838783bridgeRville.pdf

IFB #01-27

HORIZON HILLS BRIDGE REPLACEMENT

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City of Rockville

Rockville, Maryland

INVITATION FOR BIDS # 01-27

(BRIDGE NO: PB-068)

BIDS DUE BY 2:00 PM (ET)

WEDNESDAY, SEPTEMBER 23, 2026

BIDS RECEIVED AFTER WEDNESDAY, SEPTEMBER 23, 2026, 2:00 PM

ET WILL NOT BE CONSIDERED

ISSUED BY:

TJ Ellison, CPPB Principal Buyer

Procurement Division City of Rockville, City Hall

111 Maryland Avenue, 1st Floor Rockville, Maryland 20850

Phone: (240) 314-8448

ISSUED ON:

August 10, 2026

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

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

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

MFD-V Outreach Program It is the intent of the City of Rockville to increase opportunities for minority, female, disabled or veteran (MFD-V) owned businesses to compete effectively at supplying goods, equipment, and services to the City, within the constraints of statutory purchasing requirements, departmental needs, availability, and sound economical considerations, including subcontracting or mentoring opportunities. Suggested changes and MFD-V enhancements to this solicitation’s requirements for possible consideration and/or inclusion in future solicitations are strongly encouraged. Any questions regarding MFD-V outreach or questions/concerns regarding the City’s bidding process should be addressed to procurement@rockvillemd.gov or 240-314-8430.

mailto:procurement@rockvillemd.gov

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Statement of “No Bid Submittal”

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

I/WE HAVE DECLINED TO BID ON IFB # 01-27, titled HORIZON HILLS BRIDGE REPLACEMENT Invitation for Bid for the following reason(s): [Please place a check mark (ü) next to the reason(s) as applicable]

(ü) Reason

Proposal requirements too "restrictive".

+ Insufficient time to respond to the Invitation for Bids.

We do not offer this service.

Our schedule would not permit us to perform.

Unable to meet requirements.

Unable to meet insurance or bond requirements.

Scope of Services unclear (please explain below).

Other (please specify below).

REMARKS:

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

Company Name: ____________________________________________________________________

Mailing Address: ______________________________________________________________________

Telephone Number: _____________ Email Address: _______________

Authorized Signatory Printed Name

Title Date mailto:tellison@rockvillemd.gov

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CITY OF ROCKVILLE

ROCKVILLE, MARYLAND

INVITATION FOR BIDS # 01-27

HORIZON HILLS BRIDGE REPLACEMENT

TABLE OF CONTENTS

Section Contents I Purpose, Description and General Information II General Terms, Conditions, and Instructions to Bidders

III Special Provisions

• Maryland Department of Environment JPA Requirements

IV Scope of Work and Technical Specifications V Bid Packet, Proposal Forms and Sample Documents

VI

Appendices and Permits

Appendix A p. 113 Montgomery County Department of Environmental Protection Noise Control Ordinance

Appendix B p. 115 MDE JPA Permit Requirements

Appendix C p. 118 Keystone Engineering Abutment Evaluation Report 4/28/25

Appendix D p. 124 Site Location Map

VII Approved Permit Drawings

p. 5

p. 9

p. 26

p. 29

p. 79

p. 125

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Submittal Checklist and Signature

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

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

Contract Insight - Collaboration Portal (rockvillemd.gov)

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

________ Did an authorized representative sign the Affidavit form?

________ Did you complete the reference form in attachment C?

________ Did you complete the warranty/maintenance information in your bid submittal?

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

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

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

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

PROMPT PAYMENT DISCOUNT: ____% FOR PAYMENT WITHIN ___ DAYS

COMPANY LEGAL NAME:

ADDRESS: _________________________________________________________________________________________________

SUBMITTED BY: ____________________________________________________________________________________________

SIGN YOUR NAME DATE

PRINT YOUR NAME

TELEPHONE# _________________________________ FAX # _________________________________

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

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

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SECTION I: Purpose, Description and General Information

1.1 PURPOSE

This project consists of supplying all the labor, equipment, tools, disposal and materials for the in-kind replacement of one (1) existing steel pedestrian bridge (PB-068) located in Horizon Hill Park of the City of Rockville Park system. The bridge is to be replaced with a fiber-reinforced polymer (FRP) bridge using the existing concrete bridge abutments. A structural evaluation performed by Keystone Engineering on April 22, 2024, determined the existing abutments are adequate to remain in use for the replacement bridge. The project also consists of the replacement of the four (4) existing wood-post wingwalls with gabion baskets, rough grading to install the gabion baskets and permanent turf establishment of disturbed areas at the end of the project. At the conclusion of the project, the contractor will provide as-builts drawings of the bridge and wingwalls. All existing asphalt pathways and concrete sidewalks are to be protected and remain in place, any damage will be the responsibility of the contractor to repair.

City permits are required for this repair and maintenance work scope. The following permits will be the responsibility of the awarded contractor to maintain and fulfill to its fullest extent per the terms and conditions of each issued permit:

• SMP2026-00014

• SCP2026-00010

• PWK2026-00029

• MDE-JPA 25-NT-3273 ATP

Appendix “D” The following bridge is to be replaced under this IFB #01-27 as follows:

FY25 Site Specific:

“See Location Map Attached in Report” PB-068 Horizon Hill Park Over Watts Branch Tributary

1.2 PROPOSED SCHEDULE

A. IFB release date – Monday, August 10, 2026 B. Pre-Bid Conference – Thursday, August 20, 2026, at 2:00 P.M. ET C. Questions Due – Tuesday, August 25, 2026, at 2:00 P.M. ET D. City’s Responses to Questions – Thursday, September 10, 2026 E. IFB Due Date – Wednesday, September 23, 2026, at 2:00 P.M. ET

1.3 PRE-BID and SITE VISIT MEETING

An on-site pre-bid meeting will be held on Thursday, August 20, 2026, at 2:00 PM ET. Bidders MUST register below prior to attending the meeting. Individuals interested in viewing the vicinity of the work are encouraged to do so at a later time (see below). Bidders shall assume complete responsibility and liability for any and all visits.

REGISTER

Prior to the Proposal Due Date, multiple site visits are recommended at the site located at Horizon Hill Park, 1900 S. Fallsmead Way, Rockville, Maryland 20854. All visitors must email the Project Manager, Mdaza@rockvillemd.gov if they plan on attending a site visit. The City will not be able to https://rockvillemd.webex.com/weblink/register/r351dd12953fd363901bf44eab48bfec0 mailto:Mdaza@rockvillemd.gov

6 | P a g e answer questions at these Site Visits. See DEADLINE FOR QUESTIONS below regarding how questions shall be addressed.

It is mandatory that the bidder attend a minimum of one (1) Site Visit as outlined in the preceding paragraph. To record and provide evidence of your visit, all visitors MUST email mdaza@rockvillemd.gov to report the date and time of their site visit. Failure to both physically complete a site visit and email record of such site visit will disqualify the bidder. Site visits must be completed before submitting a bid and no later than Tuesday, September 22, 2026.

1.4 DEADLINE FOR QUESTIONS

Questions pertaining to this bid may be directed to TJ Ellison, Principal Buyer, via the City’s Collaboration Portal only at https://contracts.rockvillemd.gov/gateway/Default.aspx no later than 2:00 PM ET on August 25, 2026. Oral answers to questions relative to interpretation of specification or the bid process will not be binding on the City.

1.5 BID SECURITY

Bids must be accompanied by an electronic copy of the Bid security made payable to the Mayor and Council of Rockville in an amount of five percent (5%) of Bidder’s Total Bid Price and in the form of a Bid Bond (AIA Bid bond form is acceptable) or a certified check, where the original security instrument must be mailed to City of Rockville, Procurement Division, 111 Maryland Avenue, Rockville, Maryland 20850, referencing the solicitation number. The City reserves the right to disqualify any bid, in any instance, where the City cannot locate the mailed, original security instrument. The City shall not be liable for any certified checks it cannot locate, or in any instance where a certified check is cashed by any individual not employed by the City of Rockville.

1.6 AGREEMENT/PERFORMANCE & PAYMENT BONDS

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

1.7 SUBMISSION

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

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

mailto:mdaza@rockvillemd.gov

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

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

Register for Virtual Bid Opening Here.

1.8 SUBMITTALS

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

• Bid Proposal Forms

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

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

1.9 ADDENDUM

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

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

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

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

1.10 ENVIRONMENTAL IMPACT

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

1.11 NOTICE TO BIDDERS

"Pursuant to 7-201 et seq. of the Corporations and Associations, Article of the Annotated Code of Maryland corporations not incorporated in the State, shall be registered with the Department of Assessments and Taxation, 301 West Preston Street, Baltimore, Maryland 21201 before doing any https://rockvillemd.webex.com/weblink/register/rd2d272f0e5ad3117a6795b32ca2afb2e

8 | P a g e interstate or foreign business in this state. Before doing any intrastate business in this state, a foreign corporation shall qualify with the Department of Assessments and Taxation."

1.12 US TREASURY IDENTIFICATION NUMBER

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

1.13 QUALIFICATION TO CONTRACT WITH PUBLIC BODY

Bidders must be qualified to bid in the State in accordance with Section 14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland which ordains that any person convicted of bribery (upon acts committed after July 1, 1997) in furtherance of obtaining a contract from the state or any subdivision of the State of Maryland shall be disqualified from entering into a contract with the City.

1.14 DISABILITY INFORMATION

ANY INDIVIDUALS WITH DISABILITIES WHO WOULD LIKE TO RECEIVE THE

INFORMATION IN THIS PUBLICATION IN ANOTHER FORM MAY CONTACT THE ADA

COORDINATOR AT 240-314-8100 TDD 240-314-8137.

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Section II. General Terms and Conditions and Instructions to Bidders

CITY OF ROCKVILLE

MARYLAND

GENERAL CONDITIONS AND INSTRUCTIONS TO BIDDERS

CONSTRUCTION 3/2022

Section 2.0 General Conditions and Instructions

1. TERMS AND CONDITIONS The terms and conditions of this document govern in event of conflict with any terms of the bidder’s proposal and are not subject to change by reasons of written or verbal statement by the contractor unless accepted in writing. Words and abbreviations which have well known technical, or trade meanings are used in accordance with such meanings.

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

3. SUBMISSION OF BID All bids are to be submitted electronically, in a pdf format file, via a City designated bid receipt software solution.

File name of the pdf document must contain the Bid Number, Bidders Name and Bid Due Date. The following forms must be submitted:

• Bid proposal page(s)

• Non-collusion/non-conviction affidavit

• Bid Bond

• Reference sheet

• Other forms as required in the bid document.

The bid proposal form must be filled out and submitted electronically. Conditional bids and bids containing escalator clauses will not be accepted. All bids must be regular in every respect and no interlineation, exclusions, or special conditions shall be made or included.

Bids must contain an electronic or scanned signature, in the space provided, of an individual authorized to bind the bidder. PLEASE STATE CLEARLY IF THE BID RESPONSE WAS DEVELOPED USING ARTIFICIAL INTELLIGENCE (AI) SOFTWARE OF ANY TYPE.

4. LATE BIDS It is the bidder’s responsibility to assure delivery of the bid at the proper time via the designated electronic, software solution.

Bids delivered in any other fashion will not be considered. All bids will be publicly opened in a virtual environment after the time set for receipt of bids and read aloud via a City telepresence software solution. Bidders may attend bid openings at the phone number and/or web address provided by the City.

5. ADDENDUM In the event that any addenda to this solicitation are issued, all solicitation terms and conditions will retain in effect unless they are specifically changed in the addendum. It is the responsibility of the bidder to make inquiry as to addenda issued. Oral answers to questions relative to interpretation of specifications or the proposal process will not be binding on the City.

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

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

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

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

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

9. BID AWARD Unless otherwise specified in the Invitation for Bid documents, award will be made to lowest responsive and responsible bidder complying with all provisions of the Invitation for Bid, provided the price is reasonable and in the best interest of the

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City to accept. The City reserves the right to award by individual commodities/services, group, all or none or any combination thereof.

When a group is specified, all items in the group must be bid.

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

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

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

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

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

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

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

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

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

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

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

10. ELECTRONIC PAYMENT OPTION

The Vendor ACH Payment Program of the City allows payments to be deposited directly to a designated financial institution account.

Funds will be deposited into the account of your choice automatically and on time. All transactions are conducted in a secure environment. The program is totally free as part of the Finance Department’s efforts to improve customer services.

11. SENSITIVE DOCUMENTS

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

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

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

12. DOCUMENTS, MATERIALS AND DATA All documents, materials, or data developed as a result of this contract are the City’s property.

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

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

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

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

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

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

18. INTEREST IN MORE THAN ONE BID AND COLLUSION

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

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

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

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

21. INSPECTION OF THE WORK SITE Each bidder shall visit the site of the proposed work and become fully acquainted with the existing conditions and fully informed as to any facility involved, and the difficulties and restrictions attending the performance of this contract.

Applicable drawings, technical specifications and contract documents should be thoroughly examined. The successful bidder shall in no way be relieved of any obligation due under the executed contract by the failure to examine any form of legal instrument or to visit the site.

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

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

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

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

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

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

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

PAYMENT BOND For a contract exceeding One Hundred Thousand Dollars ($100,000) the payment bond shall be in an amount equal to 100% of the bid amount. For a contract exceeding Twenty-Five Thousand Dollars ($25,000) but not exceeding One Hundred Thousand Dollars ($100,000) the payment bond shall be in an amount equal to fifty percent (50%) of the bid amount. Bonds shall be executed by a surety company authorized to do business in the State of Maryland.

The successful bidder may request that in lieu of bonds, the City accept the equivalent in the form of a certified check or other security.

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

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

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

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

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

28. DELIVERY Time is of the essence. The Contractor shall expedite the work and achieve substantial completion within the contract time.

If time limits are not specified, state the number of days required to make delivery/completion in the space provided. Defective or unsuitable materials or workmanship shall be rejected and shall be made good by the Contractor, notwithstanding that such materials/workmanship have previously been overlooked and accepted.

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

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

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

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

32. DEFECTIVE MATERIALS/WORKMANSHIP

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

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

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

13 | P a g e upon, not as a penalty, but as liquidated damages and the City shall have the right to deduct the amount of such damages from any moneys due the Contractor under this Contract.

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

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

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

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

38. PROGRESS SCHEDULE AND SCHEDULE OF OPERATIONS The construction of this project will be planned and recorded with an Activities Chart Project Schedule (AC) and Written Narrative (WN) unless specifically determined to be unnecessary by the Project Manager. The AC Project Schedule and Written Narrative will break down, in detail, the time (working days or completion date) involved in performing major construction activities for the duration of the project. The AC Project Schedule shall be used for the coordination and monitoring of major work under the contact including the activities of subcontractors, vendors, and suppliers. , if applicable to this project, the AC Project Schedule shall be prepared in accordance with the requirements of the Maryland State Highway Administration Standard Specifications for Construction and Materials dated January 1982, and the errata and addend thereto, subsequent supplement(s) and the Special Provisions as set forth in this Invitation for Bids, unless otherwise directed or approved by the Project Manager. The schedule shall be consistent with the contract specified completion date(s) and/or working days. The Contractor is responsible for preparing the initial AC Project Schedule and Written Narrative.

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

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

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

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

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

MDSHA Book of Standards for Highway and Incidental Structures.

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

3. Standard Specifications of WSSC dated July 2005.

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

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

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

7. Montgomery County Noise Ordinance.

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

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

Any discrepancies which may be discovered during the execution of work between actual conditions and those represented by the contract documents shall be reported to the City and work shall not proceed until written instruction has been received by the contractor from the City.

41. INTERPRETATION Any questions concerning terms, conditions and definitions of the bidding regulations or information shall be communicated to the Buyer through the City’s portal and will be answered in accordance with the bid requirements. Any questions regarding the contract shall be directed in writing to the Buyer prior to execution and will be addressed prior to execution. Any questions concerning the technical specifications and drawings shall be directed in writing to the Project Manager. The submission of a bid shall be prima facie evidence that the bidder thoroughly understands the terms of the bid documents. The Contractor shall take no advantage of any error or omission in these bid documents, or in any subsequently issued contract.

42. PRE-CONSTRUCTION CONFERENCE A pre-construction conference may be held in person or virtually following contract award. The meeting must be attended by the Contractor. No compensation will be made by the City to the Contractor for meetings.

43. EMERGENCY CONTACT The Contractor shall provide at least two local telephone numbers which may be used for contacting an official of the Contractor at all times, 24 hours per day, seven days per week: at which numbers person(s) of responsibility will be available to respond to City directives relative to the contract. The Contractor shall have available sufficient personnel and equipment to immediately respond to emergency needs, as determined by the City. There will be no special compensation paid for this requirement, but the cost is to be considered incidental to the other contract pay items.

44. SUPERVISION AND DIRECTION OF WORK The work shall be under the general supervision of the Project Manager. While it is intended that the Contractor shall be allowed in general to carry on the contract in accordance with such general plan as may appear to the Contractor most desirable, the Project Manager, at the Project Manager's discretion, may from time to time, direct the order in which, and points at which, the work shall be prosecuted and may exercise such general control over the conduct of the work at a time or place, as shall be required, in the Project Manager’s opinion, to safeguard the interests of the City, and the Contractor shall have no claims for damages or extra compensation on account of the fact that it shall have been necessary to carry on the work in different sequence from that which the Contractor may have contemplated. The Contractor shall immediately comply with any and all orders and instructions given by the Project Manager, but nothing herein contained shall be considered such an assumption of control over the work by the City or the Project Manager as to relieve the Contractor of any obligations or liabilities under the contract.

45. INSPECTION Work and materials will be inspected promptly to see that the same strictly correspond with the drawings and specifications, but if, for any reason, delay should occur in connection with such inspection, the Contractor shall have thereby no claim for damages or extra compensation.