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

FREDERICK COUNTY, MARYLAND

OFFICE OF

PROCUREMENT & CONTRACTING

Winchester Hall, Second Floor 12 East Church Street

Frederick, Maryland 21701

INVITATION FOR BID (IFB) #27-221

Additional Snow Removal Services

Bid Due Date:

Wednesday, October 14, 2026, 1:00 pm

Buyer: Samantha Barger Phone: (301) 673-0756

Email: sbarger@frederickcountymd.gov

Invitation For Bid #27-221 Title: Additional Snow Removal Services

Table Of Contents

1. EVENT SUMMARY

2. DEFINITIONS

3. PRE-BID CONFERENCE

4. SITE VISIT

5. INQUIRIES AND ADDENDA

6. GENERAL CONDITIONS

7. SPECIAL CONDITIONS

8. SPECIFICATIONS

9. SUBMISSION REQUIREMENTS

10. INSURANCE REQUIREMENTS

11. BID PROPOSAL

12. VENDOR QUESTIONNAIRE

Attachments:

A - SAMPLE_-_Agreement

B - Sample- Notice of Unsatisfactory Performance

IMPORTANT: ADVISE THE PROCUREMENT AND CONTRACTING OFFICE IMMEDIATELY IF ANY OF THE ABOVE

DOCUMENTS ARE NOT ENCLOSED

1. EVENT SUMMARY

IFB Number: 27-221

IFB Name: Additional Snow Removal Services

Buyer: Samantha Barger, Procurement Analyst sbarger@frederickcountymd.gov

(301) 673-0756

Bid Submission:

https://procurement.opengov.com/portal/frederickcountymd/projects/301697 Note: Only electronic submissions will be accepted. PLEASE NOTE THAT

REGISTRATION WILL TAKE TWO (2) BUSINESS DAYS.

Agreement Term:

1 year

Payment Terms:

Net 30

Grant Funding:

No

Bid Deposit: No, Bid Deposit Amount is not applicable.

Performance Bond:

No, Performance Bond Amount is not applicable.

Payment Bond:

No, Payment Bond Amount is not applicable.

Issue Date: September 15, 2026

Pre-Bid Conference (Non-Mandatory): September 22, 2026, 1:00pm

Microsoft Teams

Questions Due: September 30, 2026, 4:00pm

IFB Due: October 14, 2026, 1:00pm

* Be advised: If County administrative offices have been officially closed for any reason, the Pre- Bid Conference will be rescheduled via Addenda posted on the website the morning after the closing event.

https://procurement.opengov.com/portal/frederickcountymd/projects/301697

** Be advised: In the event that County administrative offices are closed or delayed on the date that submissions are due, the solicitation will be opened the next business day at the same time indicated in the Event Summary section at the front of this document.

2. DEFINITIONS

A. Addenda – Formal alteration of a solicitation or Agreement in writing (When applicable, Addenda are available on the Office of Procurement & Contracting website.)

B. Agreement – The Invitation for Bid Documents and any addenda, the Contractor’s response to this solicitation, and subsequent Purchase Orders

C. Alternate Bids – A second bid for a single item that intentionally offers a substitute product or service that varies from the stated specifications

D. Bid – All information submitted by the Contractor in response to this solicitation

E. Bidder – Any entity that submits a response to this solicitation

F. Buyer – The County’s Office of Procurement & Contracting Representative for the solicitation and/or the resulting Agreement

G. Contractor – Any bidder; most often the successful bidder

H. County – Frederick County, Maryland

I. Designee – Specifically appointed alternate signatory or decision maker

J. DHO- Department of Highway Operations

K. DOT- Department of Transporation

L. DPW- Division of Public Works

M. Interested Party – An actual or prospective bidder or Contractor that may be interested in the award of a contract

N. Invitation For Bid (IFB) – All documents identified in the Table of Contents, including any addenda

O. P&C – The Office of Procurement & Contracting

P. Purchase Order – The document by which the Contractor receives formal notification to perform work or deliver goods

Q. Solicitation – The Invitation for Bid

R. User Agency – County division, department, or office for which goods and/or services are being purchased

3. PRE-BID CONFERENCE

A. A Pre-Bid Conference will be held to discuss objectives and answer questions relating to this solicitation. Contractor’s attendance is not required but is strongly encouraged. Additionally, attendance may facilitate the Contractor’s understanding of the requirements.

B. It is recommended that Contractors read the solicitation prior to attending the conference and bring a copy to the conference.

C. In order to assure adequate seating at the pre-bid conference, please confirm attendance by emailing the Buyer and referencing this solicitation and number.

D. If there is a need for language interpretation and/or other special accommodations, please advise the Buyer via email so that reasonable efforts may be made to provide special accommodations.

E. Microsoft

Teams:__________________________________________________________________

______________Microsoft Teams meetingJoin:

https://teams.microsoft.com/meet/239610050050355?p=dYbhbjvHpeoZwZfZpkMeetin g ID: 239 610 050 050 355Passcode: RH9iv9ogNeed help? | System referenceDial in by phone+1 667-217-6643,,317690115# United States, BaltimoreFind a local numberPhone conference ID: 317 690 115#For organizers: Meeting options | Reset dial-in

PIN_____________________________________________________________________

F. If County administrative offices have been officially closed or delayed for any reason, the

Pre-Bid Conference will be rescheduled via Addenda posted on the website the morning after the closing event.

4. SITE VISIT

Each Contractor must completely satisfy themselves as to the exact nature and existing conditions of the site location and requirements of the specifications for extent and quality of the work to be performed. Failure to do so does not relieve the Contractor of its obligation to carry out the provisions of the contract.

5. INQUIRIES AND ADDENDA

https://teams.microsoft.com/meet/239610050050355?p=dYbhbjvHpeoZwZfZpk https://aka.ms/JoinTeamsMeeting?omkt=en-US https://teams.microsoft.com/l/meetup-join/19%3ameeting_YjJkNjFhNWYtYTQ2Yi00ZTM4LWFhYjktZmU0NzRkNjE4Y2M2%40thread.v2/0?context=%7b%22Tid%22%3a%2248c6342d-3806-4843-9dec-6a40b1bb8737%22%2c%22Oid%22%3a%226b600d79-c5fe-4b1a-be9c-3a43dc6bea69%22%7d tel:+16672176643,,317690115 https://dialin.teams.cloud.microsoft/940cb76d-a7ff-4e93-8818-992662da6fdb?id=317690115 https://teams.microsoft.com/meetingOptions/?organizerId=6b600d79-c5fe-4b1a-be9c-3a43dc6bea69&tenantId=48c6342d-3806-4843-9dec-6a40b1bb8737&threadId=19_meeting_YjJkNjFhNWYtYTQ2Yi00ZTM4LWFhYjktZmU0NzRkNjE4Y2M2@thread.v2&messageId=0&language=en-US https://dialin.teams.cloud.microsoft/usp/pstnconferencing

A. The Buyer in P&C is the sole point of contact for this solicitation. Questions concerning this solicitation must be addressed in writing and submitted to the OpenGov Procurement

Portal by Wednesday, September 30, 2026 at 4:00 pm.

B. Addenda to solicitations often occur prior to the bid opening, sometimes within a few hours of the opening. It is the potential Contractor’s responsibility to visit the P&C

OpenGov Procurement Portal at https://procurement.opengov.com/portal/frederickcountymd/projects/301697 to obtain Addenda.

6. GENERAL CONDITIONS

6.1. RESERVATIONS

A. The Director of P&C reserves the right to reject any or all proposals or parts of proposals when, in P&C's reasoned judgment, the public interest will be served thereby.

B. The Director of P&C may waive formalities or technicalities in proposals as the interest of the County may require.

C. The Director of P&C reserves the right to increase or decrease the quantities to be purchased at the prices offered. The quantity intended to be purchased and the period and percentage amount of any such reservation will be stated in the solicitation.

D. The Director of P&C reserves the right to award contracts or place orders on a lump sum or individual item basis, or such combination as shall, in P&C's judgment, be in the best interest of the County.

E. The Director of P&C may waive minor differences in specifications provided these differences do not violate the specification intent nor materially affect the operation for which the item or items are being purchased, nor increase the estimated cost of maintenance and repair to the County.

F. The Director of P&C may reject any proposal which shows any omission, irregularity, alteration of forms, additions not called for, conditional or unconditional unresponsiveness, or proposals obviously unbalanced.

G. Responsibility and responsiveness of any Contractor’s proposal will be determined at the sole discretion of the Director of P&C.

6.2. COMPETITION

A. A Contractor may offer only one price on each item though it may have two or more types that meet specifications. Contractors must determine for themselves which to offer. Submission by a single Contractor of more than one price for a single item shall be sufficient cause for rejection of all prices for that item submitted by the Contractor.

B. All proposals must be accompanied by descriptive literature as may be called for by the specifications or proposal. Specifications provided are based on County needs and uses, estimated costs of operation and maintenance, and other significant and/or limiting factors to meet County requirements and shall be consistent with County policies. Minimum specifications, and maximum specifications, where included, are not established arbitrarily to limit competition or to exclude otherwise competitive

Contractors.

6.3. PERIOD OF VALIDITY

Unless otherwise specified, all formal proposals submitted shall be irrevocable for 120 days following the proposal opening date, unless the Contractor agrees to an extension. Proposals may not be withdrawn during this period. The County may request an extension of the Period of Validity via email to the Contractor’s representative.

6.4. GOVERNING LAW

A. This contract shall be governed by and construed in accordance with the laws of the State of Maryland without regard to any choice of law principles that would dictate the laws of any other jurisdiction. The parties agree that the exclusive venue for any and all actions related hereto shall be the appropriate Federal or State court located within the State of

Maryland.

B. The laws of the State of Maryland and Frederick County shall govern the resolution of any issue arising in connection with the contract, including, but not limited to, all questions on the validity of the contract, the capacity of the parties to enter therein, any modification or amendment thereto, and the rights and obligations of the parties hereunder.

6.5. DISPUTE PROCEDURES

A. Upon notification of award, non-awarded Contractors may protest the process or award by utilizing the protest procedures available on the P&C website: www.frederickcountymd.gov/procurement

B. After award and during contract performance, the awarded Contractor may dispute proceedings or performance by:

http://www.frederickcountymd.gov/procurement

1. Notifying Using Agency in writing on Contractor letterhead of the disputed issues and requesting a meeting to discuss and come to resolution with the Using Agency

Division Director.

2. If no resolution is reached, the awarded Contractor may notify P&C in writing on

Contractor letterhead of the failure to reach resolution with the Using Agency and request to meet with the Director of P&C to discuss and come to resolution.

3. If no resolution is reached, the Director of P&C may refer the matter(s) to the

Contractor’s Responsibility Board (CRB) for a hearing to reach resolution in accordance with the CRB policy on the P&C website: www.frederickcountymd.gov/procurement. The CRB’s written decision is the final resolution.

C. At any time during the performance of the contract, the awarded Contractor may contact the Director of P&C to request to be heard by the CRB to present information, lodge a complaint, etc.

6.6. NON-WAIVER

Any waiver of any breach of covenants herein contained to be kept and performed by the Contractor shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same condition of covenant or otherwise.

6.7. COMPLIANCE WITH LAWS

A. If awarded a contract, the Contractor hereby represents and warrants that it:

1. Is qualified to do business in the State of Maryland and that it will take such action as, from time to time hereafter, may be necessary to remain so qualified;

2. Is not in arrears with respect to the payment of any monies due and owing the

County, or any department or agency thereof, including, but not limited to, the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the contract;

3. Shall comply with all federal, state, and local laws, ordinances, and legally enforceable rules and regulations applicable to its activities and obligations under the contract;

4. Shall eschew any and all forms of employment discrimination and promote equal opportunity in hiring practices as well as the selection of subcontractors for use in any of its projects;

http://www.frederickcountymd.gov/procurement

5. Shall procure, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under the contract;

and

6. Agrees that the facts and matters set forth hereafter in the contract and made a part hereof are true and correct.

7. Meets the qualifications required and years of experience stated.

B. In addition to any other remedy available to the County, breach of any of the paragraphs of this clause shall, at the election of the County, be grounds for termination. Failure of the County to terminate the contract shall not be considered or construed as a waiver of such breach nor as a waiver of any rights or remedies granted or available to the County.

6.8. HOLD HARMLESS/INDEMNIFICATION

A. The Contractor shall indemnify and hold the County harmless from and against all liability and expenses, including reasonable attorney's fees, howsoever arising or incurred, alleging damage to property or injury to, or death of, any person arising out of or attributable to the Contractor's performance of the contract awarded, provided that the

Contractor shall not be responsible for acts of negligence or willful misconduct committed by the County, its employees, agents and officials.

B. Any property or work to be provided by the Contractor under this contract will remain at the Contractor's risk until written acceptance by the County; and the Contractor will replace, at Contractor's expense, all property or work damaged or destroyed by any cause whatsoever.

6.9. TERMINATION

A. Termination Prior to Expiration of Term: The County reserves the right to terminate the resulting Agreement at any time, with or without cause, upon thirty (30) days' written notice to Contractor, except that where termination is due to the fault of the Contractor, the period of notice may be such shorter time as may be determined by the Contract

Officer. Upon receipt of any notice of termination, Contractor shall immediately cease all services hereunder except such as may be specifically approved by the Contract

Officer. The Contractor shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the

Contract Officer thereafter in accordance with the Schedule of Compensation or such as may be approved by the Contract Officer. In the event of termination without cause pursuant to this provision, the County need not provide the Contractor with the opportunity to cure.

B. Termination for Default: If termination is due to the failure of the Contractor to fulfill its obligations under this Agreement, County may take over the work and prosecute the same to completion by contract or otherwise, and the Contractor shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the County shall use reasonable efforts to mitigate such damages), and County may withhold any payments to the Contractor for the purpose of set-off or partial payment of the amounts owed the County as previously stated.

C. Termination for Non-appropriation: If the County or other funding source fails to appropriate funds or if funds are not otherwise made available for continued performance for any fiscal period or part thereof of the resulting Agreement, the

Agreement shall be cancelled automatically as of the beginning of the fiscal year or part thereof for which funds were not appropriated or otherwise made available; provided, however, that this will not affect either the County's rights or the Contractor's rights under any termination clause in this Agreement. The effect of termination of the

Agreement hereunder will be to discharge both the Contractor and the County from future performance of the Contract, but not from their rights and obligations existing at the time of termination. The Contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the Agreement. The

County shall make a good faith effort to notify the Contractor as soon as it has knowledge that funds may not be available for the continuation of this Agreement for each succeeding fiscal period or part thereof beyond the first fiscal year.

6.10. MARYLAND REGISTRATION

Contractors must be registered to do business in, and must be in good standing with, the State of Maryland. Contractors not registered must obtain registration information from the Maryland Department of Assessments and Taxation website at: http://dat.maryland.gov or by calling 410-767-1184 or Toll Free 888-246-5941.

6.11. AVAILABILITY OF FUNDS

The contractual obligation of the County under this contract is contingent upon the availability of appropriated funds from which payment for this contract can be made.

6.12. INTEGRATION AND MODIFICATION

http://dat.maryland.gov/

These proposal documents, Contractor's response to this solicitation, and subsequent purchase order(s) to the successful Contractor contain the entire understanding between the parties and any additions or modifications hereto may only be made in writing executed by both parties.

6.13. NON-ASSIGNMENT OF CONTRACT

Neither the County nor the Contractor shall assign, sublet, or transfer its interest or obligations under the resulting contract to any third party, without the written consent of the other. Nothing here shall be construed to create any personal or individual liability upon any employee, officer, or elected official of the County, nor shall the resulting contract be construed to create any rights hereunder in any person or entity other than the parties to this contract.

6.14. RESPONSIBILITY

The Contractor has the burden of demonstrating affirmatively its responsibility in connection with this solicitation, in background, history of projects, years of experience as a contracting firm, project team(s), ability, etc. A Contractor under debarment, or with documented poor performance, or with questionable reputation, or without the required years of operation, or lacking integrity or key personnel, as solely determined by the Director of P&C, may automatically be considered non-responsible in connection with this solicitation. At the sole discretion of the County, a Contractor that has previously failed to perform properly, has failed to timely complete contracts of a similar nature, has failed to complete contracts of a similar nature within budget or with an unreasonable quantity of change orders, or one that investigation reveals is unable to perform the requirements of the contract may be excluded from consideration for award. P&C may request that a Contractor provide documentation necessary for the determination of responsibility. Failure of a Contractor to provide the required documentation may exclude it from further consideration. Final determination of responsibility is determined at the sole discretion of the Director of P&C.

6.15. AFFIDAVIT

The attached affidavit is provided to facilitate compliance with the applicable law and is to be completed and returned with response.

6.16. PUBLIC INFORMATION/PROPRIETARY/CONFIDENTIAL INFORMATION

A. The County operates under the public information law, which permits access to most records and documents under the Maryland Public Information Act (MPIA).

B. Proposals will be available for public inspection after the award announcement, except to the extent that a Contractor designates trade secrets or other proprietary data to be confidential. Material designated as confidential must be readily separable from the remainder of the proposal to facilitate public inspection of the non-confidential portion of the proposal. A Contractor's designation of material as confidential will not necessarily be conclusive, and the Contractor may be required to provide justification why such material should not be disclosed, on request, under the MPIA, General Provisions Article, Sections 4-101 through 4-601 of the Annotated Code of Maryland.

6.17. COOPERATIVE PURCHASE

A. The Contractor may extend all of the terms, conditions, specifications, and unit or other prices of any award resulting from this proposal to any and all other public bodies, subdivisions, school districts, community colleges, colleges, and universities including non-public schools at its own discretion.

B. The County assumes no authority, liability or obligation, on behalf of any other public or non-public entity that may use any contract resulting from this proposal.

6.18. EXCEPTIONS

If the Contractor cannot/ will not meet the terms, conditions, and/or specifications of the solicitation, the Contractor shall furnish a statement on company letterhead providing a complete description of any exceptions to the terms, conditions, and specifications. Failure to furnish exceptions on company letterhead shall be interpreted to mean the Contractor agrees to all terms, conditions, and specifications. Exceptions taken do not obligate the County to change the terms, conditions, and/or specifications. Exceptions to the terms and/or conditions and/or to the County’s standard Agreement may be sufficient cause for rejection of the proposal. Descriptive literature may be used to clarify or be a reference to an exception; however, exceptions shall not be considered by enclosing descriptive literature in itself. The decision of the Director of P&C in accepting or rejecting an exception shall be final. If it is determined that an exception is not acceptable, the proposal may be considered non-responsive at the sole discretion of the Director of P&C.

6.19. SITE CONDITIONS

The submission of a proposal shall be considered representation that the Contractor has carefully investigated all conditions which affect or may, at some future date, affect the performance of the work or services covered by the solicitation, the entire area to be serviced as described in the solicitation, and that the Contractor is fully informed concerning the conditions to be encountered, character, quality and quantity of work to be performed, and equipment and materials to be furnished. The Contractor shall also be familiar with all Federal, State, and County laws, all codes and ordinances of the County which in any way affect the performance of the work, or persons engaged or employed in the work, or the materials and equipment used in the work.

6.20. FAIR LABOR STANDARDS ACT

All goods shipped against this order must be produced in compliance with the requirements of the Fair Labor Standards Act of 1938, as amended including Section 6, 7, and 12, and regulations and orders issued under Section 14 thereof.

6.21. CASH DISCOUNT

Cash discounts will be taken into consideration in determining the award. However, an offer of a cash discount must allow a reasonable period of not less than 30 days in order to be included in evaluation of the proposal pricing. A proposal offering a cash discount in a period of less than 30 days will be evaluated as a proposal without a cash discount offer. If the Contractor obtains an award by reason of their gross price, the County will hold the offer of a cash discount and make every effort to obtain such discount.

6.22. UNIT PRICES

Unless clearly shown on the proposal that it is the intent that a reduced total price is being offered on the basis of receiving an award of all items covered by the total, any totals should be the actual sum of the extension of unit prices. Otherwise, in the event of any discrepancy between a unit price(s), extended price(s), and/or total price(s), unit prices will govern and the proposal will be refigured accordingly.

6.23. DELIVERY

A. Contractors shall guarantee delivery of supplies in accordance with such delivery schedule as may be provided in the solicitation.

B. All items shall be delivered F.O.B. Destination, Inside Delivery, and delivery costs and charges included in the proposal unless otherwise stated in the solicitation.

C. The P&C reserves the right to charge the Contractor or vendor for each day the supplies are not delivered in accordance with the delivery schedule. The per diem charge may be invoked at the discretion of the P&C and said sum is to be taken as liquidated damages and deducted from the final payment, or charged back to the Contractor or vendor.

D. The P&C reserves the right to procure the supplies elsewhere on the open market if delivery is not made as specified, in which event, the extra cost of procuring the supplies may be charged against the Contractor and deducted from any monies due or which may become due him.

6.24. PATENTS

If applicable, the Contractor shall defend any suit or proceeding against the County so far as based on a claim on any equipment, or on any part thereof, furnished under this contract which constitutes an infringement of any patent of the United States, if notified promptly in writing and given authority, information, and assistance (at the Contractor’s expense) for the defense of same, and the Contractor shall pay all damages and costs awarded therein against the County. In case said equipment or any part thereof, in such suit, is held to constitute infringement and the use of said equipment or part if enjoined, the Contractor shall, at its own expense, either procure for the County the right to continue using said equipment or part, or replace same with non-infringing equipment or part, or modify so that it becomes non-infringing.

6.25. CONTRACT SERVICES AGREEMENT

A. The County and Contractor may execute a Contract Services Agreement, which is attached for review, resulting from the award of this solicitation. Exceptions, if any, to the County’s standard Agreement must be noted in the proposal to be considered during consideration of award. Exceptions to the County’s standard Agreement may result in rejection of the proposal.

B. Do not fill in or sign the sample Agreement attached. The County will prepare an

Agreement specific to this solicitation for execution by the successful Contractor.

6.26. REDACTED VERSION

Contractors are encouraged to submit a redacted version of their bid submittal, redacted in accordance with Public Information/Proprietary/Confidential Information. The redacted version shall be kept in County records and utilized for future reference only if requested via the MPIA. In the event no redacted version is submitted with the Contractor’s submitted proposal, the original submitted proposal will be released in response to any MPIA. The redacted version will not be utilized in the process of award. REDACTED

VERSION WILL BE FILED AND ONLY RELEASED IN THE EVENT PROPOSER’S RESPONSES ARE

REQUESTED THROUGH MARYLAND PUBLIC INFORMATION ACT REQUEST.

6.27. AWARD NOTIFICATION

A. Award notification will be by U.S. Mail, email, phone or any combination thereof. All

Contractors that have submitted a proposal will be notified of which Contractors will be awarded prior to final award.

B. The awarded Contractors will be required to return an Insurance Certificate naming

Frederick County as an additional insured, the executed Agreement*, and the Maryland

Registration Certificate of Good Standing.

C. Individuals wishing to contest results of a solicitation may view procedures on the P&C website at www.FrederickCountyMD.gov/procurement.

*As Contractors have had an opportunity to note Exceptions to the Agreement with its proposal submission, execution of the Agreement will require minimal time. PLEASE BE SURE TO READ THE SAMPLE AGREEMENT (within Section Vendor Questionnaire) PRIOR

TO SUBMISSION OF THE PROPOSAL.

https://www.frederickcountymd.gov/procurement

7. SPECIAL CONDITIONS

7.1. CONTRACTOR'S QUALIFICATIONS

A. Contractors must be engaged in snow removal services and shall have been actively engaged in this field for a minimum of five (5) years. The proposing firm must meet these years of experience, at a minimum, in order to be considered for award.

B. The County reserves the right to inspect the Contractor’s equipment and to perform such investigations as may be deemed necessary to insure that competent personnel and management will be utilized in the performance of this contract.

7.2. AWARD

The County intends to make one or more awards; effectively to the lowest bidding responsive and responsible Contractors.

The estimated annual quantities on the Price Page represent the total volume of work for all Contractors combined. Distribution of work is at the sole discretion of the County and equal distribution is not guaranteed.

The Contractors must waive any claim against the County for extra compensation or damages arising out of assignment of work by the County

7.3. AGREEMENT PERIOD

The contract period shall be for one year commencing on or about November 1, 2026 after approval and proper execution of the contract documents, with a renewal option for three additional years in one-year increments, exercisable at the sole discretion of the County.

7.4. PRICE ADJUSTMENT

A. Prices offered shall be firm against any increase for one year from the effective date of this contract. Prior to the commencement of subsequent renewal periods, it shall be the

Contractor’s responsibility to notify P&C in advance of the renewal date of any requested price changes. Requests made after the renewal date will not be considered.

B. Requests for price adjustments shall be submitted to P&C, not the user agency.

C. The County will entertain requests for escalation in accordance with the current

Consumer Price Index at the time of the request or up to a maximum 5% increase over the current pricing, whichever is lower. (For purposes of this section, “Consumer Price

Index” shall be the Consumer Price Index-All Urban Consumers (CPI-U), Washington-

Arlington- Alexandria, DC-VA-MD-WV, All Items, Not Seasonally Adjusted, as published by the United States Department of Labor, Bureau of Labor Statistics.) The County reserves the right to accept or reject the request for a price increase and will do so in writing. If the price increase is approved, the price increase will be effective upon written approval and will remain firm through the renewal period.

D. If a price increase is requested following contract renewal and it has been longer than one year since the last increase, the County may entertain a request for escalation if it is in the County’s best interest. If the price increase is approved, the price increase will be effective upon approval and will remain firm through the renewal period, or for one year, at the County’s sole discretion.

7.5. NON-EXCLUSIVITY

Nothing herein is intended nor shall be construed as creating any exclusive arrangement with the Contractor. This contract shall not restrict the County from acquiring similar, equal, or like goods and/or services from other entities or sources.

7.6. ESTIMATED QUANTITIES

The estimated annual quantities stated are provided as a general guide for proposing and are not guaranteed. Actual quantities may be more or less than estimated. There is no guarantee of work. If more than one Contractor is awarded, there is no guarantee of equal work distribution. Work will be assigned at the sole discretion of the County.

7.7. ESTIMATED USAGE

The estimated annual usage stated are provided as a general guide for proposing and are not guaranteed. Actual usage may be more or less than estimated. There is no guarantee of work. If more than one Contractor is awarded, there is no guarantee of equal work distribution. Work will be assigned at the sole discretion of the County.

7.8. INSURANCE REQUIREMENTS

The Contractor shall be required to provide the insurance as outlined in Section Insurance Requirements. All documentation of insurance shall be submitted prior to contract start date. In the event that the necessary insurance cannot be obtained, the County reserves the right to revoke the contract award and award to another firm.

7.9. METHOD OF ORDERING

A. Purchase Orders will be issued from time to time for such quantities as may be required by the County. Purchase Orders issued against the contract, even if not completed within the term of the contract, shall continue to be bound by the terms and conditions until completion.

B. Purchases may also be made with the County’s procurement card (currently

MASTERCARD). The Contractor agrees to accept the card for such quantities as may be required by the County. Contractors are prohibited from charging additional fees over and above its proposal prices to process payments on procurement cards.

7.10. ABANDONMENT, DISSOLUTION AND RESTRUCTURING

A Contractor who abandons or defaults the work on this contract or any Task Order that has been issued to a Contractor and causes any work be re-bid will not be considered in future bids for the same type of work unless the scope of work is significantly changed. Written notification of changes to company names, address, telephone number, etc. shall be provided to the County as soon as possible, but not later than thirty (30) days from date of change.

7.11. BILLING AND PAYMENT

A. Invoices shall be submitted as required in duplicate for all services performed to Office of

Highway Operations OHighOpsEmail@frederickcountymd.gov.

B. Each invoice shall include the following information:

1. Federal Employer Identification Number (FEIN);

2. Contractor’s name and address;

3. Name of User Agency;

4. Frederick County Contract Number, if applicable;

5. Purchase Order Number;

6. Description of goods provided and/or services performed;

7. Date and length of time of each service performed, if applicable; and

8. Name of individual(s) performing the required services, if applicable.

C. Delivery tickets signed by authorized County personnel shall accompany invoice.

D. Payment shall be made upon receipt of proper invoice from the Contractor and authorized by the County.

E. The County shall not be subject to late fees, fees for use of credit card payment, or additional fees of any kind at any time during the Agreement period.

F. All amounts, costs, or prices referred to herein pursuant to this contract shall be United

States of America currency.

G. Provided that Contractor is not in default under the terms of this Agreement, Contractor shall be paid Net30.

7.12. DEFAULT

Upon non-performance or violation of the contract terms, the Contractor will be given one chance, via written communication, to correct deficiencies. Failure to correct the deficiencies stated in the written communication will be cause for the contract to be cancelled or annulled by Frederick County, Maryland in whole by written notice of default to the Contractor. An award may then be made to the next low Contractor. In either event, the defaulting Contractor (or its surety) shall be liable to the County for costs to the County in excess of the defaulted contract prices. Failure of the Contractor to deliver services within the time stipulated on its proposal, unless extended in writing by the Director of P&C shall constitute contract default. In the event that a Contractor exempted from posting a Bid or Performance Guarantee fails to execute and perform any contract awarded to it, it shall forfeit the right to respond on any future County contract for a period of time determined by the Director of P&C and it shall be liable for any costs incurred by the County as a result of its default.

7.13. REFERENCES

References will be verified by the Buyer and the results utilized as part of the determination of a Contractor’s responsibility. Any negativity or uncertainty expressed by references may be used to exclude the Contractor from further consideration for award at the sole discretion of the County. It is in the best interest of the Contractor to CONTACT THE REFERENCES IN ADVANCE to ensure that they are aware that they are being utilized as a reference for this solicitation. Contactors may not use the County as a reference. Any work history the Contractor has with the County will automatically be utilized as part of the evaluation process.

7.14. ADDITIONS/DELETIONS

The County, at its option, may add or delete like or related services as needed at the sole discretion of the Director of P&C. All specifications and requirements of this solicitation will apply to any additions made during the contract term. If more than one Contractor has been awarded: The Contractor receiving an award closest to the new site and will be among those requested to provide a quotation. Selection will be based on pricing, equipment and labor availability, performance and other factors as may be determined to be in the best interest of Frederick County.

7.15. CONTRACT

All questions must be directed to the Buyer for this solicitation. During the solicitation process which begins with the advertisement of the Invitation for Bid, and following the bid opening, Contractors are strongly cautioned not to contact elected officials or County employees regarding the award process. Contact with any entity other than P&C will be deemed as an attempt to influence the award process and will disqualify the Contractor from further consideration in the award process. Inappropriate efforts to lobby or influence individuals or Contractors involved in this bid award may result in dismissal from further consideration, at the County’s sole discretion.

8. SPECIFICATIONS

8.1. Scope of Work

A. The Contractor shall provide all labor, equipment, and expertise to perform snow and ice removal operations on roadways, intersections, bridges, and other areas designated by the County. Please note that Contractor equipment may be required to operate 24 hours a day during emergency operations, at the discretion of the Division of Highway

Operation's Designee. If necessary, the Contractor will be responsible for providing relief operators. All relief operators shall be employees of the Contractor, and any operator changes shall occur on the assigned snow route or at a pre-determined location specified by the DHO Designee.

B. The Contractor shall provide dump trucks and other equipment with operators, equipped at the Contractor’s expense, per the specifications found in this Contract. The dump trucks and other equipment shall be available for work under the direction of the

Department of Public Works (DPW) Division of Highway Operations (DHO) for snow and ice removal operations. The equipment under Contract with the County shall be available on an “as needed basis” seven (7) days a week, twenty-four (24) hours a day. Hourly rates will be paid per the Hourly Rates as stated in the Snow Services section of this solicitation

8.2. Contractor Responsibilities

A. The Contractor shall ensure that all drivers have a valid license for the vehicle they will be operating, valid DOT medical certificate (if applicable), and they are in compliance with all requirements associated with the operation of the equipment to be used for snow removal operations.

B. The Contractor shall review the contract requirements with all operators who may work during the winter season. It is critical that all operators understand the need to continuously follow the direction of DPW DHO personnel, and to avoid excessive salt usage.

C. The Contractor’s equipment and operator shall be available on a seven (7) days a week, twenty-four (24) hours a day basis. The Contractor shall assign operators capable of communicating in English, and capable of thoroughly understanding the Contract documents. The County reserves the right to place any unit of equipment on actual operating time, on standby time or to discontinue using any unit of equipment at any time as field conditions require or if a unit is not working satisfactorily. The DHO

Designee will be the sole judge as to whether the unit is performing satisfactorily while meeting the County’s operational, environmental, and public safety needs.

D. The Contractor shall establish communications with the County staff for the duration of this Contract. The Contractor must provide a home/office/cellular phone number or answering service where the County can contact or leave a message on seven (7) days a week, twenty-four (24) hours a day basis.

E. The Contractor is held responsible for having and maintaining all safety equipment as required by the County, including but not limited to working lights, horns, load covers, back-up alarms, heaters, wipers, and defrosters. The Contractor shall furnish and maintain all exterior lighting systems including overhead emergency amber rotating or strobe lighting on all equipment connected with this Contract. The emergency lighting shall always have 360˚ visibility. Vehicle headlight beam is required to meet Maryland

Motor Vehicle Laws concerning visibility both to and from the vehicle with the plow attached. The Contractor’s equipment and operator shall be required to meet all DOT regulations (if applicable), and motor vehicle laws.

F. The Contractor shall provide all service, repairs, fuel, and replacement parts (plow blades, bolts, wiper blades, etc.) needed to keep its equipment running and operational for the entire snow event and until released by the DHO Designee. The County will not compensate for downtime on trucks and equipment that extends beyond one hour. The

Contractor shall report to the DHO Designee when its equipment is down for repairs and when the repairs have been completed and the equipment is operational. If the

Contractor’s equipment is found to be inoperable during an event and has not been reported as such to the County, the Contractor may receive a “Notice of Unsatisfactory

Performance” (Attachment B) and shall not receive its post-season retainer. If a second failure to report inoperable equipment during an event, the Contractor will receive no post-season retainer and the Contract may be terminated.

G. Contractors must adhere to all current Frederick County building security procedures when entering or exiting during winter operations. Unless instructed otherwise, Contractor personnel check-in/check-out shall be performed outside of Frederick

County buildings. DPW DHO may require an identification tag (ID) which uniquely identifies each piece of hired equipment/configuration. Any tampering or removal of this ID will result in the Contractor receiving a “Notice of Unsatisfactory Performance”

(Attachment B) and shall not receive its post-season retainer. If a second tampering or removal of the ID takes place the Contractor will receive no post-season retainer and the Contract may be terminated. For equipment to be utilized in snow and ice removal operations the Contractor’s personnel shall demonstrate that safety lights, plow, spreader and spinner, tailgate or spreader box shields are operational while all hydraulic lines, valves, fittings, and nozzles show no signs of leakage. Failure to demonstrate any of the above shall make the unit unusable by the County.

H. The Contractor personnel shall have a working cellular phone and the truck must have a full tank of fuel when it reports for service. The cellular phone number shall be given to the DHO representative. Failure to demonstrate that the truck has a full tank of fuel or the operator has a working cellular phone may make the unit unusable by the

County. Contractors shall coordinate the re-fueling of equipment on or close to the assigned route to minimize disruptions to plowing and salting operations. At the end of operations, all Contractor personnel and equipment must be logged out at its assigned

District yard or other designated area by an DHO representative and all storm records must be turned in to receive payment.

I. When not in operation, all trucks loaded with materials shall be covered with the required load cover to prevent accumulation of moisture/freezing.

J. Contractor equipment shall report to its assigned District yard or other designated area with attachments already mounted on the units and in working order.

K. The Contractor is responsible for any damage to County and/or public property by his/her equipment due to careless and/or negligent operation by the Contractor’s personnel.

L. The Contractor is responsible for any damage to private property by his/her equipment due to careless and/or negligent operation by the Contractor’s personnel.

8.3. Reporting Times

A. Pre-determined start time: When a Contractor is contacted and asked to report at a pre-determined time, its time will start at that pre-determined time, provided the truck arrives at or before that time in working order ready to perform operations. For example, the Contractor is contacted at 4:00 pm and asked to report at 10:00 pm, its time will start at 10:00 pm provided the truck arrives by 10:00 pm in working order and ready to perform operations. The Contractor will not be compensated for early arrival. Reporting late may be considered a "failure to respond."

B. Immediate call out

1. When a Contractor is contacted and asked to report immediately for snow and ice removal operations, between 6:00 PM to 6:00 AM, the Contractor’s truck and operator shall report to the District yard in working order and ready to perform emergency operations within two hours of notification.

2. The Contractor’s time will start when the truck arrives at the reporting site in working order and ready to perform operations. Reporting late may be considered a

"failure to respond."

3. When a Contractor is contacted and asked to report immediately for snow and ice removal operations, between 6:00 AM to 6:00 PM, the Contractor’s truck and operator shall report to the District yard in working order and ready to perform emergency operations within three hours of notification. The Contractor’s time will start when the truck arrives at the reporting site in working order and ready to perform operations. Reporting late may be considered a "failure to respond."

4. When a Contractor is contacted and asked to report immediately for snow and ice removal operations, his/her pay will begin when it arrives at the District yard. However, if the truck arrives in working order within one hour of said notification, the Contractor’s starting time for payment will be the time of notification. For example, the Contractor is contacted at 6:00 pm, asked to report immediately, and his/her truck arrives at the reporting site by 7:00 pm, in working order and ready to perform emergency operations, the Contractor’s starting time for payment will be 6:00 pm.

C. Compensation to the Contractor for Snow and Ice Removal Operations: Compensation to the Contractor shall consist of a pre-season retainer fee paid at the start of the winter season (if applicable), a pre-set hourly rate paid for each piece of equipment when it’s performing operations under the direction of the County, a minimum payment guarantee for the season (Class V vehicles, dump trucks and pickup trucks), and a post-season retainer fee (if applicable). There will be no compensation allotted for cleanup time to the Contractor. Compensation will only be made when the Contractor meets the requirements detailed in this Contract and on maintaining acceptable performance measures.

8.4. Pre-Season for Snow and Ice Removal Operations

A. The Contractor shall receive a pre-season retainer fee of $500 for each Class V vehicle, single axle, dump truck, four-wheel drive pickup truck with plow and spreader. The retainer fees will be paid after the following requirements are met:

1. Each Contractor’s truck(s), plow and salt spreader must meet the specifications found in this contract and pass a DHO inspection prior to service commencement in the initial contract term and by October 22 of each renewal period. The Contractor shall schedule and bring each vehicle under Contract to the specified Highway facility for the inspection at least 48 hours in advance. A calibration test may be performed to determine if the equipment can accurately apply salt and other materials at specified application rates. In lieu of the test, the Contractor may verify that the equipment has been calibrated and that the truck has a calibration chart showing controller settings and corresponding application rates. The County will continuously spot-check trucks during snow removal operations, to assure trucks were calibrated by the Contractor.

2. The driver or the responsible POC (Point of Contact) for the company are present to review the assigned route and review DHO Winter Standard Operating Procedures.

B. If the Contractor does not meet the annual October 22, deadline but meets the terms above by October 31of the renewal term, it will receive 50% of the pre-season retainer. If the Contractor does not meet the terms above by the close of business on

October 31 of each term, it will not receive the pre-season retainer. In addition, the

County reserves the right to void the Contract and award it to another interested

Contractor. If the Contractor does not meet either deadline due to actions by the

County, it will be entitled to the corresponding percentage of the pre-season retainer.

8.5. Minimum Payment Guarantees for Snow and Ice Removal Operations

A. The following minimum guarantees, separate from any pre or post-season retainer, will be in…