828930parkRville.pdf

City of Rockville

Rockville, Maryland

INVITATION FOR BIDS #38-26

DAVID SCULL PARK IMPROVEMENTS PROJECT

BIDS RECEIVED AFTER July 9, 2026, 2:00 PM ET WILL NOT

BE CONSIDERED

ISSUED BY:

Leela R. Fireside

Procurement Department City of Rockville, City Hall

111 Maryland Avenue, 1st Floor Rockville, Maryland 20850

Phone: (240) 314-8434

A 5% Bid Bond is required for this Invitation for Bid

Any individual with a disability who would like to receive the information in this publication in another form may contact the ADA Coordinator at

240-314-8100, TDD 240-314-8137

MFD-V Outreach Program It is the intent of the City of Rockville to increase opportunities for minority, female, disabled or veteran (MFD-V) owned businesses to compete effectively at supplying goods, equipment, and services to the City, within the constraints of statutory purchasing requirements, departmental needs, availability, and sound economical considerations, including subcontracting or mentoring opportunities. Suggested changes and MFD- V enhancements to this solicitation’s requirements for possible consideration and/or inclusion in future solicitations are strongly encouraged.

Any questions regarding MFD-V outreach or questions/concerns regarding the City’s bidding process should be addressed to procurement@rockvillemd.gov or 240-314-8430.

mailto:procurement@rockvillemd.gov

IFB #38-26

Statement of “No Bid Submittal”

If you do not intend to submit on this requirement, please complete and return this form prior to date shown for receipt of bids to the buyer listed in this IFB by email only to lrfireside@rockvillemd.gov.

I/WE HAVE DECLINED TO BID ON IFB #38-26 titled DAVID SCULL PARK IMPROVEMENTS PROJECT for the following reason(s): [Please place a check mark () next to the reason(s) as applicable]

() Reason

Proposal requirements too "restrictive".

Insufficient time to respond to the Invitation for Bids.

We do not offer this service.

Our schedule would not permit us to perform.

Unable to meet requirements.

Unable to meet insurance or bond requirements.

Scope of Services unclear (please explain below).

Other (please specify below).

REMARKS:

Are you a Minority, Female, Disabled, or Veteran-Owned (MFD-V) business? _______ Yes _______ No

Company Name: ____________________________________________________________________

Mailing Address: ______________________________________________________________________

Telephone Number: _____________ Email Address: _______________

Authorized Signatory Printed Name

Title Date

CITY OF ROCKVILLE

ROCKVILLE MARYLAND

INVITATION FOR BIDS #38-26

TABLE OF CONTENTS

PAGE

Submittal Checklist and Signature (REQUIRED)…………………….…………….…..5

SECTION

I. Project Overview………………………………………………………………...6 A. Site Location……………………………………………………………… B. Background…………………………………………………………………..6 C. Project Description…………………………………………………..…..…6-8 D. Submittal Instructions………………………………………………………...6

II. Standard Terms and Conditions and Instructions to Bidders……………11-26 A. Award…………………………………………………………………..…….11 B. Insurance requirements……………………………………………...…….27-28

III. Special Terms and Conditions………………………………………………29-44 A. Project Manager………………………………………………………………44

IV. Technical Specifications………………………………See Appendix C and 45-47

A. Point of Contact………………………………………………………………..45 B. Term……………………………………………………………………………45 C. Minimum Qualifications..…………………………………………………...…45

V. Required Bid Pricing Form……………………………………………………48-49

D. Warranty Information………………………………………………….………51 E. Exceptions to bid requirements…………………………………………...…...50

VI. Additional Required Forms……………………………………………………...

F. Attachment A-Affidavit Form G. Attachment B – References Forms H. Attachment C-Bidder’s Questionnaire I. Attachment D – Sample Bond Documents

VII. APPENDICES

Appendix A.

Site Plan Aerial (one page)

Appendix B.

IFB #38-26 Drawings – Bid Set (29 pages)

Appendix C.

Technical Specifications and Scope of Work (199 pages)

Appendix D.

Montgomery County Noise Ordinance (3 pages)

Appendix E.

David Scull Park Storage Building Project Drawings 1972.

City of Rockville IFB #38-26

Submittal Checklist and Signature

This page must be completed and submitted with your bid. Failure to submit this page shall deem your bid non-responsive.

________ Responses shall be submitted electronically via the City’s Collaboration Portal no later than the due date and time as shown in this solicitation.

Contract Insight - Collaboration Portal (rockvillemd.gov)

________ Did an authorized company representative sign the bottom portion of this of this page?

________ Did an authorized representative sign the Affidavit form?

________ Did you complete the reference form in Attachment B?

________ Did you complete the warranty/maintenance information following the pricing page?

________ If you are an entity (limited liability partnerships, corporations, limited partnerships, limited liability companies, limited liability limited partnerships, business trusts, real estate investment trust and trade name filings), is the legal name of your company listed with the State of Maryland Department of Assessments and Taxation and in good standing? You may check by going to https://dat.maryland.gov/Pages/default.aspx

_______ _ Did you check the City’s Collaboration Portal for any addenda and include a signed copy of each with your response?

Note: The City will no longer generate check payments to awarded vendors. Electronic payments will only be issued. If your company is selected, you shall be required to complete and submit an ACH application prior to award of a contract/purchase order.

PAYMENT TERMS: NET 30 DELIVERY: DAYS AFTER RECEIPT OF ORDER

PROMPT PAYMENT DISCOUNT: ____% FOR PAYMENT WITHIN ___ DAYS

COMPANY LEGAL NAME:

ADDRESS: _________________________________________________________________________________________________

SUBMITTED BY: ____________________________________________________________________________________________

SIGN YOUR NAME DATE

PRINT YOUR NAME

TELEPHONE# _________________________________ FAX # _________________________________

E-MAIL ADDRESS: __________________________________________________ FEDERAL ID#/OR SS# ________________________

For informational purposes only – Is your company certified as a Minority, Female, Disabled, or Veteran-Owned (MFD-V) business: _____ yes _____ no ______ I choose not to respond https://contracts.rockvillemd.gov/gateway/Default.aspx https://dat.maryland.gov/Pages/default.aspx

INVITATION FOR BID #38-26

SECTION I: PROJECT OVERVIEW

SECURED BIDS will be received electronically via a City designated bid receipt software solution until 2:00 ET JULY 9, 2026. The bidder assumes full responsibility for the timely delivery of a bid via the designated solution.

Bids delivered in any other fashion will not be considered. Properly submitted bids will be opened in a virtual environment after the time set for receipt of bids and will be read aloud via a City telepresence software solution at the phone number and/or web address provided by the City and contained within this solicitation.

Submission of a bid electronically is consent by the bidder to conduct any or all elements of the procurement by electronic means, in accordance with the terms of this invitation for bids.

Bids presented after the bid receiving deadline will not be received for any reason. The official time clock for receiving bids will be that of the City’s third-party software solution provider’s computer server system.

BIDS RECEIVED AFTER JULY 9, 2026, 2:00 PM ET WILL NOT BE CONSIDERED

PLEASE STATE CLEARLY IF THE BID WAS PREPARED USING ARTIFICIAL INTELLIGENCE (AI)

ATTENTION: BIDDERS ARE HEREBY NOTIFIED THAT THE CITY’S THIRD-PARTY SOFTWARE

SOLUTION PROVIDER’S COMPUTER SERVER TIME MAY DIFFER FROM THAT OF OTHER

ELECTRONIC DEVICES, COMPUTER SOFTWARE AND COMPUTER HARDWARE THAT MAY BE

USED TO ELECTRONICALLY SUBMIT THE BID. BIDDERS ARE RESPONSIBLE FOR ALLOWING

ADEQUATE TIME TO SUCCESSFULLY DELIVER THE BID TO THE REQUIRED ELECTRONIC

LOCATION BY THE REQUIRED TIME.

1.1 SITE LOCATION

David Scull Park Improvement Project is located at 1133 First Street, Rockville, Maryland 20850. The project limits are shown on Appendix A.

1.2 BACKGROUND

David Scull Park (Park) is approximately 4.10 acres and serves the surrounding area through a variety of outdoor recreational opportunities including a baseball/softball field, playground, picnic areas and open space. The Park is currently occupied by a 1970’s-era restroom/shelter structure which is scheduled to be demolished as part of this IFB. The shelter to be demolished shall be replaced with a new modern pavilion with a restroom that will better serve the surrounding residents and park visitors.

This project also includes a walkway throughout the park, entryway to the community at the corner of East Gude Drive and Taft Street, and various landscape and hardscape features with the goal of creating a welcoming entry point to various east Rockville communities.

1.3 PROJECT DESCRIPTION

The project scope includes all labor, equipment, tools and materials, for the construction of a pre-engineered, prefabricated building and the demolition and removal of an existing 1970’s park shelter including capping and moving utilities. The new building shall have an ADA-accessible restroom to include all related items; plumbing, water and sewer, electrical and mechanical components. The project also includes installation of all hardscape and landscape features to include new ADA walkway, benches, trash cans, picnic tables, East Gude Drive and Taft Street corner entryway, stormwater facilities as well as all trees, shrubs, and perennials.

Contractor is responsible for inspections/permitting and as-built drawings at completion of the project. The following is to be performed under this IFB as follows:

David Scull Park Improvements as written and defined in construction documents

Demolition: The removal and disposal of all debris and materials associated with free standing building and associated concrete pad/foundation, disconnection, capping, removing and abandoning of all existing utility services to building, grading, fill, and restoration of all disturbed area and surrounding demolished sites. All removed materials and excavated materials shall be disposed of offsite.

New Building and Site Improvements: Site preparations to include all excavation, grading, foundation and pad installation per manufacturers recommendation. Construction of pavilion, brand name (Cedar Forest Products) or approved equal shall be purchased by contractor. Contractor is responsible for delivery, secure storage and installation of the new park structure. Installation of structure includes permitting for all electrical, plumbing and mechanical associated with the prefabricated pavilion as well as communication with associated inspection services. Demolition and replacement of specified ADA compliant sidewalks, paths, landings, and pads around the building and throughout the park as specified in contract documents. Furnish and install all site amenities (parking space, trash/recycling receptacles, bike racks, tables, grills, benches, bollards, boulders, fencing, and water fountains) to ADA standards.

Contractor is responsible for ensuring all new amenities are ADA compliant upon completion of the project. Furnish and install all landscape items, (tree, shrubs, herbaceous) soil rehabilitation, seeding, sodding, stormwater management and re-establishment of any disturbed areas. Installation procedures and warranty must be included in contract.

1.4 PROJECT DURATION/COMPLETION

Contractor shall begin the project within ten (10) calendar days following issuance of a City of Rockville Purchase Order (Notice to Proceed). All work shall be completed within 180 consecutive calendar days. The time allotted for the work is of the essence.

Liquidated damages shall be assessed at Four Hundred Dollars ($400) per day for each calendar day the work exceeds beyond the specified time allotted for this contract. the City may issue a Limited Notice to Proceed (LNTP) to allow for mobilization, coordination, field measuring, shop drawing review/approval, submission of work plan, and ordering of long-lead items. NOTE the Park must remain open and accessible throughout the duration of construction.

1.5 PERMITS

The City of Rockville is listed as the applicant for all permits in order to waive City of Rockville permit fees. It is the Contractor’s responsibility to comply with all permit terms and conditions, including maintenance and warranty requirements. The Contractor is contractually responsible for implementation and compliance with all conditions of all permits including but not limited to all listed below and also responsible for obtaining additional trade/utility permits listed in order to successfully complete the David Scull Park Improvement Project: The City will waive the permit fee; however, the Contractor shall be responsible for all expenses incurred in complying with permit requirements

• City of Rockville, Building Permit\City of Rockville, Electrical Permit (to be obtained by the Contractor)

• City of Rockville, Plumbing Permit\City of Rockville, Construction Permit (to be obtained by Contactor)

• City of Rockville, Demolition Permit (to be obtained by Contractor)

• City of Rockville, Stormwater Management Permit #2026-00002

• City of Rockville, Erosion and Sediment Control Permit #2026-00002

• City of Rockville, Utility Permit PWK #2026-00003

• City of Rockville, Forest Conservation Plan Amendment FTPO #2026-136-FFCP

• City of Rockville, Forestry Permit FTP #2026-222-FTP

The Contractor is responsible for all reporting, inspection requests, documentation and notifications associated with these permits. Compensation for implementation of the requirements of the above permits is to be included in appropriate bid items and no special compensation will be made.

1.6 PROPOSED SCHEDULE

A. IFB release date – June 12, 2026 B. Pre-Bid Conference – Site Visit Monday June 22, 2026 @ 10:00 AM ET

• Tuesday, June 23, 2026 @ 1:00 PM ET

• Wednesday, June 24, 2026 @ 10:00 AM ET

• Thursday, June 25, 2026 @ 1:00 PM ET

C. Questions Due – Friday, June 26, 2026 @ 2:00 PM ET D. City’s Responses to Questions – Wednesday, July, 1 2026 E. IFB Closing Date – Thursday, July 9, 2026, at 2:00 PM ET

1.7 PRE-BID/SITE VISIT MEETING

A pre-bid meeting will be held on Monday, June 22, 2026 at 10:00AM ET at 1133 First Street, Rockville, Maryland 20850. This meeting is not mandatory; however, bidders are strongly encouraged to attend. It is recommended that bidders review the plans prior to the pre-bid meeting.

Additional site visits will be conducted on June 23, 24, 25th at the time stated above in Section

1.6 B. Please note that the park is open and in a publicly accessible location and can be viewed anytime from Sunrise to Sunset.

Bidders shall assume complete responsibility and liability for all site visits.

1.8 SUBMISSION

All bid forms and documents must be electronically filled out, signed and submitted via one combined pdf document using the City’s Collaboration Portal only at:

https://contracts.rockvillemd.gov/gateway/Default.aspx

At a minimum the file name of the pdf document must contain the Bid Number, Bidder’s Name and Bid Due Date.

Instructions for uploading bid documents can be found within the Vendor Client User Manual and Quick Reference Guides in the Collaboration Portal under document library.

PLEASE NOTE THAT ANY BID DOCUMENTS ENTERED INTO THE SOFTWARE

SOLUTION AFTER 2:00PM ET WILL NOT BE CONSIDERED

A virtual, telepresence bid opening will be held a few minutes after the bid submittal due date and time.

Individuals interested in attending the virtual bid opening must register below:

Register For Virtual Bid Opening Here: Register

1.9 ADDENDUM

Oral answers to questions relative to interpretation of specifications or the proposal process will not be binding on the City.

To ensure fair consideration for all bidders, any interpretation made to prospective offerors will be expressed in the form of an addendum to the specifications, if such information is deemed necessary for the preparation of bids or if the lack of such information would be detrimental to the uninformed offeror. Such addendums, if issued, will be posted at the City’s Collaboration Portal listed below:

Please note, that it is the bidder’s responsibility to check this site frequently for Addendums, which may impact pricing, this documents requirements, terms and/or conditions. Failure to sign and return an Addendum with your response may result in disqualification of proposal.

1.10 ENVIRONMENTAL IMPACT

It is the intent of the City of Rockville to purchase goods, equipment, and services having the least adverse environmental impact, within the constraints of its codified purchasing requirements, departmental needs, availability, and sound economical considerations. Suggested changes and environmental enhancements for possible inclusion in future revisions of this specification are encouraged.

1.11 NOTICE TO BIDDERS

"Pursuant to 7-201 et seq. of the Corporations and Associations, Article of the Annotated Code of Maryland corporations not incorporated in the State, shall be registered with the Department of Assessments and Taxation, 301 West Preston Street, Baltimore, Maryland 21201 before doing any interstate or foreign business in this state. Before doing any intrastate business in this state, a foreign corporation shall qualify with the Department of Assessments and Taxation."

https://rockvillemd.webex.com/weblink/register/r2e4397ec35389b89aef9297ca14e18c3

1.12 US TREASURY IDENTIFICATION NUMBER

Bidders must supply with their bids their U.S. Treasury Department Employers' Identification Number as such number is shown on their Employer's quarterly Federal Tax Return (U.S. Treasury Department Form No. 941). This number shall be inserted on the Bid Sheet in the space provided.

1.13 QUALIFICATION TO CONTRACT WITH PUBLIC BODY

Bidders must be qualified to bid in the State in accordance with Section 14-308 of the State Finance and

Procurement Article of the Annotated Code of Maryland which ordains that any person convicted of bribery (upon acts committed after July 1, 1997) in furtherance of obtaining a contract from the state or any subdivision of the State of Maryland shall be disqualified from entering into a contract with the City.

1.14 DISABILITY INFORMATION

ANY INDIVIDUALS WITH DISABILITIES WHO WOULD LIKE TO RECEIVE THE INFORMATION

IN THIS PUBLICATION IN ANOTHER FORM MAY CONTACT THE ADA COORDINATOR AT 240-

314-8100 TDD 240-314-8137.

1.15 DEADLINE FOR QUESTIONS

Questions pertaining to this bid may be directed to Leela R. Fireside, Principal Buyer via City’s Collaboration Portal only at https://www.rockvillemd.gov/services/bid-on-city-solicitations/. Oral answers to questions, including any questions asked during the Site Visits, related to interpretation of specifications or the bid process will not be binding on the City.

PLEASE STATE CLEARLY IF THE QUESTIONS WERE PREPARED USING

ARTIFICIAL INTELLIGENCE SOFTWARE (AI).

SECTION II. STANDARD TERMS AND CONDITIONS FOR CONSTRUCTION

CITY OF ROCKVILLE

MARYLAND

GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS

CONSTRUCTION 3/2022

1. TERMS AND CONDITIONS The terms and conditions of this document govern in event of conflict with any terms of the bidder’s proposal and are not subject to change by reasons of written or verbal statement by the contractor unless accepted in writing.

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

2. PRE-BID MEETING A virtual, telepresence pre-bid meeting may be held for the purpose of describing the project and for answering any questions prospective bidders may have. If applicable, time and date will be shown on the bid announcement page.

3. SUBMISSION OF BID All bids are to be submitted electronically, in a pdf format file, via a City designated bid receipt software solution. File name of the pdf document must contain the Bid Number, Bidders Name and Bid Due Date. The following forms must be submitted:

• Bid proposal page(s)

• Non-collusion/non-conviction affidavit

• Bid Bond

• Reference sheet

• Other forms as required in the bid document.

The bid proposal form must be filled out and submitted electronically. Conditional bids and bids containing escalator clauses will not be accepted. All bids must be regular in every respect and no interlineation, exclusions, or special conditions shall be made or included. Bids must contain an electronic or scanned signature, in the space provided, of an individual authorized to bind the bidder.

PLEASE STATE CLEARLY IF THE BID RESPONSE WAS DEVELOPED USING ARTIFICIAL INTELLIGENCE (AI) SOFTWARE

OF ANY TYPE.

4. LATE BIDS It is the bidder’s responsibility to assure delivery of the bid at the proper time via the designated electronic, software solution. Bids delivered in any other fashion will not be considered. All bids will be publicly opened in a virtual environment after the time set for receipt of bids and read aloud via a City telepresence software solution. Bidders may attend bid openings at the phone number and/or web address provided by the City.

5. ADDENDUM In the event that any addenda to this solicitation are issued, all solicitation terms and conditions will retain in effect unless they are specifically changed in the addendum. It is the responsibility of the bidder to make inquiry as to addenda issued.

Oral answers to questions relative to interpretation of specifications or the proposal process will not be binding on the City.

Such addendums, if issued, will be posted via the city’s designated electronic, software solution.

Please note, that it is the bidder’s responsibility to check this site frequently for Addendums, which may impact pricing, this document’s requirements, terms and/or conditions. Failure to acknowledge an addendum on the bid proposal form or to sign and return an Addendum with your response may result in disqualification of proposal.

6. BID OPENING All bids received in response to an Invitation for Bid will be opened at the date, time and place specified and publicly read via a City telepresence software solution. A tabulation of bids received will be posted using the City’s designated electronic software solution.

7. ACCEPTANCE OF BIDS Unless otherwise specified in the Invitation for Bid documents, the City will accept or reject any or all bids or any or all items within ninety (90) days after the date of bid opening. Bids may not be withdrawn during that period.

8. BID WITHDRAWAL Bids may be electronically withdrawn (deleted) or modified by deleting the initial file uploaded and replacing it with a modified file using the City’s electronic, software solution before the time specified for bid opening. Requests received after bid opening will not be considered.

9. BID AWARD Unless otherwise specified in the Invitation for Bid documents, award will be made to lowest responsive and responsible bidder complying with all provisions of the Invitation for Bid, provided the price is reasonable and in the best interest of the City to accept. The City reserves the right to award by individual commodities/services, group, all or none or any combination thereof. When a group is specified, all items in the group must be bid.

In determining the responsibility of a bidder, the following criteria will be considered:

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

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

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

d. The quality of performance on previous contracts or services;

e. The previous and existing compliance by the bidder with laws and ordinance relating to the contract or service;

f. The sufficiency of the financial resources and ability of the bidder to perform the contract or provide the service;

g. The quality, availability and adaptability of the goods or services to the particular use required;

h. The ability of the bidder to provide future maintenance and service for the use of the subject of the contract;

i. Whether the bidder is in arrears to the City or a debt or contract or is in default on a surety to the City; and

j. Such other information as may be secured by the City having a bearing on the decision to award the contract.

10. ELECTRONIC PAYMENT OPTION

The Vendor ACH Payment Program of the City allows payments to be deposited directly to a designated financial institution account. Funds will be deposited into the account of your choice automatically and on time. All transactions are conducted in a secure environment. The program is totally free as part of the Finance Department’s efforts to improve customer services.

11. SENSITIVE DOCUMENTS

All project participants needing either electronic or hardcopy documents dealing with critical facilities or sensitive information will be required to make application with and receive approval from the City prior to receiving this information. Permission to receive said documents (herein referred to as “sensitive”) will pertain only to the individual approved. Sensitive documents (either electronic or hardcopy documents dealing with critical facilities or sensitive information) received from the City must be handled consistent with the terms of non-disclosure required for application. Contractor is responsible to restrict use of sensitive documents to project participants only and shall take appropriate measure to prevent distribution of sensitive document to anyone inside or outside of the Contractor’s company except Contractor’s project participants. After completion of the project, all sensitive documents remaining in the Contractor’s possession shall continue to be governed under the terms of non-disclosure and must continue to be stored in a secure manner. After such records are no longer needed for record purposes, the records shall be destroyed or returned to the City.

Where services require the Contractor to access the City’s electronic information resources and/or its electronic data assets, the Contractor shall adhere to all requirements, terms and conditions of the City’s Contractor/Vendor On-Site and Remote Access Confidentiality Agreement, which can be viewed at the following web address:

https://www.rockvillemd.gov/documentcenter/view/36407

12. DOCUMENTS, MATERIALS AND DATA All documents, materials, or data developed as a result of this contract are the City’s property. The City has the right to use and reproduce any documents, materials, and data, including confidential information, used in the performance of, or developed as a result of this contract. The City may use this information for its own purposes, including reporting to state and federal agencies. The contractor warrants that it has title to or right to use all documents, materials or data used or developed in connection with this contract. The Contractor must keep confidential all documents, materials and data prepared or developed by the contractor or supplied by the City.

13. ERRORS IN BIDS When an error is made in extending total prices, the unit price will govern. Erasures in bids must be initialed by the bidder. Carelessness in quoting prices or in preparation of the bid will not relieve the bidder from performing the contract. Errors discovered after public opening cannot be corrected and the bidder will be required to perform if the bid is accepted.

14. MISTAKES Bidders are expected to be thoroughly familiar with all bid documents, including all addenda. No consideration will be granted for any alleged misunderstanding of the intent of the contract documents. In the process of assembling and binding the bid documents individual pages or drawings may have been inadvertently omitted. Each bidder shall carefully and thoroughly examine these bid documents for completeness. No claim of any bidder will be allowed on the basis that these bid documents are incomplete.

15. PRICES Bids must be submitted on a firm, fixed price, F.O.B. destination basis only unless otherwise specified herein.

16. PROMPT PAYMENT DISCOUNTS All discounts other than prompt payment are to be included in the bid price. Prompt payment discounts will be considered in the evaluation of your bid if the discount on payment is not conditioned on payment being made in less than thirty (30) days from receipt of invoice.

17. BIDDER’S PAYMENT TERMS The City will reject as non-responsive a bid under this solicitation, which is conditioned on payment of proper invoices in less than thirty (30) days. However, this does not preclude a bidder from offering a prompt payment discount for payment of proper invoices in less than thirty (30) days.

https://www.rockvillemd.gov/documentcenter/view/36407

18. INTEREST IN MORE THAN ONE BID AND COLLUSION

Multiple bids uploaded/received in response to a single solicitation from an individual, firm, partnership, corporation, affiliate, or association under the same or different names will be rejected. Reasonable grounds for believing that a bidder is interested in more than one bid for a solicitation both as a bidder and as a subcontractor for another bidder will result in rejection of all bids in which the bidder is interested. However, a firm acting only as a subcontractor may be included as a subcontractor for two or more bidders submitting a bid for the work. Any or all bids may be rejected if reasonable grounds exist for believing that collusion exists among any bidders. Bidders rejected under the above provisions shall be disqualified if they respond to a re-solicitation for the same work.

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

20. PLACING OF ORDERS Orders against contracts will be placed with the Contractor on a Purchase Order (or Procurement Card – currently Mastercard) executed by the Purchasing Agent or designee. Where Master Agreements have been released by the City, orders may be placed directly with the Contractor by authorized personnel in the ordering Department(s). Issuance of all purchase orders will be contingent upon appropriation of funds by the Mayor and Council and encumbrance of such funds after July 1st of each year, as provided by the City Code.

21. INSPECTION OF THE WORK SITE Each bidder shall visit the site of the proposed work and become fully acquainted with the existing conditions and fully informed as to any facility involved, and the difficulties and restrictions attending the performance of this contract. Applicable drawings, technical specifications and contract documents should be thoroughly examined. The successful bidder shall in no way be relieved of any obligation due under the executed contract by the failure to examine any form of legal instrument or to visit the site.

22. RISK OF LOSS AND CONDITION OF SITE The City makes no representation and assumes no responsibility for the condition of the site or applicable structures on the site. The Contractor shall accept the site and the contents thereon in the condition in which they are represented. Any damages or loss whatsoever while the contract is in effect (whether by reason of fire, theft, breakage, or other happenings) shall not relieve the Contractor from any obligations under this contract. The Contractor shall store any materials on site as not to damage the materials and shall maintain such storage areas, as directed by the City, in hazard free condition.

23. SUBCONTRACTORS Nothing contained in the contract documents, shall create any contractual relationship between the City and any subcontractor or sub-subcontractor.

Unless otherwise indicated, the successful Contractor who will subcontract the delivery, installation, or portion of the work herein described will submit to the Project Manager, prior to the start of work, the following information: 1) A description of the items to be subcontracted, 2) the subcontractor name, address, and telephone number, and 3) the nature and extent of the work utilized during the life of the contract. Subcontractors shall be considered agents of the Contractor, who shall be held fully accountable for all of the subcontractor services, labor, and materials related to the contract.

24. BID BOND Bids must be accompanied by an electronic copy of a certified check or bid bond for five percent (5%) of the total amount of the bid, made payable to the Mayor and Council of Rockville, where the original security instrument must be mailed to City of Rockville, Procurement Division, 111 Maryland Avenue, Rockville, Maryland 20850, referencing the solicitation number. AIA Bond forms are acceptable. Bonds must be issued by a surety licensed to do business in the State of Maryland. The City reserves the right to disqualify any bid, in any instance, where the City cannot locate the mailed, original security instrument. The City shall not be liable for any certified checks it cannot locate, or in any instance where a certified check is cashed by any individual not employed by the City of Rockville. Bid bonds will not be returned.

25. EXECUTION OF AGREEMENT/BONDS Subsequent to award and within fifteen (15) calendar days after the prescribed forms are presented to the Contractor, the Contractor shall execute and electronically deliver to the City the required Agreement and Bonds, where two (2) sets of the original bonds must be mailed to City of Rockville, Procurement Division, 111 Maryland Avenue, Rockville, Maryland 20850.

Bonds shall be in effect during the original term of the contract and during the guarantee and warranty period required under the Contract, unless otherwise stated therein.

PERFORMANCE BOND The Contractor shall execute and deliver to the City the required Performance Bond for 100% of the bid amount.

PAYMENT BOND For a contract exceeding One Hundred Thousand Dollars ($100,000) the payment bond shall be in an amount equal to 100% of the bid amount. For a contract exceeding Twenty-Five Thousand Dollars ($25,000) but not exceeding One Hundred Thousand Dollars ($100,000) the payment bond shall be in an amount equal to fifty percent (50%) of the bid amount.

Bonds shall be executed by a surety company authorized to do business in the State of Maryland.

The successful bidder may request that in lieu of bonds, the City accept the equivalent in the form of a certified check or other security. Such requests will be accepted or rejected by the City Manager. If rejected, the successful bidder will be required to furnish the bonds or forfeit the bid bond. The City shall not be liable for any certified checks it cannot locate, or in any instance where a certified check is cashed by any individual not employed by the City of Rockville.

Failure of the successful bidder to execute the agreement and supply both the electronic versions and original versions of the required forms within fifteen (15) calendar days shall constitute a default. Any instance where the City cannot locate the mailed versions of the bonds shall also constitute a default. The successful bidder shall forfeit to the City as liquidated damages for such failure or refusal an amount in cash equal to the security deposited with the bid.

The City may either award the contract to the next low responsive and responsible bidder or re-advertise the bids and may charge against the original bidder the difference between the amount of the bid and the amount for which a contract for the work is subsequently executed. If a more favorable bid is received by a re-advertising, the defaulting bidder shall have no claim against the City for a refund.

26. LEGAL REQUIREMENTS All materials, equipment, supplies and services shall conform to applicable Federal, State, County and City laws, statutes, rules, and regulations. The Contractor shall observe and comply with all Federal, State, County and City laws, statutes, rules, and regulations that affect the work to be done. The provisions of this contract shall be governed by the laws of the State of Maryland.

27. INDEMNIFICATION OF THE COUNCIL The Contractor shall indemnify and save harmless the Mayor and Council from all suits, actions and damages or costs, of every name and description to which the Council may be subjected or put by reason of injury to persons or property as a result of the work, whether caused by negligence or carelessness on the part of the Contractor, or subcontractors or agents thereof.

28. DELIVERY Time is of the essence. The Contractor shall expedite the work and achieve substantial completion within the contract time. If time limits are not specified, state the number of days required to make delivery/completion in the space provided. Defective or unsuitable materials or workmanship shall be rejected and shall be made good by the Contractor, notwithstanding that such materials/workmanship have previously been overlooked and accepted.

29. CHANGES IN QUANTITIES/ITEMS The City reserves the right to add or delete any item(s) from the bid in whole or in part at the

City’s discretion as given in the Bid or Proposal wherever it deems it advisable or necessary so to do and such changes shall in no way vitiate the contract nor affect the bid prices for any item or remaining work. Unit prices submitted in the bid shall not be increased or decreased regardless of changes in quantity. The City may waive minor differences in specifications in bids provided these differences do not violate the specifications’ intent nor materially affect the operation for which the items or services are being purchased

The Contractor will be paid for the actual amount of authorized work done or material furnished under any item of the bid at the price bid and stipulated for such item. In case any quantity is increased, the Contractor shall not be entitled to any increased compensation over and above the unit price bid for such item, or any claim for damages on account of loss of anticipated profits should any quantities be decreased. The Contractor shall be responsible for confirming the accuracy of the specified quantities prior to ordering materials or supplies and the City's payment shall be based on the actual quantities incorporated in the work and not the quantities specified in the bid document. The quantities must not exceed the Contract specified quantities without specific written authorization of the Project Manager and it is the Contractor's responsibility to obtain said authorization.

30. MATERIALS All materials shall be new and free from defects. They shall be standard products of current manufacture. Unless otherwise noted in the contract documents, the Contractor shall abide by specific manufacturer instructions and recommendations on installation and operation.

31. BRAND NAME OR EQUAL Identification of an item by manufacturer’s name, trade or brand name, or catalog number is for information and establishment of a quality level desired and is not intended to restrict competition. Bidders may offer any brand which meets or exceeds the specification, unless ‘brand name only’ is specified. Bids on other makes and/or models will be considered provided the bidder clearly states on the proposal what is being proposed and forwards with the bid complete descriptive literature indicating how the characteristics of the article being offered will meet the specifications. The City reserves the right to accept or reject items offered as an equal.

32. DEFECTIVE MATERIALS/WORKMANSHIP

Defective or unsuitable materials or workmanship shall be rejected and shall be made good by the Contractor. If the work shall be found to be defective or to have been damaged before final acceptance, the Contractor shall make good such defect in a manner satisfactory to the City, without extra compensation even though said defect or injury may have not been due to any act or negligence of the Contractor.

33. TIME OF BEGINNING AND COMPLETION Unless otherwise specified in the Invitation for Bid documents, the Contractor shall begin work as directed by the City on the contract within ten (10) working days after the mailing of a purchase order and shall diligently prosecute the same, so that it shall be fully completed within the time as stated in the contract. The Contractor shall not commence any work under the Contract until a written Purchase Order is received from the Purchasing Agent.

34. FAILURE TO COMPLETE WORK ON TIME/ LIQUIDATED DAMAGES The Contractor accepts this contract with the understanding and intention to perform fully and in an acceptable manner within the time stated. Should he fail to complete fully, to all intent and purpose, the work specified in the time specified, or within the time as it may have been extended by the City, the Contractor shall pay, for each calendar day that any work shall remain uncompleted, not including Sundays, the sum of $400 per calendar day or such other amount as specified in the Special Provision, unless otherwise specified in the Invitation for Bid documents, This sum is hereby agreed upon, not as a penalty, but as liquidated damages and the City shall have the right to deduct the amount of such damages from any moneys due the Contractor under this Contract.

The City shall recover such Liquidated Damages by deducted the amount thereof out of any moneys due or that may become due the Contractor, and if said moneys are insufficient to cover said damages, then the Contractor or the Surety shall pay the amount due upon demand by the City.

35. AUTHORITY OF THE CITY MANAGER IN DISPUTES Except as may otherwise be provided by the final agreement, any dispute concerning a question of fact arising under the agreement signed by the City and the Contractor which is not disposed of by the final agreement shall be decided by the City Manager who shall notify the Contractor in writing of his determination. The Contractor shall be afforded the opportunity to be heard and offer evidence in support of the claim. Pending final decision of the dispute herein, the Contractor shall proceed diligently with performance under the agreement signed by the City and the Contractor. The decision of the City Manager shall be final and conclusive unless an appeal is taken pursuant to Chapter 17 of the Rockville City Code.

36. CONTRACT DELAYS/EXTENSION OF TIME The Contractor shall pursue the contract so as to complete all work within the time allotted in the bid document. The completion date as set in the bid document allows for inclement weather, holidays, and coordination with other companies. If the Contractor is delayed in the delivery of the supplies, equipment, or services by any act of neglect of the City or by a separate Contractor employed by the City, or by any changes, strikes, lockouts, fires, unusual delays in transportation or delay authorized by the City, the City shall review the cause of such delay and shall make an extension of time if warranted. All claims for extensions must be in written notice sent to the Project Manager within ten (10) calendar days after the date when such alleged cause for extension of time occurred. All such claims shall state specifically the amount of time of the delay the Contractor believes to have suffered. If written notice is not received within the prescribed time the claim shall be forfeited and invalidated.

37. CONTRACT DELAYS - NO DAMAGE CLAIMS ACCEPTED The Contractor shall make no claim for extra monetary compensation for delays, whether ordered by the City or not, caused by delays in funding, governmental approvals, private or public companies' actions, inclement weather, site conditions, or from any cause whatsoever. The Contractor shall adjust its operation to continue the work at other locations under the contract, if available, and as directed by the City. If it is necessary to discontinue the work temporarily, the Contractor shall resume work within 48 hours of notice from the City. The City may adjust the completion date to compensate for the lost day(s) on a day-for-day basis, if the City finds that the Contractor could not make up for such lost day(s) by reallocating its forces or rescheduling the work, up to the time remaining on the original schedule at the time of shutdown.

38. PROGRESS SCHEDULE AND SCHEDULE OF OPERATIONS The construction of this project will be planned and recorded with an Activities Chart Project Schedule (AC) and Written Narrative (WN) unless specifically determined to be unnecessary by the Project Manager. The AC Project Schedule and Written Narrative will break down, in detail, the time (working days or completion date) involved in performing major construction activities for the duration of the project. The AC Project Schedule shall be used for the coordination and monitoring of major work under the contact including the activities of subcontractors, vendors, and suppliers.

, if applicable to this project, the AC Project Schedule shall be prepared in accordance with the requirements of the Maryland State Highway Administration Standard Specifications for Construction and Materials dated January 1982, and the errata and addend thereto, subsequent supplement(s) and the Special Provisions as set forth in this Invitation for Bids, unless otherwise directed or approved by the Project Manager. The schedule shall be consistent with the contract specified completion date(s) and/or working days. The Contractor is responsible for preparing the initial AC Project Schedule and Written Narrative.

Preparation of Initial Schedule – Unless otherwise specified in the Invitation for Bid documents, Within 10 calendar days after notification that the Contractor is the apparent successful bidder, the Contractor will complete development of an initial AC Project Schedule and Written Narrative (describing the logical time representations as proposed in the AC Project Schedule) and submit 2 (two) copies of each AC and WN to the Project Manager for review and approval.

Updating Project Schedule: At any time that it becomes apparent the schedule, created as above and approved by the Project Manager, is not being implemented, either because the work or service is ahead or behind schedule, the Contractor shall immediately notify the Project Manager and shall submit a revised, written, updated AC and WN for the Project Manager’s review, revision and approval The contractor shall make every effort to meet the original completion date and/or working days allowed unless otherwise so directed by the Project Manager.

Payment for Schedule AC/WN: No special compensation will be paid for preparing or revising the above project AC/WN as the cost shall be considered incidental to the contract with compensation incorporated into the bid items(s).

39. SPECIFICATIONS The Construction Specifications for the contract issued pursuant to this Invitation for Bid will be those shown below and additions included in the bid document, if applicable. In the event of conflict, the City determination shall govern. The following specifications and standards, listed below, including all subsequent addenda, amendments and errata are made part of this contract to the extent required by the references thereto:

1. Maryland Department of Transportation, State Highway Administration, "Standard Specifications for Construction and Materials" (Maryland Department of Transportation, State Highway Administration), dated January 2008 and all errata and addenda thereto. MDSHA Book of Standards for Highway and Incidental Structures.

2. Montgomery County Department of Transportation "Montgomery County Road Construction Code and Standard Specifications."

3. Standard Specifications of WSSC dated July 2005.

4. Montgomery County Department of Transportation "Design Standards" August 1991.

5. Maryland Dept of the Environment "1994 Standards and Specifications Soil Erosion and Sediment Control"

6. The U. S. Department of Transportation, Federal Highway Administration, "Manual on Uniform Traffic Control Devices” latest edition.

7. Montgomery County Noise Ordinance.

40. CONTRACT DOCUMENTS The contract documents will be provided by the Office of City Attorney to the winning bidder and are complementary and what is required by anyone shall be binding as if required by all. Words and abbreviations that have well known technical or trade meanings are used in the contract documents in accordance with such recognized meanings. On drawings, the figured dimensions shall govern in the case of discrepancy between the scales and figures. Anything shown on the construction plans and not mentioned in the specifications or mentioned in the specifications and not shown on the plans shall have the same effect as if shown or mentioned respectively in both.

Prior to award of the contract, the Contractor should obtain clarification of all questions which may have arisen as to intent of the contract document, or any actual conflict between items in the contract documents. Should the Contractor have failed to obtain such clarification, then the City may direct that the work proceeds by any method indicated, specified, or required, in the judgment of the City, by the contract documents. Such direction by the City shall not constitute the basis for a claim for extra costs by the Contractor. The Contractor acknowledges that the Contractor had the opportunity to request clarification prior to contract execution and that the Contractor is not entitled to a claim for extra cost as a result of failure to receive such clarification.

Any discrepancies which may be discovered during the execution of work between actual conditions and those represented by the contract documents shall be reported to the City…