828979streetRville.pdf

City of Rockville Rockville, Maryland

INVITATION FOR BIDS # 37-26

SENIOR CENTER ENTRANCE ON WEST GUDE DRIVE PROJECT

Bids Due by 2:00 PM (ET) June 30, 2026

BIDS RECEIVED AFTER JUNE 30, 2026 2:00 PM ET WILL NOT

BE CONSIDERED

ISSUED BY:

TJ Ellison, CPPB Principal Buyer

Procurement Department City of Rockville, City Hall

111 Maryland Avenue, 1st Floor Rockville, Maryland 20850

Phone: (240) 314-8448

ISSUED ON:

June 5, 2026

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

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 tellison@rockvillemd.gov .

I/WE HAVE DECLINED TO BID ON IFB # 37-26, titled Senior Center Entrance on West Gude Drive Project for the following reason(s): [Please place a check mark (ü) next to the reason(s) as applicable]

(ü) 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, or Disabled (MFD) business? _______ Yes _______ No

Company Name: ____________________________________________________________________

Mailing Address: ______________________________________________________________________

Telephone Number: _____________ Email Address: _______________

Authorized Signatory Printed Name

Title Date mailto:pryan@rockvillemd.gov

CITY OF ROCKVILLE

ROCKVILLE, MARYLAND

INVITATION FOR BIDS # 37-26

Senior Center Entrance on West Gude Drive Project

TABLE OF CONTENTS

Section Contents

I Announcement, Description and General Information II General Terms, Conditions, and Instructions to Bidders III Special Provisions IV Technical Specifications V Bid Packet, Proposal Forms and Sample Documents

VI

Appendix A Montgomery County Noise Ordinance Chapter 31B of the County Code p. 178

Appendix B City of Rockville, Department of Public Works As-Built Plan Requirements Dated May 2004 p. 180

VII Drawings

p. 4

p. 14

p. 40

p. 53

p. 153 p.182

ROCKVILLE, MARYLAND

INVITATION FOR BIDS # 37-26

SENIOR CENTER ENTRANCE ON WEST GUDE DRIVE PROJECT

SECTION I

1. SECURED BIDS will be received electronically via a City designated bid receipt software solution until TUESDAY, JUNE 30, 2026 at 02:00 PM (ET). PLEASE NOTE THAT ANY BID

DOCUMENTS ENTERED INTO THE SOFTWARE SOLUTION AFTER 2:00PM ET

WILL NOT BE CONSIDERED. 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 bid.

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.

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.

2. PRE-BID CONFERENCE

A virtual, telepresence pre-bid meeting will be held on MONDAY, JUNE 15, 2026, AT 03:30 PM (ET). Individuals interested in viewing the project location may participate in the site visit referenced below after the pre-bid meeting. Bidders must register below in order to attend the meeting. This meeting is not mandatory; however, bidders are strongly encouraged to attend.

Register for the Virtual Pre-bid Meeting Here: Registration Link

3. DEADLINE FOR QUESTIONS

https://rockvillemd.webex.com/weblink/register/r90d61893b54db5f20a64cfca46daddd9

Questions pertaining to this bid may be directed to TJ Ellison, Principal Buyer via the City’s Collaboration Portal only at https://contracts.rockvillemd.gov/gateway/Default.aspx no later than WEDNESDAY, JUNE 17, 2026, AT 4:00 PM (ET). Oral answers to questions relative to interpretation of specification or the bid process will not be binding on the City.

4. ADDENDUMS

Oral answers to questions relative to interpretation of specifications or the proposal process will not be binding on the City. When submitting written questions, please state clearly if the questions were prepared using artificial intelligence software (AI).

To ensure fair consideration for all offerors, 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 proposals or if the lack of such information would be detrimental to the uninformed offeror. Such addendums, if issued, will posted at City’s Collaboration Portal listed below:

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

Please note, that it is the respondent’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.

5. PROJECT DESCRIPTION

This project is for the construction of a driveway entrance on WEST GUDE DRIVE for Rockville Senior Center at 1150 Carnation Dr. Rockville, MD 20850 and other associated work as shown on the Contract Drawings and included in these specifications.

The scope of work includes but is not limited to the following:

• Remove trees and stumps;

• Provide and maintain erosion and sediment control and tree protection measures at all times throughout the construction period;

• Construct driveway entrance, access road and sidewalk;

• Construct new parking area to existing parking lot;

• Construct concrete curb and gutter;

• Construct storm drain structures and pipes;

• Construct stormwater management, micro bioretention facility;

• Construct streetlight junction box, conduits and install/replace the streetlight poles;

• Construct Security Gate System Foundations.

• Relocate the art statue onsite;

• Modify the traffic signal at the intersection of W Gude Dr at Piccard Dr/New driveway entrance

• Restoration of all disturbed areas;

• Landscaping including the planting of trees and shrubs.

6. SUMMARY OF WORK

The scope of work for the project includes the addition of a new access drive to the City of Rockville Senior Center facility from W. Gude Drive at the existing signalized intersection with Piccard Drive. Signal modifications will be necessary to add the new leg to the intersection and for the creation of a new left turn lane from westbound W. Gude Drive to enter the site. The installation of a new concrete apron and replacement of sections of the existing shared use path on W. Gude Drive will also be required.

The new asphalt access drive will connect from W. Gude Drive to the existing parking lot on site.

It will have curb and gutter and an adjacent 5 foot wide sidewalk. Two new streetlights will be added alongside the access drive, and will tie into the existing circuit for parking lot lighting.

Other site work includes the installation of a stormwater management micro bioretention area and associated drainage infrastructure. In addition, a small extension to the existing parking lot will be added, and foundations for a gate system, to be installed by others, are included. In addition, tree removal and plantings and other landscaping, and general site work are part of the project.

7. PROJECT DURATION

The duration of all these tasks shall not exceed 180 days from the Notice to Proceed. NOTE that the facility must always remain open and accessible to the public.

8. PROJECT CLASSIFICATION

The estimated cost/classification of this project is within the range of $500,000 to $1,000,000 (Class C). This range is in accordance with project classifications established by the State of Maryland

DGS.

9. BID SECURITY

Bids must be accompanied by an electronic copy of the Bid security made payable to the Mayor and Council of Rockville in an amount of five percent (5%) of Bidder’s Total Bid Price and in the form of a Bid Bond (AIA Bid bond form is acceptable) or a certified check, where the original security instrument must be mailed to City of Rockville, Procurement Division, 111 Maryland Avenue, Rockville, Maryland 20850, referencing the solicitation number. 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.

10. AGREEMENT/PERFORMANCE & PAYMENT BONDS

The successful contractor shall be required to complete and electronically return a copy of the City’s Standard Form of Agreement along with Performance and Payment Bonds in the amount of 100% of the Contract award within fifteen days after the date of issuance (samples attached), where two (2) sets of the original agreement and original bonds must be mailed to City of Rockville, Procurement Division, 111 Maryland Avenue, Rockville, Maryland 20850. No other form of performance or payment security will be permitted. Failure by the contractor to provide both the electronic versions and original versions of the agreement or bonds, as required, shall be just cause for annulment of the award and the forfeiture of the Bid Guarantee which shall become the property of the City, not as a penalty but in liquidation of damages sustained. Any instance where the City cannot locate the mailed versions of the agreement or bonds shall be just cause for annulment of the award and the forfeiture of the Bid Guarantee which shall become the property of the City, not as a penalty but in liquidation of damages sustained.

11. INSURANCE

The successful contractor shall be required to electronically furnish a certificate of insurance to include endorsements for additional insured and waiver of subrogation requirements within fifteen days after the date of request by the City. Failure by the contractor to provide insurance shall be just cause for annulment of the award and the forfeiture of the Bid Guarantee which shall become the property of the City, not as a penalty but in liquidation of damages sustained.

12. 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, Bidders Name and Bid Due Date.

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: Registration Link

13. SUBMITTALS

The following information must be submitted with the bid, where failure to submit requested items may result in rejection of the bid:

• Bid Proposal Forms

• A certified check or bid bond must be in the amount of five percent (5%) of the total bid amount, made payable to the Mayor and Council of Rockville as in General Conditions and Inspections to Bidders, #24.

• If the bidder intends to subcontract any or part of the work, then the bidder must identify and include references for each qualified subcontractor, together with a description of the proposed subcontract work. This evidence shall be submitted with the bid. A minimum of three references shall be provided; additional project references may be required to meet all the requirements.

14. ADMINISTRATIVE BIDDING REQUIREMENTS AND INSTRUCTIONS

a. Procurement Rules:

The City of Rockville has established for purposes of this Invitation for Bid that the words “shall”, “must”, or “will” are equivalent in this IFB and indicate a mandatory requirement or condition, the material deviation from which will not be waived by the City. A deviation is material if, in the City’s sole discretion, the deficient response is not in substantial accord with this IFB’s mandatory requirements.

The words “should” or “may” are equivalent in this IFB and indicate very desirable conditions, or requirements but are permissive in nature. Deviation from, or omission of, such a desirable condition or requirement will not in and of itself cause automatic rejection of a bid proposal, but may result in being considered as not in the best interest of the City of Rockville.

To be considered for an award, the Bidder must agree to abide by each mandatory requirement included in this IFB.

b. Definitions:

https://contracts.rockvillemd.gov/gateway/Default.aspx https://rockvillemd.webex.com/weblink/register/rcbabfa720aba90cfcbf58fccd2f97ad1 https://rockvillemd.webex.com/weblink/register/rcbabfa720aba90cfcbf58fccd2f97ad1

The term “IFB” means this invitation for you, the Bidder, to make an offer to the City of Rockville.

The terms “bid” and “bid proposal” means the offer submitted by you, the Bidder.

The term “bidder” means the entity making an offer to the City of Rockville in response to this invitation.

The term “City” means the City of Rockville.

The term “Contractor” means a bidder that is awarded a contract as a result of this Invitation.

The term “day” means calendar day unless otherwise specified in the document.

The term "dollar" and the symbol "$" mean United States of America dollars.

The term “Engineer” means the design professional responsible for the specifications and plans.

The acronyms “MDSHA” and “SHA” stand for the Maryland State Highway Administration.

The term “Project Manager” means the City of Rockville person managing the project for the City.

The terms “you” and “your” means the same as the term “bidder” above.

All references to a time of day are references to the time in Montgomery County, Maryland, USA.

c. Special Responsibility:

In addition to the evaluation of responsibility listed in Section II – Section II: GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS CONSTRUCTION 3/2022, the City will also evaluate each bidder’s apparent special responsibility based upon the information provided by the bidder in its Bidder Questionnaire, from information provided by references, and on other investigations that the City may conduct. The bidder’s safety program and records are also a factor in determining this special responsibility.

The Bidder should carefully and thoroughly complete all sections of the Bidder Questionnaire and return it with the Bidder’s bid proposal.

If the City cannot readily determine from the Bidder Questionnaire and references that the Bidder is qualified and competent to successfully accomplish this project within the required time, the City will determine that the Bidder is non-responsible and its bid will not be considered for award.

The City reserves the right to reject the bid of a Bidder who has previously failed to satisfactorily perform or complete in a timely manner any similar type contract with any governmental or quasi-governmental agency.

d. Evaluation of Bids:

The City will review each bid proposal received and accepted prior to the official closing date and time for responsiveness:

Has the Bidder conformed to all requirements of this IFB?

Are all forms properly signed and sealed as required?

Are all required documents included with the bid proposal package?

Did the Bidder take any exceptions to the requirements?

e. Price Reasonableness and Price Realism Reviews:

The Director of Procurement will have all price proposals analyzed against City’s initial price estimate for price reasonableness (price too high) and price realism (price too low);

The Director of Procurement may have additional confidential price analysis(es) conducted on any price proposal.

If based upon the price analysis, the Director of Procurement determines that the price proposed appears unreasonable or unrealistic the Director of Procurement will require that the Bidder submit documentation justifying the bid price(s) proposed.

If the Bidder’s justification does not satisfy the Director of Procurement, and, if the award of the contract to the Bidder would result in an advantage to the Bidder with a corresponding disadvantage to the City, or, if the competitive bidding process is jeopardized, then Director of Procurement will reject the bid proposal as non-responsive in order to protect the public interest.

f. Unbalanced Bid:

An unbalanced bid is a bid with line items or unit prices with an extreme variation from the City's estimate, or where obvious unbalancing of unit prices has occurred.

If the Director of Procurement determines that the bid appears to be unbalanced, the Director of Procurement will require that the Bidder submit documentation justifying the bid price(s) proposed.

If the Bidder’s justification does not satisfy the Director of Procurement, and, if the award of the contract to the Bidder would result in an advantage to the Bidder with a corresponding disadvantage to the City, or, if the competitive bidding process is jeopardized, then the Director of Procurement will reject the bid proposal as non-responsive in order to protect the public interest.

g. Award of Contract:

Award will be made to lowest responsive and responsible bidder(s) 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 not to award or use any bid alternatives when determining the low bid value. In the event the City decides to award any bid alternatives, then the alternative bid item(s) selected will be used in determining the low bid value.

IF the City of Rockville awards a contract as the result of this IFB, the City intends to award it to a single bidder based upon the total lowest responsive and responsible bid.

Your bid proposal is a binding offer to the City. The City will consider the bid proposal (offer) that you, the Bidder, make to the City as a binding offer for not less than 90 calendar days from the IFB closing date. The City may request an extension on the time to award a contract, and, you have the right to accept or decline such a request. The City will consider the signed bid proposal as an offer by you and such offer shall be judged accepted by the City only in accordance with all requirements listed below.

• The City is not obligated to make any award as a result of this IFB.

• The City has the sole discretion and reserves the right to cancel this IFB, and to reject any and all bids, to waive any and all informalities and/or minor irregularities, or to re- advertise with either the identical or revised scope of work, if it is judged to be in the City's best interests to do so.

• In the event of default by the awarded Bidder, the City reserves the right to award a contract to the Bidder with the next lowest priced responsive and responsible bid proposal without any further notice or competition.

• The City reserves the right to reject any bid proposal determined by the Director of Procurement to be inadequate or unacceptable.

h. Acceptance of Offer:

A bid proposal / offer will be considered accepted by the City and a contract formed between the City and the Bidder ONLY AFTER ALL the following actions have been completed:

• The contract document(s) has been formally and legally approved, signed by the Bidder’s authorized agent, and returned to the Director of Procurement; and

• The certificate of insurance and all endorsements have been received and approved by the City’s Risk Manager; and

• The proposed award has been properly approved by the City of Rockville Mayor and Council; and

• The contract document has been formally and legally approved and counter-signed by the City Manager.

i. Licenses/Certificates:

The City reserves the right to require documentation that each Bidder is an established business and is abiding by the Ordinances, Regulation, and Laws of their community and the State of Maryland.

If you are required by any regulatory agency to maintain professional license or certification to provide any product and/or service solicited under this IFB, the City reserves the right to require you to provide documentation of your current license and/or certification before considering your bid proposal and/or before awarding a contract.

If you fail to keep your required license and/or certification current and in force for the term of the contract and any extension, the City will deem you to be in breach of contract and will take all appropriate actions.

j. Minimum Bidder Qualifications:

The Bidder and any proposed subcontractor(s) shall be properly licensed to conduct the project work in Montgomery County, Rockville, Maryland.

A bidder must provide written evidence of at least 5 years prior experience with the scope of work as detailed in the specifications.

If the Bidder intends to subcontract any or part of the work, then the Bidder must identify and include references for each qualified subcontractor, together with a description of the proposed subcontract work. This evidence shall be submitted with the bid, or the City, at its discretion, may determine the bid to be unresponsive. A minimum of three references shall be provided; additional project references may be required to meet all the requirements. The Bidder shall satisfy the City that it and any subcontractors have been engaged in the particular skills required to perform the work for at least 5 years and have established a successful performance record.

Subcontractors shall conform in all respects to the applicable provisions specified for the prime contractor and shall be subject to approval by the City. If a subcontractor or proposed subcontractor is determined to be unacceptable to the City, the Contractor shall substitute an acceptable subcontractor with no change in any contract unit prices or overall contract sum.

The City reserves the right to conduct such investigations as it deems necessary to determine the ability of the Bidder to successfully and timely perform the work. The City reserves the right to request additional information from the Bidder. The City may reject any bid where an investigation of the evidence or information submitted by the Bidder does not satisfy the City that the Bidder is qualified to properly carry out the terms of the Bid Document.

If your organization is listed on the U.S. Excluded Parties List https://sam.gov/on the Task Order official closing date or is put on the Excluded Parties List at any time prior to the formal award of the contract, the Director of Procurement shall immediately determine your organization as non-responsible and your bid proposal will be rejected.

k. Alternate / Equivalent Equipment or Material:

Alternate / Equivalent Item Proposed with Bid:

https://sam.gov/on

• If you propose using any item of equipment or material different from that specified in these documents, you must include a complete set of specifications and justifications with your bid proposal package to substantiate the equivalency or superiority of the proposed alternate item.

You must clearly identify each proposed alternate item in the “Exceptions” section of your bid proposal. Neither the City nor the Engineer will conduct research to find specifications for any proposed alternate item.

• The Engineer will review the submitted documentation for each proposed alternate item to determine its equivalency to the minimum required specifications.

• If the Engineer concurs that the item(s) is(are) equivalent, then your bid proposal will be considered for award.

• If the Engineer determines that the proposed alternate item is not equivalent, then you bid proposal will be rejected as non-responsive and will not be considered for award.

Alternate / Equivalent Item Proposed after Award:

• If you propose using any item of equipment or material different from that specified in these documents, you shall submit a complete set of specifications and justifications as an Engineering Change Request to the Project Manager.

• The Project Manager will review the materials and submit a request to the Engineer for a price proposal to review the change request.

• The Project Manager will submit the Engineer’s price proposal to you for review and approval / rejection.

o If within the time specified by the Project Manager, you approve the Engineer’s price proposal to review the proposed change, the amount of the Engineer’s price proposal will be deducted from you total contract price. The Engineer will then analyze your requested change and make a decision which will be communicated to you by the Project Manager. If the change is approved, the City will modify the contract documents to reflect the change(s).

o If you do not respond within the time specified by the Project Manager, or, you do not approve the Engineer’s price proposal, then the Engineering Change Request will be considered withdrawn.

15. 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 economic considerations. Suggested changes and environmental enhancements for possible inclusion in future revisions of this specification are encouraged.

16. NOTICE TO BIDDERS

Companies not incorporated in the State of Maryland must be in compliance with the State of Maryland Code of Regulations Title 21, State Procurement Regulations in order to enter into a contract with the City. "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."

17. 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.

18. 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.

19. 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.

MARYLAND

GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS

CONSTRUCTION 3/2022

SECTION II

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

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…