829767trailAnna.pdf

INSTRUCTIONS TO BIDDERS

I.F.B. 26-09

WEST EAST EXPRESS, POPLAR TRAIL IMPROVEMENTS AND WEST EXTENSION, CITY

OF ANNAPOLIS, MARYLAND

The Central Purchasing Office of the City of Annapolis is accepting sealed Bids for construction phase services for the West East Express, Poplar Trail Improvements and West Extension, City of Annapolis, Maryland until 2:00 p.m., local time, Friday, July 24, 2025. Bids shall be delivered or emailed to the Central Purchasing Office, 161 Duke of Gloucester Street, 1st Floor, Annapolis, Maryland 21401, bids@annapolis.gov. Late submittals shall not be accepted under any circumstances.

The scope of work includes, but is not limited to the construction of a ten foot, (10 foot), wide shared use path within an abandoned railway track between the locations of Gibraltar Avenue and Admiral Drive and the widening of the existing trail along the location from Popular Avenue and Taylor Avenue for a combined distance of approximately 1.3 miles.

Interested parties are invited to attend a virtual pre-Bid meeting on Monday, June 29, 2026, at 2:00 p.m., local time, via Google Meet.

The City of Annapolis reserves the right to reject any or all Bids, to waive informalities as deemed appropriate by the City, to award multiple contracts, and to select the Bid deemed to be in the best interest of the City.

Charles M. “Mike” Garascia Procurement Officer

CONTRACT NO. SHA #: AA005b51 FAP NO. AC-TAP-000F(034)E

WEST EAST EXPRESS, POPLAR TRAIL IMPROVEMENTS AND WEST EXTENSION, CITY OF

ANNAPOLIS, MARYLAND

I. F. B. 26-09 TABLE OF CONTENTS

VOLUME 1 - BIDDING AND CONTRACT INFORMATION

Purchasing Definitions Administrative & Selection Information General Solicitation Provisions, Conditions and Clauses 00700 General Conditions of the Construction Contract Exceptions to Standard Documents Federal Transit Administration Clauses

VOLUME 2 - SPECIFICATIONS

Project Specific Information Reference Documents / Appendix

VOLUME 3 – PRICE PROPOSAL AND FORMS

Bid Response Form Affidavits Non-Collusion Certificate Sample Contract Sample Bid Bond Form Sample Payment Bond Sample Performance Bond

VOLUME 4 – FEDERAL AND STATE SUPPLEMENTAL SPECIFICATIONS

Cargo Preference Act CP - Contractor Registration Requirements CP - Maryland Manual on Uniform Traffic Control Devices (MdMUTCD) Requirements CP - (NCHRP) Report 350 and MASH Compliance CP - Occupying Wetlands CP - Form FHWA-1273 CP - Affirmative Action Requirements Utilization of Disadvantaged Business Enterprises for Federal-Aid

Contracts CP - Notice to Contractors DBE Goal CP – DBE Compliance Field Meeting CP - Traffic Control Plan Certification CP - Prevailing Wage Instructions for the Contractor CP - Notice of Actions Required for Affirmative Action to Ensure Equal Employment Opportunity

(Executive Order 11246) CP - Training Provisions CP - High Visibility Safety Apparel Policy SP - Project Description & Specifications SP - Notice to Contractor for Federal Contracts - Request for Information SP - Notice to Contractor-Early Submissions SP - GP Section 2 -Bidding Requirements and Conditions SP - TC Section 2 - Bidding Requirements and Conditions CP - Proposal Form Packet - Federal – Cover CP - Proposal Form Packet – Federal SP - TC-4.02 Failure to Adequately Maintain Project Davis Bacon Wage Determination – Posting For Job Site Davis Bacon Wage Determination – Wage Scale

VOLUME 1 – BIDDING AND CONTRACT INFORMATION

CITY OF ANNAPOLIS

PURCHASING DEFINITIONS

Addenda or Addendum - Written or graphic instruments or documents issued prior to the opening of Bids which clarify, correct or change the Bidding Documents or the Contract Documents.

Administrative Information - The document which is entitled “Administrative & Selection Information”, and included as a part of the Bidding Documents.

Bid - A written submission or proposal including, but not limited to, price, terms of sale, and description of work technical expertise, work experience, and any other information requested in the Bidding Documents or on the Bid Forms, offered by a Bidder to the City for the work or services to be performed pursuant to the Contract. May also be referred to as a “Proposal.”

Bid Bond - The security required to be included in the Bid and furnished by the Bidder as a guaranty of good faith to enter into a Contract with the City if awarded to the Bidder.

Bid Forms - The approved forms included in the Bidding Documents on which the City requires the Bid to be set forth and submitted.

Bid Opening - The date and time set for the receipt of all Bids for a Solicitation, at which date and time the City Procurement Officer, or his/her designee, shall open each received Bid.

Bid Price - The total dollar amount proposed by a Bidder as payment by the City in exchange for the Bidder fulfilling the Contract.

Bidder - One who submits a Bid directly to the City, as distinct from a sub-bidder, who submits a bid to a Bidder. May also be referred to as a “Proposer.”

Bidding Documents – Documents that include these Definitions, the Bid Forms, the Administrative Information, the Construction General Conditions, the General Solicitation Provisions, Conditions and Clauses, the Specifications, and any and all proposed Contract Documents, and including all Addenda issued prior to receipt of Bids.

Business Day - Every day shown on the calendar except Saturdays, Sundays and City holidays.

Calendar Day - Every day shown on the calendar, Saturdays, Sundays and City holidays included.

City - City of Annapolis, Maryland, a municipal corporation of the State of Maryland, and any duly authorized representative, agent, or employee.

Construction General Conditions – Those portions of the Bidding Documents that include definitions, administrative details, instructions, terms and conditions specific to procurements involving construction services, including, but not limited to, 00700 General Conditions of the Construction Contract, and/or 00900 Exceptions to Standard Documents.

Contract - The written agreement between the City and the Successful Bidder or Proposer covering the work or services to be performed, and including all other Documents that may be attached to or incorporated into the Contract and made a part thereof.

Contract Item - An item of work specifically described and for which a price, either unit or lump sum, is required. It includes the performance of all work described in these Bidding Documents or described in any Contract Documents.

Contract Bonds - The performance bond, payment bond, maintenance bond, and/or any other instruments of security required by the City for the Contract.

Contract Documents - The Contract, Addenda, the Bid, the Bidding Documents, the Contract Bonds, and the Specifications together with all written amendments, modifications and supplements issued pursuant to the Contract.

Day - Calendar Day unless otherwise designated.

General Solicitation Provisions, Conditions and Clauses - The document which is entitled “City of Annapolis Purchasing General Solicitation Provisions, Conditions and Clauses”, and included as a part of the Bidding Documents supplied by the City of Annapolis to prospective bidders.

Solicitation - The “Request for Proposal (R.F.P.)”, “Invitation for Bid (I.F.B.)” or other request by the City inviting Bidders to submit Bids for specifically requested goods, services or other work.

Specifications - Those portions of the Bidding Documents and/or the Contract Documents consisting of written technical descriptions of work, services, materials, equipment, construction systems and/or standards and workmanship to be provided under the Contract, including all administrative details applicable thereto, and any reference documents or appendices.

Successful Bidder - The lowest, qualified, responsible and responsive Bidder to whom the City (on the basis of the City’s evaluation as hereinafter provided) makes an award, and whose Bid conforms in all material respects to the Bidding Documents, including, but not limited to, all mandatory and essential requirements of the Bid.

ADMINISTRATIVE & SELECTION INFORMATION

1. GENERAL

A. This Administrative & Selection Information portion contains the instructions for the contents and submittal of the Bid, and the selection criteria to be used by the City for the selection of the Successful Bidder.

B. The terms “Bid”, “Bidder” and “Bidding” may be used interchangeably with the terms “Proposal”, “Proposer” and “Proposing” in these Bidding Documents depending of the nature of this Solicitation.

C. If this Solicitation includes a Construction General Conditions portion, then the language and requirements in that Construction General Conditions portion shall control and supersede any conflicting language and/or requirements in either this Administrative & Selection Information portion or the General Solicitation Provisions, Conditions, and Clauses portion.

2. INSTRUCTIONS AND FORMS

A. TRANSMITTED SUBMISSIONS THROUGH EMAIL (PREFERRED): Bidders submitting the Bid packages electronically shall submit those packages to bids@annapolis.gov prior to the Bid due time and date. Late Bids shall not be accepted. A separate version of the Bid, redacted in accordance with Section 15 (“Proprietary Information”) shall also be added to the electronic copy provided.

B. HARD COPIES: Hard copies of the Bid are not required but Bidders may submit hard copies in lieu of email submission. If submitting hard copies, provide one (1) original Bid (marked as such) and one (1) copy of the Bid prior to the Bid due time and date. All Bids are to be submitted on and in accordance with the Bid Forms provided by the Central Purchasing Office. Bids may be submitted in sealed envelopes, as appropriate. The Bidder shall clearly identify the Bid on each envelope and/or package. Late Bids shall not be accepted. Bidders submitting hard copies shall submit a CD-Rom or flash drive containing the entire, identical hard copy of the Bid in addition to the hard copies above. A separate version of the Bid, redacted in accordance with Section 15 (“Proprietary Information”) shall also be added to the electronic copy provided.

All hard copies and electronic copies of Bids shall be submitted to:

Charles M. “Mike” Garascia, Procurement Officer City of Annapolis Central Purchasing Department 161 Duke of Gloucester Street, 1st Floor Annapolis, Maryland 21401

C. Questions concerning this Solicitation should be directed to Charles M. (“Mike”) Garascia, City

Procurement Officer at bids@annapolis.gov. Questions will be received until DATE at TIME.

Also include in the email in the cc: line Eric Leshinksky at ejleshinsky@annapolis.gov.

D. Any Bidder finding any discrepancy in or omission from the Specifications, the Bidding Documents or any Bid Forms, in doubt as to any meaning, or considering the Specifications, the Bidding

Documents or any Bid Forms, to be discriminatory shall notify the City Procurement Officer in writing not less than five (5) business days prior to the scheduled Bid Opening. Any exceptions stated by a Bidder pursuant to this Section shall not obligate the City to make any change in the Specifications, the Bidding Documents, any Bid Forms, or any resulting Contract. The City Procurement Officer shall notify all Bidders in writing, by Addendum, of any substantial revisions to the Bidding Documents.

E. Additional information or clarification of any instruction or information contained herein may be obtained from the Central Purchasing Office. The City shall not be responsible for Bidders adjusting their Bids based on oral instructions by any member of the City staff or by any City contracted consultant, agent or other City representative. All correspondence or communication regarding these Bidding Documents shall only be directed to, and shall only be issued by, the Central Purchasing Office. The only authorized deviations from the Bidding Documents shall be by an authorized Addendum issued by the Central Purchasing Office. All other deviations by a Bidder or Bid shall be subject to rejection by the City.

F. Each Bid shall be accompanied by a notarized “Non-Collusion Certificate” and a notarized “Affidavit of Qualification to Proposal Pursuant to Annotated Code of Maryland, State Finance and Procurement Article, Section 16-311” each executed by a legally authorized representative of the Bidder.

G. Unless multiple or alternate Bids are requested in the Bidding Documents, multiple or alternate Bids shall not be accepted. However, if a Bidder clearly indicates a base Bid, rather than multiple or alternate Bids, that base Bid may be considered for award, at the City’s discretion, as though it were the only Bid submitted by that Bidder.

H. These Bidding Documents create no obligation on the part of the City to award a Contract or to compensate Bidders for Bid preparation expenses. All costs to prepare and submit a Bid shall be borne by the Bidder.

3. AWARD OF CONTRACT

A. The City shall award the Contract to a responsible and responsive Bidder offering the best value, as determined by the City Procurement Officer. Factors, other than Bid Price, may be considered in making the Contract award, as determined in the City’s sole discretion.

B. An evaluation committee selected by the City shall judge the merit of all Bids received in accordance with these Bidding Documents and the criteria defined herein.

C. Failure of a Bidder to provide in its Bid any information requested by the Bidding Documents may result in disqualification of the Bid by the City. It is the sole responsibility of the Bidder to provide all required information as identified in the Bidding Documents.

D. During the City’s evaluation process of all Bids, the City may conduct discussions or interviewers with Bidders who submit Bids determined to be reasonably susceptible of being selected for award by the City; provided, however, that Bids may also be accepted without any such discussions or interviews.

E. All Bids shall remain subject to City acceptance for forty-five (45) Days after the day of the Bid opening, but the City, in its sole discretion, may release any Bid and accompanying Bid Bond prior to that date.

F. “Tie Bids” are responsive Bids from responsible Bidders that are identical in price, terms, and conditions, and which meet all the requirements and evaluation criteria set forth in the Bidding

Documents. In the City’s sole discretion, the Bidders with the Tie Bids may be required to re-submit revised Bids to the City, and an award, if any, shall be made by the City based on such revised Bids.

4. RESERVATIONS

A. The City Procurement Officer reserves the right to reject any or all Bids or parts of Bids, and waive informalities or technicalities in Bids as shall, in the City Procurement Officer’s discretion, be in the best interest of the City.

B. The City Procurement Officer reserves the right to award Contracts or place orders on a lump sum or individual item basis, or such combination as shall, in the City Procurement Officer’s discretion, be in the best interest of the City and as applicable.

C. The City Procurement Officer may waive minor differences between a Bid and the Specifications provided these minor differences do not violate the Specifications intent, or materially affect the operation for which the item or items are being purchased, or increase estimated maintenance, repair or other costs and expenses to the City.

D. The City reserves the right to negotiate in any manner necessary to best serve the public interest, and to make a whole award, multiple awards, a partial award, or no award. The City reserves the right to cancel this Solicitation, in whole or in part, as deemed necessary. The City reserves the right to award a Contract based upon Bids received without further negotiation and may do so, and Bidders shall not rely upon the opportunity to alter their Bids at any time after submittal, including during discussions or interviews with the City, if any.

5. AMENDMENTS TO BIDDING DOCUMENTS

A. In the event that revisions are made to any portion of the Bidding Documents, Addenda shall be provided by the City to all Bidders who received the original Solicitation and are registered on the “Bidders List” for this Solicitation. Bidders that did not receive the original Solicitation directly from the City must furnish appropriate entity data and contact information to the City Procurement Officer in order to receive any Addenda to the Bidding Documents or this Solicitation. Questions will be accepted at bids@annapolis.gov prior to Friday, July 10, 2026 at 5:00 p.m..

B. Any Addendum issued by the City shall be acknowledged by all Bidders in at least one (1) of the following manners:

i. Copies of all Addenda shall be attached to the Bid;

OR

ii. The appropriate Addenda are acknowledged on the “Bid Response Form”.

C. Failure to indicate receipt of Addenda by a Bidder may result in rejection of that Bid as non-responsive by the City.

6. BIDDER ABILITY

To demonstrate qualifications to respond to this Solicitation, each Bidder shall be prepared to submit within five (5) Days of the City Procurement Officer’s request written evidence, including, but not limited to, financial data, previous experience, present commitments, and any other such data as may be called for below, or as requested by the City Procurement Officer. Each Bid shall contain evidence of the Bidder’s qualification to do business in the State of Maryland or a covenant to obtain such qualification prior to award of any Contract.

7. SUBCONTRACTORS

A. If, at the time of Bid submittal, any Bidder intends to subcontract any portion of the Contract, the

Bidder shall state the extent of such subcontracting on a separate sheet attached to the Bid. Within five (5) business days upon request by the City, the Bidder shall also submit a list of all subcontractors proposed to be used for the Contract, including names, addresses, telephone numbers and business license numbers. Such list shall be accompanied by an experience statement with pertinent information as to similar projects and other evidence of qualification for each such subcontractor.

B. If the City, after due investigation, has reasonable objection to any proposed subcontractor, the

City may request the apparent Successful Bidder to submit an acceptable substitute subcontractor without an increase in its Bid price before giving Notice of Award. If the apparent Successful Bidder declines to make any such substitution, its Bid may be rejected by the City, and the Successful Bidder would thereby sacrifice any Bid security to the City as liquidated damages. Any subcontractor so listed and to whom the City does not make written objection prior to giving Notice of Award shall be deemed acceptable to the City.

C. Acceptance of any such subcontractor shall not constitute a waiver of any right of the City to reject defective work, material or equipment, or work, material or equipment not in conformance with the requirements of the Contract, or waiver of the City’s right to later consider any such subcontractor unacceptable for a reasonable cause.

8. COMPETITION

A. To better insure fair competition and to permit a determination of the Successful Bidder, the City may reject (1) a Bid if it shows any omission, irregularities, alteration of Bid Forms and/or additions not called for, (2) conditional or unconditional unresponsive Bids, or (3) Bids obviously unbalanced.

B. Specifications provided are based on City needs and uses, estimated costs of operation and maintenance, and other significant or limiting factors to meet City requirements. Minimum or maximum Specifications are not established arbitrarily to limit competition.

C. If products to be provided to the City or to be used in providing any service to the City contain any substances or materials that could be hazardous or injurious to a person's health, a material safety data sheet (MSDS) shall be provided to the City Procurement Office with the Bid.

9. DEVIATIONS FROM SPECIFICATIONS

A. All deviations from the Bidding Documents, the Specifications, and any sample Contract shall be noted in detail by the Bidder in the Bid at the time of submission. The absence of a written list of deviations at the time of Bid submission shall hold the Bidder strictly accountable to the City for furnishing material, equipment, services, and work in full accordance with the Bidding Documents, the Specifications, and any sample Contract as written with NO deviations. The City may reject any products, services or work not fully meeting the Specifications and the Bidding Documents.

B. When an item is designated as “no substitutes” in the Bidding Documents and/or the Specifications, only that brand/manufacturer and stock number shall be accepted by the City. The City, however, may except goods manufactured by the same manufacturer and sold under a different competitive brand name.

C. If an item is not designated as “no substitutes”, then the name of any manufacturer, trade name, or vendor catalog number mentioned in the Specifications is for the sole purpose of designating a standard of quality and type of product, and the City will still consider Bids that designate other brands or other manufacturer’s products. On such Bids that designate other brands or products, the Bidder shall clearly indicate the product which is being substituted or replaced, and shall supply a sample or sufficient data to enable an intelligent comparison of the substitute or replacement product with the product designated in the Specification. Catalog specification sheets and descriptive data shall be attached to the Bid where applicable. Failure to submit the above information for substitute or replacement products may be sufficient grounds for rejection of the Bid by the City.

D. No Bidder shall be allowed to offer more than one (1) price for each item even if though the Bidder may believe that two (2) or more types or styles will meet the Specifications. Bidders shall determine for themselves which of the two (2) or more possible types or styles to offer as a part of their Bids.

If a Bidder submits more than one (1) price on any item, all prices for that item may be rejected at the discretion of the City Procurement Officer.

10. DISPUTES OVER ITEM OR SERVICE

A. In cases of disputes as to whether or not an item or service quoted or delivered meets the Bidding

Document and the Specifications, the decision of the City Procurement Officer, or his/her authorized representative, shall be final and binding on the Bidder. Prior to making such a decision, the City Procurement Officer may request a written recommendation from the head of the City agency or department using the materials or work/services, or other objective sources.

B. Bidders desiring to appeal a decision of the Central Purchasing Office under this Section 10 shall deliver a written appeal as specified in Section 11, directly below.

11. BID PROTESTS

STEP 1A – Bidder Protest of Award:

The Bidder must file a written Bid protest of award with the Procurement Officer not later than three (3) business days after the release of the Notice of Award. A protest based on alleged improprieties in the Solicitation which are apparent either before the Bid opening or before the closing date for receipt of initial Bids shall be filed not later than three (3) business days before the opening date. Oral objections, whether or not acted on, are not protests.

(a) Required Contents of Written Protest:

1. Name and address of protestor.

2. Bid number.

3. Reasons for protest.

4. Supporting exhibits, evidence or documents to support claim.

(b) Fee Schedule:

For Bids of $10,000.00 or more, there will be a “Protest Filing Fee” of $500.00. For Bids under $10,000.00, there will be a “Protest Filing Fee” of $100.00.

STEP 1B – Bidder Protest of Bid Rejection:

The Bidder must file a written bid protest of Bid rejection with the City Procurement Officer not later than three (3) business days from the date of its Bid rejection. Oral objections, whether or not acted on, are not protests. The protest must comply with Step 1A(a), and shall be subject to the fees in Step 1A(b).

STEP 2 – Procurement Response to Bidder Protest:

The City Procurement Officer will review the Bidder's protest and respond to the Bidder in writing within ten (10) business days of receipt of protest.

STEP 3 – Bidder Appeal:

The Bidder may appeal the decision by the City Procurement Officer to the Director of Central Services.

The Bidder must file a written appeal not later than three (3) business days from the date of the City Procurement Officer’s response in Step 2. Oral objections, whether or not acted on, are not appeals. The appeal must comply with Step 1A(a), but may include any additional documentation as deemed necessary and appropriate by the Bidder.

STEP 4 – Director Response to Bidder Appeal:

The Director will review the Bidder's appeal, and respond to the Bidder in writing within fifteen (15) business days of receipt of appeal.

STEP 5 – Second Bidder Appeal:

The Bidder may appeal the decision by the Director to the City Manager. The Bidder must file a written appeal with the City Manager not later than three (3) business days from the date of the Director’s response in Step 4. Oral objections, whether or not acted on, are not appeals. The appeal must comply with Step 1A(a), but may include any additional documentation as deemed necessary and appropriate by the Bidder.

STEP 6 – City Manager Response to Bidder Appeal:

The City Manager, or his/her duly authorized designee, will review the Bidder's appeal, and respond to the Bidder in writing within twenty (20) business days of receipt of appeal. The City Manager's, or his/her duly authorized designee's, written decision is final and binding.

Effect of Protest on Award:

If a timely protest or appeal of the award occurs as described in these procedures, the applicable Contract shall not be executed until the review process is completed and a final decision is rendered, or until a written determination is made by the Director that an award is required in order to protect the interests of the City. All affected Bidders shall be notified promptly by the City Procurement Officer in the event that a protest or appeal has been filed.

12. EQUAL OPPORTUNITY

A. It is the policy of the City to assure all persons equal employment opportunity, and also to assure that minority business enterprises have the maximum opportunity to participate in the performance of all City contracts for supplies and work/services. Although there is no requirement that the Bidder be a Minority Business Enterprise (MBE), a Women-Owned Enterprise (WBE), or a Small Business, minority owned and small businesses are encouraged to respond to this Solicitation.

B. Every Bidder doing business with the City shall agree not to discriminate in any manner against any employee or applicant for employment because of race, age, creed, color, national origin, or sex, and shall be obligated to include a similar requirement in any and all sub-contracts. Every

Bidder shall further agree to comply with all applicable federal, state, local and City laws, executive orders and regulations relating to equal employment opportunity and minority business enterprises.

13. CORPORATE REGISTRATION

The Bidder, in submitting its Bid, understands and agrees that the Annotated Code of Maryland, as may be amended, is hereby incorporated herein by reference, and it applies to any Contract, specifically:

A. All foreign corporations doing business within the State of Maryland are required to be registered and qualified with the Maryland State Department of Assessment and Taxation (SDAT), 301 W. Preston Street, Baltimore, Maryland 21201before doing any interstate or foreign business in this State.

B. Bidders are required under the Annotated Code of Maryland, as may be amended, to show evidence of certificate of registration and good standing with SDAT before a Bid may be received and considered by the City for any general contract or subcontract. The Bidder shall place on the outside of its Bid envelope, over its signature, the following notation:

“Registered Maryland Contractor No. .”

14. OWNERSHIP OF BIDS

A. Regardless of whether a Bid is selected or rejected by the City, all Bids become the property of the

City upon receipt from the Bidders, and Bids will only be returned to the Bidders in the City’s sole discretion.

B. Regardless of whether a Bid is selected or rejected by the City, the City shall have the right to use all ideas or adaptations of ideas contained in any Bid received in response to this Solicitation, only subject to those limitations outlined in Section 15 (“Proprietary Information”) below.

15. PROPRIETARY INFORMATION

All material offered in response to this Solicitation shall become public record and shall be subject to inspection by the general public once the Contract is awarded. Any material requested to be treated as confidential, proprietary information or trade secrets shall be clearly designated by the Bidder in the Bid and shall be readily separable from the balance of the Bid. Such designations shall not necessarily be conclusive, and Bidders may be required to justify why such material should not, upon written request, be disclosed by the City under applicable Maryland Public Information Act laws. Neither cost or pricing, nor the total Bid Price shall be considered proprietary by the City.

16. BID RESPONSE MODIFICATIONS OR WITHDRAWAL

A. A Bid may be modified or withdrawn by the Bidder any time before the time and date set for the Bid

Opening upon prior written notice to the City Procurement Officer. Modified and/or withdrawn Bids, clearly marked and dated, may be resubmitted up to the time and date set for the Bid Opening.

B. All erasures, interpolations and other changes in the Bid made pursuant to Section 16(A) above shall be signed or initialed and dated by the Bidder.

C. No Bid shall be unilaterally modified or withdrawn after the Bid Opening, and the Bid Price in each and every submitted Bid shall remain valid one (1) year from the date of the Bid Opening. Bids shall not be withdrawn during this period.

17. ACCEPTANCE OF TERMS AND CONDITIONS

By submitting a Bid to this Solicitation, all Bidders including the Successful Bidder hereby certify that they understand and accept the terms and conditions set forth in this Solicitation and all Bidding Documents.

18. EXAMINATION OF BIDDING DOCUMENTS AND ANY WORK SITE

A. It is the responsibility of each Bidder before submitting a Bid to:

i. Examine the Bidding Documents thoroughly;

ii. Visit any applicable work site to become familiar with local conditions that may affect cost, progress, performance, or furnishing of any work described in this Solicitation, and, as to comply with all responsibilities, duties and obligations as may be required by the Construction General Conditions;

iii. Consider Federal, State, local, and City Laws and Regulations that may affect cost, progress, performance, or furnishing of any work, services, goods or materials required in this Solicitation;

iv. Study and carefully correlate the Bidder’s observations with the Bidding Documents; and

v. Immediately notify the City Procurement Officer in writing of any and all conflicts, errors, vagueness, confusion, or discrepancies in the Bidding Documents.

B. Copies of any reports, studies, examinations, investigations, explorations, tests, and/or drawings made available by the City to any Bidder, upon the Bidder’s written request are expressly not part of the Bidding Documents, and are only provided by the City for the convenience of the Bidders.

THE CITY NEITHER EXPRESSLY NOR IMPLIEDLY WARRANTS OR GUARANTEES THAT ANY

ACTUAL SITE CONDITIONS ENCOUNTERED UNDER THE CONTRACT WILL BE THE SAME

OR SIMILAR TO THOSE SITE CONDITIONS INDICATED BY ANY SUCH REPORTS, STUDIES,

EXAMINATIONS, INVESTIGATIONS, EXPLORATIONS, TESTS, AND/OR DRAWINGS.

C. Upon written request in advance, the City shall provide each Bidder reasonable access to any applicable work site to conduct such examinations, investigations, explorations, tests, and/or studies as each Bidder deems necessary for submission of a complete and responsive Bid. The Bidder shall fill all holes, clean up and restore the work site to its former conditions, as applicable, upon completion of its examinations, investigations, explorations, tests, and/or studies.

D. As applicable, any lands upon which any work described in the Solicitation is to be performed, rights-of-way and easements for access thereto and other lands designated for use by the Bidder will be identified in the Bidding Documents.

E. The submission of a Bid shall constitute an incontrovertible representation by the Bidder that the

Bidder has complied with every requirement of this Section 18.

19. OMISSION OF SOLICITATION REQUIREMENT

The omission by the City of any Solicitation requirement or details of any Solicitation requirement which would normally apply to the product or service required by the Solicitation, shall not relieve the Successful Bidder from fulfilling those Solicitation requirements needed to provide an end-product or service best suited to the intended purpose of the Contract and this Solicitation.

20. CONFLICT OF INTEREST

By submission of a Bid, the Successful Bidder agrees that it has no direct or indirect interest that would conflict in any manner or degree with performance by this Solicitation or any resulting Contract. The

Successful Bidder shall further covenant that, in the performance of any Contract, the Successful Bidder shall not employ any person or entity having any such known conflict.

21. SELECTION INFORMATION

A. By signing and submitting its bid in response to this Invitation for Bids, the bidder warrants and represents that neither its organization nor any of its officers, directors, partners or owners is currently barred from bidding on contracts by agency of the federal government, any agency of the State of Maryland, any agency of any other state, or any other public body or agency thereof.

i. Bidders shall be registered and in “Good Standing” with the Maryland State Department of Assessments and Taxation.

ii. Bidders shall be registered within the System for Acquisition Management and not debarred with the Federal Government.

B. The City of Annapolis, Maryland has a commitment to the development of its disadvantaged business enterprises, emerging small business community, and minority business enterprises. The City of Annapolis therefore encourages the use of minority and emerging small businesses on all City contracts to the fullest extent reasonably possible. On this particular contract, it has been determined that disadvantaged business enterprise, emerging small business participation and minority business enterprises of 0.0% is reasonably possible given the availability of minority and emerging small businesses for the scope of work covered by this contract.

GENERAL SOLICITATION PROVISIONS, CONDITIONS AND CLAUSES

1. SCOPE

This Solicitation is intended to cover but is not limited to the construction of a ten foot, (10 foot), wide shared use path within an abandoned railway track between the locations of Gibraltar Avenue and Admiral Drive and the widening of the existing trail along the location from Popular Avenue and Taylor Avenue for a combined distance of approximately 1.3 miles, as further described and identified in these Bidding Documents and in the attached Bidding Forms.

2. PRE-BID CONFERENCE AND SITE VISIT

A. Interested parties are invited to attend a virtual pre-Bid meeting on Monday, July 29, 2026 at 2:00 p.m., local time, via Google Meet. While attendance is not mandatory, all Bidders are strongly encouraged to attend. While every effort shall be made to answer any questions concerning this Solicitation raised by potential Bidders at the Pre-Bid Conference, such answers shall be considered unofficial until affirmed in writing by the City Procurement Officer in the form of an Addendum, as further discussed in Section 2 of the Administrative Information portion of this Solicitation.

Meeting ID: Google Meet

Meeting ID: https://meet.google.com/swc-oizx-xwv?hs=224 Teleconference Number (US) +1 904-323-0267

PIN: 724271937

B. As applicable, any City property described in this Solicitation is public and is available to Bidders for verification of existing conditions.

C. Any modifications, additions, or deletions to the Solicitation that result from this Pre-Bid Conference shall be distributed to all registered Bidders by written Addendum.

3. CONTRACT BOND REQUIREMENTS

A. Each Bid shall be accompanied by a Bid Bond made payable to the City of Annapolis in an amount of five percent (5%) of the Bidder’s maximum Bid price and in the form of a certified or bank check or a bond issued by a surety on the City provided bond form.

B. The Bid Bond of the Successful Bidder shall be retained by the City until such Bidder has executed the Contract and furnished the required Contract Bonds, whereupon the Bid Bond shall be returned.

If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract Bonds within sixty (60) Days after the Notice of Award, the City may annul the Notice of Award and the Bid Bond of that Bidder shall be forfeited to the City as liquidated damages. The Bid Bonds of other Bidders whom the City believes to have a reasonable chance of receiving the award may be retained by the City until the earlier of the seventh (7th) Day after the effective date of the Contract with the Successful Bidder or the forty-sixth (46th) Day after the Bid Opening, after which the Bid Bonds furnished by such Bidders shall be returned. All other Bid Bonds shall be returned within seven (7) Days after the Bid Opening.

C. If through no fault, failure, delay, act or omission of the Successful Bidder, if no Contract has been awarded by the City within one (1) year of Bid Opening, the Bid Bond shall be returned upon written demand to the City by that Bidder.

D. The Successful Bidder shall provide the Contract Bonds, including the Performance Bond and the Payment Bond, in the amount of one hundred percent (100%) of the total Bid Price on the City provided bond forms.

4. TERM OF CONTRACT; FEE

A. Commencement and Expiration. This Contract shall commence on the date set forth in the

Contract, and shall expire six hundred (600) calendar days later, unless terminated earlier in accordance with the provisions of the Contract.

B. There are no liquidated damages for this Contract and the Contractor understands and agrees that the Contractor is responsible for all actual damages incurred and/or asserted against the City in connection with this Contract, the Project and the Work performed or to be performed by the Contractor, including any delay thereof, which may include, but is not limited to, costs for consultants, utilities, City employees’ time, City vehicles, and other such costs that the City may incur to continue administration of this Contract during any delay period.

C. The total dollar amount paid by the City under the awarded Contract shall be a lump sum fee.

5. INSURANCE REQUIREMENTS

A. Unless otherwise required by the Contract Documents for this Solicitation, if a Contract is awarded, the Successful Bidder shall be required to purchase and maintain the following insurance policies during the entire term and life of the Contract:

i. COMMERCIAL GENERAL LIABILITY INSURANCE Commercial General Liability Insurance Policy, including contractual liability, written on an occurrence basis, in adequate quantity to protect against legal liability but no less than $1,000,000.00 per occurrence and $2,000,000.00 per occurrence in the aggregate, using a Combined Single Limit for bodily injury and property damage.

ii. BUSINESS AUTOMOBILE LIABILITY INSURANCE Automobile Liability for all work/services delivered to the City pursuant to the Contract that involve the use of vehicles owned and non-owned, operated or hired or rented by the Successful Bidder. The minimum limit for automobile liability is $1,000,000.00 per person and $2,000,000.00 per accident or a Combined Single Limit each accident of $2,000,000.

iii. WORKERS’ COMPENSATION INSURANCE Statutory benefits as required by Maryland law and, when required, the U.S. Longshoremen’s and

Harbor Workers’ Compensation Act, including standard Other States coverage; Employers’ Liability coverage with limits of at least $100,000.00 each accident, $100,000.00 each employee disease, and $500,000.00 disease policy limit.

B. On all Commercial General Liability and Business Automobile Liability Insurance policies, the City of Annapolis, Maryland, its elected officials, appointees, directors, employees, agents, and representatives shall be named as an additional insured, which shall be shown on the insurance certificates furnished to the City.

C. The Successful Bidder shall provide the City with Certificates of Insurance evidencing the coverage required above before commencing any work pursuant to the Contract. Such Certificates shall provide that the City be given at least forty-five (45) calendar days prior written notice of any cancellation of, intention not to renew, or material change in coverage. The Certificates of Insurance shall clearly indicate the Solicitation number, as well as the Solicitation title and/or a description of this project, in the additional information (or similar) section of the Certificate.

D. The Successful Bidder hereby grants to the City a waiver of any right to subrogation which any insurer of said Successful Bidder may acquire against the City by virtue of the payment of any loss under such insurance. The Successful Bidder agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. General Liability and Automobile Liability are primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and when required by written contract.

6. TAXES, LICENSES, AND PERMITS

A. The Successful Bidder shall, at its sole cost and expense, pay all required taxes, and shall, at its sole cost and expense, obtain, pay for, and keep current all business licenses required for the lawful performance of the Contract, as required by federal, state, local and City laws, ordinances, or regulations.

B. Permits required by and issued by the City shall be obtained by the Successful Bidder through the usual and regular manner proscribed by City procedures; provided, however, that all fees for City permits shall be waived for the Successful Bidder.

7. PRICE ADJUSTMENTS

Not Applicable.

8. DELIVERY

A. The Successful Bidder shall guarantee delivery of materials, as applicable, in accordance with the delivery schedule stated in the Specifications. All items shall be delivered F.O.B. Destination/Inside Delivery, unless otherwise indicated in the Specifications, with delivery costs and charges included in the Bid Price.

B. The City Procurement Officer reserves the right to charge the Successful Bidder for each day the materials, supplies, services, or work are not delivered in accordance with the Contract. The amount of such charge shall be established by the Contract and/or the Bidding Documents, and may be invoked at the discretion of the City Procurement Officer, not as a penalty, but as liquidated damages to be deducted from final payment, or otherwise charged, to the Successful Bidder.

C. The Successful Bidder shall ensure that packaging materials used for delivery under the Contract are not made of non-recyclable Styrofoam (Polystyrene), and shall also ensure that any materials used in packing to cushion, protect and ship are made of recycled, recyclable or biodegradable materials.

D. All materials, supplies, services, and/or work delivered or performed for the City shall be subject to final inspection by the City and/or City-designated testing facilities. If inspection or tests indicate deficient materials, supplies, services, or work, the City Procurement Officer may reject all or any part of the materials, supplies, services, or work provided by the Successful Bidder under the Contract.

9. LABOR AND MATERIALS

Unless otherwise provided in the Bidding Documents, the Successful Bidder shall provide and pay for all labor, materials, tools, parts, equipment, transportation, and other facilities and services necessary to perform the work required under the Contract and in accordance with these Bidding Documents. The City shall NOT pay any monies toward the provision or operation of this service, except for work which is specified in the Contract, authorized by the City, and invoiced at the unit and/or lump sum Bid Price as applicable.

10. AGREEMENT

A. Upon notification of intent to award, the Successful Bidder shall execute a standard Contract with the City tailored to incorporate the relevant portions of this Solicitation.

B. The Contract awarded pursuant to this Solicitation shall be by and between the Successful Bidder and the City, and shall contain the provisions included in the Solicitation, these Bidding Document, any Addenda thereto, and the contents of the Bid. Submission of a Bid in response to this Solicitation evidences the Successful Bidder’s acceptance of the terms and conditions contained therein. A sample Contract may be included with the Solicitation as deemed appropriated by the City Procurement Officer. Failure of the Successful Bidder to accept these obligations in a Contract may result in cancellation of the award, and the Successful Bidder may not be eligible for future solicitations.

C. The provisions of the Contract awarded pursuant to this solicitation shall be governed by the laws of the State of Maryland.

11. OPTIONAL USE OF CONTRACT

A. The Successful Bidder reserves the right to extend all of the terms, conditions, Specifications, and unit or other prices of any Contract resulting from this Bid to any and all public bodies, subdivisions, school districts, community colleges, colleges, and universities, including non-public schools. This is conditioned upon mutual agreement of all parties pursuant to special requirements which may be appended thereto. The Successful Bidder agrees to notify the City of those entities that wish to use any Contract resulting from this Solicitation and shall also provide usage information, as may be requested by the City.

B. The City assumes no authority, liability, or obligation on behalf of any other public or non-public entity that may use any Contract resulting from this Solicitation. All purchases and payment transactions shall be made directly between the Successful Bidder and the requesting entity. Any exceptions to this requirement shall be specifically noted by the Successful Bidder in its Bid.

12. ASSIGNMENT

The Contract resulting from this Solicitation and the compensation, which may become due thereunder, are not assignable except with the prior written approval of the City.

13. PAYMENT

The City shall make payment in full for work/services actually ordered and rendered under the Contract for which a proper invoice has been received and approved by the City. Invoice charges shall conform to any cost proposal accepted by the City as part of the Successful Bidder’s Bid, which cost proposal shall be the basis for any and all payments under the Contract. Applicable discounts shall be deducted at the time of payment by the City. The Successful Bidder shall not perform any work which shall exceed the amount of the corresponding City purchase order or any City-approved changes thereto, or any total or not-to-exceed amount in the Contract. The City shall not be obligated to pay any invoices or charges which exceed the amount of the City purchase order or any City-approved changes thereto.

14. DAILY ADMINISTRATION

The daily administration of the Contract shall be conducted by the Director of the City Department of Public Works or his/her authorized designee. The Director or his/her authorized designee shall be responsible for supervising the Successful Bidder to insure that the Successful Bidder fully complies with all terms of the Contract.

15. GENERAL LEGAL COMPLIANCE

It shall be the Successful Bidder’s sole responsibility to insure that it is in complete and total compliance with all applicable federal, state, local and City laws, rules, ordinances, statutes, and regulations, which touch, impact or otherwise effect the Contract. The City shall bear no responsibility for monitoring the Successful Bidder's compliance with all applicable legal requirements. If failure on the part of the Successful Bidder to maintain legal compliance results in the Successful Bidder not being able to perform the Contract to the satisfaction of the City, the City may find the Successful Bidder in default.

16. FAIR LABOR STANDARDS

The Successful Bidder shall comply with all applicable provisions of the Federal Labor Standards Act (FLSA) and shall indemnify, defend, and hold the City, its elected officials, appointees, directors, employees, agents, contractors and representatives harmless from any and all liability, including but not limited to, wages, overtime pay, liquidated damages, penalties, court costs, and attorney’s fees arising under any wage and hours law, including but not limited to, FLSA for work performed by the Successful Bidder’s employees for which the City may be found jointly or solely liable.

00700 GENERAL CONDITIONS OF CONSTRUCTION CONTRACT

00700 - GENERAL CONDITIONS OF THE CONTRACT

Article Title

1 Definitions

2 Preliminary Matters

3 Contract Documents

4 Availability of Lands; Physical Conditions; Reference Points

5 Contract Bonds and Insurance

6 The Contract and Related Work

7 Other Work

8 City's Responsibilities

9 Engineer's Status During Construction

10 Changes in the Work

11 Change of Contract Price

12 Change of Contract Time

13 Warranty and Guarantee; Tests and Inspection; Correction, Removal or Acceptance of Defective Work

14 Payments to Contractor and Completion

15 Suspension of Work and…