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    MAYORANDCITYCOUNCILWORKSESSION

    Tuesday,May28,20131:00P.M.

    AClosedSessionisscheduledfrom11:301:00P.M.todiscusslegal,contractual,andpersonnelmatters.

    AGENDA

    1. CALLTOORDER2. REPORTONCLOSEDSESSIONMay28,201311:30A.M.3. COMMENTSFROMTHEPUBLIC

    AnypersonwhomaywishtospeakonamatterscheduledfordiscussionontheWorkSessionAgendamaybeheardduringCommentsfromthePublicforaperiodofthree(3)minutesorsuchtimeasmaybedeemedappropriatebytheCouncilPresident. Anyonewishingtobeheardshallstatetheirname,addressandtheAgendaitemonwhichheorshewishestospeak.

    4. NEWBUSINESSA. BidOpening DukesAve.SewagePumpingStationConstructionProject

    B. RetirementRecognitionofGeorgeChoisser,EquipmentManageratEagle'sLandingGolfCourse

    C. RequestapprovaltouseHomelandSecurityGrantFundstopurchaseToughbooksfor

    EmergencyOperationsCenterpresentedbySpecialProjectsManager/GrantsCoordinator

    D. RequestapprovaltouseHomelandSecurityGrantFundstopurchaseSCALAInformationSystem

    presentedbySpecialProjectsManager/GrantsCoordinator

    E. RequestapprovaltouseHomelandSecurityGrantFundstopurchaseDigitalizedDesktop

    SoftwareforEmergencyOperationPlanpresentedbySpecialProjectsManager/Grants

    Coordinator

    F. DiscussionregardingagendaplacementofCommentsfromthePublic

    5.

    ADJOURN

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    WORK SESSION -MAYOR AND CITY COUNCIL

    TUESDAY, MAY 28, 2013

    2. Report on Closed Session Tuesday, May 28, 2013, 11:30 a.m.

    Legal, Contractual and Personnel Matters

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    NOTICE OF CLOSED SESSION OF MAYOR & CITY COUNCIL OF OCEAN CITY

    AUTHORITY: State Government Article: Section 10-508(a) Annotated Code of MarylandPURPOSES:

    X

    1. To discuss:

    (i) the appointment, employment, assignment, promotion, discipline, demotion,compensation, removal, resignation or performance evaluation of

    appointees, employees or officials over whom it has jurisdiction; or(ii) any other personnel matter that affects one or more specific individuals;2. To protect the privacy or reputation of individuals with respect to a matter that is

    not related to public business

    3. To consider the acquisition of real property for the public purpose and matters

    directly related thereto;

    4. Consider a matter that concerns the proposal for a business or industrial

    organization to locate, expand or locate in the state;

    5. Consider the investment of public funds;

    6. Consider the marketing of public securities;

    X 7. Consult with counsel to obtain legal advice;

    8. Consult with staff, consultants or other individuals about pending or potentiallitigations;

    9. Conduct collective bargaining negotiations or consider matters that relate to thenegotiations;

    10. Discuss public security if the public body determines that public discussionwould constitute a risk to the public or public security, including;

    a) the deployment of fire and police services and staff; and

    b) the development and implementation of emergency plans

    11. Prepare, administer or grade a scholastic, licensing or qualifying examination;

    12. Conduct or discuss an investigative proceeding on actual or possible criminal

    conduct;

    13. Comply with a specific constitutional, statutory or judicially imposedrequirement that prevents public disclosures about a particular proceeding or

    matter; or

    X

    14. Before a contract is awarded or bids are opened, discuss a matter directly relatedto a negotiation strategy or the contents of a bid or proposal, if public discussion

    or disclosure would adversely impact the ability of the public body to participate

    in the competitive bidding or proposal process

    DATE AND TIME: Tuesday, May 28, 2013 11:30 a.m.

    PLACE: City Hall

    SUBJECT: Legal, Contractual and Personnel Matters

    VOTE: UNANIMOUS

    OTHER: FOR:

    AGAINST:

    ABSTAIN:

    ABSENT:

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    REPORT OF CLOSED SESSION

    OF THE MAYOR AND CITY COUNCIL OF OCEAN CITY

    Prior to this open session of the Mayor and City Council being held on Tuesday,

    May 28, 2013, a closed session was held on Tuesday, May 28, 2013 at 11:30 a.m.

    The following is a report of the closed session.

    1. A statement of the time, place, and purpose of the closed session is attached.

    2. A record of the vote of each member as to closing the session is attached.

    3. A citation of the authority under the law for closing the session is attached.

    4. (a) Topics of Discussion: Legal, Contractual and Personnel Matters

    (b) Persons present:

    Mayor Richard Meehan

    City Manager David Recor

    Council President Lloyd MartinCouncil Secretary Mary Knight

    Council Members Doug Cymek; Brent Ashley; Dennis Dare; Margaret Pillas;

    and Joe MitrecicCity Solicitor Guy Ayres

    City Engineer Terence McGean

    Internal Auditor Susan ChildsExecutive Office Associate Diana Chavis

    Action(s) taken:

    Motion to close meeting:

    Time:

    H:\Wpdoc\closedsess.wpd

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    WORK SESSION -MAYOR AND CITY COUNCIL

    TUESDAY, MAY 28, 2013

    3. COMMENTS FROM THE PUBLIC

    Any person who may wish to speak on a matter scheduled for discussion on the Work

    Session Agenda may be heard during Comments from the Public for a period of three

    (3) minutes or such time as may be deemed appropriate by the Council President.

    Anyone wishing to be heard shall state their name, address and the subject on which

    he or she wishes to speak.

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    WORK SESSION -MAYOR AND CITY COUNCIL

    TUESDAY, MAY 28, 2013

    4. NEW BUSINESSA. Bid Opening Dukes Avenue Sewage Pumping Station

    Construction Project

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    Dukes Avenue Wastewater Pumping Station Improvements Bid

    CONTRACTORS Base Bid

    Bering Construction

    George & Lynch, Inc.

    Harkins Contracting, Inc.

    Johnston Construction

    Base Bid is a Combination of Part A & B

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    N:\14225-000\Engineering\Specs\Div 00\Div 00 Dukes\03-00020.doc April 2013

    00020 - 1

    SECTION 00020

    ADVERTISEMENT FOR BIDS

    TOWN OF OCEAN CITY, MARYLAND

    DUKES AVENUE WASTEWATERPUMPING STATION IMPROVEMENTS

    CONTRACT No. WR/OC-184

    Notice is hereby given that separate sealed bids for the Dukes Avenue Wastewater Pumping StationImprovements, Contract No. WR/OC-184 will be received from qualified Contractors by The Mayorand City Council of Ocean City, Maryland, c/o the City Manager, Town of Ocean City, Maryland,301 Baltimore Avenue, Ocean City, Maryland 21842, on May 28, 2013until 11:00 a.m., local time.The bids will be publicly opened and read aloud on the same dateat 1:00 p.m. at the meeting of the

    Mayor and City Council. Please use the yellow sheet supplied in the bid form with your bidsubmission.

    Any bids received after the above time will not be accepted under any circumstances. Any

    uncertainty regarding the time a bid is received will be resolved against the Bidder. The Contract

    will be awarded on a lump sum basis. NOTE: FED-EX AND UPS OVERNIGHT DELIVERIES

    ARE NEVER ON TIME!

    The project consists of construction of Dukes Avenue Wastewater Pumping Station Improvements,

    including mechanical/electrical equipment, support systems and appurtenances, site work,

    architectural improvements and other miscellaneous work. The successful Bidder will also be

    required to purchase a Town of Ocean City Business License.

    A Pre-Bid Conference for this project will be held at the Department of Public Works, 204 65th

    Street - Building E, Ocean City, MD 21842, on April 30, 2013 at 10:00 a.m. The purpose of the Pre-

    Bid Conference is for Bidders to familiarize themselves with the project site and to ask questions

    pertaining to the Specifications and the work. All Bidders are encouraged to attend and can visit the

    site afterwards. The Specifications are available at the offices of Whitman, Requardt and Associates,

    LLP, 801 South Caroline Street, Baltimore, Maryland 21231. Contact Katie Auerbach, tel. 410-235-

    3450.

    Each Bid must be accompanied by a Bid Security in the form of either a Certified Check upon an

    incorporated bank or trust company or a Bid Bond. The Certified Check or Bid Bond shall be for anamount not less than five percent of the Bid P

    Council of Ocean City, Mar antee that the Bidder will not withdraw his Bid for a

    period of 60 days after bids are opened, and that the successful Bidder will fill in and execute the

    proposed Contract and furnish the appropriate additional bonds within ten days after Notice of

    Award of the Contract. Bid Bonds must be written by a corporate surety acceptable to the Town and

    authorized to write bonds of such character and amount under the laws of the State of Maryland.

    However, a Bidder may withdraw his Bid from consideration if his Bid is substantially lower than

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    N:\14225-000\Engineering\Specs\Div 00\Div 00 Dukes\03-00020.doc April 2013

    00020 - 2

    the other bids due solely to a mistake therein, provided that the Bid was submitted in good faith and

    the mistake was clerical and due to an unintentional arithmetic error or omission. In such event, the

    Bidder shall give notice in writing of this claim or right to withdraw his Bid within two business

    days after the bids are opened.

    The successful Bidder will be required to furnish Performance and Payment Bonds, each in theamount of 100% of the Contract Price. Failing to do so, he will forfeit his Bid Security. The

    successful Bidder will also be required to purchase a town of Ocean City business license.

    The Town reserves the right to accept or reject any or all bids, to waive irregularities and to award

    the Contract as it deems will best serve its interest.

    The Town shall have the authority to negotiate with the apparent low Bidder on projects bid in

    accordance with the Maryland Code, where the Bid from such Bidder exceeds available funds, in

    order to obtain a Contract Price within such available funds. For purposes of this paragraph, the term

    a particular project. The Town

    shall take reasonable steps to obtain the lowest and most competitive price possible within availablefunds.

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    EJCDC C-200 Suggested Instructions to Bidders for Construction ContractsCopyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

    N:\14225-000\Engineering\Specs\Div 00\Div 00 Dukes\04-00200.doc April 201300200 - i

    This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or

    modification. This document should be adapted to the particular circumstances of the contemplated Project and thecontrolling Laws and Regulations.

    INSTRUCTIONS TO BIDDERS FORCONSTRUCTION CONTRACTS

    Prepared by

    ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

    and

    Issued and Published Jointly by

    AMERICAN COUNCIL OF ENGINEERING COMPANIES______________________

    ASSOCIATED GENERAL CONTRACTORS OF AMERICA______________________

    AMERICAN SOCIETY OF CIVIL ENGINEERS_______________________

    PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

    A Practice Division of the

    NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

    Endorsed by

    CONSTRUCTION SPECIFICATIONS INSTITUTE

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    EJCDC C-200 Suggested Instructions to Bidders for Construction ContractsCopyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

    N:\14225-000\Engineering\Specs\Div 00\Div 00 Dukes\04-00200.doc April 201300200 - ii

    Copyright 2007 National Society of Professional Engineers

    1420 King Street, Alexandria, VA 22314-2794

    (703) 684-2882www.nspe.org

    American Council of Engineering Companies1015 15th Street N.W., Washington, DC 20005

    (202) 347-7474

    www.acec.org

    American Society of Civil Engineers

    1801 Alexander Bell Drive, Reston, VA 20191-4400(800) 548-2723

    www.asce.org

    Associated General Contractors of America

    2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308

    (703) 548-3118www.agc.org

    The copyright for this EJCDC document is owned jointly by the four

    EJCDC sponsoring organizations and held in trust for their benefit by NSPE.

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    EJCDC C-200 Suggested Instructions to Bidders for Construction ContractsCopyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

    N:\14225-000\Engineering\Specs\Div 00\Div 00 Dukes\04-00200.doc April 201300200 - iii

    INSTRUCTIONS TO BIDDERS

    TABLE OF CONTENTS

    Page

    Article 1 Defined Terms .................................................................................................................................................................... 1

    Article 2 Copies of Bidding Documents ........................................................................................................................................... 1

    Article 3 Qualifications of Bidders.................................................................................................................................................... 1

    Article 4 Examination of Bidding Documents, Other Related Data, and Site ..................................................................................

    Article 5 Pre-Bid Conference ............................................................................................................................................................ 3

    Article 6 Site and Other Areas........................................................................................................................................................... 3

    Article 7 Interpretations and Addenda .............................................................................................................................................. 4

    Article 8 Bid Security ........................................................................................................................................................................ 4

    Article 9 Contract Times ................................................................................................................................................................... 4

    Article 10 Liquidated Damages ......................................................................................................................................................... 4

    Article 11 - ...................................................................................................................................... 4Article 12 Subcontractors, Suppliers and Others .............................................................................................................................. 5

    Article 13 Preparation of Bid ............................................................................................................................................................ 5

    Article 14 Basis of Bid; Comparison of Bids.................................................................................................................................... 6

    Article 15 Submittal of Bid ............................................................................................................................................................... 6

    Article 16 Modification and Withdrawal of Bid ............................................................................................................................... 7

    Article 17 Opening of Bids................................................................................................................................................................ 7

    Article 18 Bids to Remain Subject to Acceptance ............................................................................................................................ 7

    Article 19 Evaluation of Bids and Award of Contract ...................................................................................................................... 7

    Article 20 Contract Security and Insurance ...................................................................................................................................... 8

    Article 21 Signing of Agreement....................................................................................................................................................... 8

    Article 22 Sales and Use Taxes ......................................................................................................................................................... 8

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    EJCDC C-200 Suggested Instructions to Bidders for Construction ContractsCopyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

    N:\14225-000\Engineering\Specs\Div 00\Div 00 Dukes\04-00200.doc April 201300200 - 1

    ARTICLE 1 DEFINED TERMS

    1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions andSupplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings

    indicated below:

    A. Issuing Office Bidding documents may be obtained from Whitman, Requardt & Associates, LLP, 801 S.Caroline Street, Baltimore, MD 21231, contact Katie Auerbach at phone no. 410-235-3450.

    ARTICLE 2 COPIES OF BIDDING DOCUMENTS

    2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in theadvertisement or invitation to bid may be obtained from the Issuing Office. The deposit will be refunded to

    each document holder of record who returns a complete set of Bidding Documents in good condition within60 days after opening of Bids.

    2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumesany responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding

    Documents.

    2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only forthe purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

    ARTICLE 3 QUALIFICATIONS OF BIDDERS

    3.01 fiveshall submit written evidence such as financial data, previous experience, present commitments, and such

    other data as may be called for below.

    3.02 Bidder is advised to carefully review those portions of t epresentations and certifications.

    ARTICLE 4 EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

    4.01 Subsurface and Physical ConditionsA. The Supplementary Conditions identify:

    1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous tothe Site.

    2. Those drawings known to Owner of physical conditions relating to existing surface or subsurfacestructures at the Site (except Underground Facilities).

    B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to anyd therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General

    Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions.

    Bidder is responsible for any interpretation or conclusion Biddeother data, interpretations, opinions, or information contained in such reports or shown or indicated in such

    drawings.

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    EJCDC C-200 Suggested Instructions to Bidders for Construction ContractsCopyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

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    4.02 Underground FacilitiesA. Information and data shown or indicated in the Bidding Documents with respect to existing Underground

    Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer

    by owners of such Underground Facilities, including Owner, or others.

    4.03 Hazardous Environmental ConditionA. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous

    Environmental Condition identified at the Site.

    B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to anyBidder on request. T

    Paragraph 4.06 of the General

    Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder

    data, interpretations, opinions, or information contained in such reports or shown or indicated in such

    drawings.

    4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders withrespect to subsurface conditions, other physical conditions, and Underground Facilities, and possible

    changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditionsappear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities

    for the adequacy of data furnished to prospective Bidders with respect to a Hazardous EnvironmentalCondition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous

    Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the

    Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work,appear in Paragraph 4.06 of the General Conditions.

    4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations,explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes

    and clean up and restore the Site to its former condition upon completion of such explorations,

    investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative toexcavation and utility locates.

    4.06 A. Reference is made to Article 7 of the Supplementary Conditions for the identification of the generalnature of other work that is to be performed at the Site by Owner or others (such as utilities and other

    prime contractors) that relates to the Work contemplated by these Bidding Documents. On request,Owner will provide to each Bidder for examination access to or copies of contract documents (other

    than portions thereof related to price) for such other work.

    B. Paragraph 6.13.C of the General Conditions indicates that if an Owner safety program

    exists, it will be noted in the Supplementary Conditions.

    4.07 It is the responsibility of each Bidder before submitting a Bid to:A. examine and carefully study the Bidding Documents, and the other related data identified in the Bidding

    Documents;

    B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions thatmay affect cost, progress, and performance of the Work;

    C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that mayaffect cost, progress, and performance of the Work;

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    EJCDC C-200 Suggested Instructions to Bidders for Construction ContractsCopyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

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    D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to theSite and all drawings of physical conditions relating to existing surface or subsurface structures at the Site

    (except Underground Facilities) that have been identified in Paragraph 4.02 of the Supplementary

    Conditions as containing reliable "technical data," and (2) reports and drawings of HazardousEnvironmental Conditions, if any, at the Site that have been identified in the Paragraph 4.06 of the

    Supplementary Conditions as containing reliable "technical data";

    E. consider the information known to Bidder; information commonly known to contractors doing business inthe locality of the Site; information and observations obtained from visits to the Site; the BiddingDocuments; and the Site-related reports and drawings identified in the Bidding Documents, with respect to

    the effect of such information, observations, and documents on (1) the cost, progress, and performance of

    the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employedby Bidder, including applying any specific means, methods, techniques, sequences, and procedures of

    construction expressly required by the Bidding Documents; and safety precautions and

    programs;

    F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests,studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s)bid and within the times required, and in accordance with the other terms and conditions of the Bidding

    Documents;

    G. become aware of the general nature of the work to be performed by Owner and others at the Site thatrelates to the Work as indicated in the Bidding Documents;

    H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidderdiscovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is

    acceptable to Bidder; and

    I. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of allterms and conditions for the performance of the Work.

    4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder hascomplied with every requirement of this Article 4, that without exception the Bid is premised uponperforming and furnishing the Work required by the Bidding Documents and applying any specific means,

    methods, techniques, sequences, and procedures of construction that may be shown or indicated orexpressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts,errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written

    resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally

    sufficient to indicate and convey understanding of all terms and conditions for performing and furnishingthe Work.

    ARTICLE 5 PRE-BID CONFERENCE

    5.01 A pre-Bid conference will be held at the time and location stated on the Advertisement for Bids.Representatives of Owner and Engineer will be present to discuss the Project. Bidders are encouraged to

    attend and participate in the conference. Engineer will transmit to all prospective Bidders of record suchAddenda as Engineer considers necessary in response to questions arising at the conference. Oral statements

    may not be relied upon and will not be binding or legally effective.

    ARTICLE 6 SITE AND OTHER AREAS

    6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changesin existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding

    Documents. All additional lands and access thereto required for temporary construction facilities,

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    EJCDC C-200 Suggested Instructions to Bidders for Construction ContractsCopyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

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    construction equipment, or storage of materials and equipment to be incorporated in the Work are to beobtained and paid for by Contractor.

    ARTICLE 7 INTERPRETATIONS AND ADDENDA

    7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer inwriting. Interpretations or clarifications considered necessary by Engineer in response to such questions will

    be issued by Addenda mailed or delivered to all parties recorded by Engineer as having received theBidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be

    answered. Only questions answered by Addenda will be binding. Oral and other interpretations or

    clarifications will be without legal effect.

    7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable byOwner or Engineer.

    ARTICLE 8 BID SECURITY

    8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five percent ofied check, bank money order, or a Bid bond (on the

    form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and 5.02 of the General

    Conditions.

    8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the ContractDocuments, furnished the required contract security and met the other conditions of the Notice of Award,whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the

    Contract Documents and furnish the required contract security within 15 days after the Notice of Award,

    Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidderwill be forfeited. faults. The Bid security of

    other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by

    Owner until the earlier of seven days after the Effective Date of the Agreement or 61 days after the Bidopening, whereupon Bid security furnished by such Bidders will be returned.

    8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the awardwill be returned within seven days after the Bid opening.

    ARTICLE 9 CONTRACT TIMES

    The number of days within which, or the dates by which the Work is to be substantially completed and

    ready for final payment are as set forth in the Agreement.

    ARTICLE 10 LIQUIDATED DAMAGES

    10.01

    Provisions for liquidated damages, if any, are set forth in the Agreement.

    ARTICLE 11 -

    11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in theBidding Documents without consideration of pos -

    -

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    EJCDC C-200 Suggested Instructions to Bidders for Construction ContractsCopyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

    N:\14225-000\Engineering\Specs\Div 00\Div 00 Dukes\04-00200.doc April 201300200 - 5

    equipment may be furnished or used by Contractor if acceptable to Engineer, application for suchacceptance will not be considered by Engineer until after the Effective Date of the Agreement.

    ARTICLE 12 SUBCONTRACTORS, SUPPLIERS AND OTHERS

    12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, orentities to be submitted to Owner in advance of a specified date prior to the Effective Date of theAgreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after

    Bid opening, submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed

    for those portions of the Work for which such identification is required. Such list shall be accompanied byan experience statement with pertinent information regarding similar projects and other evidence of

    qualification for each such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or

    Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier,individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder

    to submit a substitute, in which case apparent Successful Bidder shall submit an acceptable substitute,

    the difference in cost occasioned by suchsubstitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract

    award.

    12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to thenext lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities.Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of

    any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or

    Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptableto Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement

    as provided in Paragraph 6.06 of the General Conditions.

    12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whomContractor has reasonable objection.

    ARTICLE 13 PREPARATION OF BID

    13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from theEngineer.

    13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures oralterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for

    each Bid item listed therein. In the case of optional alternatives

    may be entered.

    13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or othercorporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and

    attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be

    shown.

    13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title mustappear under the signature), accompanied by evidence of authority to sign. The official address of the

    partnership shall be shown.

    13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member andaccompanied by evidence of authority to sign. The state of formation of the firm and the official address of

    the firm shall be shown.

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    13.06 A Bid by an individual shall sh13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form.

    The official address of the joint venture shall be shown.

    13.08 All names shall be printed in ink below the signatures.13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in

    on the Bid Form.

    13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.13.11 The Bid shall contain

    Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to

    award of the Contract and attach such covenant to the Bid. Bishall also be shown on the Bid Form.

    ARTICLE 14 BASIS OF BID; COMPARISON OF BIDS

    14.01 Lump SumA. Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form.

    14.02 Unit PriceA. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and

    the corresponding unit price. The final quantities and Contract Price will be determined in accordance withParagraph 11.03 of the General Conditions.

    C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of theunit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof

    will be resolved in favor of the correct sum.

    14.03 AllowancesA. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's

    overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the ContractDocuments, in accordance with Paragraph 11.02.B of the General Conditions.

    ARTICLE 15 SUBMITTAL OF BID

    15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the BidForm, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and

    submitted with the Bid security and the following documents:

    A. List of Proposed SubcontractorsB. List of Proposed SuppliersC. Affidavit of Non-Collusion

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    15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in theadvertisement or invitation to bid and shall be enclosed in a plainly marked package with the Project title

    (and, if applicable, the designated portion of the Project for which the Bid is submitted), the name and

    address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid issent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate

    package

    addressed to the Town of Ocean City, Maryland, c/o the City Manager, Town of Ocean City, Maryland, 301Baltimore Avenue, Ocean City, Maryland 21842.

    ARTICLE 16 MODIFICATION AND WITHDRAWAL OF BID

    16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that aBid must be executed and delivered to the place where Bids are to be submitted prior to the date and time

    for the opening of Bids.

    16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner andpromptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material andsubstantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid, and the Bid security will

    be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the

    Work.

    ARTICLE 17 OPENING OF BIDS

    17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and, unlessobviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and majoralternates, if any, will be made available to Bidders after the opening of Bids.

    ARTICLE 18 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

    18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, inits sole discretion, release any Bid and return the Bid security prior to the end of this period.

    ARTICLE 19 EVALUATION OF BIDS AND AWARD OF CONTRACT

    19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming,nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any

    Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. Owner may also reject

    the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make anaward to that Bidder. Owner also reserves the right to waive all informalities not involving price, time, or

    changes in the Work and to negotiate contract terms with the Successful Bidder.

    19.02 More than one Bid for the same Work from an individual or entity under the same or different names willnot be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bidfor the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that

    Bidder has an interest.

    19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed requirements,and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice ofAward.

    19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualificationsand experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of

    the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be

    submitted as provided in the Supplementary Conditions.

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    19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility,qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities

    proposed for those portions of the Work in accordance with the Contract Documents.

    19.06 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the bestinterests of the Project.

    ARTICLE 20 CONTRACT SECURITY AND INSURANCE

    20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets forthdelivers the executed Agreement to Owner, it shall be accompanied by such bonds.

    ARTICLE 21 SIGNING OF AGREEMENT

    21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the requirednumber of unsigned counterparts of the Agreement along with the other Contract Documents which are

    identified in the Agreement as attached thereto. Within 15 days thereafter, Successful Bidder shall sign and

    deliver the required number of counterparts of the Agreement and attached documents to Owner. Within tendays thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of

    the Drawings with appropriate identification.

    ARTICLE 22 SALES AND USE TAXES

    22.01 Please refer to Maryland State COMAR 03.06.01.19 regarding taxable and non-taxable materials for thefound at http://business.marylandtaxes.com. The Contractor shall be fully responsible for the payment of allsales and use taxes on this project as required.

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    EJCDC C-410 Suggested Bid Form for Construction ContractsCopyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

    N:\14225-000\Engineering\Specs\Div 00\Div 00 Dukes\05-00410.doc April 2013

    00410-i

    This document has important legal consequences; consultation with an attorney is encouraged with respect to

    its use or modification. This document should be adapted to the particular circumstances of the contemplated

    Project and the controlling Laws and Regulations.

    BID FORMFOR CONSTRUCTION CONTRACTS

    Prepared by

    ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

    and

    Issued and Published Jointly by

    AMERICAN COUNCIL OF ENGINEERING COMPANIES

    ______________________

    ASSOCIATED GENERAL CONTRACTORS OF AMERICA

    ______________________

    AMERICAN SOCIETY OF CIVIL ENGINEERS

    _______________________

    PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

    A Practice Division of the

    NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

    Endorsed by

    CONSTRUCTION SPECIFICATIONS INSTITUTE

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    EJCDC C-410 Suggested Bid Form for Construction ContractsCopyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

    N:\14225-000\Engineering\Specs\Div 00\Div 00 Dukes\05-00410.doc April 2013

    00410-ii

    Copyright 2007 National Society of Professional Engineers

    1420 King Street, Alexandria, VA 22314-2794

    (703) 684-2882

    www.nspe.org

    American Council of Engineering Companies

    1015 15th Street N.W., Washington, DC 20005

    (202) 347-7474

    www.acec.org

    American Society of Civil Engineers

    1801 Alexander Bell Drive, Reston, VA 20191-4400

    (800) 548-2723

    www.asce.org

    Associated General Contractors of America

    2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308

    (703) 548-3118

    www.agc.org

    The copyright for this EJCDC document is owned jointly by the four

    EJCDC sponsoring organizations and held in trust for their benefit by NSPE.

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    EJCDC C-410 Suggested Bid Form for Construction ContractsCopyright 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

    N:\14225-000\Engineering\Specs\Div 00\Div 00 Dukes\05-00410.doc April 2013

    00410-iii

    TABLE OF CONTENTS

    Page

    Article 1 Bid Recipient ...................................................................................................................................................................... 1

    Article 2 ............................................................................................................................................. 1

    Article 3 s Representations.................................................................................................................................................... 1

    Article 4 ......................................................................................................................................................... 2

    Article 5 Basis of Bid ........................................................................................................................................................................ 3

    Article 6 Time of Completion ........................................................................................................................................................... 7

    Article 7 Attachments to This Bid ..................................................................................................................................................... 4

    Article 8 Defined Terms .................................................................................................................................................................... 4

    Article 9 Bid Submittal ...................................................................................................................................................................... 4

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    00410-1

    ARTICLE 1 BID RECIPIENT

    1.01 This Bid is submitted to: THE MAYOR AND CITY COUNCIL OF OCEAN CITY, MARYLANDc/o Office of the City Manager

    301 Baltimore Avenue

    Ocean City, Maryland 21842

    1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner inthe form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding

    Documents for the prices and within the times indicated in this Bid and in accordance with the other terms andconditions of the Bidding Documents.

    ARTICLE 2 MENTS

    2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation thosedealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the

    Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

    ARTICLE 3 IONS

    3.01 In submitting this Bid, Bidder represents that:A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the

    Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

    Addendum No. Addendum Date

    B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Siteconditions that may affect cost, progress, and performance of the Work.

    C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, andperformance of the Work.

    D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at orcontiguous to the Site and all drawings of physical conditions relating to existing surface or subsurfacestructures at the Site (except Underground Facilities) that have been identified in SC-4.02 as containing

    reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at

    the Site that have been identified in SC-4.06 as containing reliable "technical data."

    E. Bidder has considered the information known to Bidder; information commonly known to contractorsdoing business in the locality of the Site; information and observations obtained from visits to the Site; theBidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with

    respect to the effect of such information, observations, and documents on (1) the cost, progress, andperformance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction

    to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and

    procedures of construction expressly required by the Bidding Documents; and (3) safetyprecautions and programs.

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    F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does notconsider that further examinations, investigations, explorations, tests, studies, or data are necessary for the

    determination of this Bid for performance of the Work at the price(s) bid and within the times required,

    and in accordance with the other terms and conditions of the Bidding Documents.

    G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relatesto the Work as indicated in the Bidding Documents.

    H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidderhas discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to

    Bidder.

    1. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms andconditions for the performance of the Work for which this Bid is submitted.

    ARTICLE 4 ON

    4.01 Bidder certifies that:A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and

    is not submitted in conformity with any collusive agreement or rules of any group, association,

    organization, or corporation;

    B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;C. Bidder has not solicited or induced any individual or entity to refrain from bidding; andD. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the

    Contract. For the purposes of this Paragraph 4.01.D:

    1. c , or soliciting of any thing of value likely toinfluence the action of a public official in the bidding process;

    2. n intentional misrepresentation of facts made (a) to influence thebidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitivelevels, or (c) to deprive Owner of the benefits of free and open competition;

    3. c Bidders, with or withoutthe knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive

    levels; and

    4. cproperty to influence their participation in the bidding process or affect the execution of the Contract.

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    00410-3

    ARTICLE 5 BASIS OF BID

    5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):BID SCHEDULE

    No. Item Unit Quantity Unit

    Price

    Total

    PART A LUMP SUM ITEMS

    A-1 Dukes Avenue Wastewater Pumping Station

    Improvements as required by the ContractDocuments all complete and in place

    LS -- -- $_________

    TOTAL FOR PART A LUMP SUM ITEMS $_________

    PART B CONTINGENT UNIT PRICE ITEMSB-1 Contingent Test Pits CY 10 $_________ $_________

    B-2 Contingent Unclassified Excavation CY 5 $_________ $_________

    B-3 Contingent Borrow Material, A-1, A-2-4, A-2-6

    or A-3

    CY 5 $_________ $_________

    B-4 Contingent DG Aggregate, MDSHA CR-6 or

    GAB

    CY 10 $_________ $_________

    B-5 Contingent OGC Aggregate, MDSHA No. 57Aggregate

    CY 10 $_________ $_________

    B-6 Contingent Geotextile SY 20 $_________ $_________

    B-7 Furnishing and Placing Contingent 2,500 psi

    Concrete

    CY 5 $_________ $_________

    B-8 Furnishing and Placing Contingent Structural

    Concrete

    CY 5 $_________ $_________

    B-9 Furnishing and Placing Contingent Steel forConcrete Reinforcement

    TON 1 $_________ $_________

    Total for Part B CONTINGENT UNIT PRICE ITEMS $_________

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    00410-4

    Unit prices have been computed in accordance with Paragraph 11.03.B of the General Conditions.Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose ofcomparison of Bids, and final payment for all Unit Price Bid Items will be based on actual quantities,determined as provided in the Contract Documents.

    RECAPITULATION

    Total for PART A - LUMP SUM ITEMS $_________

    Total for PART B - CONTINGENT UNIT PRICE ITEMS $_________

    TOTAL BASE BID FOR CONTRACT $_________(PARTS A AND B)

    BASIS FOR AWARD: The award of the Contract shall be based on the total ofParts A, and B.

    I/We proposed to furnish all materials, labor, equipment and other facilities and appurtenances necessaryand proper for Dukes Avenue Wastewater Pumping Station Improvements in accordance with Specificationsthereof at and for the lump sum price of:

    ______________________________________________________________________________________

    and ____________________________________________________________________________cents.

    ARTICLE 6 TIME OF COMPLETION

    6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final paymentin accordance with Paragraph 14.07 of the General Conditions on or before the dates or within the number of

    calendar days indicated in the Agreement.

    6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.ARTICLE 7 ATTACHMENTS TO THIS BID

    7.01 The following documents are submitted with and made a condition of this Bid:A. Required Bid security in the form of ;B. List of Proposed Subcontractors;C. List of Proposed Suppliers;D. Affidavit of Non-Collusion

    ARTICLE 8 DEFINED TERMS

    8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, theGeneral Conditions, and the Supplementary Conditions.

    ARTICLE 9 BID SUBMITTAL

    9.01 This Bid is submitted by:

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    00410-5

    If Bidder is:

    An Individual

    Name (typed or printed):

    By:

    Doing business as:

    A Partnership

    Partnership Name:

    By:

    (Signature of general partner -- attach evidence of authority to sign)

    Name (typed or printed):

    A Corporation

    Corporation Name: (SEAL)

    State of Incorporation:

    Type (General Business, Professional, Service, Limited Liability):_______

    By:

    (Signature -- attach evidence of authority to sign)

    Name (typed or printed):

    Title:

    (CORPORATE SEAL)

    Attest

    Date of Qualification to do business in Maryland is ____/____/____.

    A Joint Venture

    Name of Joint Venture:

    First Joint Venturer Name: (SEAL)

    By:(Signature of first joint venture partner -- attach evidence of authority to sign)

    Name (typed or printed):

    Title:

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    00410-6

    Second Joint Venturer Name: (SEAL)

    By:

    (Signature of second joint venture partner -- attach evidence of authority to sign)

    Name (typed or printed):

    Title:

    (Each joint venturer must sign. The manner of signing for each individual, partnership, and

    corporation that is a party to the joint venture should be in the manner indicated above.)

    Bidder's Business Address

    Phone No. _____________________________________ Fax No.

    E-mail ______________________________ _______

    SUBMITTED on , 20____.

    State Contractor License No. . [If applicable]

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    WORK SESSION -MAYOR AND CITY COUNCIL

    TUESDAY, MAY 28, 2013

    4. NEW BUSINESSB. Retirement Recognition of George Choisser, Equipment

    Manager at Eagles Landing Golf Course

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    IN APPRECIATION OF GEORGE CHOISSER20 YEARS OF SERVICE

    George Choisser has contributed Twenty (20) years ofdedicated service to the Town of Ocean City, where he began his

    career in 1993; and

    WHEREAS, George Choisser has played an integral role in theRecreation and Parks Department of the Town of Ocean City atEagles Landing Golf Course for the past Twenty (20) years; and

    WHEREAS, George Choissers skill and experience have beeninstrumental in the overall success of the Recreation and ParksDepartment and Eagles Landing Golf Course for the Town of OceanCity, Maryland.

    NOW, THEREFORE, I, Richard W. Meehan, Mayor of the Town ofOcean City, Maryland, along with the Ocean City Council, do herebycommend George for his Twenty (20) years of devoted service andwish him a happy and healthy retirement.

    IN WITNESS WHEREOF, I have hereunto set my hand and caused

    the Great Seal of the Town of Ocean City, Maryland to be affixed this28th day of May in the year of Our Lord two thousand and thirteen.

    ______________________________RICHARD W. MEEHANMayor

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    WORK SESSION -MAYOR AND CITY COUNCIL

    TUESDAY, MAY 28, 2013

    4. NEW BUSINESSC. Request approval to use Homeland Security Grant Funds to

    purchase Toughbooks for Emergency Operations Center

    presented by Special Projects Manager/Grants Coordinator

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    Agenda Item# 4C

    Council Meeting May 28, 2013

    TO: The Honorable Mayor, Council President and Members of Council

    THRU: David L. Recor, ICMA-CM, City Manager

    FROM: Joseph Theobald, Emergency Services Director

    RE:Maryland Emergency Management Agency MEMA Grant for Ocean City EmergencyOperations Center EOC

    DATE: 22 May 2013

    ISSUE(S): Request permission to purchase 9-Panasonic CF-53 ToughbookComputers through Information Tecnology for $ 26,055.00 for theEmergency Operations Center as approved by MEMA under HomelandSecurity Grant to improve the Ocean City EOC .

    SUMMARY: MEMA has awarded Ocean City, Maryland additional HomelandSecurity Funding specifically for updating the Emergency OperationsCenter. The funding was awarded based on improvement plansubmitted by Emergency Services from After Action Reports fromHurricane Irene 2011, Hurricane Sandy 2012 and training at EMIFebruary 2013. This request is for 9-Panasonic CF-53 ToughbookComputers that match the existing units being purchased in PublicSafety under the State of Maryland contract with sole sourcing

    through Brekford. These units would be used in the EOC for plannedevents and incidents. They could be moved to a Continuity ofOperations Location if needed.

    FISCAL IMPACT: Funding for this purchase has been approved by MEMA and requiresthe Mayor and Council approval to purchase under the Town of OceanCity Purchasing requirements with no expense to the Town of OceanCity. Funding must be expended prior to 1 July 2013 or it is lost.

    RECOMMENDATION: Department of Emergency Services recommends the purchase of thisequipment to improve operations in the EOC during planned eventsand incidents.

    ALTERNATIVES Not approving this equipment for purchase would require the fundingbe returned to MEMA.

    RESPONSIBLE STAFF: Joseph Theobald, Emergency Services Director

    COORDINATED WITH: Information Technology

    ATTACHMENT(S): Price quote from Information Technology matching the exisitingequipment being purchased for Public Safety through the State ofMaryland purchasing contract is attached.

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    WORK SESSION -MAYOR AND CITY COUNCIL

    TUESDAY, MAY 28, 2013

    4. NEW BUSINESSD. Request Approval to use Homeland Security Grant Funds to

    purchase SCALA Information System presented by Special

    Projects Manager/Grants Coordinator

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    Agenda Item# 4D

    Council Meeting May 28, 2013

    TO: The Honorable Mayor, Council President and Members of Council

    THRU: David L. Recor, ICMA-CM, City Manager

    FROM: Joseph Theobald, Emergency Services Director

    RE:Maryland Emergency Management Agency MEMA Grant for Ocean City EmergencyOperations Center EOC

    DATE: 22 May 2013

    ISSUE(S): Request permission to purchase SCALA Information System throughKipp Visual Systems , Inc for $ 16,955.28 for the EmergencyOperations Center and the Public Safety Building as approved byMEMA under a Homeland Security Grant to improve the Ocean CityEOC

    SUMMARY: MEMA has awarded Ocean City, Maryland additional HomelandSecurity Funding specifically for updating the Emergency OperationsCenter. The funding was awarded based on an improvement plansubmitted by Emergency Services from After Action Reports fromHurricane Irene 2011, Hurricane Sandy 2012, and training at EMIFebruary 2013. We are recommending sole source to Kipp DigitalSignage System because this system matches the existing system in

    the Convention Center, to be installed in the Public Safety Building(PSB) and we are piggy backing off the Convention Center franchiselicense. This system would allow information to be posted within thePSB in several locations on 42 inch monitors.

    FISCAL IMPACT: Funding for this purchase has been approved by MEMA and requiresthe Mayor and Council approval to purchase under the Town of OceanCity Purchasing requirements with no expense to the Town of OceanCity. Funding must be expended prior to 1 July 2013 or it is lost.

    RECOMMENDATION: Department of Emergency Services recommends the purchase of thisequipment to improve operations in the EOC and PSB during plannedevents and incidents.

    ALTERNATIVES Not approving this equipment for purchase would require the fundingbe returned to MEMA.

    RESPONSIBLE STAFF: Joseph Theobald, Emergency Services Director

    COORDINATED WITH: Information Technology, Electronic Services and DPW Electricians

    ATTACHMENT(S): Price quote from Kipp Visual with equipment matching the system inConvention Center is attached.

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    WORK SESSION -MAYOR AND CITY COUNCIL

    TUESDAY, MAY 28, 2013

    4. NEW BUSINESSE. Request Approval to use Homeland Security Grant Funds to

    purchase Digitalized Desktop Software for Emergency

    Operation Plan presented by Special ProjectsManager/Grants Coordinator

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    Agenda Item# 4E

    Council Meeting May 28, 2013

    TO: The Honorable Mayor, Council President and Members of Council

    THRU: David L. Recor, ICMA-CM, City Manager

    FROM: Joseph Theobald, Emergency Services Director

    RE:Maryland Emergency Management Agency MEMA Grant for Ocean City EmergencyOperations Center EOC

    DATE: 22 May 2013

    ISSUE(S): Request permission to purchase a computer desktop system for$10,260.00 to be used in the Ocean City EOC to access EmergencyOperations Plans, checklists and related materials as approved byMEMA under Homeland Security Grant to improve the Ocean City EOC.

    SUMMARY: MEMA has awarded Ocean City, Maryland additional HomelandSecurity Funding specifically for updating the Emergency OperationsCenter. The funding was awarded based on improvement plansubmitted by Emergency Services from After Action Reports fromHurricane Irene 2011, Hurricane Sandy 2012 and training at EMIFebruary 2013. This request is for a computer desktop program thatwill have the Emergency Operations Plan, Hazard Plans, checklistsystems, Continuity of Operations Plans and related forms available

    on computers in the EOC. The State of Maryland and Delaware areboth purchasing these sytems. We would request sole sourcingthrough Parsons and Associates to match the State's systems and toreceive a 5% discount included in the $ 10,260.00. This systemwould be used in the EOC for planned events and incidents.

    FISCAL IMPACT: Funding for this purchase has been approved by MEMA and requiresthe Mayor and Council approval to purchase under the Town of OceanCity Purchasing requirements with no expense to the Town of OceanCity. Funding must be expended prior to 1 July 2013 or it is lost.

    RECOMMENDATION: Emergency Services recommends the purchase of this system toimprove operations in the EOC during planned events and incidents.

    ALTERNATIVES Not approving this equipment for purchase would require the fundingbe returned to MEMA.

    RESPONSIBLE STAFF: Joseph Theobald, Emergency Services Director

    COORDINATED WITH: Information Technology

    ATTACHMENT(S): Price quote from Parsons and Associates for scope of work, programsand discount applied.

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    WORK SESSION -MAYOR AND CITY COUNCIL

    TUESDAY, MAY 28, 2013

    4. NEW BUSINESSF. Discussion regarding agenda placement of Comments from

    the Public

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    TOWN OF

    T h e Wh i t e M a r l i n Ca p i t a l o f t h e Wo r l d

    TO: The Honorable Mayor, Council President and Members of Council

    FROM: David L. Recor, ICMA-CM, City ManagerRE: Comments from the Public

    DATE: May 15, 2013

    ISSUE(S): Agenda placement of Comments from the Public

    SUMMARY: Since the February 19, 2013, Mayor and Council regular session,public comment has occurred at the beginning of the meeting to

    allow any person to speak on any matter. A period of public

    comment was also added at the beginning of each work sessionto address topics specific to a matter scheduled for discussion on

    the work session.

    Both instances allow public input prior to the Mayor and Council

    decision making process; however, it was suggested that theplacement of public remarks be revisited to determine if this new

    procedure ensures the most effective and objective approach.

    FISCAL IMPACT: Not applicable

    RECOMMENDATION: Refer to Mayor and Council

    ALTERNATIVES: Not applicable

    RESPONSIBLE STAFF: Not applicable

    COORDINATED WITH: Not applicable

    ATTACHMENT(S): None

    Agenda Item # 4F

    Council Meeting May 28, 2013