The terms and conditions of this document govern in the event of a conflict with any terms of the Contractor's proposal, and are not subject to change by reasons of written or verbal statement by the Contractor unless the same is accepted in writing.

Words and abbreviations which have well known technical or trade meanings are used in accordance with such meanings.

21. DELIVERY. All time limits are of the essence. Defective or unsuitable materials or workmanship shall be rejected and shall be made good by the Contractor, notwithstanding that such materials/workmanship have been previously overlooked and accepted.

22. DELAYS/EXTENSION OF TIME. If the Contractor is delayed in the delivery of the supplies, equipment or services by any act or neglect of the Village, or any employee of the

Village or by a separate Contractor employed by the Village, or by any changes, strikes, lockouts, fires, unusual delays in transportation or delay authorized by the Village, the Village shall decide the extent of any delay and completion time shall be extended for such reasonable time as the Village may decide, in its sole discretion.

All claims for extensions must be in writing sent to the Village within ten (10) calendar days after the date when such alleged cause for extension of time occurred. All such claims shall state specifically the amount of the delay the Contractor believes itself to have suffered. If statement is not received within the prescribed time, the claim shall be forfeited and invalidated.

23. TERMINATION FOR CAUSE. If the Contractor fails to deliver any of the supplies, materials or services in a timely manner, abandons the work under the contract, fails to correct defective work or persistently fails to carry out its work in accordance with the Contract documents, or if the Village Project Manager shall be of the opinion that the performance of the work is unnecessarily or unreasonably delayed, or that the Contractor is executing the Contract in bad faith, the Village, by written notice, may order the Contractor to stop the entire work, or any portion thereof, until the cause for such order has been eliminated. Should the Contractor fail to correct such default, or provide an explanation satisfactory to the Village within five (5) business days after receipt of such notification, the Village may terminate the contract. If the

Contract is so terminated, the Village may take over the performance of the work by contract or otherwise and the Contractor shall be liable to the Village for any cost incurred by the Village thereby. Such costs shall be deducted from any funds that may otherwise be due to the

Contractor.

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24. TERMINATION FOR CONVENIENCE. The performance of work or services under this Contract may be terminated in whole or part, upon five (5) business day’s written notice when the Village determines, in its sole discretion, that such termination is in its best interest. The Village shall be liable only for those goods and services satisfactorily furnished and completed prior to the effective date of such termination.

25. SUSPENSION OR STOPPAGE OF WORK. The Village shall have the authority to suspend work of the Contractor, wholly or in part, for each period or periods as it may deem necessary due to unsuitable weather or such other conditions considered unfavorable for proper performance of the work, or for such time as is necessary to avoid interference with other

Village affairs.

The Contractor shall not suspend or stop work which has been ordered by the Village without first obtaining proper authority to do so.

26. CHANGES IN SCOPE OF WORK. The Village, without invalidating the

Contract, may order written changes in the work consisting of additions, deletions or modifications of the services covered in this Contract sum and time being adjusted accordingly.

All such changes shall be authorized in writing by the Village Project Manager.

Costs shall be limited to the following: cost of materials, cost of labor and additional costs of supervision and field office personnel directly attributable to the change.

The cost or credit to the Village from a change in the work shall be determined by mutual agreement. The Contractor shall do all work that may be required to complete the work contemplated at the unit prices or lump sum to be agreed upon. Such work must be authorized, in writing, by the Village Project Manager prior to starting extra work.

The Village Project Manager shall have authority to order minor changes in the work not involving an adjustment to the Contract sum or extension of time and not inconsistent with the intent of the Contract documents. Such changes shall be effected by a written change order.

27. INTERPRETATION. Any questions concerning conditions and specifications shall be directed in writing to the Village Project Manager. No interpretation shall be considered binding unless provided in writing by the Village Project Manager. The execution of this Contract shall be prima facie evidence that the Contractor thoroughly understands the terms and specification.

The Contractor shall not take advantage of any error or omission in the specifications.

The Village shall make such corrections and interpretations as may be deemed necessary and such decision shall be final.

28. GUARANTEE. All guarantees and warranties required shall be furnished by the

Contractor and shall be delivered to the Village before final payment is made. The Contractor guarantees that the items conform to the design and specifications referred to in this document.

The Contractor further guarantees the items will be free from defects in materials and

- 8 -workmanship, latent or patent. The Contractor guarantees that to the extent that the Contractor knows, or has reason to know, of the purpose for which the items are intended the items are fit for such purpose. The guarantee contained herein shall run to each official user and shall remain in full force and effect for two years after initial delivery and acceptance to the Village.

29. DEFECTIVE SUPPLIES/SERVICE. Defective or unsuitable materials or workmanship shall be rejected and shall be made good by the Contractor.

If the work shall be found to be defective or damaged before completion of the work and final acceptance by the Village, the Contractor shall make good such defect in a manner satisfactory to the Village, without extra compensation even though said defect or injury may have not been due to any act or neglect of the Contractor.

30. LEGAL REQUIREMENTS. All materials, equipment, supplies and services shall conform to applicable federal, state, and local laws and regulations.

31. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this

Contract, the Contractor agrees to comply with all applicable federal, state and local laws relating to discrimination in employment.

32. COMPLIANCE WITH LAWS. The Contractor shall observe and comply with all federal, state, county and local laws, ordinances and regulations that affect the work to be done herein, and shall indemnify and hold harmless the Village, and all of its officers, agents and servants against any claim or liability from or based…