839109ledGburg.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

Robertson Park Field #3

Sports Lighting System Upgrade to LED

RFP2027-001

Solicitation Issued:

Time: 5:00 PM

August 3, 2026

September 3, 2026

2027-001@gaithersburgmd.gov

2027-001@gaithersburgmd.gov

Version 022022

TABLE OF CONTENTS

1. Definitions

2. INTRODUCTION AND SCOPE OF WORK

2.1. Introduction

2.2. Background

2.3. General Description Of Services

2.4. Scope Of Work

2.5. Pre-Construction

2.6. Construction

2.7. Post Construction Quality Control

2.8. Other Requirements

2.9. Record Drawings

2.10. Warranty

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. Subcontractors

7.39. Survival

7.40. Termination

8. SPECIAL TERMS AND CONDITIONS

8.1. Bonds

8.2. Insurance

8.3. Payments

8.4. Retainage

8.5. Work Hours

8.6. Change Orders

9. ATTACHMENTS AND EXHIBITS

Request for Proposal 2027-001 Robertson Park Field #3 Sports Lighting System Upgrade to LED Page 1

1. Definitions 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.

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

Robertson Park Field #3 Sports Lighting System Upgrade to LED Page 2

2. INTRODUCTION AND SCOPE OF WORK

2.1. INTRODUCTION

The City is seeking Proposals for the demolition, removal, and proper disposal of the existing metal halide lighting system and the design and build of a new sports lighting system for a soccer field at Robertson Field #3, located at Robertson Park, 801 Rabbitt Road, Gaithersburg, Maryland 20878. This design and build project shall incorporate all aspects of demolition and removal, design, manufacture, permitting and construction, and installation for the new LED sports lighting system.

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. Located at Robertson Park, Field #3 is a synthetic turf field situated below the two upper baseball fields and the Youth Center. Robertson Field #3 is an all-purpose football/baseball/soccer synthetic turf field.

Robertson Field #3 is used year round for rentals and may be rented out to individuals or organizations when the City’s sports program is not utilizing the facility. The fields are used primarily for spring, summer, and fall: adult softball, spring girls’ softball, spring co-ed baseball, spring co-ed baseball and spring youth t-ball. A new sports field lighting system will provide safer and more desirable playing conditions and efficient use of electricity.

C. The poles on the far side of the field, near the wood line, will be difficult to access for removal of the existing lighting system and installation of the new lighting system.

2.3. GENERAL DESCRIPTION OF SERVICES

A. The Contractor shall provide outdoor sports lighting design and build services. Services include but are not limited to:

i. Design of the new outdoor sports lighting system;

ii. Removal and proper disposal (recycling) of existing lighting system; and

iii. Manufacture, construction, and installation of the new outdoor sports lighting system for Robertson field #3.

B. The Contractor shall be responsible for all necessary labor, equipment, supplies, permits, etc. necessary for the completion of the project.

C. All existing lighting system parts shall not be reused in any manner; all existing parts must be recycled or destroyed and properly disposed of.

D. The City of Gaithersburg will not assume any liability for any and all materials until final completion of the project.

E. It shall be the sole responsibility of the Contractor to provide a safe and secure workplace/site to protect workers, bystanders, and equipment. The access to the existing lighting will be difficult and require careful planning and protection of existing conditions and property, especially the synthetic turf field.

2.4. SCOPE OF WORK

I. Design A. The Contractor shall inspect the worksite for verification of existing site conditions, utilities present, accessibility, materials storage space, and specific job site sensitivities that may impact the design of the lighting system. Prior to commencing any design work, the Contractor shall report any discrepancies or issues that may impact the design to the City’s Project Manager.

B. Design services and criteria shall include, but are not limited to, the following:

i. Adherence to the highest industry (outdoor LED lighting) standards, with the consideration of energy efficiency while maintaining the most effective grid points and grid spacing for the safety of all players and spectators involved.

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

Robertson Park Field #3 Sports Lighting System Upgrade to LED Page 3

ii. Light levels of a minimum twenty-five (25) years.

iii. Specifications and lighting calculations shall be developed and field measurements performed to light the field for 50 foot candles for parks, recreation, and high school level play.

iv. Dark sky technology shall be utilized to prevent spill light into neighboring communities. The Offeror shall show how much spill light is reduced with the dark sky technology.

v. The lighting system software must include/have the capability to detect and report outages and energy usage over a twenty-five (25) year life cycle. Life cycle costs shall be controlled and minimized for efficiency and cost effective operation as proposed in the Contractor’s approved design. The Contractor shall proactively monitor the system and report any outages to the City within 24-hours of the outage.

II. Hours of Usage A. The Contractor shall provide a means of tracking actual hours of usage for the field lighting system that is readily accessible to the City.

i. Cumulative Hours Cumulative hours shall be tracked to show the total hours used by the facility.

ii. Current Lamp Hours Current lamp hours shall be tracked separately to reflect the amount of hours on the current set of lamps being used, so re-lamping (if applicable) can be accurately scheduled.

III. Communication Costs A. Offeror shall include communication costs for operating the controls and monitoring the system for a period of twenty-five (25) years.

i. A remote on and off control system shall be installed to allow for optimized efficiency during operation of the facility.

ii. The remote system shall allow the City and users with a security code to schedule on and off system operation and store seven (7) day schedules via a web site, phone, fax or email.

iii. The Contractor shall provide and maintain a two-way communication link. Trained staff shall be able to provide around the clock (24/7) scheduling support and assist with reporting needs. City staff shall have various security levels of operation.

iv. The control system shall accept and store seven (7) day schedules that are protected against memory loss during power outages, and shall reboot when power is restored, and execute any commands that were scheduled during the power outage.

v. Upon the City’s request and at any time prior to the City’s final approval of the designs, the Contractor shall provide through explanation in response to any concerns or questions that may arise, and shall execute any and all modifications to the lighting design as directed by the City.

vi. The construction documents shall be delivered to the City’s Project Manager for review and approval prior to permit application. Two (2) sets of printed and one (1) electronic file of the drawings and specifications shall be delivered.

2.5. PRE-CONSTRUCTION

A. Project Site Verification

Inspect the project site for verification of existing site conditions, utilities present, accessibility, materials storage space, and specific job site sensitivities prior to commencing any construction activities and report any discrepancies found to the City’s Project Manager. The following responsibilities shall be completed (not necessarily in the order listed below) prior to commencement of construction activities:

Robertson Park Field #3 Sports Lighting System Upgrade to LED Page 4

i. Develop and submit for approval a construction plan and schedule of work. The schedule shall contain, at a minimum, the timeline of activities with milestones in a critical path method.

ii. Prepare and submit for approval a schedule of values.

iii. Permit coordination - Contractor shall adhere to all permitting requirements and follow all applicable Federal, State, and Local codes and regulations. The City acknowledges and agrees to waive the fee for any permits both required and issued by the City. Copies of all permits and permit inspection notifications shall be sent to the City’s Project Manager for notification and record.

iv. Perform a geotechnical investigation and report for design and installation of new poles.

v. Develop and submit for approval a site plan with complete awareness of the sensitive areas that cannot be affected during construction. The site plan shall include a plan for the staging of equipment/supplies, construction access, protection of sensitive areas, and access to lighting locations while protecting the turf field.

vi. The Contractor shall inspect and test all printed circuit boards (PCBs) associated with the existing lighting and control systems prior to demolition. Testing shall include visual inspection, electrical integrity verification, and functional assessment to document current condition and identify any faults or safety concerns. All PCB components shall be evaluated by qualified personnel, and any damaged, unsafe, or non-operational boards shall be reported to the Owner.

Test results, photographs, and condition documentation shall be submitted prior to removal or replacement of any equipment.

vii. The Contractor shall perform testing for polychlorinated biphenyls (PCBs) on all existing lighting system components that may contain PCB materials, including but not limited to ballasts, capacitors, and associated electrical equipment installed prior to the PCB ban era. Any suspect components shall be sampled and analyzed by a qualified laboratory, and all materials confirmed or presumed to contain PCBs shall be handled, removed, and disposed of in accordance with all applicable federal, state, and local environmental regulations.

Documentation of testing results and disposal manifests shall be provided to the Owner prior to demolition or system replacement.

B. Access and Removal Plan The Contractor shall develop a plan that provides access to all existing light poles for demolition and removal. The removal and installation of light poles will be challenging. There is an earthen swale near the field at the S/SW side. See the assumptions on challenges below.

i. Building an access path around the field for access will encounter slopes, drainage basins, and earthen swales.

ii. Access over the field encounters protection to distribute weight to ensure no damage to the curbs, field, sub-base, and asphalt paths.

C. Submittals

Within fourteen (14) business days after the Contractor is issued a Notice to Proceed, the Contractor shall provide all submittals required for approval by the City. Submittals shall include, but not be limited to, the following:

i. All product data and specifications.

ii. Construction plans for entrance, storage, access and protection, demolition and removal, and installation.

iii. Final revised project plan and schedule.

iv. Schedule of values.

Robertson Park Field #3 Sports Lighting System Upgrade to LED Page 5

v. The Contractor must obtain all necessary permits and the City’s written approval prior to ordering or purchasing of any goods.

2.6. CONSTRUCTION

A. Preparation of existing site conditions plan for demolition and removal of the existing lighting system.

The existing turf shall be protected from any damage.

i. Address how you will protect the turf field if it is determined access is necessary over the field.

ii. Address how you will protect the field and existing drains if it is determined to construct a path beside and behind the field.

B. Set up temporary safety barriers (temporary fencing, cones, barricades, etc.) and provide accurate security to protect against vandalism or theft.

C. Demolition and proper removal (recycling) of existing lighting system (poles and lights), and electrical wiring, if necessary.

D. Compliance with all applicable laws and/or regulations in removing and disposing of any electrical components containing PCB’s.

i. The lighting system at this park is over 42 years old, so the Contractor shall follow all laws and guidance for confirming the presence of Polychlorinated Biphenyls (PCBs) and take any necessary actions, if present.

E. Preparation of existing site conditions for installation of the newly designed sports field lighting system (poles and lights).

F. Installation of newly designed sports field lighting system (poles and lights), and electrical wiring, if necessary.

G. Final clean-up of job site.

2.7. POST CONSTRUCTION QUALITY CONTROL

A. Illumination measurements shall be conducted to verify the proper performance of the new sports field lighting system. This test shall be performed in the presence of the Contractor, Project Engineer, Manufacturer’s Representative, and the City’s Project Manager. The illumination measurements shall be conducted in accordance with all applicable codes and standards.

B. If, in the opinion of the City or its appointed representative(s), the actual performance levels do not meet the standards within the specifications as designed, the Contractor shall adhere to the following steps for correcting the non-conformance issues:

i. The Contractor shall, at no cost to the City, provide and install any additional fixtures or poles necessary to meet the specifications as designed.

ii. The Contractor shall, at no additional cost to the City, remove the non-conforming lighting system in its entirety and replace it with a new lighting system to meet the designed specifications, including if the lighting system fails to meet the City’s energy consumption costs.

2.8. OTHER REQUIREMENTS

A. Permits and Licenses

The Contractor shall, at its expense, procure and maintain in effect all licenses, permits and certifications which are or may be required by regulatory bodies for the performance of the Services. The City acknowledges and agrees to waive the fees for any permits that are both required by and issued by the City.

B. Safety and Cleanliness The Contractor shall be responsible for keeping the job site clean and orderly. All vehicles, trailers and

Robertson Park Field #3 Sports Lighting System Upgrade to LED Page 6 other equipment of the Contractor shall be clean and in proper working order. All excess material shall be removed from the site and disposed of by the Contractor after completion. Barricades shall be used in accordance with industry standards and government regulations.

C. Standard of Conduct The Contractor shall exhibit proper decorum, act in a professional manner and maintain a neat appearance at all times while performing the work.

D. The Contractor shall adhere to ALL City codes (https://www.gaithersburgmd.gov/government/city-code-regulations) adopted by the Mayor and City Council, as applicable, especially with specific reference to Section 15-8. Disturbing the peace, Section 15 A. Parks and Other Properties, and Section 18 A.

Smoking and Vaping Placement and Prohibition (Refer to links below).

Disturbing the Peace https://library.municode.com/md/gaithersburg/codes/code_of_ordinances?nodeId=PTIITHCO_CH15O

FIS_S15-8DIPE

Parks and Other Properties https://library.municode.com/md/gaithersburg/codes/code_of_ordinances?nodeId=PTIITHCO_CH15A

PAOTPR

Smoking and Vaping Placement and Prohibition https://library.municode.com/md/gaithersburg/codes/code_of_ordinances?nodeId=PTIITHCO_CH18A

SMVAPLPR

2.9. RECORD DRAWINGS

The Contractor shall submit record drawings to the City immediately following the final approval notification by the City.

A. Damage Repair The Contractor shall repair all damage to any landscape or hardscape surface (synthetic turf field, grass, asphalt, concrete, etc.) and replace with the same material and specifications; wires, irrigation, phone or power lines, and any other park feature that is disturbed during the removal of the old lighting system and installation of the new lighting system.

B. Pepco Rebate The Contractor shall assist with calculations and submissions of any Pepco incentive rebate for upgrading to LED lighting. The assistance shall be to complete any required forms and submissions and complete any details for Pepco to determine the rebate approval.

C. Utilities and Notifications

i. The Contractor shall be responsible for locating all existing utilities, including private utilities Should any existing utilities be damaged or destroyed due to the operations of the Contractor, the Contractor shall: immediately notify the utility owner and the City’s Project Manager, and immediately begin to repair or replace all damaged or destroyed components as necessary to restore the utilities to a satisfactory operating condition as directed by the utility owner, and at no cost to the City.

ii. The Contractor shall be responsible for notifying all concerned agencies affected by the work a minimum of 48 hours in advance of any activity, as prescribed by said agencies, including, but not limited to: the Washington Gas, PEPCO, Verizon, Comcast Cable, and the Washington Suburban Sanitary Commission. In addition, the Contractor shall notify MISS UTILITY at 1-800-257-7777 a minimum of 72 hours but no more than five (5) working days prior to any digging or excavation.

2.10. WARRANTY

Prior to the completion of the Services, the Contractor shall submit to the City a signed warranty that covers the entire system for twenty-five (25) years. Warranty shall guarantee light levels, lamp replacements, system energy consumption, monitoring, maintenance and control services, spill light control, and structural integrity. The Contractor shall maintain specifically-funded financial reserves to assure fulfillment of the https://www.gaithersburgmd.gov/government/city-code-regulations https://www.gaithersburgmd.gov/government/city-code-regulations https://library.municode.com/md/gaithersburg/codes/code_of_ordinances?nodeId=PTIITHCO_CH15OFIS_S15-8DIPE https://library.municode.com/md/gaithersburg/codes/code_of_ordinances?nodeId=PTIITHCO_CH15OFIS_S15-8DIPE https://library.municode.com/md/gaithersburg/codes/code_of_ordinances?nodeId=PTIITHCO_CH15APAOTPR https://library.municode.com/md/gaithersburg/codes/code_of_ordinances?nodeId=PTIITHCO_CH15APAOTPR https://library.municode.com/md/gaithersburg/codes/code_of_ordinances?nodeId=PTIITHCO_CH18ASMVAPLPR https://library.municode.com/md/gaithersburg/codes/code_of_ordinances?nodeId=PTIITHCO_CH18ASMVAPLPR

Robertson Park Field #3 Sports Lighting System Upgrade to LED Page 7 warranty for the full term. Warranty may exclude fuses, storm damage, vandalism, abuse, and unauthorized repairs or alterations.

2.11. MINIMUM QUALIFICATIONS OF OFFERORS

A. The Offeror must have at least ten 10 years of experience designing, manufacturing, and installing outdoor LED sports lighting systems with similar scope and complexity to the work detailed herein.

B. Offeror must be registered and in good standing to provide services in the state of Maryland.

C. Site Superintendent must have at least eight (8) years experience. Site Superintendent must have OSHA

30 certification. Provide documentation as outlined in section 4.1, C.

D. Offeror must have OSHA 29 CFR 1926 Subpart CC certification. (Cranes and Derricks in Construction) E. Offeror must have licensed Electrician with OSHA 29 CFR 1926 Subpart K certification (Electrical).

F. Offeror must have OSHA 29 CFR 1926 Subpart E certification (Occupational Health and Environmental

Controls).

2.12. CONTRACT PERIOD AND RENEWALS

A. The resultant contract period shall be from the date of award September 1, 2026 through June 30, 2027.

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.

3. SOLICITATION SCHEDULE AND INFORMATION

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: August 3, 2026 N/A B. Pre-Submission Meeting: August 13, 2026 At 11:00AM C. Offeror Questions Due in Writing: August 19, 2026 by 5:00 PM D. Q&A Addendum Issued: August 28, 2026 by 5:00 PM E. Submission Deadline: September 3, 2026 by 5:00 PM

3.2. PRE-SUBMISSION MEETING

An optional Pre-Submission Meeting at the location shown below 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.

Offerors are expected to bring a copy of all the Solicitation Documents to the Pre-Submission Meeting; the City will not provide copies.

Robertson Park Field #3 801 Rabbitt Road Gaithersburg, Maryland 20878

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.

mailto:procurement@gaithersburgmd.gov

Robertson Park Field #3 Sports Lighting System Upgrade to LED Page 8

4. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

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:

A. Business Profile A cover letter prepared on official business stationary signed by an individual authorized to bind the Bidder to its Bid, and shall include the contact information of an individual to whom the City should direct correspondence. This business profile shall include as a minimum summary of the business, history, vision, philosophy, etc.

B. Understanding of the Requirement and Technical Approach

i. Discussion of the requirements as they are analyzed by the Offeror and proposed scope of work directly correlated to this solicitation.

ii. Preliminary Work Plan that describes the phases into which the proposed project can be logically divided and performed and a timeline for executing the plan. Offeror should also indicate its intent to use subcontractors for completion of any portion of this project (Refer to Subcontractor Form in Attachment A).

a) Provide three(3) projects completed by Subcontractor of lighting installations similar in scope and size as outlined in in this solicitation.

iii. Discussion of the Offeror’s awareness of the potential difficulties in the completion of this undertaking and resolution strategies, as well as any alternative approaches including but not limited to the following:

a) Plan for accessing the light poles on the south side of the field.

b) Plan for protecting the synthetic turf field from damage.

C. Organizational and Staff Experience – Offerors must describe their qualifications and experience in performing the work prescribed in this solicitation.

a) Provide three (3) completed projects of similar size and scope as outlined in this solicitation.

b) Include resumes of all staff proposed for this project, including Site Superintendent and Electrician.

c) Include resumes of Sub-contractors proposed for this work.

D. References – Offerors must provide at least three (3) customer references, within the last five (5) years, for similar or related tasks performed for organizations of similar size and complexity. A reference sheet is provided in Attachment A of this solicitation.

E. Financial Wellness The Bidder shall include evidence of financial solvency, e.g., audited financial statements, attestation letter from a financial institution, etc.

F. Pricing This Section of the Proposal shall include a Robertson Field #3 Sports Lighting Design and Build Proposal Price Sheet, a copy of which is attached hereto as Attachment B.

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 Bid/Propose

c. Bid/Proposal Submission Certification

d. References

e. Provide documentation OSHA Certifications outlined in section 2.10.

Robertson Park Field #3 Sports Lighting System Upgrade to LED Page 9

f. List of Subcontractors

g. Conflict of Interest Certification

h. Litigation and Lien Information

i. W-9

j. Vendor Registration Form

All documents and forms shall be completed in their entirety and, be or signed by an authorized or duly authorized representative of the Offeror.

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 2027- 001@gaithersburgmd.gov. The Proposal shall be a portable file document consisting of:

i. Technical Proposal

ii. Proposal Price Sheet (Attachment B)

iii. Attachment A (Required Forms)

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 submit any downloadable file link 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. Offeror will receive a confirmation of receipt email with date and time stamp after proper submission of proposal. If no email is received, please contact Procurement immediately at Procurement@gaithersburgmd.gov. Do NOT submit proposals to this email address.

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Robertson Park Field #3 Sports Lighting System Upgrade to LED Page 10

5. Evaluation Criteria and Selection Process

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. Demonstrated understanding of the requirement – 25 pts.

b. Scope of work – 30 pts

c. Qualifications, Experience and Capabilities – 25 pts

d. Pricing – 20 pts.

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.

Robertson Park Field #3 Sports Lighting System Upgrade to LED Page 11

6. NOTICE TO OFFERORS

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 propose 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.

mailto:procurement@gaithersburgmd.gov

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7. SOLICITATION AND CONTRACT TERMS AND CONDITIONS

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.

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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.

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7.21. DISSEMINATION OF DATA

The…