SLED Opportunity · MARYLAND · CITY OF FREDERICK
AI Summary
City of Frederick seeks bids for permitting and removal of silt, sediment, and debris from Center Channel Inlet at Baker Park under the Small Business Reserve Program.
The purpose of this Invitation for Bid is to establish a contract, by means of sealed bids, with a qualified contractor, for Permitting, Silt, Sediment and Debris Removal for the Center Channel Inlet Area of Baker Park, City of Frederick.
The City of Frederick (City) does not discriminate on the basis of race, color, religion, sex, national origin, age, marital status, veteran status, disability, sexual orientation, gender identity, genetic information, or any other legally protected group in employment or in the provisions of services.
A Non-Mandatory Pre-Bid/Pre-Proposal Meeting will be held on Tuesday, March 17, 2026 at 10:00 am at Baker Park Spillway (near Bell Tower) 121 N Bentz St Frederick, Maryland 21701.
Prior to submitting the Bid, the Bidder is required to visit the site of the proposed work and to become familiar with any conditions, which may in any manner, affect the work to be done or affect the equipment, materials, and labor required. The Bidders shall determine and verify for themselves the nature and extent of the work and any special difficulties to be encountered during work. The Bidder is also required to carefully examine the specifications and be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. It is further understood and agreed that each Bidder is solely responsible for all assumptions, deductions, or conclusions which they make or obtain from their examination of the site and their examination of information made available by the City. No additional allowances will be made because of lack of knowledge of these conditions.
It shall be a requirement of this Invitation for Bid that whomever the Bidder assigns to attend the site visit must be qualified and properly trained or certified in accordance with applicable state and federal regulations and shall comply with all state and federal safety regulations. The burden of responsibility shall be placed with the Bidder for the safety of all those representing their firm/company.
SCOPE
The scope of work to be covered by this project will include all removal, hauling/disposal of residuals and site restoration. It will be the responsibility of the successful bidder (hereafter referred to as ‘contractor’) to provide any and all supervision, labor and equipment necessary for the proper performance of this contract.
The contractor shall:
1. Be required to submit their construction sequence and silt removal methodology process as part of their bid.
2. Be responsible for obtaining the appropriate traffic permit, advising the City as to how they plan to haul the sludge, and how they plan to account for the volume removed.
The City holds the MDE permit and may inspect all work and haul routes.
DESCRIPTION
Remove and clean all silt, sediment and other debris from this area which includes the portion of the channel between the debris screen/grate at the orifice wall underneath North Bentz Street. Remove down to the top of the center channel bottom which is concrete. Also remove down to the bottom of dead-end channel and approx. 250' upstream of end of the concrete of center channel which is natural creek bottom. The contractor is responsible for cleaning the trash and debris from the other side of the 20’ x 4’ fiberglass screen/gate; this work will be required to remove by hand and or vacuum trucks units. The contractor is responsible for any damming and a silent pump should be utilized.
The Contractor will load debris from Carroll Parkway. The stone wall in this area will need to be protected. The contractor will only drive in the park to set and remove the upstream dam. No loading will be done within the park. The City will provide a dewatering site at an offsite property located on Highland Street (Husky Park 39.415, -77.395) near the Frederick Fairgrounds. The Contractor will be responsible for the separation and removal of woody materials, a site will be provided for the natural woody material (branches & logs). This site may also be used as a staging area to fill sandbags. The route to the site will be provided.
All other woody material (planks, pallets, etc.) and trash will be the responsibility of the Contractor to dispose of. The Contractor must provide watertight (sealed) trucks.
Note: The City will need one working day to do preventive maintenance to the gate valve under the Bentz Street Bridge. This will need to be coordinated and part of the schedule.
The last cleaning of this area occurred in 2022.
HAULING ROUTE
The contractor shall follow the pre-determined route to and from the dumping site. Once a sealed truck is sufficiently loaded. The driver will head west on Carroll Parkway, turning north onto College Avenue. Travel north on College Avenue, turning east onto W 2nd Street. Travel east on W 2nd Street, turning south onto N Bentz Street. Travel south on N Bentz Street, turning east onto W Church Street. Travel east on W Church, across N Market where W Church becomes E Church. Travel east on E Church Street, turning south onto Highland Street. Travel south on Highland Street approximately 0.3 miles before making a left turn into Husky Park.
Once unloaded the driver will leave Husky Park and travel north on Highland Street to E Church Street. Travel west on E Church, bearing right onto E 2nd Street. Travel west on E 2nd Street across N Market where E 2nd becomes W 2nd. Travel west on W 2nd Street, turning south onto N. Bentz Street. Travel south on N Bentz, turning west onto Carroll Parkway and the loading site.
SPILLAGE
The contractor shall be responsible for the immediate cleanup of any spillage or leakage of oil, residuals or other deleterious substances at both sites. In the case of damage or spillage, the contractor shall immediately notify the project manager in addition to any notification requirements that may be required by permits. The contractor is responsible for the repair or replacement of any City property damage caused by his employees, agents or subcontractors. In addition, any and all cleanup cost will be borne by the contractor. The contractor must take whatever steps are necessary to ensure that obnoxious odors are not generated from his vehicles at the site locations or anywhere throughout the City where hauling is occurring. No washing should occur at the work site and at no time should washing into storm drains occur.
REPORTING / INSPECTION
The City of Frederick will be supplied with a list of all disposal sites (if site other than the City-provided one is to be used) and vehicles to be used by the contractor or his agents in carrying out this contract. This list should be updated as new sites and vehicles are added. The City of Frederick reserves the right to inspect any and all residuals, disposal sites or residual hauling vehicles at any time. A written report shall be submitted to the Project Manager at project completion. This report will summarize all disposal sites and amounts of residual disposed.
SCHEDULE
Work must be completed between July 13th and September 30th, 2026. A two-week window will be allotted for completion. The Contractor is reminded to monitor the weather forecast carefully during the work as heavy rainfall can have a large impact on this area.
Statutory limits and Employer’s Liability Insurance of
$1,000,000 bodily injury each accident
$1,000,000 policy limit for each employee
$1,000,000 per employee bodily injury by disease.
Unless otherwise stated in the solicitation, any questions concerning conditions and specifications should be submitted in writing.
A Non-Mandatory Pre-Bid/Pre-Proposal Meeting will be held on Tuesday, March 17, 2026 at 10:00 am at Baker Park Spillway (near Bell Tower) 121 N Bentz St Frederick, Maryland 21701.
Prior to submitting the Bid, the Bidder is encouraged to visit the site of the proposed work and to become familiar with any conditions, which may in any manner, affect the work to be done or affect the equipment, materials, and labor required. The Bidders shall determine and verify for themselves the nature and extent of the work and any special difficulties to be encountered during work. The Bidder is also required to carefully examine the specifications and be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. It is further understood and agreed that each Bidder is solely responsible for all assumptions, deductions, or conclusions which they make or obtain from their examination of the site and their examination of information made available by the City. No additional allowances will be made because of lack of knowledge of these conditions.
It shall be a requirement of this Invitation for Bid that whomever the Bidder assigns to attend the site visit must be qualified and properly trained or certified in accordance with applicable state and federal regulations and shall comply with all state and federal safety regulations. The burden of responsibility shall be placed with the Bidder for the safety of all those representing their firm/company.
This coverage must include premises/operations as well as products/completed operations with no exclusion for collapse, underground or explosion. Contractual Liability should also be included as well as a waiver of subrogation. The minimum required limits are as follows:
$2,000,000 General Aggregate Limit
$2,000,000 Products/Completed Operations Aggregate Limit
$1,000,000 Personal & Advertising Injury Liability Limit
$1,000,000 Each Occurrence Limit
$50,000 Fire Damage Limit
$5,000 Medical Expense Limit (Per Person)
There will be a TBD site visit meeting at TBD on TBD.
Prior to submitting the bid, the bidder is encouraged to visit the site of the proposed work and to become familiar with any conditions, which may in any manner, affect the work to be done or affect the equipment, materials, and labor required. The bidders shall determine and verify for themselves the nature and extent of the work and any special difficulties to be encountered during work. The bidder is also required to carefully examine the specifications and be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. It is further understood and agreed that each bidder is solely responsible for all assumptions, deductions, or conclusions which they make or obtain from their examination of the site and their examination of information made available by the City. No additional allowances will be made because of lack of knowledge of these conditions.
It shall be a requirement of this Invitation for Bid that whomever the bidder assigns to attend the site visit must be qualified and properly trained or certified in accordance with applicable state and federal regulations and shall comply with all state and federal safety regulations. The burden of responsibility shall be placed with the bidder for the safety of all those representing their firm/company.
For additional site visit information, contact George Shankle, Superintendent Sewer & Storm, (301) 600-3883.
Business Automobile Insurance with a minimum of $1,000,000 combined single limit of liability.
If any persons contemplating submitting a Response under this Solicitation are in doubt as to the true meaning of the specifications, Solicitation documents or any part thereof, they must submit questions in writing via the City of Frederick's OpenGov Portal no later than 3:00 pm am on Friday, March 20, 2026. Any questions received after that time may or may not be answered at the City’s discretion.
The City shall issue an addendum if substantial changes, which impact the technical submission of Responses, are required. In the event of conflict with the original Solicitation Documents, the Addendum shall govern over all other contract documents to the extent specified. Subsequent Addenda shall govern over prior addenda only to the extent specified. Addendum will be issued through the City's OpenGov Portal. Vendors are required to register for an account via the City's OpenGov Portal. Once registered, Vendors will receive addenda notifications to their email by clicking "Follow" on this project.
The City will not be responsible for any other explanation or interpretation made verbally or in writing by any other City representative.
Ultimately, it is the sole responsibility of each Vendor to periodically check the site for any addenda at the City's OpenGov Portal.
In order for bids to be considered, bidders must submit with their bid, evidence that they are qualified to satisfactorily perform the specified work. Evidence shall include, but is not limited to, all information necessary to certify that the bidder:
Commercial Umbrella Insurance with a minimum limit of $2,000,000 per occurrence.
Any and all Special Conditions that may vary from these General Conditions shall have precedence.
The Contractor is responsible for maintaining a safe and clean work area. Equipment, tools, materials, etc. shall not be allowed to block vehicular or pedestrian access.
The Contractor shall be responsible for the safety of his employees, equipment, and the general public in all areas where work is being performed and shall appoint a Safety Manager who shall be responsible for the same.
The headings to the various sections of this Solicitations have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any way the expressed terms and provisions hereof. Additionally, words such as contract/agreement and bidder/proposer/vendor may be used interchangeably in the various sections of this Solicitation and shall not in any manner be construed as modifying, amending, or affecting in any way the overall intent of the Document.
The Selected Proposer shall agree to maintain Professional Liability or Errors and Omissions Liability Insurance at a limit of liability not less than $1,000,000 per incident or per occurrence. When a self-insured retention (SIR) or deductible exceeds $10,000, the City reserves the right, but not the obligation to review and request a copy of Proposer’s most recent annual report or audited financial statement. For policies written on a Claims-Made basis, the Proposer warrants the retroactive date equals or proceeds the effective date of this contract. In the event the policy is cancelled, non-renewed, transferred to an Occurrence Form, retroactive date advanced, or any other event triggering the right to purchase a supplemental Extended Reporting Endorsement during the life of this Contract, the Proposer shall agree to purchase an Extended Reporting Endorsement (or “Tail”) with a minimum reporting period of not less than three years and to notify the City. If this policy is maintained without change during the life of this contract and the Extended Reporting Endorsement is not purchased, the Proposer warrants that this Claims Made coverage will be renewed for a minimum of three years after the completion of the project with the same retroactive date as that used at the onset of this project.
The Contractor shall maintain his work during construction in accordance with Section GP-5.11 of the SHA Standard Specifications.
The City may accept or reject, in whole or in part, for any reason whatsoever any or all submissions; re-advertise this Solicitation; postpone or cancel at any time this Solicitation process when it is in the best interest of the City to do so.
Submissions that are not received on time or do not conform to the City’s requirements will not be considered. The City also reserves the right to contact a proposer for clarifications and may, at its sole discretion, allow a proposer to correct all formalities, informalities, and technicalities in the best interest of the City.
The issuance of this Solicitation constitutes only a request to make submissions to the City. The City reserves the right to determine, at its sole discretion, whether any aspect of a submission satisfies the criteria established in this Request. The selection shall be based on the Response, which is in the sole opinion of the City, is in the best interest of the City.
The final approval and recommendation for award of this Solicitation shall be in accordance with the City Purchasing Policies.
Nothing in this Solicitation or accompanying documents submitted will create any contractual relationship between the City and proposer.
The City assumes no obligations, responsibilities, and liabilities, fiscal or otherwise, to reimburse all or part of the costs incurred or alleged to have been incurred by parties considering a Response to and/or responding to this Solicitation. All such costs shall be borne solely by each proposer.
The submission of a Response shall be prima facie evidence that the Vendor is familiar with and agrees to comply with the contents of this Solicitation.
Builder’s Risk Insurance written on an “All Risk” basis equal to one hundred percent (100%) of the completed project value, including the interests of the City, Vendor, and subcontractors. Deductibles not to exceed 5% for Named Windstorm and $20,000 per claim for all other perils.
The Contractor, at all times, shall conduct the work in such a manner as to ensure the least practicable obstruction to all forms of traffic. The convenience of the general public, tenants, and of the residents along and/or adjacent to the improvement shall be provided for. Equipment and/or materials stored upon the project shall be placed to cause a minimum of obstruction to the public. The Contractor shall, unless otherwise specified, provide, and maintain in passable condition such temporary access, roads and bridges as may be necessary to accommodate traffic diverted from the project under construction, or using the project under construction and shall provide and maintain in a safe condition temporary approaches to, and crossings of the project. Existing City facilities planned to be removed, but which might be of service to the public during construction are not to be disturbed until other and adequate provisions are made. Existing mailboxes shall be maintained or reset in positions accessible to the public and to mail deliveries during construction and subsequent to construction in their final locations in a satisfactory condition. Fire hydrants on or adjacent to the project shall be kept accessible to fire apparatus at all times, and no material or obstruction shall be placed within 15 feet of any such hydrant. All footways, gutters, sewer inlets and portions of the project adjoining the work under construction shall not be obstructed more than is absolutely necessary. Work closed for the winter, or at any other times, shall be left entirely accessible at all points to fire apparatus.
Proposers shall thoroughly examine this Solicitation, and if applicable to this Solicitation, all other drawings, documents or other materials referred to herein and conduct investigations and site visits to completely understand the scope of project, project site conditions, and all other conditions relative to compliance with the Agreement. No plea of ignorance by the Vendor of conditions that exist or that may hereafter exist, as a result of failure or omission on the part of the Vendor to make said investigations and visits, and/or failure to fulfill in every detail the requirements of this Solicitation and the Agreement will be accepted as a basis for varying the requirements of the City or the compensation of the selected Vendor(s).
The Vendor is required to carefully examine the specifications and be thoroughly informed regarding any and all conditions and requirements that may in any manner affect the work to be performed under the contract. No additional allowances will be made because of lack of knowledge of these conditions. It is further understood and agreed that each Vendor is solely responsible for all assumptions, deductions, or conclusions which they make or obtain from their examination of information made available by the City.
Responses received after the closing time and date, for any reason whatsoever, will not be considered.
Any disputes regarding timely receipt of Responses shall be decided in favor of The City of Frederick.
The existence of utilities other than those shown on any attached drawings is not known. If during construction operations the Bidder should encounter utilities, they shall immediately notify the City and take all the necessary and proper steps to protect the continuance of services of such facilities.
Any expense likely to be incurred by the Bidder as a result of such work, as well as cooperation with the owners in adjustments, will not be measured or compensated for under any stipulated pay item, but all such costs to the Bidder occurring there from shall be included in the bid for those pay items set up in the proposal affected by such work.
It shall be the Bidder's responsibility to notify the following utilities or agencies for utility locates and approvals to proceed with work, at least five (5) working days prior to proceeding with an excavation or construction:
Miss Utility
Potomac Edison
Washington Gas Company
Verizon
Comcast
City of Frederick Public Works
The Contractor shall coordinate the raising of all utility structures to proposed finish grade with the owner of that particular utility (Example: Sanitary sewer manholes - City Sewer Department, Valve Boxes - City Water Department).
The Contractor shall be responsible for minimizing the disturbed area and for restoring all disturbed or destroyed features.
The Contractor is responsible for the repair of any utilities damaged by the Contractor or its sub-contractors.
The City will not be responsible for any cost incurred by any Vendor in the preparation of their Response.
Where required, the contractor shall coordinate the placement of “No Parking” signs with the Department of Public Works at 301-600-1440 for streets to be overlaid on a given day. “No Parking” signs must be placed at least 48 hours prior to performing any work on a street and must identify the date and hours of the proposed work.
It shall be the Vendor’s responsibility to duly note on their submittal if any information in their submitted Response contains proprietary information and the context under which same should be handled by reviewers. Vendors shall not mark sections of their Response as proprietary or confidential if they are to be part of the award of the Contract/Agreement and are of a "material" nature (i.e., prices). Material information may be required to be released in accordance with the Public Information Act.
The requirement of Prevailing Wages shall be required for this project should the bid exceed $250,000.
It is the policy of The City of Frederick that the evaluation and award process for City contracts shall be free from both actual and perceived impropriety, and that contacts between potential vendors and City officials, elected officials and staff regarding pending awards of City contracts shall be prohibited.
No person, firm, or business entity, however situated or composed, obtaining a copy of or responding to this solicitation, shall initiate or continue any verbal or written communication regarding this solicitation with any City officer, elected official, employee, or designated City representative, between the date of the issuance of this solicitation and the date of the City’s recommendation to the City Council for award of the subject contract, except as may otherwise be specifically authorized and permitted by the terms and conditions of this solicitation.
All verbal and written communications initiated by such person, firm, or entity regarding this solicitation, if same are authorized and permitted by the terms and conditions of this solicitation, shall be directed to the Manager of Procurement.
Any violation of this prohibition of the initiation or continuation of verbal or written communications with City officers, elected officials, employees, or designated City representatives shall result in a written finding by the Manager of Procurement that the Response of the person, firm, or entity in violation is “non-responsive,” and same shall not be considered for award.
Based on the availability of M/WBEs in the various classes of work associated with this project, the goals have been set at the following percentages of the total bid price.
TBD
In order to show that it has made good faith efforts to meet the M/WBE participation goal on a contract, the bidder/offeror must either (1) meet the M/WBE Goal(s) and document its commitments for participation of M/WBE Firms, or (2) when it does not meet the M/WBE Goal(s), document its Good Faith Efforts to meet the goal(s). The bidder/offeror is REQUIRED to submit a completed M/WBE Participation Form which has been included in this bid package. The form contains additional information and definitions for Minority-Owned and Woman-Owned Business Enterprises (M/WBE).
Refer to definition section of the City of Frederick M/WBE Participation Form included in in the BID SUBMISSION REQUIREMENTS section of this bid package for proper classification of minority-owned and women-owned businesses. If percentages cannot be met and good faith efforts (as defined in our participation form) has been satisfactorily demonstrated, the City will consider this requirement met. The requirements are set for the total contract value on all bid items.
The original Solicitation conditions and specifications cannot be changed or altered in any way. Altered bids will not be considered. Clarification of Responses submitted shall be in letter form, signed by Vendors and attached to the Response.
The Vendor shall agree to furnish all goods/services specified in this Solicitation at the prices or rates quoted on their submitted Response. The Vendor shall agree that their submitted Response will remain fixed and firm for a period of up to one hundred and twenty (120) days from the response due date, in order to allow the City adequate time to evaluate the Responses. Furthermore, the Vendor shall agree to abide by all conditions of the Solicitation.
It is the goal of MDOT that disadvantaged business enterprises (DBE) participate in all federal-aid contracts. Each contract will be evaluated for the placement of a goal for DBE participation on a contract-by-contract basis. MDOT certified DBE firms are encouraged to respond to this solicitation. The MDOT MBE website is https://www.mdot.maryland.gov/tso/pages/index.aspx?pageid=91.
There is a TBD DBE goal established for this contract. DBE proposers must meet the established DBE goal by either their own forces or approved DBE subcontractor(s).
This Solicitation is subject to the policy and procedures of the Small Business Reserve Program listed in The City of Frederick Purchasing Policies, available at: https://cityoffrederickmd.gov/DocumentCenter/View/5561/21-17-Revised-Purchasing-Policies-and-Procedures?bidId=.
To qualify, Bidder must submit a copy of their SBR Certification in the BID SUBMISSION REQUIREMENTS section of this IFB.
If a Bid Bond is required, it shall be submitted with the Response in the amount specified in Special Conditions. After acceptance of the Response, if required, the City will notify the successful Vendor to submit a Performance Surety, Labor and Materialmen’s Bond, and Certificate of Insurance. Upon final completion and acceptance, a two-year Maintenance Bond may be required.
This project is to be performed on a lump sum and unit price basis as indicated on the Bid Form.
A unit price is an amount proposed by the Bidder and stated on the Bid Form as a price per unit of measurement for work performed on the project.
All quantities on the Bid Form are to be considered as approximate and are to be used only for comparison of bids. The actual quantities may be increased or decreased. Payment to the Bidder will be made only for the actual quantities of work performed and materials furnished at the specified quantity measurement unit (i.e., SF, LF) multiplied by the Contract Unit Price in accordance with the Plans and Specifications.
Adjustments will not be permitted based on quantity measurement of the actual work (i.e., square foot bid items will not be paid based on volumetric calculations). The scheduled estimated quantities of work to be done and materials to be furnished may be increased or decreased or entirely deleted, in the sole judgment of The City of Frederick if such changes become necessary for the best interest of the project, due to circumstances not known at the time the Contract was entered into or arising thereafter, without in any way invalidating the Unit and Lump Sum prices set forth in the Bid Form and embodied in the Contract.
This contract shall commence upon final execution of the contract and remain in effect until project final completion which shall be during a two-week period prior to September 30, 2026. Notice to Proceed will be issued by the Project Manager.
The Consultant is responsible for submitting a detailed Project Schedule for the completion of all work as described in this IFB. The Consultant will be required to complete all work as outlined in this IFB in accordance with said schedule.
Pre-award inspection of Vendor’s facility may be made prior to the award of a contract. Responses will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Solicitation. Vendors must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial support, equipment, and organization to ensure that they can satisfactorily execute the services if awarded a contract under the terms and conditions herein stated. The terms “equipment and organization” as used herein shall be construed to mean a fully equipped and well-established company in line with the best business practices in the industry and as determined by The City of Frederick.
The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Vendor, including past performance (experience) with the City in making the award in the best interest of the City. The City may require Vendors to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the product to be supplied to the City through the designated representative. Any conflicts between this material information provided by the source of supply and the information contained in the Vendor’s submission may render their Response non-responsive.
The City may, during the period that the Contract between the City and the Contractor is in force, review the Contractor’s record of performance to ensure that the Contractor is continuing to provide sufficient financial support, equipment, and organization as prescribed in this solicitation.
Irrespective of the Vendor’s performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful Vendor no longer possesses the financial support, equipment, and organization which would have been necessary during the Response evaluation period in order to comply with this demonstration of competency section.
This contract shall commence upon final execution of the contract document. The initial term of the contract shall be for one (1) year with the option to renew for up to four (4), one (1) year renewals.
This Solicitation is subject to the policy and procedures of the Local Preference Policy listed in The City of Frederick Purchasing Policies, available at: https://cityoffrederickmd.gov/DocumentCenter/View/5561/21-17-Revised-Purchasing-Policies-and-Procedures?bidId=.
This “Local Preference” policy supersedes any other provision within the Purchasing Policies to the extent of any inconsistency.
This contract shall commence upon final execution of the contract document.
This Solicitation is subject to the policy and procedures of the Small Business Reserve Program listed in The City of Frederick Purchasing Policies, available at: https://cityoffrederickmd.gov/DocumentCenter/View/5561/21-17-Revised-Purchasing-Policies-and-Procedures?bidId=.
Procurement in professional services or other services valued more than $10,000 are available for bid and award only to certified Small Business Enterprises (“SBEs”). Procurement contracts for vehicle, industrial equipment and machinery, chemical, or software purchases are exempt from the Small Business Reserve program if it is determined by the Manager of Equity and Inclusion, in consultation with the Manager of Procurement and the Chief Financial Officer, to (a) be in the best interest of the City and (b) the results of our due diligence process will not lead to available or responsive SBEs.
The Manager of Equity and Inclusion or the Manager of Procurement, in consultation with the Chief Financial Officer, may designate additional procurement contracts otherwise reserved for SBEs to be exempt from this program. The exemption decision for a particular contract is discretionary on the part of the Manager of Equity and Inclusion or the Manager of Procurement and should be applied only where there is not a reasonable expectation that there will be at least three (3) responsible and responsive Responses by certified SBEs or that the award will be made at a fair market price/value. Exemption may also be applied when the use of an SBE for a procurement contract would create an undue fiscal burden on the city and is necessary to maintain the health and safety of residents in a timely fashion.
The intention of this Small Business Reserve policy is to increase opportunities for SBEs to perform as prime contractors on City projects/contracts, growing capacity and gaining valuable experience. Accordingly, to obtain a small business reserve program contract, the bidding SBE must self-perform a significant percentage of the contracted work (a minimum of 50 percent), limiting its ability to subcontract the work.
Certification and Applicable Size Standards
SBE Graduation from NAICS Size Standard: If an SBE (together with any affiliate(s)) has exceeded the graduation criteria in the NAICS major group that matches the SBE’s Primary Business, the SBE shall be deemed to be graduated from SBE Certification, and thus, from this Program. In such event, the SBE and its affiliate(s) shall no longer be considered eligible to participate.
Construction drawings and supplemental specifications accompany these specifications and show the extent of work to be done under this contract. The Bidder shall confine their operation within the limits of new work to be done as indicated on the drawings and to any other area as approved in writing by the City for storage of material, field offices and other features required for performing the work.
This Solicitation is subject to the policy and procedures of the M/WBE Policy listed in The City of Frederick Purchasing Policies, available at: https://cityoffrederickmd.gov/DocumentCenter/View/5561/21-17-Revised-Purchasing-Policies-and-Procedures?bidId=.
The City of Frederick recognizes the importance and responsibility of awarding contracts to those businesses socially and/or economically disadvantaged and it is the policy of the City to utilize Minority and Women Owned Business Enterprises in all aspects of contracting.
The City of Frederick strongly encourages utilization of MWBEs in all aspects of City contacting and public private partnership agreements, requires Vendors to operate in good faith in seeking to subcontract a portion of prime contracts to MWBE small businesses, and sets Annual Aspirational Goals for MWBE participation. Accordingly, all proposers must agree to seek meaningful subcontractor opportunities with MWBE firms and to provide the City with a completed MWBE Participation Form with its Response.
An additional 2% subcontract goal for Service-Disabled Veteran Owned Businesses (SDVOSB) will be applied on a contract-by contract basis provided that there are subcontracting opportunities available for the contract; and there are at least three SDVOSBs that are available and capable to perform a commercially useful function for the subcontracting opportunities on the contract.
At the City’s request, proposers must furnish evidence of inclusion efforts/achievement such as copies of agreements with MWBE subcontractors, either before contract execution or during contract performance. The winning proposer must request written approval from the Procurement Department for any changes to the inclusion plan once it is agreed upon. This includes changes to goals, subcontractor awards, and outreach efforts.
The City reserves the right to extend the Response due date when no responses or only one (1) response is received.
These specifications describe the various items or classes of work required, enumerating, or defining the extent of same necessary, but failure to list any item or classes under scope of the several sections shall not relieve the Bidder from furnishing, installing or performing such work where required by any part of these specifications, or necessary to the satisfactory completion of the project. The Bidder's bid shall include performing all work required by the documents for a complete and functional project. The Bid Form is a generalized breakdown of pricing only, not a scope of work document.
All Responses must be received by 3:00 pm on Friday, April 3, 2026. The Response time must be and shall be scrupulously observed.
Exception to the specifications shall be detailed in a document and uploaded in the BID SUBMISSION REQUIREMENTS section of this IFB. Any exceptions to the General or Special Conditions may be cause for the Bid to be considered non-responsive.
Nothing contained in this IFB will be deemed or construed to create a partnership or joint venture between The City of Frederick and Bidder, or to create any other relationship between the parties.
All information required by the Solicitation must be supplied to constitute a regular, complete Response.
If any provision of the Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of the Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of the Contract shall be valid and enforced to the fullest extent permitted by law.
In accordance with Maryland COMAR 21.05.02.14 tie bids are responsive responses from responsive Vendors that are identical in price, terms, and conditions and which meet all the requirements and evaluation criteria set forth in the Solicitation. In the event of tie bids, the City will use said COMAR regulation to determine the award of the Contract.
Unless canceled or rejected, the responsive response from the Vendor determined to best meet the City’s needs in accordance with the evaluation criteria stated in the Solicitation shall be accepted as submitted, except that if the cost of the recommended award exceeds available funds, in which case the designated official may negotiate with the apparent recommended Vendor to obtain a contract within available funds. Such negotiated adjustment shall be based upon eliminating, in order, independent deductive items specified in the Solicitation, reduction in unit price or reduction in Scope of Work.
Except as otherwise expressly provided in this Invitation for Bid, all covenants, conditions and provisions of the resultant Contract shall be binding upon and shall insure to the benefit of the parties hereto and their respective heirs, legal representatives, successors, and assigns.
In the best interest of The City of Frederick, the City reserves the right to reject all Responses or any portion of any Response they deem necessary for the best interest of the City, or to waive formalities, informalities, and technicalities, therein. The City reserves the right to contact a Vendor for clarification and may, at its sole discretion, allow a Vendor to correct any and all formalities, informalities and technicalities in the best interest of the City, to accept any item or group of items unless qualified by the Vendor, to acquire additional quantities at prices quoted on the Response unless additional quantities are not acceptable, in which case the Response must be noted “Bid is for Specified Quantity Only.” All awards made as a result of this Solicitation shall conform to applicable Maryland Statutes.
In the event that the City receives a single Response to a solicitation, the City reserves the right to turn the single Response into a negotiated procurement. The City also reserves the right to enter into negotiations for a best and final offer from the apparent recommended Vendor if it is deemed in the best interest of the City to do so.
Award will be made to the responsible and responsive Vendor whose Response is determined to provide the best value to the City in accordance with the evaluation criteria stated in the Solicitation.
For the purposes of this Solicitation, Responsiveness means that the Vendor’s Response complies with all the material requirements of the Solicitation.
Responsibility refers to the Vendor’s capability and integrity to perform successfully under the terms of the proposed contract. Briefly, a responsible Vendor has adequate financial resources or the ability to obtain said resources; can comply with required delivery considering other business commitments; has a satisfactory performance record; has a satisfactory record of integrity and business ethics; and has the necessary organization, experience, and technical skills.
While the City may determine to award a contract to a Vendor under this solicitation, said award may be conditional on the subsequent submission of other documents as specified in the Special Conditions.
The City may, at its sole option, seek monetary restitution from the Vendor as a result of damages or excess costs sustained and/or may prohibit the Vendor from submitting future Responses for a period of one year.
The City reserves the right to refuse to accept any Response from any person, firm or corporation that is in arrears or is in default to the City or has failed to perform faithfully any previous contract with the City.
Prior to making an Award, the City may evaluate a Vendor’s qualifications and capability to perform the work based on documents submitted with the Response.
If the City determines that the information submitted with the Response is not sufficient to decide as to whether a Vendor is Responsible, additional information relating to the Vendor’s financial status or technical abilities may be requested by the City to evaluate whether a Vendor may be considered a Responsible Bidder. In this case, the Vendor shall present such requested information within five (5) working days from the request in order to remain a Responsive Vendor.
Any alterations to the Solicitation or Response document made by the Vendor may be grounds for rejection of the Response, cancellation of any subsequent award, or any other legal remedies available to The City of Frederick.
The Bidder shall submit a project schedule with their bid. This schedule shall be prepared using an electronic scheduling program software such as MS Project, Primavera, or similar. Key milestone events and their durations shall be identified in this schedule. The Time of Year Restriction for work within the stream is March 1 through May 31. Any preparation of the project or at grade work above the normal water level may proceed.
The scope of work will be finalized as part of a final agreement. Once the Agreement is approved, the City will issue a notice to proceed and will provide the Vendor with access to any additional records, plans, information, files, etc. which relate to the scope of work. No change from the agreed upon scope of work will occur without written authorization from the assigned City of Frederick Project Manager.
The Bidder agrees to pay the City liquidated damages in the amount of $500 per calendar day beyond the required Substantial Completion date. The Bidder or City, respectively, shall not be liable for any loss or damage, resulting from any delay or failure to perform its contractual obligations within the time specified, due to acts of God, actions or regulations by any governmental entity or representative, strikes or other labor trouble, fire, embargoes, or other transportation delays, damage to or destruction in whole or in part, of equipment or manufacturing plant, lack of or ability to obtain raw materials, labor, fuel or supplies for any reason including default of suppliers, or any other causes, contingencies or circumstances not subject to the Bidder's or City's control, respectively, whether of a similar or dissimilar nature, which prevent or hinder the performance of the Bidder's or City's contractual obligations, respectively.
Any such causes of delay, even though existing on the date of the Contract or on the date of the start of Work, shall extend the time of the Bidder's or City's performance respectively, by the length of the delays occasioned thereby, including delays reasonably incident to the resumption of normal Work schedules.
However, under such circumstances as described herein, the City Purchasing Manager may at their discretion, cancel the Contract for the convenience of the City.
The Bidder is advised that encroachment onto private property for storage or to facilitate construction activity will not be permitted, unless said additional right of way and/or easement areas shall be obtained by the Bidder at no additional costs to The City of Frederick. All work must therefore be performed within the public right of way or within easements approved for such use. The Bidder will not cause damage to any private property during the progress of the work.
A Protestor can be any actual or prospective Bidder, Offeror, or Contractor who is aggrieved in connection with the solicitation or the award of a contract and who files the protest. Protestors may protest to the award of a contract for supplies, services, or construction. The protest shall be in writing and addressed to the Manager of Procurement. Protest based upon alleged improprieties in any type of solicitation which are apparent before the due date and time shall be filed before the due date and time. In all cases, protests shall be filed not later than seven (7) days after the basis for the protest is known or should have been known, whichever is earlier.
The term “filed” means receipt by the Purchasing Department. Any protest filed after the time limit prescribed above shall not be considered.
The written protest shall include as a minimum the following:
The Manager of Procurement shall submit a copy of the protest to the City Attorney upon receipt.
Any additional information requested of the Protestor by the Manager of Procurement shall be submitted within five (5) days after receipt of that request in order to expedite consideration of the protest. Failure to comply with a request for information by the Manager of Procurement may result in a resolution of the protest without consideration of any information, which is untimely filed pursuant to such request.
Upon written request, the Manager of Procurement shall make available to any interested party information submitted that bears on the substance of the protest except when information is proprietary or otherwise permitted or required to be withheld by law or regulation.
A decision on a protest shall be made by the Manager of Procurement in writing as expeditiously as possible after receiving all relevant information. Before issuance, the decision of the Manager of Procurement shall be reviewed by the City Attorney.
Should the department head of the City agency originating the solicitation, or the Protestor disapprove of the Manager of Procurement’s decision, they may appeal the decision to the City Council within seven (7) days after receipt of the decision. All information used to support the protest and the decision of the Manager of Procurement shall be made available to the Mayor and City Council.
A written decision on the protest shall be made expeditiously by the City and deemed the final action on the protest.
All permits shall be obtained by the Bidder in accordance with the General Provisions.
Vendor shall indemnify, protect, defend, and hold harmless the City, the City's representatives, and their respective officers, directors, elected and appointed officers, officials, partners, employees, and agents (“City Indemnitees”) from and against all liability, claims, demands, damages, losses, liens, causes of action, suits, judgments, fines, penalties, costs and expenses (including, without limitation, reasonable attorney fees and costs of defense ), of any nature, kind, or description claimed, asserted, or prosecuted by any person or entity whomsoever, to the extent caused by:
This indemnity obligation shall survive the termination or expiration of this Contract but shall not otherwise extend any applicable statute of limitations or statute of repose. This indemnity obligation shall be in addition to, and not in lieu of, any and all other liability which the Vendor has or may have to any party indemnified hereunder or to third parties as a matter of law. Vendor's obligations hereunder shall not be limited by any insurance coverage required by this Contract.
Federal, State, County and City laws, ordinances, rules and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Vendor will in no way be cause for relief from responsibility.
If a bidder is awarded a contract under this solicitation, the prices quoted by the Bidder on the Bid Form shall remain fixed and firm during the term of this contract; provided however, that the Bidder may offer incentive discounts from this fixed price to the City at any time during the contractual term.
Payment will be made as outlined herein, after award of contract on a monthly basis based on work performed during the previous month and material stored less retainage of five (5%) percent. All work shall comply with awarded specifications, free of damage or defect and be properly installed.
Invoices will be subject to verification and approval by the assigned City Project Manager or their designee. Payment will not be made for work performed without the required authorization and/or direction of the City Project Manager, or their representative, or for work performed beyond those limits as directed or as indicated in the Contract.
The Vendor shall obtain and pay for all licenses, permits and inspection fees required for this project; and shall comply with all laws, ordinances, regulations and building code requirements applicable to the work contemplated herein.
The laws of the State of Maryland shall govern the validity and effect of this Contract. The parties agree that any action, arising out of this Contract, shall take place in Frederick County, Maryland.
In the event of a dispute between the parties of this contract involving $10,000.00 or less, regarding the terms of Contract or the performance under the Contract, the issue involved in the dispute shall be subject to a determination by the Chief Financial Officer, or in their absence, such other official as designated by The City of Frederick. The decision shall be final and binding on the parties in dispute, and conclusive of the issue.
Notice of a request for the determination shall be sent in writing to the other party. Unless otherwise agreed, the Contractor shall continue to carry out work and maintain progress during any dispute proceeding, and The City of Frederick shall continue to make payments to the Contractor in accordance with the Contract documents.
Payment will be made as outlined herein, after award of contract on a monthly basis based on work performed/goods received during the previous month. All work shall comply with awarded specifications, free of damage or defect and be properly installed.
Invoices will be subject to verification and approval by the assigned City Project Manager or their designee. Payment will not be made for work performed without the required authorization and/or direction of the City Project Manager, or their representative, or for work performed beyond those limits as directed or as indicated in the Contract.
The Vendor, without exception, shall indemnify and save harmless The City of Frederick and its employees from liability of any nature or kind, including cost and expense for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the Contract, including its use by The City of Frederick.
If the Vendor uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work.
The Contract will represent the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the Contract conflicts with, modifies, alters, or changes any of the terms and conditions contained in the Invitation for Bid and/or Responses; then the Bid and then the Response shall control. The Contract may be modified only by a written agreement signed by The City of Frederick and the Bidder.
Inspection and acceptance will be destination unless otherwise provided. Title to/or risk of loss or damage to all items shall be the responsibility of the successful Vendor until acceptance by the City unless loss or damage results from negligence by the City. If the materials or services supplied to the City are found to be defective or to not conform to specifications, the City reserves the right to cancel the order upon written notice and return the product at the Contractor’s expense.
Bid Bond
Each bid must be accompanied by a Bid Bond. The Bid Bond of the successful Bidder will be retained until receipt of 100% Performance Bond is received. All Sureties are to be in accordance with The City of Frederick’s policy. The Bid Bond is 5% of the bid price.
UPON NOTICE OF AWARD:
Performance Bond
Within ten (10) working days following notice of award by the City, the successful Bidder will be required to submit a 100% Performance Bond, in accordance with The City of Frederick policy on acceptance of security for City contracts.
Labor and Materialmen’s Bond (Payment Bond)
Within ten (10) working days following notice of award by the City, the successful Bidder will be required to submit a 100% Materialmen’s Bond in accordance with The City of Frederick’s policy.
UPON NOTICE OF SUBSTANTIAL COMPLETION:
Maintenance Bond
Prior to final acceptance and prior to the release of the Performance Bond, the Contractor shall furnish a two (2) year Maintenance Bond, in accordance with The City of Frederick’s policy. This Bond shall be held by the City for the Full Warranty Period which will begin on the date of final acceptance.
The City, without invalidating the Contract, shall have the right at any time during the progress of the Work, to order extra work or make changes by altering, adding to, or deducting from the work, the Contract Sum being adjusted accordingly. Change Orders must be approved by the Project Manager, before the work under the change commences. All such work shall be executed under the conditions of the original Contract. Claim for extension of time caused thereby shall be made per the provisions of "Delays and Extension of Time."
In giving instructions, the City shall have authority to make minor changes in the Work, not involving extra cost, and not inconsistent with the purposes of the work, but otherwise, except in an emergency endangering life or property, no extra work or change shall be made unless preceded by a written order of the City and no claim for an addition to the Contract Sum shall be valid unless so ordered. The City shall not be liable to the Bidder for any increased compensation without such written order. No officer, employee or agent of the City is authorized to direct any extra or changed work verbally.
The value of any such extra work or change shall be determined in one or more of the following ways and included in the approved change order.
In the event the parties agree on the application of (c) above, a not-to-exceed amount will be included for approval in the change order. In this circumstance, the Bidder shall keep and present in such form as the City may direct, a correct account of the net cost of labor and materials, together with vouchers, for application against the approved not-to-exceed amount in the change order. The Bidder may invoice for overhead and profit or fee arising from such work in the last invoice under the change order, all of which is to be applied against the not-to-exceed amount.
Any balance remaining in the not-to-exceed amount after final payment under the change order shall be adjusted out by change order.
If the Bidder claims an equitable adjustment and agreement cannot be reached on price, it shall be calculated using the following maximum percentages for overhead and profit to his costs for labor, materials, and equipment.
The Bidder's cost, for additional work or changes requested by the City, which results in an approved extension of time to the Contract, shall be limited to the cost of the extra work determined in one or more of the three ways described previously, and the actual wage or salary paid for the on-site job superintendent in direct employ of Bidder in performance of the work. This amount shall be prorated to the actual amount of extra time approved and shall only include the direct amount paid to the superintendent plus actual cost of all overhead items applicable to payroll for that position, such as insurance, taxes, FICA, worker's comp, unemployment taxes and benefits.
Note:
American Association of Cost Engineers
The AACE defines direct costs as “...costs of installed equipment, material, and labor directly involved in the physical construction of the permanent facility.”
The AACE defines indirect costs as “...all costs which do not become a final part of the installation, but which are required for its orderly completion. It includes (but is not limited to): field administration, direct supervision, capital tools, some start-up costs, Contractor's fees, insurance, taxes, etc.”
The Vendor shall not assign, transfer, convey, sublet, or otherwise dispose of this contract, including any or all of its right, title or interest therein, or his or its power to execute such contract to any person, company or corporation without prior written consent of The City of Frederick.
The City of Frederick will not accept substitute shipments of any kind. The Vendor is expected to furnish the brand quoted in their Response once awarded. Any substitute shipments will be returned at the Vendor’s expense.
If the Bidder claims that any additional instructions by drawings or otherwise involve extra cost under the Contract, they shall give the City written notice thereof within a reasonable time after the receipt of such instructions, and in any event before proceeding to execute the work, except in an emergency endangering life or property. The procedure shall then be as provided for in "Changes in the Work." No such claim shall be valid unless so made.
Invoices, unless otherwise indicated, must show the Purchase Order number, and be submitted to:
The City of Frederick
Accounts Payable
111 Airport Drive East
Frederick, Maryland 21701
or by email to invoices@cityoffrederickmd.gov (preferred).
If the City deems it not expedient to correct work done, that was not in accordance with the Contract documents, an equitable deduction from the Contract price shall be made therefor.
The Bidder shall promptly remove from the premises all materials condemned by the City as failing to conform to the Contract, whether incorporated in the work or not, and the Bidder shall promptly replace and re-execute their own work in accordance with the Contract and without expense to the City and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal or replacement.
If the Bidder does not remove such condemned work and materials within a reasonable time, fixed by written notice, the City may remove them and may store the material at the expense of the Bidder. If the Bidder does not pay the expense of such removal within ten (10) days’ time thereafter, the City may, upon ten (10) days written notice, sell such materials at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs and expenses that should have been borne by the Bidder.
The Vendor shall pay all taxes, levies, duties, and assessments of any nature which may be applicable to any work under this Contract. The Contract amount and any approved change order amounts shall include all taxes imposed by law. The Vendor shall make any and all payroll deductions required by law. The Vendor herein indemnifies and holds the City harmless from any liability regarding any and all such taxes, levies, duties, assessments, and deductions.
The price quoted to supply labor and/or materials to The City of Frederick shall include all costs necessary for the complete performance of the work in full conformity with the conditions of the Solicitation and shall include all licenses and permit fees and all applicable Federal, State, County, Municipal, or other taxes due by the Contractor.
The Vendor is responsible for, and by submitting a Response agrees to pay, all retail sales, income, real estate, sales and use, transportation, and special taxes applicable to and assessable against any materials, equipment, processes, and operation incident to or involving in the construction.
The Contractor is responsible for ascertaining and acquainting themselves with such taxes and making all necessary arrangements to pay same.
If the Bidder be delayed at any time in the progress of the Work by any act or neglect of the City or of its employees or by any other Contractor employed by the City, or by changes ordered in the Work, or by strikes, lockouts, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Bidder's control, or by any cause which the City shall decide to justify the delay, then the time of completion shall be extended for such reasonable time as the City may decide.
Claims for extension of time must be submitted in writing to the City for review and approval by the Project Manager or designee. The completion date will be extended, if necessary, by the approved number of calendar days. Approval of time extension for delays may require the verification of a daily log maintained by the superintendent at the job site. The daily log should segregate and document each individual delay occurrence, and then separately track the job costs attributable to changes in the work. Failure to maintain the daily log in the manner described above may result in the City's denial of the claim for time extension.
The Bidder should request a time extension no later than seven (7) days after the initiation of that delay. In the case of a continuing cause of delay, only one claim is necessary.
If the Bidder has requested detail drawings and instructions, no request for delay shall be approved on account of the City's failure to furnish drawings until two (2) weeks after demand for such drawings.
Should unforeseen conditions be encountered it will be necessary for the Bidder to discuss the issue(s) with the City to determine the course of action. In an instance where unforeseen conditions exist, the price of remedial work will be negotiated on a ‘per occurrence’ basis.
The Vendor warrants that the product supplied to The City of Frederick shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be considered a breach of contract. Any fines levied because of inadequacies to comply with these requirements shall be borne solely by the contractor responsible for same.
Vendor agrees to comply with all Federal and State regulations pertaining to employee safety and health (MOSHA, OSHA, DOT, etc.). The City of Frederick reserves the right to review the Vendor’s Safety and Health Program on request and during the duration of the contract shall conduct periodic monitoring of the Vendor’s safety performance (e.g., wearing of appropriate personal protective equipment, etc.). If a safety concern of imminent danger is noted the City shall reserve the right to stop all work immediately until the safety concern is adequately addressed.
The Bidder will be required to guarantee all work performed for a period of two (2) years from the date of final acceptance of the work by the City. The guarantee shall include defects in workmanship, materials, and installation.
The selected Vendor is required to retain the Material Safety Data for all chemicals used in the execution of their work and have it available for inspection by the City.
Neither the final certificate nor payment nor any provision in the Contract documents shall relieve the Bidder of responsibility for faulty materials and workmanship. Unless otherwise specified, they shall remedy any defects and pay for any damage to other work resulting there from, which shall appear within the guarantee period. The City shall give notice of observed defects with reasonable promptness.
Property owned by The City of Frederick is the responsibility of The City of Frederick. Such property furnished to a Vendor for repair, modification, study, etc., shall remain the property of The City of Frederick. Damages to such property occurring while in the possession of the Vendor shall be the responsibility of the Vendor. Damages occurring to such property while in route to The City of Frederick shall be the responsibility of the Vendor. In the event such property is destroyed or declared a total loss, the Vendor shall be responsible for replacement value of the property at the current market value, less depreciation of the property if any.
The City is committed to protecting its employees and visitors from exposure to the harmful effects of secondhand smoke. The smoking of any tobacco product is prohibited in any indoor City of Frederick facility, in any City-owned vehicle, in any private vehicle when the employee uses it in the course of employment and more than one employee occupies the vehicle, and within a 25-foot perimeter of any entrance or exit to all facilities within which City employees have permanent offices. "Smoking" means igniting, inhaling, exhaling, burning, vaping, operating, or carrying any lighted cigar, cigarette, pipe, hookah, electronic smoking device, tobacco product, or any other combustible substance including marijuana.
In addition to any other warranties at law or set out elsewhere in this Invitation for Bid, the Bidder warrants for two (2) years after the substantial completion of the Work, that work performed under the Contract conforms to the Contract requirements and is free of any defect of equipment, material and/or design furnished, or workmanship performed by the Bidder or any of their Subcontractor(s) or Supplier(s). With respect to any part of the Work, which the City takes possession of prior to final acceptance, such warranty shall continue for a period of two (2) years from the date the City takes possession.
Under this warranty, the Bidder shall remedy at their own expense any such failure to conform or any such defect. In addition, the Bidder shall remedy at their own expense any damage to City owned or controlled real or personal property, when that damage is the result of the Bidder's failure to conform to Contract requirements or any such defect of equipment, material, workmanship, and/or design.
The Bidder shall also restore any work damaged in fulfilling the terms of the clause. The Bidder's warranty with respect to work repaired or replaced hereunder will run for two (2) years from the date of such repair or replacement. An additional time period for an extended warranty, supported by a bond, may be required to ensure that the repair or replacement will perform as desired.
The City shall notify the Bidder in writing within a reasonable time after the discovery of any failure, defect, or damage.
Should the Bidder fail to remedy any failure, defect, or damage as described above within reasonable time, being no longer than twenty (20) calendar days, after receipt of notice thereof, the City shall have the right to replace, repair, or otherwise remedy such failure, defect, or damage at the Bidder's expense.
In addition to the other rights and remedies provided by this clause, all subcontractor’s, manufacturer’s, and supplier’s warranties expressed or implied, respecting any work and/or materials, shall, at the direction of the City, be enforced by the Bidder for the benefit of the City.
In such case if the Bidders' warranty as described above has expired, any suit directed by the City to enforce subcontractor’s, manufacturer’s, or supplier’s warranty shall be at the expense of the City. The Bidder shall obtain any warranties which the subcontractors, manufacturers, or suppliers would give in normal commercial practice.
If directed by the City Project Manager or their representative, the Bidder shall require any such warranties to be executed in writing to the City.
Notwithstanding any other provision of this clause, the Bidder is not relieved of the responsibility for the proper installation of any material furnished by the City and/or construction of the improvement to the design furnished by the City. The warranty specified herein shall not limit the City's rights under the "Acceptance" clause.
When Vendors are required to enter or go onto City of Frederick property to deliver materials or perform work or service as a result of a proposal award, the Vendor will assume the full duty, obligation, and expense of obtaining all necessary licenses, permits and insurance and assure all work complies with all applicable Frederick County and City of Frederick building requirements and State of Maryland Building Code.
The Vendor, Contractor, and any subcontractors must be licensed to do business in the State of Maryland. The Vendor shall be liable for any damages of loss to the City occasioned by negligence of the Vendor (or agent) or any person the Vendor has designated in the completion of the contract as a result of their Response.
Additional specifications, drawings, requirements, or supplemental information can be found in the ATTACHEMENTS section of this IFB.
The City will conduct an onsite kickoff meeting and weekly progress meetings at a time suitable to both parties. The progress of the Work shall be reported upon with reference to previously submitted progress schedules. Responsibility will rest with the Bidder concerning competent representation of Subcontractors. Minutes of these meetings shall be taken by the Bidder and distributed to the City’s Project Manager, Inspector, and Contractor not more than three (3) days after each meeting.
In the event of default on a contract, the Vendor shall pay all attorneys’ fees and court costs incurred in collecting any liquidated damages.
In the event any of the provisions of the Solicitation are violated by the Vendor, the Manager of Procurement shall give written notice to the Vendor stating the deficiencies and unless deficiencies are corrected within ten (10) days, the contract will be subject to immediate cancellation.
If the Vendor defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City may terminate this Contract, in whole or in part, upon written notice without penalty to The City of Frederick. In such event the Vendor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if,
it is determined for any reason that the Vendor was not in default or the Vendor’s failure to perform is without their or their subcontractor’s control, fault or negligence, the termination will be deemed to be a termination for the convenience of The City of Frederick.
The City may terminate the Contract, in whole or in part, upon 30 days prior written notice when it is in the best interest of The City of Frederick. If this Contract is for supplies, products, equipment, or software, and so terminated for convenience by The City of Frederick, the Vendor will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, The City of Frederick shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination.
Extension of Contract: Vendors are advised that the resultant contract(s) may be extended, with the authorization of the Vendor, to other public bodies, or public agencies or institutions of the United States to permit their use of the contract at the same prices and/or discounts and terms and conditions of the resulting contract. If any other public body decides to use the final contract, the Vendor(s) must deal directly with that public body concerning the placement of orders, issuance of the purchase orders, contractual disputes, invoicing, and payment. The City of Frederick acts only as the "Contracting Agent" for these public bodies. Failure to extend a contract to any public body will have no effect on consideration of your Response.
It is the awarded Vendor’s responsibility to notify the jurisdictions and political subdivision of the availability of the contract(s).
Other public bodies desiring to use this contract will need to make their own legal determinations as to whether the use of this contract is consistent with their laws, regulations, and other policies.
Each public body has the option of executing a separate contract with the Vendor(s). Public bodies may add terms and conditions required by statute, ordinances, and regulations, to the extent that they do not conflict with the contract’s terms and conditions. If, when preparing such a contract, the general terms and conditions of a public body are unacceptable to the Vendor, the Vendor may withdraw its extension of the award to that public body.
The City of Frederick shall not be held liable for any costs or damages incurred by another public body as a result of any award extended to that public body by the Vendor. The City assumes no obligation on behalf of other entities named, or included by reference, to this contract. The City will not administer any other entity contracts.
HEREBY CERTIFY that:
I acknowledge that, if the representations set forth in this affidavit are not true and correct, the City may terminate any contract awarded and take any other appropriate action. I further acknowledge that I am executing this affidavit in compliance with Section 160 of Article 78A of the Annotated Code of Maryland, which provides that certain persons who have been convicted of, or have admitted to, bribery, attempted bribery, or conspiracy to bribe may be disqualified, either by operation of law or after a hearing, from entering into contracts with the state or any of its agencies or subdivisions.
I do solemnly declare and affirm under the penalties of perjury that the contents of this affidavit are true and correct.
In accordance with City Code Section 21.4,
Proposer must disclose any possible conflict of interest with the City of Frederick, including, but not limited to, a known relationship between any principal or employee of your firm and any City of Frederick employee or elected official.
To your knowledge, does any conflict of interest exist?
Note: If the answer is yes, further documentation must be submitted for review and determination of eligibility to participate.
Upload documentation describing your existing conflicts with the City as defined in City Code Section 21.4.
The Bidder must be legally allowed to do business and not be disbarred, suspended, or otherwise excluded from doing business with any entity, including the State and Federal Government. The Bidder must report any such status to the City immediately. If debarment is discovered, the Bidder is subject to disqualification or termination without recourse.
I have carefully examined all documents accompanying or made a part of this solicitation.
I hereby propose to furnish the goods or services specified therein. I agree that my bid/proposal will remain firm for a period of up to 120 days in order to allow the City adequate time to evaluate the information submitted.
I verify that all information contained in this bid/proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this bid/proposal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract.
I further certify, under oath, that this bid/proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a bid/proposal for the same product or service; no officer, employee or agent of The City of Frederick or any other proposer is interested in said bid/proposal; and with full knowledge and understanding of the matters contained and that I was duly authorized to do so.
Is your business located within the limits of The City of Frederick?
An official document (lease, utility bill, etc.) showing an address for the business within City limits.
Do you take any exceptions to the solicitation requirements or terms?
Upload a document detailing your exceptions.
Please enter your Bid Bond information from Surety2000 below.
Please download the below documents, complete, and upload.
Please download the below documents, complete, and upload.
Will 51% or more of the work be performed by Small Business Enterprises (including self-certification)?
Bidders shall commit to meeting the MBE and WBE participation goals outlined in the SPECIAL CONDITIONS of this RFP.
A bidder that does not commit to meeting the entire MBE and WBE participation goal outlined in this RFP must submit a request for waiver with its bid submission that is supported by good faith efforts documentation to meet the MBE and WBE goal made prior to submission of its bid. Failure of a bidder to properly complete, sign, and submit this waiver at the time it submits its bid(s) to the RFP will result in the City’s rejection of the bidder’s bid. This failure is not curable.
Do you intend to meet the entire MBE and WBE participation goals outlined in the RFP?
Please download the below documents, complete, and upload.
Please download the documents below, complete them, and upload.
Will subcontractors be utilized on this project?
Upload a document listing your subcontractors, to include, but not limited to:
Business Name
Email Address
Phone Number
Type of Work
Estimated Dollar Amount
Bidders must attach a file that lists the name of the client, date, description of project, name of the contact, their phone number and email for at least three (3) equivalent type projects within the last four (4) years. Inclusion of information regarding techniques, equipment, special trades, and any agencies complied with is encouraged. Additional information to evaluate the Bidder's qualifications may be requested on an as-needed basis and must be provided in order for the Bidder to be deemed responsible.
The Bidder shall submit a project schedule with their Bid. This schedule shall be prepared using an electronic scheduling program software such as MS Project, Primavera, or similar. Key milestone events and their durations shall be identified in this schedule.
Please download the below documents, complete, and upload.
Upload the completed bid form here.
What are you buying?
List the amount per day and backup for this figure:
*Enter N/A if Liquidated Damages is not going to be required for your project
Does this project require a bid bond?
What type of contract do you anticipate having?
Select an option below:
Option 1: Create a pricing table for vendors to complete in OpenGov.
Option 2: You need to work with Procurement to develop your pricing table.
Select the option that is applicable to your project.
Answer Format Examples:
16% Minority-Owned
7% Woman-Owned
What is the DBE goal percentage?
State you answer written out and numerically. i.e., nineteen percent (19%)
Select an option below.
Answer Format: Month DD at XX:XX am/pm
What is your Goal Completion Time or Delivery (from issuance of PO/NTP, # of days or specific date):
Answer Format Example: 90 days
Q (Mudcat Barge):
A: Have you considered removing sludge and debris with a mudcat barge with a pump and then pumping sludge and debris into a sediment bag which makes wet material stackable and contained? We have not considered moving sludge and debris with mudcat barge with pumping and then pumping sludge and debris into sediment bag.
Q (MWBE Requirements):
A: Is Minority participation required, if so what percentage? There is no specifically set MWBE goals for this project. In your bid submission, please include any subcontractor information as it will be documented towards the City's annual aspirational MWBE program.
Q (Bid Submission):
A: Do we submit the bid on opengov.com with the required documentation as attachments or is this a sealed bid that has to be hand delivered or can the bid be submitted in an email? For the Schedule portion of the bid- can you use Excel? We have created schedule(s) and material submittals using Excel for prior debris removal and dredging projects and wanted to know if this would be acceptable? Yes, please submit your complete bid response in OpenGov. For the schedule section, you should be able to upload the document in Excel format.
Q (Husky Park):
A: Are we responsible for removal of sludge from the Husky Park material storage area? All trash and woody material need to be hauled away by contractor. As far as silt, debris, and leaves the City of Frederick will take care of hauling this material away.
Q (Quantities):
A: Are there any quantities of material/mud/debris, if so, roughly how many yards? Roughly 1,700 yards per 12,928 square ft of disturbance at 4' in height + or -.
Q (Timeframe ):
A: What is the time frame for dewatering and completion of the project? Looking at time frame of two weeks once creek is diverted and work area is dewatered.
SLED stands for State, Local, and Education. These are solicitations issued by state governments, counties, cities, school districts, utilities, and higher education institutions — as opposed to federal agencies.
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