RFQ 2027-021 Fuel Systems Maintenance and Repair Services_for eMMA.pdf

CALVERT COUNTY GOVERNMENT

REQUEST FOR QUOTE

Issuance Date: 10/09/2026

RFQ 2027-021

ON-CALL FUEL SYSTEMS MAINTENANCE AND REPAIR SERVICES

NOTICE TO CONTRACTORS

The Board of County Commissioners of Calvert County, Maryland, noted hereinafter as Calvert County Government, is soliciting written quotes from qualified companies (hereinafter, “the Contractor”) for all labor, supervision, material, and equipment necessary to provide on-call fuel system maintenance, repair, testing, or overhaul of fuel dispensing equipment, underground storage tanks, and leak detection equipment associated with fuel systems for Calvert County Government in accordance with this RFQ.

The Contractor warrants all work performed shall conform to all applicable Federal, State, and local laws and regulations. All material and/or equipment furnished shall be new, unused, and shall be the same as the manufacturer’s current production model unless specified by Calvert County Government.

A pre-bid meeting will not be held.

Quotes shall be submitted on a copy of the Price Proposal page, signed by a representative authorized to bind the Contractor, along with any required forms or requested information. This documentation shall be received on or before October 30, 2026, by 2:30 p.m. (Local Prevailing Time) and e-mailed to Procurement@calvertcountymd.gov.

Acceptance of bids by Calvert County Government employees, other than employees of the Procurement Office, shall not be deemed proper delivery.

Calvert County Government is tax exempt, and all prices quoted shall be exclusive of any Federal or Maryland State Taxes. This includes Federal Excise Tax and any other Excise Tax applicable to any other equipment or accessories. However, taxes are required to be paid by the Contractor on all materials and equipment to be incorporated into the project. The Contractor is prohibited from using Calvert County Government’s tax-exempt number for any purchases.

Contractors shall be responsible for obtaining all documentation, including, but may not be limited to, the bid document, addenda, and questions and answers for clarification, by going to eMaryland Marketplace at mailto:Procurement@calvertcountymd.gov https://emma.maryland.gov prior to submitting their quote.

Should there be any omissions and/or unclear conditions or specifications, it shall be the responsibility of the Contractor to clarify such items with Calvert County Government before submitting a quote. Requests for information related to this RFQ shall be made in writing and directed to the Procurement Office at Procurement@calvertcountymd.gov. All questions shall be submitted on or before October 16, 2026, by 2:30 p.m. (Local Prevailing Time).

The right is hereby reserved to reject any or all bids and to waive informalities as the interest of Calvert County Government may require. Award shall be made to the lowest responsive, responsible Contractor. If the Contractor to whom an award is made shall fail to execute the Contract, and as herein provided, the award may be annulled and the Contract awarded to the second lowest responsive, responsible Contractor and such Contractor shall fulfill every stipulation embraced herein, as if they were the original party to whom the award was made; or Calvert County Government may reject all quotes as its interest may require.

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

Contractors should execute the following forms and provide any required documentation and include them as part of their bid. Bids made on any form(s) other than the required form(s) included in this RFQ shall not be considered. Changes in the phraseology of the proposal, additional or limiting provisions, shall render the proposal informal and may cause its rejection. Failure to provide required forms and documentation may be cause for rejection of bid as nonresponsive.

1. Price Proposal

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

3. Form 2. References

4. Form 3. Non-Collusion Certificate

5. Form 4. Anti-Bribery Affirmation and Affidavit of Qualification to Bid

6. Form 5. Contractor Performance Record

7. Questions and Answers/Clarification, if Applicable

8. Addenda, if applicable

The results shall be posted on Calvert County Government’s web site at https://www.calvertcountymd.gov/3963/FY-2027-Bid-Results.

https://emma.maryland.gov/ mailto:Procurement@calvertcountymd.gov

PRICE PROPOSAL

I. Instructions for Price Proposal

Bidders shall submit their quotation on the Price Proposal form in accordance with these instructions and as specified elsewhere in the RFQ. Bidders shall not alter the Price Proposal Form, or the bid may be rejected. The Price Proposal Form is to be signed and dated, where requested, by an individual who is authorized to bind the Bidder to the prices and all terms and conditions outlined in this RFQ.

The Price Proposal Form and the unit prices listed therein shall be used to evaluate the bid in accordance with General Conditions of the Bid and Contract. Follow these instructions carefully when completing the Price Proposal Form:

A. All Unit Prices must be clearly entered in dollars and cents, e.g., $24.15. Make your decimal points clear and distinct.

B. All Unit Prices must be the actual price per unit the County will pay for the specific item or service identified in this quote and may not be contingent on any other factor or condition in any manner.

C. Every blank in every Price Proposal Form shall be filled in. Any blanks may result in the bid being regarded as non-responsive and thus rejected.

D. All Quote prices entered below are to be fully loaded prices that include all costs/expenses associated with the provision of services. The Bid price shall include, but is not limited to, all of the following: labor, profit/overhead, general operating, administrative, and all other expenses and costs necessary to perform the work set forth in this solicitation. No other amounts will be paid to the Contractor.

E. All Labor Rates in Table 2 below shall be fully loaded rates; no overtime amounts will be paid.

F. Failure to adhere to any of these instructions may result in the Quote being determined nonresponsive and rejected by the County.

CONTRACTOR’S LEGAL BUSINESS NAME: ____________________________________________________________

AUTHORIZED SIGNATURE: ________________________________________________ DATE: _________________

II. Quotation

I/We propose to furnish all labor, material, equipment and supervision necessary to provide ON-CALL FUEL SYSTEMS MAINTENANCE AND REPAIR SERVICES, in accordance with the terms, conditions, and specifications contained in this Request for Quote for the price submitted.

I/We the undersigned, having carefully read and fully understanding the scope of work, propose to provide the required services in accordance with the terms, conditions and specifications for the price (s) stated below.

A. LABOR

ITEM

DESCRIPTION

UNIT OF

MEASURE

UNIT PRICE

ESTIMATED

ANNUAL

QUANTITY

TOTAL PRICE

A-1 Regular Rate per Hour $ 81 $

A-2 Emergency Rate per Hour $ 40 $

SUBTOTAL A. BASED ON ESTIMATED ANNUAL HOURS $

B. SEMI-ANNUAL PREVENTATIVE MAINTENANCE TO INCLUDE

SITE INSPECTIONS AND RECORDKEEPING

ITEM #

TOTAL PRICE

B-1

Calvert County Courthouse 175 Main Street Prince Frederick, MD 20678 (Heating oil tank only) per Visit $ 2 $

B-2

Highway Maintenance Facility 335 Stafford Road Barstow, MD 20610 (Diesel tank only) per Visit $ 2 $

B-3

Appeal Municipal Landfill 401 Sweetwater Lane Lusby, MD 20657 (Diesel tank only) per Visit $ 2 $

SUBTOTAL B. LUMP SUM $

C. QUARTERLY PREVENTATIVE MAINTENANCE TO INCLUDE

SITE INSPECTIONS AND RECORD KEEPING

QUANTITY TOTAL PRICE

C-1

Calvert County Courthouse 175 Main Street Prince Frederick, MD 20678 (Heating oil tank only) per Quarter $ 4

C-2

Highway Maintenance Facility 335 Stafford Road Barstow, MD 20610 (Diesel tank only) per Quarter $ 4

C-3

Appeal Municipal Landfill 401 Sweetwater Lane Lusby, MD 20657 (Diesel tank only) per Quarter $ 4

SUBTOTAL C. LUMP SUM $

D. YEARLY TESTS REQUIRED BY COMAR 26.10

ITEM #

UNIT

PRICE

ANNUAL

NUMBER

OF SITES

TOTAL

PRICE¹

D-1 Tank Test per Test $ 1 3 $

D-2 Sump Test per Test $ 1 3 $

D-3 Spill Bucket Test per Test $ 1 3 $

SUBTOTAL D. LUMP SUM $

E. CALIBRATION OF UST TANK MONITORING SYSTEMS

DESCRIPTION

UNIT OF

MEASURE

UNIT

PRICE

ANNUAL

QUANTITY

NUMBER

OF SITES

TOTAL PRICE¹

E-1 Yearly Calibration of UST Tank Monitoring System

Each $ 1 3 $

SUBTOTAL E. LUMP SUM $

SUMMARY OF COSTS

Subtotal A Labor Based on Estimated Annual Quantities

Subtotal B Semi-Annual Preventative Maintenance to Include Site Inspections and Recordkeeping

Subtotal C Quarterly Preventative Maintenance to Include Site Inspections and Recordkeeping

Subtotal D Tests Required by COMAR 26.10

Subtotal E Calibration of UST Tank Monitoring Systems

TOTAL $

APPROVED PARTS, MATERIALS, AND EQUIPMENT FOR MARK-UP

The cost for any items installed or used by the Contractor shall be for the actual purchase price plus taxes and freight charges paid by the Contractor. The Contractor may charge a ten percent (10%) established markup on these items, but at no time shall the Contractor charge the ten percent (10%) markup on the tax portion of invoices received from suppliers. List prices and prices subject to discounts shall not be considered actual prices. The Contractor shall provide their supplier’s invoice(s) to substantiate the cost of each item. Supplier’s quotes shall not be sufficient.

Quotes from vendors shall only be allowed if said supplies/materials are approved by the Project Manager or duly authorized representative. The Contractor shall not charge markup on products purchased off of a government contract.

The Contractor shall be permitted to charge a ten percent (10%) markup on specialized equipment for local rental rates only. Delivery charges and taxes paid by the Contractor shall not be marked

up. See Scope of Work.

At all times during the Contract, the Contractor shall obtain the best possible prices for products/materials for Calvert County Government.

Calvert County Government reserves the right to obtain pricing from any available source as it may deem necessary. Calvert County Government reserves the right to purchase necessary supplies/materials for installation by the Contractor or by Calvert County Government.

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

No Contractor shall withdraw their proposal within 120 calendar days after the opening thereof.

NOTE: No reimbursement shall be made for any other charges, including but not limited to labor, overhead, mileage, vehicle fuel, and/or travel time. Contractor shall consider these factors when submitting their unit price rate(s).

The time for performance of this Contract shall begin from the Agreement date or otherwise indicated by Calvert County Government.

By signing and submitting a bid, your firm acknowledges and agrees that it has read and understand the RFQ documents and agrees to the Contract Terms and Conditions as contained herein.

Verify math calculation. In the event of errors in computation, unit price(s) shall be the determining factor for the total(s).

CONTRACTOR’S LEGAL BUSINESS NAME: ____________________________________________________________

AUTHORIZED SIGNATURE: ________________________________________________ DATE: _________________

FORM 1. NAME AND SIGNATURE REQUIREMENTS FOR BID AND CONTRACTS

The legal business name and principal office AS RECORDED WITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION OF MARYLAND (SDAT) must be used on all forms within the bid document. A trade name (i.e., a shortened or different name under which the firm does business) shall not be used when the legal name is different. Corporations shall have names complying with State law. The Contractor’s signature must conform to the following:

All signatures shall be made by an authorized officer, partner, manager, member, or employee. The signing of an offer by a contractor is a representation and certification by the person signing that the person signing is authorized to do so on behalf of the offeror or contractor.

CONTRACTOR’S LEGAL BUSINESS NAME

TELEPHONE NUMBER

PRINCIPAL OFFICE ADDRESS

FAX NUMBER

REMITTANCE ADDRESS: (If Remittance Address is Different from Above Address)

EMAIL ADDRESS

NAME AND TITLE OF PERSON AUTHORIZED TO SIGN OFFER (TYPE OR PRINT)

SIGNATURE OF ABOVE PERSON DATE

WITNESS DATE

FORM 2. REFERENCES

List three (3) current commercial business references your company provided similar services or commodities to in the past five (5) years. Calvert County Government reserves the right to request additional information regarding past and current clients for whom the Contractor has provided the services/commodities requested in this RFQ.

1. Company: _______________________________________________________________

Address: _______________________________________________________________

Contact Person: _______________________________________________________________

Telephone: _______________________________________________________________

Email: _______________________________________________________________

2. Company: _______________________________________________________________

Contact Person: _______________________________________________________________

3. Company: _______________________________________________________________

Contact Person: _______________________________________________________________

Specify the number of years your company has been in business providing the services/commodities required in this RFQ: ____________________ (shall be at least five [5] years)

CONTRACTOR’S LEGAL BUSINESS NAME: ________________________________________________

AUTHORIZED SIGNATURE: _________________________________________ DATE: _____________

GENERAL CONDITIONS OF BID AND CONTRACT

DEFINITIONS

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

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

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

CALVERT COUNTY or COUNTY shall mean Calvert County, Maryland.

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

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

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

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

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

CONTRACT INTERPRETATION BY THE PROJECT MANAGER

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

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

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

Change Orders Addenda Federal, State, and/or County Requirements General Conditions of Bid and Contract Specifications Price Proposal Contract Notice to Contractors

In the event that conflicts, errors, or discrepancies are not resolved by the Contract Documents’ order of precedence, the more restrictive provision shall govern.

BID FORMS AND AFFIDAVITS

All bids shall be submitted on the forms provided, shall be signed by a principal duly authorized to make contracts, and submitted in a sealed envelope.

The attached Anti-Bribery Affirmation and Affidavit of Qualification to Bid form shall be submitted with bids.

Failure to comply may be cause for rejection of bids.

ALTERNATE BIDS

Alternate bids shall only be considered when they are submitted separately and clearly marked and labeled ALTERNATE BID. The alternate bid shall only be considered if the Contractor’s primary bid is the lowest responsible bid.

BRAND NAME OR EQUAL ITEMS

Unless otherwise provided in the ITB, the name of a certain brand, make or manufacturer does not restrict Contractors to the specific brand, make or manufacturer named; it conveys the general style, type, character and quality of the article desired, and any article which Calvert County Government in its sole discretion determines to be the equal of that specified, considering quality, workmanship, economy of operation, and suitability for the purpose intended, shall be accepted.

FORMAL SOLICITATION

When a formal specification (no substitutes) is included or referred to in the solicitation, no deviation therefrom shall be permitted, and the Contractor shall be required to furnish articles in conformity with that specification.

NEW GOODS, FRESH STOCK

All Contractors, unless otherwise specifically stated, shall provide new commodities, fresh stock, latest model, design, or pack.

PROHIBITION AGAINST UNIFORM PRICING

Calvert County Government shall encourage open and competitive bidding by all possible means and shall endeavor to obtain the maximum degree of open competition on all purchase transactions using the competitive sealed bidding, competitive negotiation, or open market transaction methods of procurement. In submitting a bid each Contractor shall, by virtue of submitting a bid, guarantee that the Contractor has not been a party with other bidders to an agreement to bid a fixed or uniform price. Violation of this implied guarantee shall render void the bid of such bidders. Any disclosure to or acquisition by a competitive bidder, in advance of the opening of the bids, of the terms or conditions of the bid submitted by another competitor shall render the entire proceedings void and shall require re-advertising the bids.

AWARD OR REJECTION OF BIDS

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

In determining the “lowest responsive bidder”, in addition to considering price, Calvert County Government shall consider:

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

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

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

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

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

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

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

INDEMNIFICATION

Nothing contained in the Contract shall be construed to constitute the Contractor an agent of Calvert County Government. The Contractor shall indemnify, keep, and save harmless Calvert County Government, its agents, officials, and employees, against all injuries, death, loss, damage, claims, patent claims, suits, liabilities, judgments, costs, and expenses which may or otherwise accrue against Calvert County Government in consequence of the granting of a Contract or which may or otherwise result therefrom. If it shall be determined that the act was caused through negligence or omission of the Contractor or his officers, directors, agents, or employees, of the subcontractor or his officers, directors, agents or employees, if any, and the Contractor shall, at his own expense, appear, defend and pay all charges of attorneys and all costs and other expenses arising therefrom or incurred in connection therewith, and if any judgement shall be rendered against Calvert County Government in any such action, the Contractor shall at his own expense, satisfy and discharge the same.

Contractor expressly understands and agrees that any performance bond or insurance protection required by this Contract, or otherwise provided by Contractor, shall in no way limit the responsibility to indemnify, keep and save harmless and defend Calvert County Government as herein provided.

NON-DISCRIMINATION IN EMPLOYMENT

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

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

2. The Contractor, in all solicitations or advertisements for employees placed by or on behalf of the

Contractor, shall state that such Contractor is an equal opportunity employer. In addition to complying with the provision of Equal Opportunity, the Contractor shall, in good faith, cooperate with Calvert County Government in investigation of Equal Employment Opportunity (EEO) complaints, whether formal or informal.

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

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

INSURANCE

The Contractor(s) shall not commence work under this Contract until it has obtained the insurance required under this section. All coverage shall be with insurance carriers licensed and authorized to do business in Maryland. Insurance companies providing insurance shall be acceptable to Calvert County Government. Self-insured Contractor(s)s shall submit an affidavit attesting to their self-insured coverage.

1. Certificate Holder, Additional Insured, and Contract Information

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

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

b. The certificate shall also indicate the contract name and number.

c. Additional insured shall be as pertains to general liability and automobile liability and shall be stated under Description on the certificate as: Board of County Commissioners of Calvert County, Maryland shall be named as additional insured as pertains to general liability and automobile liability.

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

2. Commercial General Liability Insurance

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

3. Automobile Liability Insurance

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

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

C. If during the life of this Contract the contractor does not own commercial vehicles, the Contractor shall procure and maintain vehicle coverage in accordance with the statutes of the State of Maryland. Coverage shall include “Non-Owned” and “Hired” as indicated on the required Certificate of Insurance.

4. Workers Compensation

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

5. Notice of Cancellation

Prior to starting performance of the Contract and for each extension of the Contract, a certificate of insurance shall be furnished to Calvert County Government. Insurance companies providing insurance shall be acceptable to Calvert County Government. The Contractor(s) agrees to provide Calvert County Government a Certificate of Insurance evidencing that all coverage, limits and endorsements required herein are maintained and in full force and effect. If the Contractor(s) receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, the Contractor(s) agrees to notify Calvert County Government within two

(2) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. It shall be the Contractor(s)’s responsibility to make immediate notification to Calvert County Government if any changes are made to the policy.

SUBLETTING OF CONTRACT OR ASSIGNMENT OF CONTRACT FUNDS

It is mutually understood and agreed that the Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of their contractual duties to any other person, firm, or corporation, without the previous written consent of Calvert County Government which may be withheld for any reason or no reason at all.

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

TERMINATION OF CONTRACT

Calvert County Government may terminate a contract, in whole or in part, whenever Calvert County Government determines that such termination is in the best interest of Calvert County Government, without showing cause, upon giving written notice to the Contractor. The Contractor shall pay Calvert County Government for all materials collected as per the Contract as of termination date. No consideration will be given for anticipated loss of revenue to the Contractor on the cancelled portion of the Contract.

When the Contractor has not performed or has unsatisfactorily performed the Contract, Calvert County Government may terminate the Contract for default. Failure on the part of the Contractor to fulfill the contractual obligations shall be considered just cause for termination of the Contract.

The Contractor shall stay current in their Federal, State, and County taxes throughout the full term of any contract issued. Failure to do shall be grounds for termination of the Contract.

AVAILABILITY OF FUNDS

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

Calvert County Government reserves the right to immediately terminate a contract in the event funds are no longer available or have been exhausted. If Calvert County Government shall terminate a contract, Calvert County Government shall attempt to give written notice at least thirty (30) calendar days in advance of the effective date. The Contractor shall be paid for all labor and material provided as of termination date. No consideration shall be given for anticipated loss of revenue or profit on the cancelled portion of the Contract.

DELIVERY FAILURES

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

NON-LIABILITY

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

BREACH OF CONTRACT

1. In the event the Contractor shall fail to comply with any of the terms or conditions of the Contract Documents the Project Manager shall notify the Contractor of such failure or default and demand that the same be remedied twenty-four (24) hours, weather permitting. In the event of the failure of the Contractor to remedy the same within said period, authorized Calvert County Government personnel shall authorize the services to be procured from any available source, with the difference between the actual cost paid and the defaulting Contractor to be deducted from any monies due the defaulting Contractor.

2. In addition to those instances specifically referred to in other sections herein contained, Calvert County

Government shall have the right at its option to terminate the Contract under any one or more of the following:

A. If the Contractor becomes insolvent.

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

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

Contractor.

D. In the event the Contractor fails to commence work in accordance with the specifications of this RFQ.

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

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

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

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

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

OWNERSHIP OF DOCUMENTS

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

PAYMENT

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

INCURRING COSTS

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

COMPLETENESS

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

NOTICE OF POLITICAL CONTRIBUTIONS

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

COOPERATIVE PURCHASES

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

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

ARITHMETICAL ERRORS

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

GENDER NEUTRAL CLAUSE

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

SOVEREIGN IMMUNITY

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

or any provision of the Local Government Tort Claims Act.

DELIVERY AND POINT OF DESTINATION

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

2. Delivery of services

• Service Requests. Services under this Contract shall be initiated only upon issuance of a written request from the Project Manager. Such request may be transmitted by purchase order and/or email and shall describe the scope of work, schedule, and any deliverables required. The Contractor shall not perform services without an authorized request.

• Method and Timing of Delivery. Unless otherwise specified in the applicable request, all services shall be performed in accordance with the schedule identified in the purchase order or email request. The Contractor shall promptly notify the Project Manager. of any condition that may affect timely performance.

• Submission of Written Reports and Deliverables. All written reports, work products, and other deliverables shall be submitted electronically via email to the designated Project Manager identified in the applicable request, unless alternative delivery arrangements are approved in writing.

• Acceptance of Reports and Deliverables. Deliverables shall be deemed accepted only upon written confirmation of acceptance by the Project Manager. If a deliverable is determined to be incomplete or non-conforming, the Contractor shall, at no additional cost, revise and resubmit the deliverable within a reasonable timeframe specified by the Project Manager.

• Records and Communications. The Contractor shall maintain written records of all service requests, submissions, and correspondence related to performance under this Contract and shall make such records available to Calvert County Government Department of Finance & Budget upon request.

LIQUIDATED DAMAGES

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

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

THIRD PARTY BENEFICIARY

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

NO INDIVIDUAL LIABILITY

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

SUFFICIENT APPROPRIATIONS

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

SEVERABILITY

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

ENTIRE AGREEMENT

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

CHOICE OF LAW

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

FAMILIARITY WITH THE WORK AND LAWS

The submission of a proposal on this work and service shall be considered as a representation that the Contractor has carefully investigated all conditions which affect or may, at some future date, affect the performance of the work or services covered by the Contract, the serviced as described in these specifications, and that the Contractor is fully informed concerning the conditions to be encountered, character, quality and quantity of work to be performed and equipment and materials to be furnished; also, that the Contractor is familiar with all Federal, State and County laws, all codes and ordinances of Calvert County Government which affect the prosecution of the work or persons engaged or employed in the work or the materials and equipment used in the work.

SPECIFICATIONS

1. PURPOSE

It is the intent of this RFQ for Calvert County Government to establish a contract with a qualified Contractor to provide all labor, supervision, material, and equipment necessary to provide on-call fuel system maintenance, repair, testing, or overhaul of fuel dispensing equipment, underground storage tanks, and leak detection equipment associated with fuel systems for Calvert County Government in accordance with this RFQ.

2. MINIMUM CONTRACTOR’S QUALIFICATIONS

To be eligible for award, the Contractor shall meet the following minimum qualifications:

A. Experience.

i. The Contractor shall have been actively engaged in providing on-call fuel system maintenance and repair services for at least the past five (5) consecutive years.

a) To demonstrate sufficient experience, the Contractor must submit Form 2. References and Form 5. Contractor Performance Record.

ii. Contractor shall supply qualified employees knowledgeable of all types of fuel systems and equipment in accordance with COMAR 26.10.06 and any other codes and regulations in effect during the tenure of this Contract.

iii. All employees providing service under this contract shall hold an MDE UST System Technician Certification. Certifications shall be supplied to Calvert County Government upon request.

B. Manufacturer Certifications.

i. All employees providing service on Veeder-Root or FuelMaster equipment must hold relevant manufacturer certifications. Such certifications shall be supplied to Calvert County Government upon request.

C. Good Standing. The Contractor shall be in good standing with the Maryland Department of Assessments and Taxation (SDAT) or shall establish good standing before Contract award.

3. SCOPE OF WORK

The Contractor shall provide fuel system maintenance and repair services on an on-call as-needed basis in accordance with these specifications. The scope of work does not include subcontracting work on capital construction projects separately bid by Calvert County Government for a General Contractor.

The Contractor shall not perform any work without prior authorization and purchase order from Calvert County Government.

The Contractor shall have adequate equipment, qualified trained personnel, and financial ability to ensure work shall be performed with high standards at all times.

A. Typical Services

The Contractor shall provide the services listed which are representative and should not be construed as all encompassing.

1. Pump/dispenser repairs including pumping unit seals, rotors, motors, resets, air eliminators, etc.

2. Calibration of pump meters.

3. Lubrication of and/or replacement of major or minor components of dual and single dispensers and dispensing pumps.

4. Repairing leaks in fuel systems including lines and valves.

5. Performing electrical work required at fuel sites.

6. Replacing filters/strainers.

7. Repairing “pulsers”, “totalizers”, dispensing pump windows, etc.

8. Replacing pumps/dispensers as necessary.

9. Analyzing fuel site problems and advising of the appropriate repair(s).

10. Replacing nozzles, hoses, swivels, and breakaways.

11. Repairing hose retractors.

12. Annually calibrate UST tank monitoring systems at the Highway Maintenance facility and the Appeal Landfill facility.

13. Preventive maintenance shall be performed four (4) times per year at the Highway Maintenance facility and the Appeal Landfill facility. Preventive maintenance to be performed two (2) times per year on the other generator and heating oil USTs. Contractor shall submit their preventative maintenance program/checklist with their bid.

14. Maintaining site compliance with State (COMAR 26.10) and Federal regulations, including but not limited to tank tightness testing, spill bucket test, sump test, monitoring system calibration, etc.

15. Provide yearly test of the spill buckets, product lines, automatic line leak detectors and calibration of automatic tank gauges.

B. Typical Parts to Be Supplied

The following parts are typical of those which the Contractor shall be prepared to furnish at the time of an initial repair visit. Parts and materials include pipes, valves, etc. needed to perform the work as defined by the Project Manager(s), and shall be Underwriters Laboratories approved, where applicable, for commercial installation.

Typical Parts to be Supplied

1 Fuel Filters

2 Filter Adapters

3 Pipe Bushings

4 Pipe Nipples

5 Dielectric and Standard Unions

6 Swivels

7 Water and Gas Finding Paste

8 Manhole Covers (Heavy Duty Only)

9 Fill Caps

10 Gasoline and Diesel

11 Super-Fueler Diesel Nozzle

12 Vapor Recovery Nozzles

13 Pump Shaft Lip Seals

14 Hose “Breakaways” (Designed for Ease of Rebuild)

15 Breakaway Repair Kits

16 Pump Drive Belts

17 Various Small Parts

Other miscellaneous parts as may be anticipated for use at disabled fuel site.

C. Response Time

On-Call Availability and Response Times: The Contractor shall remain on call 24 hours a day, 7 days a week, including nights, weekends, and County-observed holidays, throughout the Contract term. The Contractor shall maintain a telephone number monitored at all times for receiving service requests.

Normal Service Requests: For a request the County does not designate as an emergency, the Contractor shall respond within eight (8) business hours. Business hours are Monday through Friday, 7:00am to 5:00pm, excluding County-observed holidays. If a normal service request is received outside business hours or on a County-observed holiday, the eight-business-hour response period begins at the start of the next business day.

Emergency Service Requests: For a request the County designates as an emergency, the Contractor shall respond within two (2) consecutive clock hours after receiving the County’s telephone notification. This deadline applies at any time, including nights, weekends, and County-observed holidays.

Liquidated Damages: If the Contractor…