842277sidewGburg.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

B&O Train Station

Boardwalk Replacement

RFP2027-003

Solicitation Issued:

Time: 5:00 PM

August 24, 2026

September 23, 2026

2027-003@gaithersburgmd.gov

2027-003@gaithersburgmd.gov

Version 022022

TABLE OF CONTENTS

1. Definitions

2. INTRODUCTION AND SCOPE OF WORK

2.1. Introduction

2.2. Background

2.3. Scope of Work

2.4. Minimum Qualifications of Offerors

2.5. Contract Period

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. Allowances

8.5. Schedule Of Values

8.6. Liquidated Damages

8.7. Progress Meeting

8.8. Substantial Completion

8.9. Behavior Of Contractor’s Employees, Agents And Subcontractors

8.10. Work Hours:

8.11. Change Orders

9. ATTACHMENTS AND EXHIBITS

Request for Proposal 2027-003 B&O Train Station Boardwalk Replacement 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

B&O Train Station Boardwalk Replacement Page 2

2. INTRODUCTION AND SCOPE OF WORK

2.1. Introduction

A. The City of Gaithersburg (“City”) is seeking an experienced and qualified Contractor to provide construction services to replace approximately 1,020 sq. ft. of pressure-treated wooden boardwalk in front of the B&O Train Station, located at 5 South Summit Avenue, Gaithersburg, MD 20877.

B. The funding for this project will be through the Community Development Block Grant Program (CDBG) from the U.S. Department of Housing and Urban Development (HUD). Any contract resulting from this solicitation (“RFP”) shall be subject to additional reporting as necessary to fulfill grant fund requirements.

C. The Contractor and any subcontractors must pay the Federal Davis Bacon wage rates for this Construction project under General Decision Number: MD20260120 dated 06/04/2026.

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

B. The existing boardwalk deck is constructed over a shallow stormwater concrete channel, and surface decking supported by underling wooden framework of joists attached to 6” x 6” wooden posts on the track side and attached to brick building on other side to cover stormwater channel. Guardrails are installed with wooden posts attached to concrete piers. The boardwalk is approximately 15+ years old and deck boards show signs dry rot, wear and damages. Therefore, the deck boards and two damaged railing posts need to be replaced. Refer Exhibit A for drawing for additional as constructed details.

2.3. Scope of Work

The Contractor shall provide all labor, materials, equipment, services, and coordination necessary to replace wooden deck boards, two railing posts and associated work highlighted in this solicitation.

A. Code Compliance:

All work under the Contract shall be performed in accordance and comply with the international Building Code (IBC), NFPA and other applicable City codes.

B. Permitting & Inspection:

Contractor is responsible for securing all necessary permits and coordinating required inspections, and the permits fee for City issued permits will be waived for this project.

C. Removal, disposal, inspections and general work scope:

i. Remove and dispose of existing deck boards in front of the train station, in area of replacement shown in the attached drawing (Exhibit A).

ii. Inspect support joists and hangers for structural integrity. Coordinate with City Project Manager to replace damaged joists and hangers on as needed basis.

iii. Replace two railing posts towards track side, as identified in the attached drawing, with new posts to match existing dimensions and profile; reinstall the railing as needed.

iv. Install new deck boards matching the existing boards and edge pattern. Any deck boards up to 16 feet long must be installed as single boards to minimize butt joints in the walkway.

v. Apply penetrating sealer.

D. Work Coordination:

i. The work will be performed at the train station, which is actively used by commuters. A portion of the boardwalk is also used to access a coffee shop located inside the station, as well as the nearby museum.

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

B&O Train Station Boardwalk Replacement Page 3

ii. Replacement work shall be planned and executed in phases to minimize disruptions to boardwalk users; advance notifications must be posted, and safety barriers must be installed to isolate work areas. Public safety is the highest priority while coordinating this project.

iii. Upon receiving the Notice of Intent to Award, the Contractor is required to collaborate with the City Project Manager to develop an acceptable project staging and construction sequence plan.

E. Material:

As part of the submittals, the Contractor is required to provide material certification to confirm following requirements are met. Contractor is also responsible for inspecting delivered materials compliance by providing onsite material inspection reports, photos, etc. as part of the quality control process. Any wood that doesn’t meet no. 1 Grade or higher will be rejected by the City.

i. Pressure treated wood:

a) Southern Yellow Pine (SYP) or Douglas Fir, KDT. Kiln Dried After Treatment lumber.

b) Pressure treated wood shall be No. 1 grade or better, specify type of wood grade proposed in the price proposal.

c) Category- American Wood Protection Association (AWPA), ground contact UC4A or UC4B for deck boards and UC4B for posts and structural members such as joists.

d) Kiln-Dried, KDAT, pressure treated wood with moisture content of 19% or less shall be used.

e) Any field cuts or drilled holes must be brushed with a copper-naphthenate-based wood preservative to restore protection.

f) A chamfer cut deck board top edge 45-degree bevel on the top edge or end grain to match existing to prevent splintering, improve water runoff, and create clean, professional-looking butt joints or perimeter

g) Southern Yellow Pine or Douglas Fir, bark-side up orientation shall be strictly followed to reduce the risk of latewood/earlywood "shelling" and subsequent splinter hazards over time.

h) Pre-Installation Sorting: The Contractor shall uncrate and distribute decking across the project footprint to blend grain variations, color variations, and natural characteristics uniformly, avoiding localized clustering of dark or highly figured grain patterns.

ii. Fasteners:

a) Use #8 or #9 gauge coated or stainless deck screws, Stainless Steel (Grades 304 & 316) or Hot-

Dipped Galvanized (HDG). Don’t mix both to prevent galvanic corrosion. Offeror to specify type of fasteners included in the price proposal. Larger low-profile washer head or flange head are preferred.

b) Ensure screws penetrate supporting joists by at least 1.5 inches, pre-drill ends to prevent splitting, and drive fasteners flush or slightly dimpled without over-driving. Place fasteners at least 1 inch from board edges, drive screws in slight angle to penetrate joist fully and secure properly. Use two for 4 inch wide boards and three for 6 inch wide boards.

c) When anchoring a heavy ledger board, use structural wood screws or 1/2-inch lag bolts placed in a zig-zag pattern.

d) For joist hangers and framing connections, use structural connector screws (like Simpson Strong-Tie SD screws), stainless steel code-approved structural hardware.

iii. Joist Hangers:

a) Heavy Duty 12 gauge, ZMAX / Hot-Dip Galvanized (HDG), Hanger Screws: specially engineered structural screws (such as #9 or #10 Strong-Drive SD screws).

b) Contractor shall assume 20 joint hanger replacements in the base work scope; any additional joist hanger replacement shall be negotiated on as- needed basis using unit process under allowances.

iv. Sealer:

Penetrating Oil-Based Sealers: Formulas like Total Wood Preservative (TWP) or Penofin (Penetrating Oil Finish) soak deep into wood fibers. The product must be low-VOC compliant, and the Contractor shall follow the manufacturer's recommendations for the application process.

https://www.google.com/search?ibp=oshop&prds=pvt:hg,pvo:48,imageDocid:9877846326143456867,gpcid:10155286645712587602,headlineOfferDocid:9567154184067663699,catalogid:12735520297164370814,productDocid:4679955090300712575,rds:PC_4265282345974127941%7CPROD_PC_4265282345974127941&q=product&sa=X&ved=2ahUKEwjbp-2nw5aWAxWgMVkFHbbOIqIQxa4PegoIAAgACAEIBxAF https://www.google.com/search?ibp=oshop&prds=pvt:hg,pvo:48,imageDocid:9877846326143456867,gpcid:10155286645712587602,headlineOfferDocid:9567154184067663699,catalogid:12735520297164370814,productDocid:4679955090300712575,rds:PC_4265282345974127941%7CPROD_PC_4265282345974127941&q=product&sa=X&ved=2ahUKEwjbp-2nw5aWAxWgMVkFHbbOIqIQxa4PegoIAAgACAEIBxAF https://www.google.com/search?ibp=oshop&prds=pvt:hg,pvo:48,mid:576462788269356873,imageDocid:15520173981381543619,gpcid:3059368607502126357,headlineOfferDocid:6792853662669888379,catalogid:3783917654135541561,productDocid:7081425519451913027&q=product&sa=X&ved=2ahUKEwjVteCFxJaWAxXOF2IAHd7FB_sQxa4PegoIAAgACAAIFxAJ

B&O Train Station Boardwalk Replacement Page 4

v. Site Utilization:

a) The Contractor shall manage the construction site with public safety as a priority. Do not accumulate excessive construction debris on-site. As work progresses, the Contractor must store debris in a contractor rented disposal dumpster or remove it daily.

b) Contractor staff must inspect public pathways for loose screws, nails, and sharp metals, and remove them immediately. Site safety and security are the Contractor's responsibilities.

c) New construction materials must not block public access pathways. Upon receiving a Notice of Intent to Award (NOIA), the Contractor is required to work with the City Project Manager to develop a site utilization and safety plan.

Note: all hardware used for this replacement project shall be compatible with type of pressure treated wood and shall comply with best practices and applicable codes and standards.

F. Warranty:

The work completed under the contract shall be warrantied for one (1) year, which shall include all associated costs of warranty repairs.

2.4. Minimum Qualifications of Offerors

The Offeror is required to meet minimum qualifications noted below to be considered for this project and considered as qualified; interested firms shall have, as a minimum:

A. The Offeror is required to be registered and in good standing to do business in the State of Maryland.

B. The Offeror and subcontractors shall have minimum of five (5) continuous years of experience in building commercial wood decks and boardwalks.

C. The Offeror must have required licenses to perform the work.

D. The Offeror shall have construction experience in coordinating work in public use outdoor spaces.

E. The construction crew assigned to work on this project shall have OSHA 10-hour certification for

Construction and General industry (Provide documentation per section 4.1).

F. The Onsite Superintendent shall have OSHA 30 certification. The assigned superintendent must be onsite actively managing construction activities and responsible for quality control, site safety, daily reports, etc.

G. The Offeror shall be the prime contractor and able to perform a minimum of 60% of the work noted in this solicitation using their own staff.

2.5. Contract Period

A. The resultant contract period shall be effective from the date signed by all parties. The Contractor is required to substantially complete the project within 60 Calander days. Any work that may impact use of boardwalk shall not be started until all required materials are delivered and ready to use on site.

B. The Offeror shall submit P&P Bonds, Certificate of Insurance (COI), project’s submittals, work plan, site utilization plan, project schedules, etc., to city project manager for review within ten (10) calendar days from the date of Notice of Intent to Award (NOIA).

C. The Contractor shall apply for required permits within 15 calendar days from the date of NOIA.

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B&O Train Station Boardwalk Replacement Page 5

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 24, 2026 N/A B. Pre-Submission Meeting: September 2, 2026 at 11:00AM C. Offeror Questions Due in Writing: September 11, 2026 by 5:00 PM D. Q&A Addendum Issued: September 18, 2026 by 5:00 PM E. Submission Deadline: September 23, 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.

B&O Train Station 5 South Summit Avenue Gaithersburg, Maryland 20877

3.3. SUBMISSION OF OFFEROR QUESTIONS

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

4. 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 to demonstrate the minimum 10 years of experience, vision, philosophy, etc.

B. Understanding of the Requirements 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. The Offeror shall review City allocated project duration, requirements to minimize impact on facility operations, facility in use requirement and submit a Preliminary Work Plan (PWP) that includes:

a) the phases into which the proposed project can be logically divided and performed mailto:procurement@gaithersburgmd.gov

B&O Train Station Boardwalk Replacement Page 6 and a timeline for executing the plan.

b) Include a preliminary project duration schedule to include, phases, tasks, durations for each task, dependencies, etc. Include projected weather delays. The intent of this work plan is to demonstrate contractor’s understanding of work scope, project completion duration requirement and other logistics.

iii. Offeror should also indicate its intent to use Subcontractors for completion of any portion of this project and complete the Subcontractor sheet in Attachment A.

iv. Submit a preliminary site utilization plan to include, material storage, disposal dumpster location, temporary facilities location. This plan is a preliminary plan, once contract is awarded the Contractor will finalize the plan in coordination with City project manager prior to implementation.

v. Submit a preliminary safety plan (not a final approved plan).

vi. 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, etc.

C. Qualification and Experience – Offerors shall submit detailed evidence of their firm’s and staff’s ability to perform the specified scope of work. Submissions must include resumes of key personnel, highlighting:

i. Firm’s experience, list minimum three (3) similar projects, each project’s work scope, project start and completion dates, contractor’s responsibilities and project cost.

ii. Staff qualification, project-related experience and total tenure with the Offeror.

iii. Staff certifications and other project related training (All certifications and licensing required per section 2.4 for Superintendent, installers and Subcontractors.

iv. Specific, value-added capabilities exceeding the minimum requirements as stipulated in section 2.4

D. Subcontractors’ Qualification and Experience - As part of the proposal, the Offeror must submit detailed evidence of the subcontractor’s ability to perform their assigned work. Required documentation includes the,

i. Subcontractor’s company profile

ii. Experience

iii. Staff qualifications, certifications, licenses, etc.

iv. A record of the Offeror’s previous experience working with subcontractor.

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

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

G. Pricing This Section of the proposal shall include Offeror’s price using City provided Price Proposal Sheet (refer to Attachment B); any additional information pertain to price shall be included as supplemental information in separate sheets as an attachment to price proposal sheet(s). Don’t modify or alter price sheet, unauthorized changes to price sheet may be basis for proposal disqualification.

Based on evaluation, the City reserves the right to request best final offers from top three scored contractors.

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

B&O Train Station Boardwalk Replacement Page 7

a. Addendum and Amendment Acknowledgement

b. Affidavit of Qualification to Bid/Propose

c. Bid/Proposal Submission Certification

d. References

e. List of Subcontractors

f. Conflict of Interest Certification

g. Litigation and Lien Information

h. W-9

i. 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- 003@gaithersburgmd.gov. The Proposal shall be in a portable file document (PDF) file consisting of:

i. Technical proposal (Section 4.1 A, B, C, D and F)

ii. Cost Proposal (Section 4.1 G)

iii. Attachment A (Section 4.1 E and H, 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 links to Proposal. Any and all Proposals submitted not in compliance with this Section shall be rejected as non-responsive and be removed from consideration.

E. 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.

mailto:2027-003@gaithersburgmd.gov mailto:2027-003@gaithersburgmd.gov mailto:Procurement@gaithersburgmd.gov

B&O Train Station Boardwalk Replacement Page 8

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. Understanding of the requirement and Technical Approach– 20 pts.

b. Offeror’s Staff Qualifications, Experience – 30 pts.

c. Subcontractor’s Qualifications, Experience and Capabilities – 5 pts.

d. Pricing – 45 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.

B&O Train Station Boardwalk Replacement Page 9

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 bid in the State of Maryland in accordance with §16-202 and §16-203 of the State

Finance and Procurement Article of the Annotated Code of Maryland.

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

6.6. ADA REQUIREMENTS

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

mailto:procurement@gaithersburgmd.gov

B&O Train Station Boardwalk Replacement Page 10

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

7.22. EMPLOYMENT AS INDEPENDENT CONTRACTOR

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

7.23. ETHICS LAWS AND REQUIREMENTS

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

7.24. FORCE MAJEURE

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

7.25. GOVERNING LAW

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

7.26. IMMIGRATION REFORM AND CONTROL ACT

The Contractor shall warrant that it does not and shall not hire, recruit or refer for a fee for employment under the Contract, an alien, knowing the alien is an unauthorized alien, and hire any individual without complying with the requirements of the Immigration Reform and Control Act of 1986 (“Act”), including but not limited to any verification and record keeping requirements. The Contractor shall further assure the City that, in accordance with the Act, it does not and will not discriminate against an individual with respect to hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment because of such individual's national origin or in the case of a citizen or intending citizen, because of such individual's citizenship status.

7.27. INCONSISTENT PROVISIONS

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

7.28. INDEMNIFICATION

A. The Contractor shall agree to indemnify, hold harmless and defend the City from and against all claims, demands, actions, suits, damages, liabilities, losses, settlements, judgments, costs and expenses (“Claim”) suffered or incurred by the City or any third party resulting from any negligent acts by or errors or omissions of the Contractor, its employees, agents or subcontractors in connection with the performance of the Contract, except that if the City reasonably determines that any indemnified Claim might adversely affect the City, the https://www.gaithersburgmd.gov/government/city-code-regulations

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City may take control of the defense at the City’s expense. The Contractor may not consent to the entry of any judgment or enter into any settlement of any Claim without the City’s prior written consent, which may not be unreasonably withheld.

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

7.29. LAWS AND REGULATIONS

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

7.30. NO LIENS

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

7.31. NO WAIVER

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

7.32. NONEXCLUSIVE

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

7.33. NON-DISCRIMINATION REQUIREMENTS

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

I. Not discriminate against any employee or applicant for employment because of race, color, creed, religion, ancestry, sex, sexual orientation, national origin, affection preference, gender identity, genetic testing,…