832428snowGburg.pdf

City of Gaithersburg 31 South Summit Avenue, Gaithersburg, Maryland 20877

MAYOR

Jud Ashman

COUNCIL MEMBERS

Neil Harris

Lisa Henderson Yamil Hernández

Jim McNulty Robert T. Wu

CITY MANAGER

Tanisha Briley

Proposals Due:

Proposals Submitted To:

REQUEST FOR PROPOSALS

Supplemental Snow

Removal Services

RFP2026-037

Solicitation Issued:

Time: 3:00 PM

June 18, 2026

July 22, 2026

2026-037@gaithersburgmd.gov

2026-037@gaithersburgmd.gov

Version 022022

TABLE OF CONTENTS

1. Definitions

2. INTRODUCTION AND SCOPE OF WORK

2.1. Introduction

2.2. Background

2.3. Scope of Work

2.4. Notification To Report

2.5. Supervision

2.6. Equipment

2.7. Personnel Experience And Eligibility

2.8. Meals And Breaks

2.9. Snow Event Timesheet

2.10. System Of Contact

2.11. Minimum Qualifications of Offerors

2.12. Contract Period and Renewals

3. SOLICITATION SCHEDULE AND INFORMATION

3.1. Solicitation Schedule

3.2. Pre-Submission Meeting

3.3. Submission of Offeror Questions

4. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

4.1. Proposal Preparation

4.2. Proposal Submission

5. Evaluation Criteria and Selection Process

5.1. Award

5.2. Selection Committee

5.3. Evaluation Criteria

5.4. Selection Process

6. NOTICE TO OFFERORS

6.1. Disclaimer

6.2. Acceptance

6.3. Authority to Distribute Solicitation Documents

6.4. Restricted Discussions

6.5. State of Maryland Bid and Contract Requirements

6.6. ADA Requirements

7. SOLICITATION AND CONTRACT TERMS AND CONDITIONS

7.1. Headings

7.2. Acceptance and Rejection of Proposals

7.3. Accurate Information

7.4. Addenda and Amendments

7.5. Alternate Proposals

7.6. Binding Proposal

7.7. Confidentiality

7.8. Contract Award

7.9. Errors in Proposals

7.10. Interest in More than One Proposal and Collusion

7.11. Late Proposals

7.12. Modifications to Proposals

7.13. Return of Bid Bonds

7.14. Optional Goods and/or Services

7.15. Solicitation Documents

7.16. Solicitation Protest

7.17. Use of Broker

7.18. Assignment of the Contract

7.19. Changes in Goods and/or Services

7.20. Contract Disputes

7.21. Dissemination of Data

7.22. Employment as Independent Contractor

7.23. Ethics Laws and Requirements

7.24. Force Majeure

7.25. Governing Law

7.26. Immigration Reform and Control Act

7.27. Inconsistent Provisions

7.28. Indemnification

7.29. Laws and Regulations

7.30. No Liens

7.31. No Waiver

7.32. Nonexclusive

7.33. Non-Discrimination Requirements

7.34. Ownership of Materials

7.35. Patents

7.36. Invoices, Payment Terms and Taxes

7.37. Records

7.38. Survival

7.39. Termination

8. SPECIAL TERMS AND CONDITIONS

8.1. Insurance

8.2. Payments

8.3. Compensation

9. ATTACHMENTS AND EXHIBITS

Request for Proposal 2026-037 Supplemental Snow Removal Services Page 1

Proposal: the offer submitted to the City by an Offeror in response to this Solicitation.

Offeror: any Person submitting a Proposal in response to this Solicitation.

City: the City of Gaithersburg, Maryland, a municipal corporation of the State of Maryland.

City Manager: the City Manager of the City or his or her designee.

Contract: the binding agreement awarded pursuant to this Solicitation, if any.

Contractor: the Offeror awarded the Contract.

Lowest Responsive Proposal: the Proposal accepted by the City, which offers the lowest total price, including alternates if awarded, and that fully conforms in all material respects to the requirements of this Solicitation, all form and substance included.

Mayor and Council: “the Mayor and City Council of the City.

Person: any individual, or association or business recognized by law.

Procurement Webpage: http://www.gaithersburgmd.gov/government/procurement.

Responsible Offeror: Offeror who meets all of the minimum qualifications specified in this Solicitation and who is fully capable to and able to evidence its ability to provide the Services under the Contract.

Services: the goods and/or services described in this Solicitation and to be provided to the City by the Contractor under the Contract.

Solicitation Documents: this Solicitation and any and all documents issued and/or used by the City to solicit Proposals, including but not limited to: addendums, amendments, forms and specifications.

Solicitation Schedule: the events and dates and times thereof specified in Section 3.1 of this Solicitation.

Solicitation: Request for Proposals Submission Deadline: the date and time, specified in Section 3.1 of this Solicitation, by which all Proposals shall be submitted to and received by the City.

1. Definitions http://www.gaithersburgmd.gov/government/procurement

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2.1. Introduction

The City is seeking sealed Proposals for supplemental snow removal services on an as-needed basis for fiscal years 2027 through 2029.

2.2. Background

A. Gaithersburg is among the largest cities in the State of Maryland, with a population in excess of 69,000, occupying more than 10 square miles within Montgomery County. The City provides many services including police protection, licensing and permitting, building inspections, recreation and cultural activities, street maintenance, recycling collection, stormwater management, housing and community development, and snow removal. Read more about our mission and vision at Mission, Vision, Values & Strategic Plan | Gaithersburg, MD.

B. The City is responsible for maintaining more than ninety-two (92) center line miles of City streets. The State of Maryland is responsible for maintaining all numbered roads such as Routes 28, 117, 119, 124 and 355, while Montgomery County is responsible for maintaining streets such as Muddy Branch Road, Diamondback Drive and portions of Longdraft Road. Additionally, there are private streets maintained by homeowners’ associations and, occasionally, streets maintained by developers until a development is complete.

2.3. Scope of Work

General

The City requires the availability and services of a Contractor to provide supplemental snow removal services during the winter weather seasons of�fiscal years 2027, 2028 and 2029 (each a “Winter Season”).

The Contractor shall provide the Services upon request by the City when roadway snow accumulations of two (2) or more inches are anticipated by the City. The duration of each Winter Season is shown below.

Winter Season Start Date End Date

FY 2027 November 15, 2026 April 15, 2027

FY 2028 November 15, 2027 April 15, 2028

FY 2029 November 15, 2028 April 15, 2029

2.4. Notification To Report

When the Services are required, the City will provide the Contractor with as much notice as possible;

however, should the City require the Contractor to report to work immediately, the Contractor’s personnel assigned to work under the Contract (“Personnel”) shall have four (4) hours from the time of such notification to report to the City’s Public Works Facility, which is located at 800 Rabbitt Road Gaithersburg, Maryland 20878 (“Public Works”). Failure to report within the four (4) hour time frame may result in, at the sole discretion of the City, termination of the Contract. Upon arrival at Public Works, all Personnel shall check in with the Public Works Operations Division Chief or designee (“Division Chief or Designee”) to log their start time and to demonstrate all equipment is completely operational and prepared to provide the Services.

This same process shall be followed at the end of the snow event before the City will release Personnel and equipment.

2.5. Supervision

Prior to the commencement of each Winter Season, the Contractor shall, or designate a supervisor who shall, meet with the City to review and document all of the Services to be provided during the respective Winter Season. The Contractor or such designated supervisor (“Supervisor”) shall be present at all times while the Services are being provided. The Supervisor shall be responsible for directing, supervising and ensuring that all assigned areas under the Contract are properly plowed and/or salted.

2. INTRODUCTION AND SCOPE OF WORK

https://www.gaithersburgmd.gov/about-us/mission-vision-values-strategic-plan https://www.gaithersburgmd.gov/about-us/mission-vision-values-strategic-plan

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2.6. Equipment

A. The Contractor shall supply eight (8) trucks with plows and salt spreaders (“Equipment”), all of which shall be in complete and good operating condition. All trucks shall:

i. Be ¾ or 1 ton 4x4 pickup trucks with 8 foot beds;

a) Or be one ton 4x4 dump trucks; or

b) Be 36,000 GVW Single Axle Dump Trucks; and

c) Have a fflashing yellow beacon light with 360 degree visibility.

d) All vehicles shall have working tarps that fully cover the entire load (salt) at all times.

ii. All plows must be 7’ 6” articulating or larger.

iii. All salters must have a minimum capacity of 1.8 cubic yards or larger. Salting vehicles must have a light on the spinner so the operator can see salt being spread.

B. The City reserves the right to reject or terminate the use of any Equipment which it deems to be unsound, unsafe, and/or inadequate to perform the Services. The use of any truck terminated or rejected by the City, at its sole discretion, shall lose its retainer fee. Each truck must have at least one (1) Contractor provided cell phone.

C. The Contractor shall provide all essentials for the proper operation of all Equipment and shall promptly notify the City of any Equipment which breaks down or malfunctions. Any Equipment that breaks or malfunctions shall be removed from service and the Contractor shall be given a maximum of two (2) hours of standby time to make repairs. Equipment not repaired within the two (2) hour time period, or which breaks down or malfunctions a second time within the same snow event, shall be immediately removed from pay status. The Contractor will be expected to keep eight (8) vehicles in service for the entire duration of the snow event.

D. Salting vehicles must have their salters calibrated at Public Works prior to the commencement of the winter weather season. The Contractor shall provide and keep salter calibration charts in vehicles at all times.

E. During winter events, the City will provide the road salt which will be utilized during salting operations. Contractors will be required to dump any salt not used off of their trucks at the end of the event back at the City Public Works Facility or other City designated location.

F. The City shall not be held responsible or liable for damage incurred to any Equipment while under the Contract.

2.7. Personnel Experience And Eligibility

A. All Personnel shall be competent, highly skilled in snow removal operations and;

i. Have a minimum of two (2) years of experience driving trucks;

ii. Have a minimum of one (1) year of experience in snow removal;

iii. All Personnel shall be alcohol and drug free;

iv. Any and all Personnel with a conviction for driving under the influence of alcohol and/or drugs within the past two (2) years, shall not be eligible to work under the Contract.

Supplemental Snow Removal Services Page 4

v. All Personnel directly involved in snow removal operations must be able to communicate (read, write, speak) in English, without the need for delays in providing those services related to a translator, translation service or further interpretation assistance.

B. The City reserves the right, in its sole discretion, to reject any Personnel it deems to be insufficiently skilled and/or to request a replacement for any Personnel it deems to be operating equipment in an unsafe manner.

C. Thirty days (30) prior to the commencement of each Winter Season the Contractor shall provide the City with a complete list of all Personnel assigned to provide the Services during the respective Winter Season.

Any and all Personnel not included on the list shall not be used under the Contract without the prior written approval of the City. The list shall include the following information for all Personnel:

i. Full name.

ii. Driver’s license number.

iii. Copy of commercial driver’s license and/or DOT physical card (if applicable).

iv. Number of years experienced in driving a specific type of truck.

v. Number of years experienced in plowing snow.

vi. Copy of current driving record from the Motor Vehicle Administration.

Failure by the Contractor to provide any of the above information may result in, at the sole discretion of the City, termination of the Contract.

2.8. Meals And Breaks

A. Personnel shall be given a one (1) hour break for breakfast and a one (1) hour break for dinner, both of which shall be coordinated with the Division Chief or Designee. Personnel are responsible for providing their own meals.

B. The Contractor shall provide Personnel with one (1) scheduled four (4) hour rest break every twenty-four (24) hours. Failure by the Contractor to provide such scheduled rest breaks may result in, at the sole discretion of the City, termination of the Contract.

C. The Contractor shall provide a sufficient number of personnel to operate all equipment during any and all breaks. Such breaks shall require the Contractor to provide spare drivers that must stay with the plow group at all times.

2.9. Snow Event Timesheet

The City will utilize a Contractor timesheet for each snow event that the Contractor works. This time sheet will be signed by the drivers of each truck and will then be submitted to the Contractor to process invoice for the event. The approved timesheet will be submitted with the invoice. An example of this timesheet is attached hereto as Exhibit A.

2.10. System Of Contact

A. The Contractor shall: (i) during the term of the Contract, ensure and maintain a system of contact so it may be reached by the City 24-hours per day; and (ii) designate, at a minimum, a primary representative and a secondary representative for such purpose. When the contracted Services are needed, the City will first attempt to contract the primary representative. If the City is unable to reach the primary representative, it will call the secondary representative, and so forth (refer to Attachment C).

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B. The Contractor shall notify the Division Chief or Designee immediately in writing of any changes to the contact information submitted. The inability by the City to contact the Contractor may result in, at the sole discretion of the City, termination of the Contract.

2.11. Minimum Qualifications of Offerors

A. Notwithstanding any of the qualifications specified in any other section of this Solicitation, Offerors must have a minimum of five (5) years’ experience providing services similar to those under this Solicitation.

B. Offeror shall be qualified and licensed to provide services and be in good standing in the state of Maryland.

2.12. Contract Period and Renewals

A. The Contract shall continue in force until June 30, 2027 (“Termination Date”). Upon the

Termination Date or applicable anniversary thereof, the term of this Contract shall be automatically extended for up to two

(2) successive terms of one (1) year each unless either party provides written notice to the other party no less than sixty (60) days prior to the Termination Date of the then existing term that it does not wish to extend the term of the Contract. The total duration of this Contract, including term extensions, shall not exceed three (3) years.

B. By mutual agreement of parties, the resultant contract will be automatically renewed at existing prices, terms and conditions. Any change shall be executed via contract amendment

2.13. Prices And Price Adjustments

A. Labor rates requested shall include all direct and indirect overhead costs including but not limited to transportation, general and administrative cost, etc. Labor rates will be paid on the basis of time at the site.

B. Prices shall remain firm for the initial two (2) terms of the resultant contract. Contractor shall give no less than 60 days prior notice to the start of the third term of the contract to request a price increase to the Project Manager or designee. The Contractor shall fill all orders received prior to the effective date of the price adjustment at the current contract prices if applicable.

C. Changes in cost for any subsequent contract years may be based on the Consumer Price Index (CPI), or other relevant index, not to exceed 3%.

D. The request for change in the unit price shall include as a minimum (1) the cause for the adjustment;

(2) proposed effective date; and (3) the amount of the change requested with documentation to support the requested adjustment (i.e., appropriate Bureau of Labor Statistics index, change in manufacturer’s price, etc.).

3.1. SOLICITATION SCHEDULE

Below is the schedule of events for this Solicitation. The City reserves the right to modify the Solicitation Schedule at any time as best may serve the interests of the City; any and all modifications shall be made by addendum or amendment and posted on the Procurement Webpage. Unless otherwise specified, all references herein to times of day shall be Eastern Time (daylight or standard, as applicable).

EVENT DATE TIME

A. Solicitation Issued: June 18, 2026 N/A B. Pre-Submission Meeting: June 30, 2026 at 11:00AM C. Offeror Questions Due in Writing: July 8, 2026 by 5:00 PM D. Q&A Addendum Issued: July 15, 2026 by 5:00 PM E. Submission Deadline: July 22, 2026 by 3:00 PM

SOLICITATION SCHEDULE AND INFORMATION

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3.2. PRE-SUBMISSION MEETING

An optional, virtual, Pre-Submission Meeting will be held on the date and at the time specified in the Solicitation Schedule. Attendance of the Pre-Submission Meeting is not mandatory but is strongly encouraged.

Microsoft Teams meeting Join: https://teams.microsoft.com/meet/255532993156246?p=zk5WEzMb76dIuMNTJM Meeting ID: 255 532 993 156 246 Passcode: Xo7Tt7MK

3.3. SUBMISSION OF OFFEROR QUESTIONS

All questions regarding this Solicitation: (i) shall be submitted in writing by email to the Procurement Division, at procurement@gaithersburgmd.gov; and (ii) shall be received by the date and time specified in the Solicitation Schedule. The solicitation number and title must be included in the subject line of the email. Any and all questions received not in compliance with this paragraph will not be answered unless the City, at its sole discretion, deems that a response to a question is necessary to clarify anything in the Solicitation Documents. The City’s responses to questions received will be issued via Addendum to this solicitation on the date specified in the Solicitation Schedule.

4.1. PROPOSAL PREPARATION

In order to provide each Offeror with an equal opportunity for consideration, adherence to a standardized Proposal format is required; any Proposal submitted outside of the required format shall be cause for the Proposal to be rejected as non-responsive. All Proposals shall include material organized into sections as follows:

Technical Proposal A. Business Profile

A cover letter prepared on official business stationary signed by an individual authorized to bind the Offeror to its Proposal and shall include the contact information of an individual to whom the City should direct correspondence. This section shall summarize the organizational structure and size of their business and provide the business’ date of organization, current principal and place of business, additional locations, and services offered.

B. Understanding the Requirements and Ability to Meet This section shall address and confirm the Offeror understands the requirements of this Solicitation and possess the ability to meet such requirements; and shall clearly outline the proposed scope of work and objectives of the Proposal as they relates to the scope and objectives of the project, product and/or service deliverables.

C. Staff Qualifications, Experience and Capabilities This section shall address the qualifications of staff assigned by the Offeror to the proposed project. The Offeror shall: (i) include the names of the primary Snow Removal Supervisor, alternate Snow Removal Supervisor, and each Snow Removal team member; (ii) provide a complete resume or a detailed description of each person’s professional experience, and length of time employed by the Offeror. Please refer to Section 2.7, Personnel Experience and Eligibility, for more details.

D. References This section shall include the contact information for a minimum of three (3) customers that the Offeror wishes to provide as a reference. References shall be for projects completed by the Offeror within the last five (5) years that were similar in size and scope to the Services under this Solicitation. For each reference, the Offeror shall provide a company’s name and address, a company representative’s name, telephone number and e-mail address, and a description of the services provided, including scope and size. Use reference sheet provided in Attachment A.

PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

https://teams.microsoft.com/meet/255532993156246?p=zk5WEzMb76dIuMNTJM mailto:procurement@gaithersburgmd.gov

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E. Proposal Price Sheet This section shall include a completed Proposal Price Sheet, signed by an authorized person, a blank copy of which is included in Attachment B hereto.

F. Equipment List The Offeror shall submit an equipment list with its Proposal that includes the following information for any and all trucks, plows and salt spreaders to be used under the Contract (refer to Section 2.3,E, for equipment requirements):

i. Trucks: Type, year, make, model, mileage, engine, GVW, bed length, wheelbase and bed capacity;

ii. Plows: Type, age, manufacturer name and model number; and

iii. Salt Spreaders: Type, age, manufacturer name and model number.

G. Required Forms I. This section of the Bid shall include the following completed forms, blank copies of which are included in Attachment A hereto:

a. Addendum and Amendment Acknowledgement

b. Affidavit of Qualification to Propose

c. Bid Submission Certification

d. References

e. Conflict of Interest Certification

f. Litigation and Lien Information

g. W-9

h. Vendor Registration form

4.2. PROPOSAL SUBMISSION

The Offeror shall submit its Proposal in accordance with and subject to the following instructions and conditions:

A. The Offeror shall submit its Proposal to the Procurement Division by email to 2026-037@gaithersburgmd.gov. The Proposal shall be a single portable document file (pdf) consisting of:

i. Technical proposal (Sections A-C, F)

ii. Price Proposal Sheet (Attachment B)

iii. Contact Information Sheet (Attachment C)

iv. Required Forms (Attachment A)

B. Proposals not received by the Submission Deadline shall be deemed non-responsive.

C. The City shall assume no responsibility for delays or errors in the delivery of any Proposal.

D. The Offeror is strictly prohibited from submitting its Proposal by facsimile or by postal mail.

The Offeror may not submit its Proposal to any email address other than the one provided at Section 4.2.A above. Offeror shall NOT provide any downloadable file links to Proposal. Any and all Proposals submitted not in compliance with this Section shall be rejected as non-responsive and be removed from consideration.

E. Offerors will receive a confirmation of receipt email with date and time stamp after proper submission of proposals. If no email is received please contact Procurement immediately at Procurement@gaithersburgmd.gov or by phone at 240-805-1165. Do not submit proposals to this email address.

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5.1. AWARD

Award of the Contract, if any, shall be to the Offeror whose Proposal is deemed by the City to provide the best value, price and technical factors considered.

5.2. SELECTION COMMITTEE

The City shall assign a committee comprised of personnel it considers to be stakeholders in the project to:

review, evaluate and score all Proposals; conduct interviews, if required; and select and recommend the most qualified Offeror for the Contract award (“Selection Committee”).

5.3. EVALUATION CRITERIA

The Selection Committee will evaluate each Proposal on the following criteria:

a. Understanding the Requirements and Ability to Meet -20 Points

b. Staff Qualifications, Experience and Capabilities – 15 Points

c. Equipment List – 25 Points

d. References- 10 Points

e. Pricing – 30 Points

5.4. SELECTION PROCESS

Below is the anticipated selection process for this Solicitation; however, the City reserves the right, in its sole discretion, to modify this process as best may serve the interests of the City.

A. Review for Responsiveness Procurement shall perform an initial review of each Proposal to determine its responsiveness to the requirements set forth in this Solicitation. Following the initial review, the Committee Chair shall distribute all responsive Proposals to the Selection Committee to be evaluated and scored. Proposals determined to be nonresponsive shall not be distributed to the Selection Committee, subject to approval by the Project Manager and Procurement Manager.

B. Evaluation and Scoring The Selection Committee shall evaluate and score each responsive Proposal to determine the responsibility of the respective Offeror to perform the Services and to establish a list of the highest ranking Offerors or identify the best value Proposal.

C. Interviews Following the evaluation and scoring of all responsive Proposals, the Selection Committee may require an interview with the highest ranking Offerors, each of whom may be required to make a presentation. Following interviews, if any, the Selection Committee will score each Offeror interviewed on their interview and make a recommendation of tentative award to the City Manager or Designee. Formal award may be contingent on the approval by the City’s Mayor and City Council.

The City reserves the right to require any Offeror to make a presentation in order to substantiate the qualifications and/or abilities of the Offeror to perform under the Contract.

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5. Evaluation Criteria and Selection Process

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6.1. DISCLAIMER

This is a Solicitation only, it is not a contract. The City shall assume no obligation to pay or reimburse any Person for any costs, fees or expenses incurred in preparation of a response to this Solicitation, or for any meetings and/or travel costs related to such response. All Proposals submitted to and accepted by the City shall become the exclusive property of the City and shall not be returned. The City reserves the right to reject any or all Proposals in full or in part and/or to waive any technicalities and/or informalities as best may serve the interests of the City.

The City is under no obligation to any Offeror until a contract is executed for the Services described herein.

6.2. ACCEPTANCE

The submission of a Proposal shall constitute acknowledgement and acceptance by the Offeror of the requirements, specifications and terms and conditions specified herein.

6.3. AUTHORITY TO DISTRIBUTE SOLICITATION DOCUMENTS

The City is the sole entity with the authority to issue and/or distribute any Solicitation Documents and/or information related thereto. Any and all Solicitation Documents obtained from any source other than the City may be incomplete or incorrect. The City assumes no responsibility for any error, omission or misinterpretation resulting from the reliance or use of any Solicitation Documents not both issued and distributed by the City. Any and all Solicitation Documents shall be posted on the Procurement Webpage.

6.4. RESTRICTED DISCUSSIONS

Offerors are prohibited from discussing this Solicitation or any part thereof with any employee, agent, or representative of the City except as expressly authorized herein. The City may, in its sole discretion, reject the Proposal submitted by any Offeror who is in violation of this provision. Any and all verbal statements and/or answers to questions relative to this Solicitation shall not be considered binding, valid or enforceable.

6.5. STATE OF MARYLAND BID AND CONTRACT REQUIREMENTS

A. Offerors must be qualified to bid in the State of Maryland in accordance with §16-202 and §16-203 of the State

Finance and Procurement Article of the Annotated Code of Maryland.

B. To enter into any contract with the City, Offerors must be in compliance with the State of Maryland Code of Regulations Title 21, State Procurement Regulations.

6.6. ADA REQUIREMENTS

Individuals with a disability, who would like to receive the information in this Solicitation in another form, may contact the City’s Procurement Division by phone at 301-258-6320 or by email to procurement@gaithersburgmd.gov.

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6. NOTICE TO OFFERORS

mailto:procurement@gaithersburgmd.gov

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The following terms and conditions shall apply to and survive this Solicitation and be incorporated into the Contract:

7.1. HEADINGS

Any and all of the headings contained in any of the Solicitation Documents are for reference purposes only and shall not in any way affect the meaning or interpretation of any of the same.

7.2. ACCEPTANCE AND REJECTION OF PROPOSALS

The City reserves the right: (i) to accept or reject any or all Proposals in whole or in part; (ii) to waive any technicalities or informalities in Proposals; and (iii) to cancel or postpone this Solicitation at any time if determined to serve the best interests of the City. The City may reject the Proposal of any Offeror in arrears or in default to the City on any contract, debt, or other obligation.

7.3. ACCURATE INFORMATION

The Offeror certifies that all information provided or to be provided to the City is true and correct and may be relied upon by the City in awarding the Contract. Any false and/or misleading information is cause for the City to reject the Offeror’s Proposal or to terminate the Contract if awarded to the Offeror. Such rejection or termination shall relieve the City of any direct or consequential damages or costs incurred by the Offeror.

7.4. ADDENDA AND AMENDMENTS

In the event any addenda or amendments are issued to this Solicitation, all the terms and conditions of this Solicitation shall govern and apply unless specifically stated or modified in any such addenda or amendments. Any and all written communication not posted on the Procurement Webpage relative to this Solicitation shall not be considered binding, valid or enforceable. It is the responsibility of the Offeror to inquire about and obtain any and all addenda and/or amendments issued, all of which shall be published on the Procurement Webpage.

7.5. ALTERNATE PROPOSALS

The Offeror is expected to clearly respond to the requirements set forth in this Solicitation. Any and all alternate Proposals for the Services shall be rejected as non-responsive and shall be removed from consideration.

7.6. BINDING PROPOSAL

All Proposals shall remain binding for 180 calendar days following the Submission Deadline; Proposals may not be withdrawn at any time within this period. In the event an award is not made during such period, all Proposals shall be automatically extended and remain binding for an additional 180 calendar day period. Proposals shall automatically be renewed until such time as either an award is made or proper notice is given to the City by an Offeror of its intent to withdraw its Proposal. Proposals may only be withdrawn by written notice to the City at least fifteen (15) calendar days prior to the expiration of the then current 180 calendar day period.

7.7. CONFIDENTIALITY

A. The City agrees, to the extent permitted by law and in accordance with the terms set forth in this Solicitation, to hold all confidential information and material belonging to the Offeror in strictest confidence. The Offeror shall specify in writing to the City the information and/or material the Offeror deems to be a trade secret or other confidential information and/or material. Written notification shall also contain the reason such information and/or material is considered to be a trade secret and/or confidential.

B. The Offeror agrees that all knowledge and information it may receive from the City or from its officials, employees or other sources, or by virtue of the performance of Services under and pursuant to the Contract, if awarded the Contract, which are included or referenced in Title 4 of the General Provisions Article of the Annotated Code of Maryland, shall not be directly or indirectly disclosed to any person whatsoever unless authorized to do so by the City Manager. This confidentiality provision shall also apply to any information, activity, or record designated by the City as being “confidential” or “privileged”.

7.8. CONTRACT AWARD

A. It is the intent of the City to award the Contract to one (1) Offeror. The City reserves the right to award the

Contract to multiple Offerors and/or to award the Contract in whole or in part. Award shall be to the Responsible Offeror that submits the Lowest Responsive Proposal. If for any reason, through no fault of the City, the Contract is not executed within thirty (30) days of formal award, the City may withdraw the award and award to the Responsible Offeror that submitted the next Lowest Responsive Proposal, or solicit new Proposals.

7. SOLICITATION AND CONTRACT TERMS AND CONDITIONS

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B. In the event the City receives only one (1) Proposal in response to this Solicitation, the City reserves the right, in its sole discretion, to proceed as a negotiated procurement with the Offeror that submitted the Proposal.

7.9. ERRORS IN PROPOSALS

Obvious error(s) in calculations in any Proposal may not be corrected without the prior written consent of the City and may be cause for the Proposal to be deemed non-responsive. If an error is made in an extended price, the unit price will govern.

7.10. INTEREST IN MORE THAN ONE PROPOSAL AND COLLUSION

Multiple Proposals submitted in response to this Solicitation by any Offeror under the same or different names shall be rejected as non-responsive. Reasonable grounds for believing that any Offeror has interest in more than one (1) Proposal for this Solicitation, both as the Offeror and as a subcontractor for another Offeror, shall result in the rejection of all Proposals in which the Offeror has interest and disqualify the Offeror from responding to any reissuance of this Solicitation. However, a Person acting only as a subcontractor may be included as a subcontractor for multiple Offerors. The City may reject all Proposals if reasonable cause exists for believing that collusion exists among Offerors.

7.11. LATE PROPOSALS

It is the responsibility of the Offeror to ensure the delivery of its Proposal by the Submission Deadline and to the location specified in Section 4.2 of this Solicitation. Any and all Proposals delivered or submitted late or to any location other than the designated location shall be rejected as non-responsive. The submission of any Proposal by way of facsimile or postal mail is strictly prohibited; any and all Proposals submitted as such shall be rejected as non-responsive. The City assumes no responsibility for any delays and/or errors in the delivery of a Proposal;

postmarking by the Submission Deadline shall not substitute for actual receipt. Any and all Proposals submitted not in compliance with any of the provisions of this paragraph shall be rejected as non-responsive.

7.12. MODIFICATIONS TO PROPOSALS

The Offeror may only modify its Proposal prior to the Submission Deadline and in accordance with and subject to the following:

A. The City shall consider a modified Proposal as an entirely new Proposal and shall replace the original Proposal, which shall be deemed to be withdrawn and null and void.

B. The modified Proposal shall be subject to all the requirements, specifications and terms and conditions set forth herein.

C. Notwithstanding the provisions with respect to the submission of a Proposal herein, the modified Proposal shall clearly be labeled “Modified Proposal”.

7.13. RETURN OF BID BONDS

In the event a bid bond is required under this Solicitation, all such bonds shall be retained by the City until the Contract is executed or until such time that a Offeror requests its Proposal to be withdrawn in accordance with Section 5.6 (Binding Proposal) of this Solicitation. The City shall immediately return the bid bond of any Offeror whose Proposal is deemed by the City to be non-responsive, or shall immediately return all bid bonds in the event the Solicitation process is canceled by the City.

7.14. OPTIONAL GOODS AND/OR SERVICES

The City reserves the right to request and evaluate optional goods and/or services which may be in the best interests of the City, and to negotiate the price of such goods and/or services with the successful Offeror or with another Offeror, whichever is determined to be the most advantageous to the City. While pricing for optional goods and/or services may be requested in this Solicitation, the City is under no obligation to consider such optional goods and/or services when selecting the successful Offeror unless otherwise stated.

7.15. SOLICITATION DOCUMENTS

The Offeror is expected to carefully and thoroughly examine all of the Solicitation Documents for accuracy and completeness, and to become familiar with the same. If doubt exists as to the meaning and/or intent in or of any of the Solicitation Documents, the Offeror shall make an inquiry as to such meaning and/or intent. The failure of the Offeror to examine and become familiar with any and all of the Solicitation Documents shall in no way relieve the Offeror of its obligations under the Contract, if awarded to the Offeror. The submission of a Proposal shall be taken as prima facie evidence of compliance with this provision and that the Offeror fully understands everything in the Solicitation Documents.

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7.16. SOLICITATION PROTEST

Any protest of this Solicitation shall be in writing to the City Attorney. The provisions of COMAR Title 21.01.03.01A(7), State Procurement Regulations, do not apply to municipalities and are not applicable to this Solicitation. Protests of alleged improprieties in this Solicitation shall be filed prior to the Submission Deadline.

Any written protest shall, at a minimum, include: (i) the name, address, telephone number, and if available, email address of the Person making the protest; (ii) the Solicitation number and a detailed statement of the legal and factual grounds for the protest, including a description of resulting harm to the Person making the protest; and

(iii) any and all copies of supporting exhibits, evidence and/or documents to substantiate the claim.

7.17. USE OF BROKER

The Offeror warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees, or bona fide established commercial or selling agencies maintained by the Offeror for the purpose of securing business. For violation of this provision, the City shall have the right, in its sole discretion: (i) to terminate or suspend the Contract without liability to the City, its officials or employees; or (ii) to deduct from the Contract price or consideration, the full amount of such commission, percentage, brokerage, or contingent fee.

7.18. ASSIGNMENT OF THE CONTRACT

The City’s rights under the Contract are personal to the Contractor. It is mutually understood and agreed that the Contractor shall not assign, convey, sublet, transfer or otherwise dispose of its Contract or its right, title or interest therein, or its power to execute the Contract, to any other person without the express written consent of the City;

however, in no case shall such consent relieve the Contractor from its obligations under the Contract, or change the terms and conditions of the Contract.

7.19. CHANGES IN GOODS AND/OR SERVICES

The City, without invalidating the Contract, may order changes in the goods and/or Services within the general scope of the Contract, consisting of additions, deletions and/or other revisions, and the Contract sum and term shall be adjusted accordingly. Any cost or credit to the City from a change in Services shall be determined by mutual written agreement between the City and the Contractor. The Contractor shall provide all of the goods and services that may be required to complete the Contract at the price agreed upon. Any alterations of variables to the terms of the Contract shall not be valid or binding upon the City unless made in writing and signed by the City and the Contractor.

7.20. CONTRACT DISPUTES

Any and all disputes arising under the Contract, except under the provisions for termination, which are not disposed of by agreement between the City and the Contractor, shall be decided under procedures A-D listed below. Pending final resolution of a dispute, the Contractor shall proceed diligently with Contract performance. A claim must be in writing for a sum certain and any money requested must be fully supported by all cost and pricing information.

A. All disputes, claims, questions of fact or interpretations of the documents of the Contract not disposed of by agreement or express provision of the Contract arising between the City and the Contractor after performance of the Contract has commenced but before final payment and termination of the Contract, are decided by the City Manager.

B. The City Manager must give the Contractor not less than three (3) working days to submit documentation and written reasons supporting the Contractor's position in the dispute. The City Manager may consider any other information or written submissions from City employees or agents and may conduct an informal, non-record hearing for receipt of testimony, evidence and/or argument. The City Attorney may participate in the hearings to protect the City's interest.

C. The City Manager must render a decision, in writing, stating reasons for such decision and provide copies to the Contractor and the City Attorney. If the decision is mailed to the Contractor, it must be mailed "certified" and dated the date of mailing; otherwise, it must be dated the date of delivery to the Contractor.

D. The City Manager’s decision may be submitted to Binding Arbitration by either Party under the auspices of an arbitrator appointed by the American Arbitration Association.

7.21. DISSEMINATION OF DATA

The Contractor shall not release any information related to the Services under the Contract or publish any reports or documents related to the same without the prior written approval of the City. The Contractor shall include a similar provision in all subcontracts.

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7.22. EMPLOYMENT AS INDEPENDENT CONTRACTOR

The City and the Contractor recognize and agree: (i) that the Contractor shall act as an independent Contractor to the City; (ii) that the Contract does not create any actual or apparent agency, partnership, franchise, or relationship of employer and employee between the parties; (iii) that neither party shall be entitled to participate in any of the other party’s benefits, including without limitation, any health or retirement plans; (iv) that the Contractor shall not be entitled to any remuneration, benefits, or expenses other than as specifically provided for in the Contract;

and (v) that the City shall not be liable for any insurance, taxes, or withholding for or on behalf of the Contractor;

all such insurance, taxes or withholding, and costs for same, shall be the sole responsibility of the Contractor.

7.23. ETHICS LAWS AND REQUIREMENTS

The Contractor shall comply with the financial disclosure and conflict of interest and lobbying provisions of the City’s ethics laws, which may be found on the City’s website.

7.24. FORCE MAJEURE

The City and the Contractor acknowledge and agree that either party hereto will be relieved of its obligations hereunder in the event and to the extent that the performance of its obligations under the Contract is delayed or prevented by any cause beyond its control, including, without limitation, acts of God, public enemies, war, insurrection, acts or orders of governmental authorities, fire, flood, explosion, or riots (“Force Majeure”). Failure to receive necessary materials and supplies will not excuse performance hereunder unless such failure is itself due to an event of Force Majeure. A party obtaining relief under this provision shall make every reasonable effort to minimize the effects thereof and will promptly resume performance as soon as possible.

7.25. GOVERNING LAW

The Contract shall be construed in accordance with the laws and regulations of the United States, State of Maryland, and the City. For purposes of litigation involving the Contract, exclusive venue and jurisdiction shall be in the Circuit Court of Maryland for Montgomery County, District Court of Maryland for Montgomery County or the United States District Court of Maryland.

7.26. IMMIGRATION REFORM AND CONTROL ACT

The Contractor shall warrant that it does not and shall not hire, recruit or refer for a fee for employment under the Contract, an alien, knowing the alien is an unauthorized alien, and hire any individual without complying with the requirements of the Immigration Reform and Control Act of 1986 (“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 recruitment or referral for a fee, of the individual for employment or the discharging of the individual from 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.

7.27. INCONSISTENT PROVISIONS

Notwithstanding any provisions to the contrary in the terms and conditions of any contract supplied by the Contractor, the conditions of this Solicitation and the Contract supersede those terms and conditions in the event of inconsistency. In the event of any inconsistency between any of the provisions of this Solicitation and any of the provisions of the Contract, the provisions of the Contract shall take precedence over and supersede those provisions in the event of any inconsistency.

7.28. INDEMNIFICATION

A. The Contractor shall agree to indemnify, hold harmless and defend the City from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (“Claim”) suffered or incurred by the City or any third party resulting from any negligent acts by or errors or omissions of the Contractor, its employees, agents or subcontractors in connection with the performance of the Contract, except that if the City reasonably determines that any indemnified Claim might adversely affect the City, the City may take control of the defense at the City’s expense. The Contractor may not consent to the entry of any judgment or enter into any settlement of any Claim without the City’s prior written consent, which may not be unreasonably withheld.

https://www.gaithersburgmd.gov/government/city-code-regulations

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B. In the event of litigation between the City and the Contractor arising under, related to, or in connection with the Contract, the prevailing party shall be entitled to recover reasonable attorneys' fees from the non-prevailing party at the arbitration, trial and/or appellate levels.

7.29. LAWS AND REGULATIONS

The Contractor shall comply with any and all applicable federal, state and local laws, codes and regulations with respect to the Services under the Contract.

7.30. NO LIENS

The Contractor shall have no title or interest in any of the goods delivered to the City under the Contract. In no event shall the Contractor encumber any such goods delivered to the City with any lien of any kind or offer such goods as collateral in any transaction whatsoever. The Contractor shall, upon completion of the Services, provide the City with a Release of Liens from any subcontractor or other supplier.

7.31. NO WAIVER

Except as otherwise specifically provided in the Contract, a waiver by either party to the Contract of any breach of any provision of the Contract, or either party's decision not to invoke or enforce any right under the Contract, shall not be deemed a waiver of any right or subsequent breach, and all provisions of the Contract shall remain in force.

7.32. NONEXCLUSIVE

Nothing in the Contract shall be deemed to act as a bar to the City’s solicitation or purchasing of equipment, goods or services from any other company or entity.

7.33. NON-DISCRIMINATION REQUIREMENTS

A. The Contractor acknowledges and agrees that during the term of the Contract it shall:

I. Not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, sex, sexual orientation, national origin, affection preference, gender identity, genetic testing, disability, age, marital status or status with regard to public assistance or as a disabled veteran or veteran of the Vietnam era.

II. Take affirmative action to ensure that applicants and employees are treated without regard to their race, color, creed, religion, ancestry, sex, sexual orientation, national origin, affection preference, gender identity, genetic testing, disability, age, marital status or status with regard to public assistance or as a disabled veteran or veteran of the Vietnam era. Such action shall include but not be limited to the following: employment, upgrade, demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

III. In all solicitations for employees, state that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, ancestry, sex, sexual orientation, national origin, affection preference, gender identity, genetic testing, disability, age, marital status…