City of Rockville

Rockville, Maryland

INVITATION FOR BIDS #36-26

UTILITY LOCATING SERVICES

Bids Due by 2:00 P.M.

THURSDAY, JUNE 18, 2026

BIDS RECEIVED AFTER JUNE 18, 2026 2:00 PM ET

WILL NOT BE CONSIDERED

ISSUED BY:

Gina Washington, Senior Buyer

Procurement Department

City of Rockville, City Hall

111 Maryland Avenue, 1st Floor

Rockville, Maryland 20850

Phone: (240) 314-8431

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 #36-26

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 rwashington@rockvillemd.gov.

I/WE HAVE DECLINED TO BID ON IFB 36-26, titled UTILITY LOCATING SERVICES 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

TABLE OF CONTENTS

SECTION PAGE

Submittal Checklist and Signature (REQUIRED)…………………………………..4

I. Project Overview………………………………………………………………

II. General Terms and Conditions and Instructions to Bidders……………………9

III. Special Terms and Conditions……………………………………………………16

IV. Specifications………………………………………………………………………21

V. Bid Pricing Form…………………………………………………………………..26

Required Forms……………………………………………………………………29

A. Attachment A-Affidavit Form……….……………………………….......…...29

B. Attachment B - Reference Check Form…………………………….………..….30

C. Attachment C - Miss Utility Boundary Map…………………………………

City of Rockville

IFB 36-26

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 attachment A?

________ Did you complete the reference form in attachment B?

________ 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 #36-26

SECTION I: PROJECT OVERVIEW

1.1 SECURED BIDS will be received electronically via a City designated bid receipt software solution until 2:00

P.M. EST, THURSDAY, JUNE 18, 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 THURSDAY, JUNE 18, 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.

1.2 BACKGROUND

A. The City of Rockville is located in the central region of Montgomery County, Maryland. It is the county seat and is a major incorporated city of Montgomery County and forms part of the Baltimore–Washington metropolitan area. The 2010 census tabulated the Rockville's population at 61,209, making it the third largest incorporated city in Maryland. The city has a total area of 13.57 square miles (35.15 km2), of which,

13.51 square miles (34.99 km2) is land and 0.06 square miles (0.16 km2) is water.

B. The purpose of this solicitation is to enter into an agreement with a qualified, knowledgeable, and skilled company to provide private utility locating services, in accordance with Miss Utility of Maryland and all laws governing the locating and marking of underground facilities, including but not limited to the

Annotated Code of Maryland, Public Utilities Article (PUA), Title 12, 12-101, et. Seq. or any subsequent revision. The Contractor will be required to perform locating and marking of the following utilities for the

City of Rockville, Department of Public Works on an “as needed” basis:

1. The Contractor should locate the following:

• Sanitary Sewer Mains

• Sewer Force Mains

• Sewer House Connections

• Water Mains

• Water House Connections

• Fire Hydrant Leads

• Wiring for metered streetlighting

• Wiring for traffic signals and interconnecting cables between signalized intersections

• Wiring for other traffic control devices including flashing beacons.

All work assigned to the Contractor shall be done in accordance with the City of Rockville standards and specifications.

1.3 PROPOSED SCHEDULE

A. IFB release date – Thursday, May 28, 2026

B. Pre-Bid Meeting – Tuesday, June 2, 2026

C. Questions Due – Thursday, June 4, 2026

D. IFB closing date – Thursday, June 18, 2026

1.4 PRE-BID MEETING

A virtual, telepresence pre-bid meeting will be held on Tuesday, JUNE 2, 2026 AT 11:00 A.M. Bidders must register below in order to attend the meeting. This meeting is not mandatory; however, bidders are strongly encouraged to attend. Individuals interested in viewing the vicinity of the work are encouraged to do so independently, and in a socially distanced manner, prior to the pre-bid meeting. Bidders shall assume complete responsibility and liability for any and all visits.

Register for Virtual Pre-Bid Meeting Here: Register

1.5 DEADLINE FOR QUESTIONS

Questions pertaining to this bid may be directed to Gina Washington via the City’s Collaboration Portal only at https://contracts.rockvillemd.gov/gateway/Default.aspx no later than 2:00 P.M. , Thursday, June 4, 2026. Oral answers to questions relative to interpretation of specification or the bid process will not be binding on the City. PLEASE STATE CLEARLY IF THE QUESTIONS WERE PREPARED

USING ARTIFICIAL INTELLIGENCE SOFTWARE (AI).

1.6 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:

At a minimum the file name of the pdf document must contain the Bid Number, Bidders 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

https://rockvillemd.webex.com/weblink/register/re938f037caaa6c7110765fa6f4b08add

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

1.7 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.

1.8 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.

1.9 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."

1.10 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.

1.11 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.

1.12 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.

https://rockvillemd.webex.com/weblink/register/re9d46d95648f48880116d0e5ac954724

CITY OF ROCKVILLE, MARYLAND

SECTION II: GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS

NON-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 that have well known technical or trade meanings are used in accordance with such meanings.

2. 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 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.

3. BID ACCEPTANCE AND OPENINGS 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.

4. 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

5. BID AWARD 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;

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

6. ADDENDUM In the event that any addenda to this solicitation is issued, all solicitation terms and conditions will remain 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 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.

7. ACCEPTANCE/REJECTION OF BIDS The City reserves the right to reject any or all bids in part or full and to waive any technicalities or informalities as may best serve the interests of the City.

Unless otherwise stated in this solicitation, bids shall be valid for a minimum of 90 days following the deadline for submitting offers. Bids may not be withdrawn during that period.

8. MULTI-YEAR BIDS Multi-year contracts may be continued each fiscal year only after funding appropriations have been granted. In the event necessary funding appropriation is not granted, the multi year contract shall be null and void, effective July 1st of the affected year.

9. ERRORS IN BIDS When an error is made in extending total prices the unit bid price will govern. Carelessness in quoting prices or in preparation of 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.

10. 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.

11. TAX EXEMPTION The City is exempt from the payment of any federal excise or any Maryland sales tax.

12. 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 specifications. 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.

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

14. PROMPT PAYMENT DISCOUNTS All discounts other than prompt payment are to be included in the bid price. Prompt payment discounts may 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.

15. 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.

16. SAMPLES Samples of items, if requested, shall be furnished without charge, upon request within ten days. Failure on the part of the bidder to provide such samples within the specified time frame or to comply with these instructions may be cause to consider the bid as non-responsive. If not destroyed and upon request at the time of submission, samples will be returned at the bidder’s expense. Samples may also be tested or become property of the City and may not be returned.

17. SENSITIVE DOCUMENTS 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 store in a secure manner. After such records are no longer need 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:

http://www.rockvillemd.gov/documentcenter/view/74

18. 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 http://www.rockvillemd.gov/documentcenter/view/74 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.

19. 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.

20. 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.

21. EXECUTION OF CONTRACT The awarded bidder shall be required to execute a formal agreement with the City within fifteen days from the award. A sample of the agreement is attached. No revisions to the agreement will be allowed.

Exceptions or revisions to the City’s agreement may deem the bidder non-responsive.

22. COMPENSATION The City will compensate the Contractor in the form of either lump sum payment upon completion and acceptance of the work or monthly progress payments. In either event, compensation shall not exceed any fixed, firm Lump Sum or Total proposed pricing within the Contractor’s offer. All non-labor costs associated with administration, including but not limited to plan copies, courier, mailing data processing, forms, fax transmission, telephone calls, printing, office supplies, copying, are to be included with the pricing and hourly rates offer, otherwise they shall become the responsibility of the Contractor. No payment or reimbursement will be made for travel expenses which include travel time and mileage.

23. INVOICING The Contractor shall submit invoices, in duplicate, which shall include a detailed breakdown of all charges for that monthly period including employee names, date of services, itemized cost (hours and hourly rates) for service.

Invoices shall be based upon completion of tasks and deliverables and shall reference a City Purchase Order number.

All such invoices will be paid promptly by the City of Rockville unless any items thereon are disputed in which event payment will be withheld pending verification of the amount claimed and the validity of the claim. The firm shall provide complete cooperation during any such investigation. All invoices shall be forwarded to the following address: City of Rockville, Attn: (Project Manager),111 Maryland Avenue, Rockville, MD 20850 or via email to the project manager.

24. 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 free as part of the Finance Department’s efforts to improve customer services.

25. PAYMENT TO SUBCONTRACTOR Within seven days after receipt of amounts paid by the City for work performed by a subcontractor under this contract, the Contractor shall either: Pay the Subcontractor for the proportionate share of the total payment received from the City of Rockville attributable to the work performed by the Subcontractor under this contract; or Notify the City of Rockville and Subcontractor, in writing, of his/her intention to withhold all or a part of the Subcontractor’s payment and the reason for non-payment.

26. PERSONNEL Principal or key personnel included in the proposal may not be substituted without written approval of the

City of Rockville. Replacements for key personnel under the contract must have equivalent professional qualifications and experience as those individuals listed in the proposal. The Consultant must submit written professional qualifications and experience for approval within ten working days prior to replacement for City review and approval or rejection.

27. PRICE ADJUSTMENTS (CPI) Unless otherwise stated in the bid document, rates quoted are to be firm for two (2) years after award of a contract. These rates will apply to additional work, change orders and contract modifications. A request for price adjustment after the 2-year period is subject to approval or rejection by the Purchasing Agent. The Consultant shall submit to the Purchasing Agent sufficient justification to support the Consultant's request. A request for price adjustment may not be approved which exceeds the amount of the annual percentage change of the Consumer Price Index (CPI) for the twelve-month period immediately prior to the date of the request.

28. INTERPRETATION Any questions concerning general instruction and specifications shall be directed in writing to the

Purchasing Office. The submission of a bid shall be prima facie evidence that bidder thoroughly understands the terms of the specification. The Contractor shall take no advantage of any error or omission in the specifications.

29. DELIVERY All time limits stated in the contract documents are 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 been previously overlooked and accepted.

30. TRAVEL TIME No payment for travel time to or from the job site shall be charged. Charges begin when the Contractor arrives at each job site and end when the Contractor leaves the job site.

31. DELAYS/EXTENSION OF TIME If the Contractor is delayed in the delivery of the supplies, equipment or services by any act or neglect of the 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 if warranted.

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

32. TERMINATION FOR DEFAULT The contract may be cancelled or annulled by the City in whole or in part by written notice of default to the Contractor upon nonperformance or violation of contract terms and an award may be made to the responsive second ranked Bidder, if default occurs within the initial contract period and the second ranked bidder agrees to hold its bid price, or, the work may be purchased on the open market similar to those so terminated. In either event, the defaulting Contractor (or his surety) shall be liable to the City for costs to the City in excess of the defaulted contract prices.

33. TERMINATION FOR CONVENIENCE The performance of work or services under this contract may be terminated in whole or part, upon five (5) calendar day’s written notice when the City determines that such termination is in its best interest. The City shall be liable only for those accepted goods and/or services furnished prior to the effective date of such termination.

34. ABANDONMENT, DISSOLUTION AND RESTRUCTING A Contractor who abandons or defaults the work on this contract and causes this contract to be re-bid will not be considered in future bids for the same type of work unless the scope of the work is significantly changed. Written notification of changes to company name, address, telephone number, etc. shall be provided to the City of Rockville as soon as possible but not later than thirty (30) days from date of change.

35. CHANGES The City, without invalidating the contract, may order written changes in the scope of work consisting of additions, deletions or modification with the contract sum and time being adjusted accordingly. All such changes shall be made in writing by the Purchasing Agent.

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

The cost or credit to the City from a change in the scope of work shall be determined by mutual agreement. The Contractor shall do all work that may be required to complete the work contemplated at the unit prices or lump sum to be agreed upon.

No alterations or variables in the terms of the contract shall be valid or binding upon the City unless made in writing and signed by the City.

36. EXTRA COSTS If the Contractor claims that any instructions by the contract documents or otherwise involve extra compensation or extension of time, a written protest must be submitted to the purchasing agent within ten (10) calendar days after receipt of such instructions and before proceeding to execute the work, stating in detail the basis for objection.

No such claim will be considered unless so made.

37. GUARANTEE All guarantees and warranties required shall be furnished by the Contractor and shall be delivered to the

Project Manager (e.g. other required documents, operating manuals, maintenance manuals/schedules, etc.) before final payment is made.

The Contractor guarantees that the items conform to the design and specifications and to drawings, samples or other descriptions referred to in this document. The Contractor further guarantees the items will be free from defects in materials and workmanship, latent or patent and are suitable for the intended purpose as far as the Contractor knows or has reason to know. The guarantee contained herein shall remain in full force and effect for a minimum of one year after initial delivery to the City unless another effective period is specified.

38. DEFECTIVE SUPPLIES/SERVICE Defective or unsuitable materials or workmanship shall be rejected and shall be made good by the Contractor. Contractor shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all its effort and other services furnished by Contractor under the Agreement. Without additional compensation, Contractor shall correct or revise any errors, omissions, or other deficiencies in all products of its efforts and other services provided. This shall include resolving any deficiencies arising out of the acts or omissions of Contractor found during or after the course of the services performed by or for Contractor under this Agreement, regardless of City having knowledge of or condoning/accepting the products or the services. Correction of such deficiencies shall be at no cost to City.

39. 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.

40. SUBCONTRACTING When allowed, bidders who intend to subcontract any portion of the work including delivery, installation or maintenance will submit to the City prior to the start of work: 1) a description of the items to be subcontracted, 2) all subcontractor names, addresses and telephone numbers and 3) the nature and extent of the work utilized during the life of the contract.

This does not relieve the Contractor from the prime responsibility of full and complete performance under the contract.

There shall be no contractual relationship between the City and any subcontractor.

41. ADDITIONAL 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 without affecting 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 are being purchased.

42. 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 City Purchasing Ordinance.

43. 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 Mayor and 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 part of the Contractor, or subcontractors or agents of the Contractor.

44. NO LIMITATION OF LIABILITY The mention of any specific duty or liability of the Contractor in any part of the specification shall not be construed as a limitation or restriction upon any general liability or duty imposed upon the Contractor.

45. PROPRIETARY INFORMATION. The City agrees, to the extent permitted by law, to hold all material and information belonging to the offeror, which it deems to be confidential, in strictest confidence. The Contractor agrees to hold all material and information belonging to the City or the City's agents in strictest confidence and not to make use thereof other than for the performance of contractual obligations, to release it only to employees requiring such information.

Reasonable precautions will be exercised for the protection of any proprietary data included in the proposal. It shall be the bidder/proposer’s responsibility to duly note on their submittal if any information in their submitted bid/proposal contains proprietary information and the context under which same should be handled by reviewers. Bidders/proposers shall not mark sections of their bid/proposal as proprietary or confidential if they are to be part of the award of the contract/agreement and are a “material” nature (i.e. prices). Material information may be required to be released in accordance with Public Information Act laws.

46. RELEASE OF INFORMATION During the term of the final agreement, the successful Contractor shall not release any information related to the services or the performance of the services under the agreement nor publish any final reports or documents without the prior written approval of the City.

47. PATENTS AND ROYALTIES Whenever any article, material, appliance, process composition, means or things called for by these specifications is covered by Letter of Patent, the successful bidder must secure, before using or employing such materials, the assent in writing of the owner or licensee of such letters of patent, and file the same with the City.

The Contractor will defend, at its own expense, and will pay the cost and damages awarded in any action brought against the City based on any allegation that the items provided by the Contractor infringe on a patent and copyright license or trade secret. In the event that an injunction shall be obtained against the City's use of items by reason of infringement of any patent, copyright, license or trade secret, the Contractor will, at its expense, procure for the City the right to continue using the items, replace or modify the same so that it becomes non-infringing.

48. MISCELLANEOUS PROVISIONS The City and the Contractor each bind themselves, their partners, successors, assign and legal representatives of such other parties in respect to all covenants, agreements, and obligations contained in the contract document. Neither party to the contract shall assign the contract or sublet it as a whole without the written consent of the other, nor shall the Contractor assign any monies due or to become due hereunder without the previous written consent of the City. Written notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to any officer of the corporation for whom it was intended if delivered or sent by registered or certified mail to the last known address.

Duties and obligations imposed by the contract documents and the rights and remedies available thereunder shall be in addition to and not a limitation of the duties, obligations, rights and remedies otherwise imposed or available by law, unless so indicated.

49. ETHICS REQUIREMENTS In accordance with the City's financial disclosure and ethical conduct policy and/or ordinances a prerequisite for payment pursuant to the terms of this contract is that the Contractor may be required to furnish explicit statements, under oath, that the City Manager, and/or any other officer, agent, and/or employee of the City, and any member of the governing body of the City of Rockville or any member or employee of a Commission, Board, or Corporation controlled or appointed by the City Council, Rockville, Maryland has not received or has not been promised directly or indirectly any financial benefit by way of fee, commission, finder's fee, or in any other manner, remuneration arising from directly or indirectly related to this contract, and that upon request by the City Manager, or other authorized agent, as a prerequisite to payment pursuant to the terms of this contract, the Contractor will furnish to the Mayor and Council of the City of Rockville, under oath, answers to any interrogatories to a possible conflict of interest has herein embodied.

50. BROKERING The Contractor warrants that only an established commercial or selling agency maintained by the

Contractor for the purpose of securing business may be retained to solicit or secure this contract. Any brokerage arrangements must be disclosed in the proposal. For violation of this warranty, the City shall have the right to terminate or suspend this contract without liability to the City.

51. EQUAL EMPLOYMENT OPPORTUNITY The Contractor will not discriminate against any employee or applicant for employment because of age (in accordance with applicable law), sex, race, ancestry, color, religion, sexual orientation, gender identity or expression, physical or mental handicap, marital status, or political expression. The Contractor will take affirmative action to ensure that applicants are employed ,and the employees are treated fairly and equally during employment with regard to the above. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment, layoff or termination, rates of pay or other form of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause.

If the Contractor fails to comply with nondiscrimination clauses of this contract or fails to include such contract provisions in all subcontracts, this contract may be declared void AB INITIO, cancelled, terminated or suspended in whole or in part and the Contractor may be declared ineligible for further contracts with the City of Rockville. Any employee, applicant for employment, or prospective employee with information concerning any breach of these requirements may communicate such information to the City Manager who shall commence a prompt investigation of the alleged violation. Pursuant to such investigation, the Contractor will permit access to the Contractor's books, records, and accounts. If the City Manager concludes that the Contractor has failed to comply with nondiscrimination clauses, the remedies set out above may be invoked.

52. LANGUAGE If applicable, the Contractor shall appoint one or more crew members or supervisors to act as liaison with the City and emergency service personnel. All liaisons shall be fluently bilingual in English and the Contractor’s employees’ language(s), and at least one liaison shall be present at each work site at all times when any of the Contractor’s employees or agents are at the site.

53. IMMIGRATION REFORM AND CONTROL ACT The Contractor awarded a contract pursuant to this bid shall warrant that it does not and shall not hire, recruit, or refer for a fee for employment under the contract an individual knowing the individual is an unauthorized noncitizen and hire any individual without complying with the requirements of the Immigration Reform and Control Act of 1986 (“the Act”), including but not limited to any verification and record keeping requirements. The Contractor shall further assure the City that, in accordance with the Act, it does not and will not discriminate against an individual with respect to hiring, or recruit or referral for a fee, of the individual for employment or the discharging of the individual for employment because of such individual’s national origin or in the case of a citizen or intending citizen, because of such individual’s citizenship status.

54. SUBLETTING OR ASSIGNMENT OF CONTRACT The City and the Contractor each bind themselves, their partners, successors, assigns and legal representatives of such other parties in respect to all covenants, agreements, and obligations contained in the contract documents. Neither party to the contract shall sublet, sell, transfer, assign or otherwise dispose of the contract or any portion thereof, or of the work provided for therein, or of his right, title or interest therein to any person, firm or corporation without the written consent of the other party, nor shall the Contractor assign any monies due or to become due hereunder without the previous written consent of the City.

55. OWNERSHIP OF DOCUMENTS Any and all deliverables, including but not limited to reports, specifications, blueprints, plans, negatives, electronic files and documents, as well as, any other documents prepared by the Contractor in the performance of its obligations under the resulting contract shall be the exclusive property of the City. The Contractor shall not use, willingly allow, or cause such materials to be used for any purpose other than performance of all Contractors’ obligations under the resulting contract without the prior written consent of City. Documents and materials developed by the Contractor under the resulting contract shall be the property of City of Rockville; however, the Contractor may retain file copies, which cannot be used without prior written consent of the City. The City agrees that the Contractor shall not be liable for any damage, loss, or injury resulting from the future use of the provided documents for other than the project specified, when the Contractor is not the firm of record.

56. NO CONTACT DURING PROCUREMENT PROCESS. It is the policy of the City of Rockville that the evaluation and award process for City contracts shall be free from both actual and perceived impropriety, and that contracts between potential vendors and City officials, elected officials and staff regarding pending awards of City contracts shall be prohibited.

a. No person, firm, or business entity, however situated or composed, obtaining a copy of or responding to this solicitation, shall initiate or continue any verbal or written communication regarding this solicitation with any City officer, elected official, employee, or designated City representative, between the date of the issuance of this solicitation and the date of the City’s recommendation to the City Manager or the Mayor and Council for award of the subject contract, except as may otherwise be specifically authorized and permitted by the terms and conditions of this solicitation.

b. All verbal and written communications initiated by such person, firm, or entity regarding this solicitation, if same are authorized and permitted by the terms and conditions of this solicitation, shall be directed to the procurement contact listed in this solicitation.

c. Any violation of this prohibition of the initiation or continuation of verbal or written communications with City officers, elected officials, employees, or designated City representatives shall result in a written finding by the Purchasing agent that the submitted bid or proposal of the person, firm, or entity in violation is “non-responsive,” and same shall not be considered for award.

SECTION III: SPECIAL TERMS AND CONDITIONS

3.1 Point of Contact

To ensure fair consideration for all Bidders, the City prohibits communication to or with any department, elected official or employee during the submission process, other than the Procurement Division, regarding the requirements for this submittal. Any such contact may be considered grounds for disqualification. The City shall not be responsible for oral interpretations given by any City employee or its representative.

All inquiries concerning clarifications of this solicitation or for additional information shall be submitted via the City’s Collaboration Portal.

All responses to questions/clarifications will be sent to all prospective Bidders in the form of a written addendum. Material changes, if any, to the scope of work, or bid procedures will also be transmitted by written addendum.

3.2 Minimum Qualification Requirements

At a minimum, Bidders must provide written evidence (through references) of five (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. The City reserves the right to require references for such subcontractors.

The City shall have the right to take such steps as it deems necessary to determine the ability of the Bidder to perform the work and reserves the right to request additional information.