For more information, please visit our online supplier portal, located at https://procurement.opengov.com/portal/cityoffrederickmd

City of Frederick

REQUEST FOR PROPOSAL

RFP-27-07

WILLIAM R. DIGGS SWIMMING POOL HOUSE WALL REPAIR - CIP# 410042

(SMALL BUSINESS RESERVE PROGRAM)

RELEASE DATE: August 27, 2026

RESPONSE DEADLINE: September 25, 2026, 3:00 pm

Please refer to the project timeline in this document for all important deadlines.

Request For Proposal #RFP-27-07 Title: William R. Diggs Swimming Pool House Wall Repair - CIP# 410042 (Small Business Reserve Program)

Table Of Contents

1. GENERAL CONDITIONS

2. SPECIAL CONDITIONS

3. SCOPE OF WORK

4. ATTACHMENTS

5. REQUIRED INSURANCE

6. PROPOSAL REQUIREMENTS

7. PRICE PROPOSAL

8. SELECTION CRITERIA

9. SUBMISSION REQUIREMENTS

Attachments:

A - Foundation Wall Assessment

B - Geotech report_DiggsWall

Title: William R. Diggs Swimming Pool House Wall Repair - CIP# 410042 (Small Business Reserve Program)

1. GENERAL CONDITIONS

These General Conditions apply to all City of Frederick (City) Solicitations, including but not limited to, Invitations to Bid (ITB), Request for Proposals (RFP), Request for Quotes (RFQ), and any other procurement

(“Solicitation”) issued by the City. The terms Vendor, Contractor, Offeror, and Bidder are used interchangeably throughout the these General Conditions and the Solicitation documents, and each refers to any individual, firm, partnership, corporation, or other entity that submits a Response to a Solicitation. The term Response refers to any submission made by a Vendor in reply to a Solicitation. These General Conditions are intended to apply regardless of the evaluation method used, including low-bid, best value, or qualifications-based selection.

1.1. NON-DISCRIMINATION

The City of Frederick (City) does not discriminate on the basis of race, color, religion, sex, national origin, age, marital status, veteran status, disability, sexual orientation, gender identity, genetic information, or any other legally protected group in employment or in the provisions of services.

1.2. INTERPRETATIONS

Unless otherwise stated in the solicitation, any questions concerning conditions and specifications should be submitted in writing.

1.3. CLARIFICATION AND ADDENDA TO SOLICITATION DOCUMENTS

If any persons contemplating submitting a Response under this Solicitation are in doubt as to the true meaning of the specifications, Solicitation documents or any part thereof, they must submit questions in writing via the

City of Frederick's OpenGov Portal no later than 3:00 pm am on Monday, September 14, 2026. Any questions received after that time may or may not be answered at the City’s discretion.

The City shall issue an addendum if substantial changes, which impact the technical submission of Responses, are required. In the event of conflict with the original Solicitation Documents, the Addendum shall govern over all other contract documents to the extent specified. Subsequent Addenda shall govern over prior addenda only to the extent specified. Addendum will be issued through the City's OpenGov Portal. Vendors are required to register for an account via the City's OpenGov Portal. Once registered, Vendors will receive addenda notifications to their email by clicking "Follow" on this project.

The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other City representative.

Ultimately, it is the sole responsibility of each Vendor to periodically check the site for any addenda at the

City's OpenGov Portal.

1.4. SPECIAL CONDITIONS

Any and all Special Conditions that may vary from these General Conditions shall have precedence.

1.5. HEADINGS AND TERMS

https://procurement.opengov.com/portal/cityoffrederickmd/projects/283179 https://procurement.opengov.com/portal/cityoffrederickmd

Title: William R. Diggs Swimming Pool House Wall Repair - CIP# 410042 (Small Business Reserve Program)

The headings to the various sections of this Solicitations have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any way the expressed terms and provisions hereof. Additionally, words such as contract/agreement and bidder/proposer/vendor may be used interchangeably in the various sections of this Solicitation and shall not in any manner be construed as modifying, amending, or affecting in any way the overall intent of the Document.

1.6. DISCLAIMER

The City may accept or reject, in whole or in part, for any reason whatsoever any or all submissions; re-advertise this Solicitation; postpone or cancel at any time this Solicitation process when it is in the best interest of the City to do so.

Submissions that are not received on time or do not conform to the City’s requirements will not be considered. The City also reserves the right to contact a proposer for clarifications and may, at its sole discretion, allow a proposer to correct all formalities, informalities, and technicalities in the best interest of the City.

The issuance of this Solicitation constitutes only a request to make submissions to the City. The City reserves the right to determine, at its sole discretion, whether any aspect of a submission satisfies the criteria established in this Request. The selection shall be based on the Response, which is in the sole opinion of the

City, is in the best interest of the City.

The final approval and recommendation for award of this Solicitation shall be in accordance with the City

Purchasing Policies.

Nothing in this Solicitation or accompanying documents submitted will create any contractual relationship between the City and proposer.

The City assumes no obligations, responsibilities, and liabilities, fiscal or otherwise, to reimburse all or part of the costs incurred or alleged to have been incurred by parties considering a Response to and/or responding to this Solicitation. All such costs shall be borne solely by each proposer.

The submission of a Response shall be prima facie evidence that the Vendor is familiar with and agrees to comply with the contents of this Solicitation.

1.7. EXAMINATION OF DRAWINGS, CONTRACT DOCUMENTS AND PROJECT SITE

Proposers shall thoroughly examine this Solicitation, and if applicable to this Solicitation, all other drawings, documents or other materials referred to herein and conduct investigations and site visits to completely understand the scope of project, project site conditions, and all other conditions relative to compliance with the Agreement. No plea of ignorance by the Vendor of conditions that exist or that may hereafter exist, as a result of failure or omission on the part of the Vendor to make said investigations and visits, and/or failure to fulfill in every detail the requirements of this Solicitation and the Agreement will be accepted as a basis for varying the requirements of the City or the compensation of the selected Vendor(s).

1.8. SEALED BIDS

Title: William R. Diggs Swimming Pool House Wall Repair - CIP# 410042 (Small Business Reserve Program)

The Vendor is required to carefully examine the specifications and be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. It is further understood and agreed that each Vendor is solely responsible for all assumptions, deductions, or conclusions which they make or obtain from their examination of information made available by the City.

Responses received after the closing time and date, for any reason whatsoever, will not be considered.

Any disputes regarding timely receipt of Responses shall be decided in favor of The City of Frederick.

1.9. COST OF PREPARATION OF RESPONSE

The City will not be responsible for any cost incurred by any Vendor in the preparation of their Response.

1.10. PROPRIETARY INFORMATION

It shall be the Vendor’s responsibility to duly note on their submittal if any information in their submitted

Response contains proprietary information and the context under which same should be handled by reviewers. Vendors shall not mark sections of their Response as proprietary or confidential if they are to be part of the award of the Contract/Agreement and are of a "material" nature (i.e., prices). Material information may be required to be released in accordance with the Public Information Act.

1.11. NO CONTACT DURING PROCUREMENT PROCESS

It is the policy of The City of Frederick that the evaluation and award process for City contracts shall be free from both actual and perceived impropriety, and that contacts between potential vendors and City officials, elected officials and staff regarding pending awards of City contracts shall be prohibited.

No person, firm, or business entity, however situated or composed, obtaining a copy of or responding to this solicitation, shall initiate or continue any verbal or written communication regarding this solicitation with any

City officer, elected official, employee, or designated City representative, between the date of the issuance of this solicitation and the date of the City’s recommendation to the City Council for award of the subject contract, except as may otherwise be specifically authorized and permitted by the terms and conditions of this solicitation.

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

Manager of Procurement.

Any violation of this prohibition of the initiation or continuation of verbal or written communications with City officers, elected officials, employees, or designated City representatives shall result in a written finding by the

Manager of Procurement that the Response of the person, firm, or entity in violation is “non-responsive,” and same shall not be considered for award.

1.12. SUBMITTAL REQUIREMENTS

Title: William R. Diggs Swimming Pool House Wall Repair - CIP# 410042 (Small Business Reserve Program)

The original Solicitation conditions and specifications cannot be changed or altered in any way. Altered bids will not be considered. Clarification of Responses submitted shall be in letter form, signed by Vendors and attached to the Response.

The Vendor shall agree to furnish all goods/services specified in this Solicitation at the prices or rates quoted on their submitted Response. The Vendor shall agree that their submitted Response will remain fixed and firm for a period of up to one hundred and twenty (120) days from the response due date, in order to allow the

City adequate time to evaluate the Responses. Furthermore, the Vendor shall agree to abide by all conditions of the Solicitation.

1.13. BID SURETYS, PERFORMANCE SURETYS, CERTIFICATES OF INSURANCE

For procurement and related contracting purposes, only securities in the form of bonds will be accepted.

If a Bid Bond is required, it shall be submitted with the Response in the amount specified in Special

Conditions. After acceptance of the Response, if required, the City will notify the successful Vendor to submit a Performance Surety, Labor and Materialmen’s Bond, and Certificate of Insurance. Upon final completion and acceptance, a two-year Maintenance Bond may be required.

1.14. POLICY ON ACCEPTANCE OF SECURITY

A. Applicability.

This policy governs the acceptance by The City of Frederick (“City”) of security for:

1. the construction of public improvements; and

2. contract work awarded by the City.

B. Amount.

The amount of the security must be approved by the Director of Public Works.

C. Types of security accepted.

The City will accept only:

1. cash.

2. certified check.

3. cashier’s check.

4. letter of credit meeting the requirements of section (D) below.

5. bond meeting the requirements of section (E) below.

D. Letters of credit.

1. A letter of credit must be issued by a financial institution and available for demand at a Maryland location.

Title: William R. Diggs Swimming Pool House Wall Repair - CIP# 410042 (Small Business Reserve Program)

2. The beneficiary must be:

The City of Frederick c/o Building Department

140 West Patrick Street

Frederick, MD 21701

3. A letter of credit must contain the following language:

It is a condition of this letter of credit that it shall be deemed automatically extended without amendment for one year from the present or any future expiration date of this letter of credit unless at least 45 days prior to such expiration date we notify the beneficiary by certified mail that we elect not to consider this letter of credit renewed for such additional period.

E. Bonds.

1. A bond must be submitted on the City’s current bond form.

2. All bonding entities must provide a letter of good standing or a certificate of authority from the

Maryland Insurance Administration.

3. Bonding entities that are not Maryland entities, and any co-sureties, must:

a. provide the name and address of a Maryland registered agent; and

b. consent to jurisdiction in the Circuit Court for Frederick County, Maryland in the event of litigation.

4. Should a bonding entity fail to meet any of the requirements of this policy at any time the bond is in effect, within 30 days after receipt of a written notice from the City, the principal shall provide a substitute bond from an entity that does meet these requirements.

F. Interest.

Cash, certified checks, and cashier’s checks accepted as security will be held by the City in an interest-bearing account. Interest earned will be retained by the City.

G. Exceptions.

Exceptions to this policy may be granted only by the City Council.

1.15. DEMONSTRATION OF COMPETENCY

Pre-award inspection of Vendor’s facility may be made prior to the award of a contract. Responses will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Solicitation. Vendors must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms “equipment and organization” as used herein shall be construed to mean a fully equipped

Title: William R. Diggs Swimming Pool House Wall Repair - CIP# 410042 (Small Business Reserve Program) and well-established company in line with the best business practices in the industry and as determined by

The City of Frederick.

The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Vendor, including past performance (experience) with the City in making the award in the best interest of the City. The City may require Vendors to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source. In these instances, the

City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the product to be supplied to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the

Vendor’s submission may render their Response non-responsive.

The City may, during the period that the Contract between the City and the Contractor is in force, review the

Contractor’s record of performance to ensure that the Contractor is continuing to provide sufficient financial support, equipment, and organization as prescribed in this solicitation.

Irrespective of the Vendor’s performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful Vendor no longer possesses the financial support, equipment, and organization which would have been necessary during the Response evaluation period in order to comply with this demonstration of competency section.

1.16. LOCAL PREFERENCE POLICY

This Solicitation is subject to the policy and procedures of the Local Preference Policy listed in The City of

Frederick Purchasing Policies, available at: https://cityoffrederickmd.gov/DocumentCenter/View/5561/21-17-

Revised-Purchasing-Policies-and-Procedures?bidId=.

A. Preferences

1. In general, subject to the exemptions set forth below, in evaluating any competitive solicitation in accordance with these Purchasing Policies and Procedures, the City will grant a preference in relation to the proposed quoted cost or bid amount as further described herein. The preference is only used for computational purposes to determine the winning bid or proposal and has no bearing on the actual purchase price or cost to the City.

2. City Businesses - The preference given to City Businesses is 10 percent of the lowest quote or responsible bid, not to exceed $100,000.

B. The City will not grant any preference in connection with any of the following:

1. A purchase for which a local preference is prohibited by State or Federal law.

2. A purchase funded, in whole or in part, by a Federal or State grant, if the preference would conflict with any condition attached to the grant.

https://cityoffrederickmd.gov/DocumentCenter/View/5561/21-17-Revised-Purchasing-Policies-and-Procedures?bidId= https://cityoffrederickmd.gov/DocumentCenter/View/5561/21-17-Revised-Purchasing-Policies-and-Procedures?bidId=

Title: William R. Diggs Swimming Pool House Wall Repair - CIP# 410042 (Small Business Reserve Program)

3. A purchase funded, in whole or in part, by a donation or gift to the City, if the preference would conflict with any special condition attached to the donation or gift.

4. In emergency purchase, as set forth in Section V (P) of these Purchasing Policies and Procedures.

5. The transfer or disposition of any surplus, obsolete, or waste article pursuant to Section VII (D) of these Purchasing Policies and Procedures.

6. The transfer or disposition of any real property owned by the City.

This “Local Preference” policy supersedes any other provision within the Purchasing Policies to the extent of any inconsistency.

1.17. SMALL BUSINESS RESERVE PROGRAM

This Solicitation is subject to the policy and procedures of the Small Business Reserve Program listed in The

City of Frederick Purchasing Policies, available at:

https://cityoffrederickmd.gov/DocumentCenter/View/5561/21-17-Revised-Purchasing-Policies-and-

Procedures?bidId=.

Procurement in professional services or other services valued more than $10,000 are available for bid and award only to certified Small Business Enterprises (“SBEs”). Procurement contracts for vehicle, industrial equipment and machinery, chemical, or software purchases are exempt from the Small Business Reserve program if it is determined by the Manager of Equity and Inclusion, in consultation with the Manager of

Procurement and the Chief Financial Officer, to (a) be in the best interest of the City and (b) the results of our due diligence process will not lead to available or responsive SBEs.

The Manager of Equity and Inclusion or the Manager of Procurement, in consultation with the Chief Financial

Officer, may designate additional procurement contracts otherwise reserved for SBEs to be exempt from this program. The exemption decision for a particular contract is discretionary on the part of the Manager of

Equity and Inclusion or the Manager of Procurement and should be applied only where there is not a reasonable expectation that there will be at least three (3) responsible and responsive Responses by certified

SBEs or that the award will be made at a fair market price/value. Exemption may also be applied when the use of an SBE for a procurement contract would create an undue fiscal burden on the city and is necessary to maintain the health and safety of residents in a timely fashion.

The intention of this Small Business Reserve policy is to increase opportunities for SBEs to perform as prime contractors on City projects/contracts, growing capacity and gaining valuable experience. Accordingly, to obtain a small business reserve program contract, the bidding SBE must self-perform a significant percentage of the contracted work (a minimum of 50 percent), limiting its ability to subcontract the work.

Certification and Applicable Size Standards

A. Certification: In order to qualify as an SBE, a business must submit:

https://cityoffrederickmd.gov/DocumentCenter/View/5561/21-17-Revised-Purchasing-Policies-and-Procedures?bidId= https://cityoffrederickmd.gov/DocumentCenter/View/5561/21-17-Revised-Purchasing-Policies-and-Procedures?bidId=

Title: William R. Diggs Swimming Pool House Wall Repair - CIP# 410042 (Small Business Reserve Program)

1. a letter or other documentation from the United States Small Business Administration that establishes that the firm qualifies as an 8(a) firm or HUBZone firm with the United States Small

Business Administration, or

2. a letter or other documentation from the State of Maryland or United States Department of

Transportation that establishes that the firm qualifies as a Disadvantaged Business Enterprise

(DBE); or

3. evidence on a form prescribed the Purchasing Department and Office of Equity and Inclusion affirming under penalty of perjury that the business qualifies as an SBE as defined by the SBA.

The Purchasing Department has the right to audit the certification of any business providing a certification under the above subsection in order to determine whether the business meets the criteria of a small business enterprise established by the SBA. If the Purchasing Department determines that a business submitted a false certification of its SBE status, it may decertify the business by sending a notice of decertification.

B. Threshold Size and Graduation Standards: The annual sales receipts and the number of employees of the business enterprise, combined with all affiliates, cannot exceed the size standards set forth below.

1. SBE Size Eligibility: No applicant business enterprise shall be certified as an SBE for the purpose of eligibility for this program and following certification of an SBE no certification shall be renewed, if on the effective date of the application or renewal the applicant business enterprise or SBE has achieved a size standard that exceeds the applicable size standards established by the Small

Business Administration at 13 CFR § 121.201 et. seq. for the SBE’s Primary Business, as amended, or successor regulation or classification system by either:

a. Annual receipts averaged over the three (3) preceding fiscal years;

b. Size standard based on number of employees;

c. Or other criteria, which the Manager of Procurement may establish from time to time.

2. Certification Based on NAICS Size Standards (“SBA Size Regulations”): The annual receipts and number of employees of an applicant business enterprise shall be determined in accordance with the definitions and methodology established by the Small Business Administration at 13 CFR

121.201 et. seq. as amended, or successor regulation or classification system, all of which are incorporated into this program by reference.

SBE Graduation from NAICS Size Standard: If an SBE (together with any affiliate(s)) has exceeded the graduation criteria in the NAICS major group that matches the SBE’s Primary Business, the SBE shall be deemed to be graduated from SBE Certification, and thus, from this Program. In such event, the SBE and its affiliate(s) shall no longer be considered eligible to participate.

1.18. M/WBE POLICY

Title: William R. Diggs Swimming Pool House Wall Repair - CIP# 410042 (Small Business Reserve Program)

This Solicitation is subject to the policy and procedures of the M/WBE Policy listed in The City of Frederick

Purchasing Policies, available at: https://cityoffrederickmd.gov/DocumentCenter/View/5561/21-17-Revised-

Purchasing-Policies-and-Procedures?bidId=.

The City of Frederick recognizes the importance and responsibility of awarding contracts to those businesses socially and/or economically disadvantaged and it is the policy of the City to utilize Minority and Women

Owned Business Enterprises in all aspects of contracting.

The City of Frederick strongly encourages utilization of MWBEs in all aspects of City contacting and public private partnership agreements, requires Vendors to operate in good faith in seeking to subcontract a portion of prime contracts to MWBE small businesses, and sets Annual Aspirational Goals for MWBE participation.

Accordingly, all proposers must agree to seek meaningful subcontractor opportunities with MWBE firms and to provide the City with a completed MWBE Participation Form with its Response.

An additional 2% subcontract goal for Service-Disabled Veteran Owned Businesses (SDVOSB) will be applied on a contract-by contract basis provided that there are subcontracting opportunities available for the contract;

and there are at least three SDVOSBs that are available and capable to perform a commercially useful function for the subcontracting opportunities on the contract.

At the City’s request, proposers must furnish evidence of inclusion efforts/achievement such as copies of agreements with MWBE subcontractors, either before contract execution or during contract performance. The winning proposer must request written approval from the Procurement Department for any changes to the inclusion plan once it is agreed upon. This includes changes to goals, subcontractor awards, and outreach efforts.

1.19. DUE DATE EXTENSION

The City reserves the right to extend the Response due date when no responses or only one (1) response is received.

1.20. LATE SUBMITTALS

All Responses must be received by 3:00 pm on Friday, September 25, 2026. The Response time must be and shall be scrupulously observed.

1.21. COMPLETENESS

All information required by the Solicitation must be supplied to constitute a regular, complete Response.

1.22. TIE BIDS

In accordance with Maryland COMAR 21.05.02.14 tie bids are responsive responses from responsive Vendors that are identical in price, terms, and conditions and which meet all the requirements and evaluation criteria set forth in the Solicitation. In the event of tie bids, the City will use said COMAR regulation to determine the award of the Contract.

1.23. AVAILABILITY OF FUNDS

https://cityoffrederickmd.gov/DocumentCenter/View/5561/21-17-Revised-Purchasing-Policies-and-Procedures?bidId= https://cityoffrederickmd.gov/DocumentCenter/View/5561/21-17-Revised-Purchasing-Policies-and-Procedures?bidId=

Title: William R. Diggs Swimming Pool House Wall Repair - CIP# 410042 (Small Business Reserve Program)

Unless canceled or rejected, the responsive response from the Vendor determined to best meet the City’s needs in accordance with the evaluation criteria stated in the Solicitation shall be accepted as submitted, except that if the cost of the recommended award exceeds available funds, in which case the designated official may negotiate with the apparent recommended Vendor to obtain a contract within available funds. Such negotiated adjustment shall be based upon eliminating, in order, independent deductive items specified in the Solicitation, reduction in unit price or reduction in Scope of Work.

1.24. AWARD

In the best interest of The City of Frederick, the City reserves the right to reject all Responses or any portion of any Response they deem necessary for the best interest of the City, or to waive formalities, informalities, and technicalities, therein. The City reserves the right to contact a Vendor for clarification and may, at its sole discretion, allow a Vendor to correct any and all formalities, informalities and technicalities in the best interest of the City, to accept any item or group of items unless qualified by the Vendor, to acquire additional quantities at prices quoted on the Response unless additional quantities are not acceptable, in which case the

Response must be noted “Bid is for Specified Quantity Only.” All awards made as a result of this Solicitation shall conform to applicable Maryland Statutes.

In the event that the City receives a single Response to a solicitation, the City reserves the right to turn the single Response into a negotiated procurement. The City also reserves the right to enter into negotiations for a best and final offer from the apparent recommended Vendor if it is deemed in the best interest of the City to do so.

Award will be made to the responsible and responsive Vendor whose Response is determined to provide the best value to the City in accordance with the evaluation criteria stated in the Solicitation.

For the purposes of this Solicitation, Responsiveness means that the Vendor’s Response complies with all the material requirements of the Solicitation.

Responsibility refers to the Vendor’s capability and integrity to perform successfully under the terms of the proposed contract. Briefly, a responsible Vendor has adequate financial resources or the ability to obtain said resources; can comply with required delivery considering other business commitments; has a satisfactory performance record; has a satisfactory record of integrity and business ethics; and has the necessary organization, experience, and technical skills.

While the City may determine to award a contract to a Vendor under this solicitation, said award may be conditional on the subsequent submission of other documents as specified in the Special Conditions.

The City may, at its sole option, seek monetary restitution from the Vendor as a result of damages or excess costs sustained and/or may prohibit the Vendor from submitting future Responses for a period of one year.

The City reserves the right to refuse to accept any Response from any person, firm or corporation that is in arrears or is in default to the City or has failed to perform faithfully any previous contract with the City.

Prior to making an Award, the City may evaluate a Vendor’s qualifications and capability to perform the work based on documents submitted with the Response.

Title: William R. Diggs Swimming Pool House Wall Repair - CIP# 410042 (Small Business Reserve Program)

If the City determines that the information submitted with the Response is not sufficient to decide as to whether a Vendor is Responsible, additional information relating to the Vendor’s financial status or technical abilities may be requested by the City to evaluate whether a Vendor may be considered a Responsible Bidder.

In this case, the Vendor shall present such requested information within five (5) working days from the request in order to remain a Responsive Vendor.

Any alterations to the Solicitation or Response document made by the Vendor may be grounds for rejection of the Response, cancellation of any subsequent award, or any other legal remedies available to The City of

Frederick.

1.25. CONTRACT PROCEDURE

The scope of work will be finalized as part of a final agreement. Once the Agreement is approved, the City will issue a notice to proceed and will provide the Vendor with access to any additional records, plans, information, files, etc. which relate to the scope of work. No change from the agreed upon scope of work will occur without written authorization from the assigned City of Frederick Project Manager.

1.26. PROTEST

A Protestor can be any actual or prospective Bidder, Offeror, or Contractor who is aggrieved in connection with the solicitation or the award of a contract and who files the protest. Protestors may protest to the award of a contract for supplies, services, or construction. The protest shall be in writing and addressed to the

Manager of Procurement. Protest based upon alleged improprieties in any type of solicitation which are apparent before the due date and time shall be filed before the due date and time. In all cases, protests shall be filed not later than seven (7) days after the basis for the protest is known or should have been known, whichever is earlier.

The term “filed” means receipt by the Purchasing Department. Any protest filed after the time limit prescribed above shall not be considered.

The written protest shall include as a minimum the following:

A. The name and address of the protestor.

B. Appropriate identification of the procurement.

C. A statement of reasons for the protest.

D. Supporting exhibits, evidence, or documents to substantiate any claims unless not available within the filing time in which case the expected availability date shall be indicated.

The Manager of Procurement shall submit a copy of the protest to the City Attorney upon receipt.

Any additional information requested of the Protestor by the Manager of Procurement shall be submitted within five (5) days after receipt of that request in order to expedite consideration of the protest. Failure to comply with a request for information by the Manager of Procurement may result in a resolution of the protest without consideration of any information, which is untimely filed pursuant to such request.

Title: William R. Diggs Swimming Pool House Wall Repair - CIP# 410042 (Small Business Reserve Program)

Upon written request, the Manager of Procurement shall make available to any interested party information submitted that bears on the substance of the protest except when information is proprietary or otherwise permitted or required to be withheld by law or regulation.

A decision on a protest shall be made by the Manager of Procurement in writing as expeditiously as possible after receiving all relevant information. Before issuance, the decision of the Manager of Procurement shall be reviewed by the City Attorney.

Should the department head of the City agency originating the solicitation, or the Protestor disapprove of the

Manager of Procurement’s decision, they may appeal the decision to the City Council within seven (7) days after receipt of the decision. All information used to support the protest and the decision of the Manager of

Procurement shall be made available to the Mayor and City Council.

A written decision on the protest shall be made expeditiously by the City and deemed the final action on the protest.

1.27. INDEMNIFICATION

Vendor shall indemnify, protect, defend, and hold harmless the City, the City's representatives, and their respective officers, directors, elected and appointed officers, officials, partners, employees, and agents (“City

Indemnitees”) from and against all liability, claims, demands, damages, losses, liens, causes of action, suits, judgments, fines, penalties, costs and expenses (including, without limitation, reasonable attorney fees and costs of defense ), of any nature, kind, or description claimed, asserted, or prosecuted by any person or entity whomsoever, to the extent caused by:

A. the negligent, acts, errors, or omissions, by Vendor, its agents, partners, employees and sub-consultants, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, or

B. the material breach of this Contract, except to the extent that any claims or damages are caused by the negligence, willful misconduct or material breach of this Contract by the City Indemnitees.

This indemnity obligation shall survive the termination or expiration of this Contract but shall not otherwise extend any applicable statute of limitations or statute of repose. This indemnity obligation shall be in addition to, and not in lieu of, any and all other liability which the Vendor has or may have to any party indemnified hereunder or to third parties as a matter of law. Vendor's obligations hereunder shall not be limited by any insurance coverage required by this Contract.

1.28. LEGAL REQUIREMENTS

Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Vendor will in no way be cause for relief from responsibility.

1.29. LAWS, PERMITS AND REGULATIONS

Title: William R. Diggs Swimming Pool House Wall Repair - CIP# 410042 (Small Business Reserve Program)

The Vendor shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein.

1.30. GOVERNING LAW AND VENUE

The laws of the State of Maryland shall govern the validity and effect of this Contract. The parties agree that any action, arising out of this Contract, shall take place in Frederick County, Maryland.

In the event of a dispute between the parties of this contract involving $10,000.00 or less, regarding the terms of Contract or the performance under the Contract, the issue involved in the dispute shall be subject to a determination by the Chief Financial Officer, or in their absence, such other official as designated by The City of Frederick. The decision shall be final and binding on the parties in dispute, and conclusive of the issue.

Notice of a request for the determination shall be sent in writing to the other party. Unless otherwise agreed, the Contractor shall continue to carry out work and maintain progress during any dispute proceeding, and The

City of Frederick shall continue to make payments to the Contractor in accordance with the Contract documents.

1.31. PATENTS AND ROYALTIES

The Vendor, without exception, shall indemnify and save harmless The City of Frederick and its employees from liability of any nature or kind, including cost and expense for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the

Contract, including its use by The City of Frederick.

If the Vendor uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.

1.32. INSPECTION, ACCEPTANCE AND TITLE

Inspection and acceptance will be destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the successful Vendor until acceptance by the City unless loss or damage results from negligence by the City. If the materials or services supplied to the City are found to be defective or to not conform to specifications, the City reserves the right to cancel the order upon written notice and return the product at the Contractor’s expense.

1.33. ASSIGNMENT

The Vendor shall not assign, transfer, convey, sublet, or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of The City of Frederick.

1.34. SUBSTITUTIONS

Title: William R. Diggs Swimming Pool House Wall Repair - CIP# 410042 (Small Business Reserve Program)

The City of Frederick will not accept substitute shipments of any kind. The Vendor is expected to furnish the brand quoted in their Response once awarded. Any substitute shipments will be returned at the Vendor’s expense.

1.35. BILLING INSTRUCTIONS

Invoices, unless otherwise indicated, must show the Purchase Order number, and be submitted to:

The City of Frederick

Accounts Payable

111 Airport Drive East

Frederick, Maryland 21701 or by email to invoices@cityoffrederickmd.gov (preferred).

1.36. TAXES

The Vendor shall pay all taxes, levies, duties, and assessments of any nature which may be applicable to any work under this Contract. The Contract amount and any approved change order amounts shall include all taxes imposed by law. The Vendor shall make any and all payroll deductions required by law. The Vendor herein indemnifies and holds the City harmless from any liability regarding any and all such taxes, levies, duties, assessments, and deductions.

The price quoted to supply labor and/or materials to The City of Frederick shall include all costs necessary for the complete performance of the work in full conformity with the conditions of the Solicitation and shall include all licenses and permit fees and all applicable Federal, State, County, Municipal, or other taxes due by the Contractor.

The Vendor is responsible for, and by submitting a Response agrees to pay, all retail sales, income, real estate, sales and use, transportation, and special taxes applicable to and assessable against any materials, equipment, processes, and operation incident to or involving in the construction.

The Contractor is responsible for ascertaining and acquainting themselves with such taxes and making all necessary arrangements to pay same.

1.37. SAFETY AND HEALTH REQUIREMENTS

The Vendor warrants that the product supplied to The City of Frederick shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the contractor responsible for same.

Vendor agrees to comply with all Federal and State regulations pertaining to employee safety and health

(MOSHA, OSHA, DOT, etc.). The City of Frederick reserves the right to review the Vendor’s Safety and Health

Program on request and during the duration of the contract shall conduct periodic monitoring of the Vendor’s safety performance (e.g., wearing of appropriate personal protective equipment, etc.). If a safety concern of mailto:invoices@cityoffrederickmd.gov

Title: William R. Diggs Swimming Pool House Wall Repair - CIP# 410042 (Small Business Reserve Program) imminent danger is noted the City shall reserve the right to stop all work immediately until the safety concern is adequately addressed.

1.38. PROPERTY

Property owned by The City of Frederick is the responsibility of The City of Frederick. Such property furnished to a Vendor for repair, modification, study, etc., shall remain the property of The City of Frederick. Damages to such property occurring while in the possession of the Vendor shall be the responsibility of the Vendor.

Damages occurring to such property while in route to The City of Frederick shall be the responsibility of the

Vendor. In the event such property is destroyed or declared a total loss, the Vendor shall be responsible for replacement value of the property at the current market value, less depreciation of the property if any.

1.39. SMOKING POLICY

The City is committed to protecting its employees and visitors from exposure to the harmful effects of secondhand smoke. The smoking of any tobacco product is prohibited in any indoor City of Frederick facility, in any City-owned vehicle, in any private vehicle when the employee uses it in the course of employment and more than one employee occupies the vehicle, and within a 25-foot perimeter of any entrance or exit to all facilities within which City employees have permanent offices. "Smoking" means igniting, inhaling, exhaling, burning, vaping, operating, or carrying any lighted cigar, cigarette, pipe, hookah, electronic smoking device, tobacco product, or any other combustible substance including marijuana.

1.40. LIABILITY, INSURANCE, LICENSES AND PERMITS

When Vendors are required to enter or go onto City of Frederick property to deliver materials or perform work or service as a result of a proposal award, the Vendor will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable

Frederick County and City of Frederick building requirements and State of Maryland Building Code.

The Vendor, Contractor, and any subcontractors must be licensed to do business in the State of Maryland. The

Vendor shall be liable for any damages of loss to the City occasioned by negligence of the Vendor (or agent) or any person the Vendor has designated in the completion of the contract as a result of their Response.

1.41. DEFAULT

In the event of default on a contract, the Vendor shall pay all attorneys’ fees and court costs incurred in collecting any liquidated damages.

1.42. CANCELLATION

In the event any of the provisions of the Solicitation are violated by the Vendor, the Manager of Procurement shall give written notice to the Vendor stating the deficiencies and unless deficiencies are corrected within ten

(10) days, the contract will be subject to immediate cancellation.

1.43. TERMINATION FOR DEFAULT

If the Vendor defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City may terminate this Contract, in whole or in part, upon written notice

Title: William R. Diggs Swimming Pool House Wall Repair - CIP# 410042 (Small Business Reserve Program) without penalty to The City of Frederick. In such event the Vendor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, it is determined for any reason that the Vendor was not in default or the Vendor’s failure to perform is without their or their subcontractor’s control, fault or negligence, the termination will be deemed to be a termination for the convenience of The City of Frederick.

1.44. TERMINATION FOR CONVENIENCE

The City may terminate the Contract, in whole or in part, upon 30 days prior written notice when it is in the best interest of The City of Frederick. If this Contract is for supplies, products, equipment, or software, and so terminated for convenience by The City of Frederick, the Vendor will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, The City of

Frederick shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination.

1.45. INTERGOVERNMENTAL PURCHASING

Extension of Contract: Vendors are advised that the resultant contract(s) may be extended, with the authorization of the Vendor, to other public bodies, or public agencies or institutions of the United States to permit their use of the contract at the same prices and/or discounts and terms and conditions of the resulting contract. If any other public body decides to use the final contract, the Vendor(s) must deal directly with that public body concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. The City of Frederick acts only as the "Contracting Agent" for these public bodies. Failure to extend a contract to any public body will have no effect on consideration of your Response.

It is the awarded Vendor’s responsibility to notify the jurisdictions and political subdivision of the availability of the contract(s).

Other public bodies desiring to use this contract will need to make their own legal determinations as to whether the use of this contract is consistent with their laws, regulations, and other policies.

Each public body has the option of executing a separate contract with the Vendor(s). Public bodies may add terms and conditions required by statute, ordinances, and regulations, to the extent that they do not conflict with the contract’s terms and conditions. If, when preparing such a contract, the general terms and conditions of a public body are unacceptable to the Vendor, the Vendor may withdraw its extension of the award to that public body.

The City of Frederick shall not be held liable for any costs or damages incurred by another public body as a result of any award extended to that public body by the Vendor. The City assumes no obligation on behalf of other entities named, or included by reference, to this contract. The City will not administer any other entity contracts.

2. SPECIAL CONDITIONS

2.1. Reporting Requirements

Title: William R. Diggs Swimming Pool House Wall Repair - CIP# 410042 (Small Business Reserve Program)

As outlined in the Scope of Work, to include but not limited to meeting with City staff for regularly scheduled non-public meetings to provide updates on project progress and to coordinate needs.

2.2. Pre-Proposal Meeting

A pre-proposal meeting will be held on Thursday, September 10, 2026, at 10:00 am EST on Diggs Pool - 121 W

All Saints Street Frederick, MD 21701.

Prior to submitting the proposal, the proposer is encouraged to visit the site of the proposed work and to become familiar with any conditions, which may in any manner, affect the work to be done or affect the equipment, materials, and labor required. The proposers shall determine and verify for themselves the nature and extent of the work and any special difficulties to be encountered during work. The proposer is also required to carefully examine the specifications and be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. It is further understood and agreed that each proposer is solely responsible for all assumptions, deductions, or conclusions which they make or obtain from their examination of the site and their examination of information made available by the

City. No additional allowances will be made because of lack of knowledge of these conditions.

It shall be a requirement of this Request for Proposal that whomever the proposer assigns to attend the site visit must be qualified and properly trained or certified in accordance with applicable state and federal regulations and shall comply with all state and federal safety regulations. The burden of responsibility shall be placed with the proposer for the safety of all those representing their firm/company.

Attendees acknowledge and agree that only the Request for Proposal and any addenda issued may be relied upon by proposers.