26PRO-0001-S_FLS_ITM_-_IFB_-FINAL6.11.pdf

30+

INVITATION FOR BID

FIRE AND LIFE SAFETY

INSPECTION, TESTING AND MAINTENANCE SERVICES

ON THE CAMPUS OF

MORGAN STATE UNIVERSITY

PROJECT NO: 26/PRO – 0001- S

Bid Due Date and Time: July 17th, 2026 @ 10:00 AM

Issuing Office: Morgan State University

Procurement, Property Control & Purchasing Card Department A. Hoen Building, Suite 1202 2101 E. Biddle Street Baltimore, Maryland 21213

443.885.3074 (Office)

443.885.8368 (Fax)

Procurement Officers Representative: Craig Skille

Procurement Specialist Office of Procurement Craig.Skille@morgan.edu

Project Management: Morgan State University Office of Safety, Health & Environment (OSHE)

Project Manager: Glenn Dixon

Senior Fire Safety Specialist Office of Safety, Health & Environment (OSHE)

Minority Businesses are encouraged to respond to this Solicitation.

NOTICE: Prospective Bidders who have received this document from a source other than the Issuing Office should immediately contact the Issuing Office and provide their name and mailing address so that amendments to this Invitation for Bid or other communications be sent to them. Any prospective Bidder who fails to notify the Issuing Office with this information assumes complete responsibility in the event that they do not receive communications from the Issuing Office prior to the closing date.

Publish Date: June 11, 2026

PROCUREMENT OBJECTIVE

SUMMARY STATEMENT:

Morgan State University ("the University"), located in Baltimore City, Maryland, is a historically Black institution with the unique designation as Maryland's Public Urban University. Governed by a Board of Regents, Morgan is independent of the University of Maryland System. Currently, the University enrolls approximately 10,740 students and employs over 2,200 individuals. Offering degree programs from the baccalaureate through the doctorate, Morgan has a comprehensive mission which encompasses instruction, research and public service.

ISSUING OFFICE:

Procurement & Property Control Morgan State University A. Hoen Lithography Building, Suite 1202 2101 E. Biddle Street Baltimore, Maryland 21213

Procurement Officer’s Representative: Craig Skille

Procurement Specialist Office of Procurement Telephone 443-885-3074 Fax No. 443-885-8368 Email : Craig.Skille@morgan.edu

The sole point of contact for purposes of this procurement is the Procurement Specialist.

PRE-BID MEETING:

A pre-bid meeting will be held on Wednesday June 17th, 2026, at 10:00 a.m., at the Earl G.

Graves School of Business and Management, Room No. 316. All interested bidders are encouraged to attend. The site visit is an opportunity for the bidder to confer with the Project Manager to ensure a complete understanding and proper interpretation of this project.

QUESTIONS AND INQUIRIES:

All contact between bidders and the University will be formally held at scheduled meetings or in writing through the Issuing Office. Questions and inquiries must be in writing and received by 12:00 noon, on June 22nd, 2026. Questions can be emailed to the Procurement Specialist identified above. No questions or inquiries will be accepted after the questions and inquiries deadline. Responses to all written inquiries will be posted via e-mail in an addendum.

SUBMISSION DEADLINE:

Bids shall be submitted electronically to the Procurement Specialist identified in the Procurement Objective. Bids must arrive at the Issuing Office, A. Hoen Lithography Building, Suite 1202 on or before July 17th, 2026, by 10:00 a.m., in order to be considered. Requests for extension to this date or time will not be granted. Bidders mailing bids should allow sufficient mail and internal delivery time to ensure timely receipt at the Issuing Office. Bids or unsolicited amendments to bids arriving after the Bid Due date and time will not be considered.

DURATION OF BID:

Bids submitted in response to this solicitation are irrevocable for one hundred twenty (120) days following the closing date. This period may be extended at the Procurement Officer’s discretion only by a Bidder’s written request.

PROCUREMENT REGULATIONS:

This solicitation shall be conducted in accordance with Morgan State University Procurement Policies and Procedures approved by the Board of Public Works and dated September 21, 2005.

https://www.morgan.edu/Documents/ADMINISTRATION/OFFICES/procurement/Policies _Procedures.pdf

TYPE OF PROCUREMENT:

This procurement will be conducted in accordance with the Morgan State University Policies and Procedures “Procurement by Competitive Sealed Bid”.

E-MARYLAND MARKETPLACE ADVANTAGE:

The successful Bidder under this solicitation MUST be registered on eMaryland Marketplace Advantage (eMMA) prior to receiving a contract award. The instructions for registration can be found on the eMMA website at https://emma.maryland.gov/.

ACKNOWLEDGEMENT OF ADDENDUMS:

1. Any amendments to this solicitation must be acknowledged by persons and entities known to have been issued or otherwise received the solicitation. Addendum Acknowledgement Form is provided with this Invitation for Bid, and shall be submitted with your Bid. In addition, space is provided on the Bid Form for Addenda Acknowledgement.

2. Oral explanations or instructions will not be binding; only written Addenda will be binding.

All Addenda to this procurement will be posted on the https://emma.maryland.gov/ All potential Bidders must notify the Procurement Office of their interest in order to be kept informed of any and all information regarding this procurement.

SECTION I

INSTRUCTIONS TO BIDDERS

1.1 GENERAL REQUIREMENTS

A. Prior to preparing Bids, Bidders are strongly urged to visit the site and become familiar with all existing conditions, which may affect the proposed work.

B. Bidders should become familiar with the Contract Documents, which include – Instructions to Bidders, Diversity Program, General and Supplementary Conditions, Detailed Specifications, Alternates and Unit Prices, and Drawings (if applicable).

Should a bidder find any discrepancy in the specification and/or should the bidder be in doubt as to the meaning or intent of any part thereof, the bidder must, not later than seven (7) calendar days prior to the bid opening, request clarification from the Procurement Office’s Representative who will issue an addendum or otherwise clarify the matter. Failure to request such clarification is a waiver to any claim by the bidder for any expense made necessary by reason of later interpretation of the contract documents by the Procurement Office’s Representative.

C. The contract for this project will be bid by the Competitive Sealed bidding method, unless otherwise specified in the General and Supplementary Conditions.

1.2 PREPARATION OF BIDS

A. Use the Bid Forms supplied with the Contract Documents.

B. Fill in all blank spaces. Use “N/A” where the requested information is not applicable.

C. Do not alter or change any wording in the Bid Form.

D. State all dollar amounts in both words and numbers.

E. Three copies of the Bid and all required attachments shall be submitted. Bid shall be typewritten or written legibly in ink. All erasures or alterations shall be in ink and initiated by the signer. All Bid Forms shall be signed in ink, as follows:

As an Individual – Sign with full name and address.

As a Co-Partnership – A member of this firm shall sign with his/her full name and address.

List the names and addresses of all other members of the firm.

As a Corporation – An officer of the corporation shall sign his/her full name, indicate his/her title, and include the name and address of the corporation. The corporate seal shall be affixed near the signature.

F. Note any and all addenda.

F. Attach to each copy of the Bid the Bid Bond, (if applicable) as well as the required attachments.

1.3 BONDING REQUIREMENTS

Under $100,000

A. When the Base Bid is less than $100,000, bonds are not required. However, it is important that bids under $100,000 are made responsibly. Such bids may not be withdrawn after bid opening unless the reason for withdrawal is a documented mistake that is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident; or the bidder submits proof of evidential value which clearly and convincingly demonstrates that a mistake was made. Misunderstanding of the specifications is not an acceptable reason for bid withdrawal.

B. Any attempt by the bidder or his/her agent to withdraw a bid within 90 days after bid opening shall result in the bidder being considered "not-responsible". The University has a number of options that may be exercised in such cases, including:

1) Legal proceedings to recover from the bidder who withdrew the dollar difference between the withdrawn bid and the next most favorable, responsive and responsible bid.

2) Suspension of the offending bidder for a period of six (6) months or more.

3) Permanent debarment of the offending bidder.

4) Any combination of the above.

Over $100,000

A. When the Base Bid exceeds $100,000, each bidder must furnish a Bid Bond with the bid, in a form and by a surety company approved by Morgan State University. The bond must be in an amount not less than five percent (5%) of the amount of the Base Bid.

B. When the contract award exceeds $100,000, the Contractor shall furnish Performance and Payment Bonds each in the amount of one hundred percent (100%) of the contract price.

C. Acceptable security for Bid, Performance and Payment bonds shall be limited to:

1) A bond in a form satisfactory to the State underwritten by a Surety Company

(licensed to issue bonds) and authorized to do business in this State.

2) A bank certified check, bank cashier's check, bank treasurer's check, or trust account; or

3) Pledge of securities backed by full faith and credit of the United States government or bonds issued by the State of Maryland.

4) Cash in accordance with Morgan State University Procurement Policies and Procedures and COMAR Title 21.06.07.01C.

D. Should the bidder to whom the contract is awarded fail or be unable to execute the contract, for any reason, within ten (10) days after notification of award, an amount equal to the difference between the accepted bid and that of the next highest bidder shall be forfeited to Morgan State University as liquidated damages.

1.4 SECURITY PROVISIONS

All security requirements established by the University for its facility shall become a part of these specifications. It shall be the Contractor's responsibility to comply with any special security provisions established by the University.

1.5 CERTIFICATION OF CORPORATION REGISTRATION AND TAX PAYMENT

If the bidder is a corporation, this completed form is required by the University's Procurement Department and shall be attached to the bid.

1.6 DEBARMENT AFFIRMATION

To satisfy the requirement of Morgan State University Procurement Policies and Procedures and COMAR 21.08.04 Debarment Statutory Violations, the bidder must complete this Affirmation and submit it with the bid if the bid is in writing and results from a written solicitation and provided that the solicitation does not result from a Small Procurement Solicitation accomplished in accordance with Morgan State University Procurement Policies and Procedures and COMAR 21.05.07.

1.7 V

A. Any "interested party" may "protest" against the award of a contract. The protest shall be in writing and addressed to the Procurement Office’s Representative whose name and address appear in the Procurement Objective Section of these documents.

B. Protests based on alleged improprieties, which are apparent before the bid opening shall be filed before the bid opening. Otherwise protests will be filed not later than seven

(7) days after the basis for protest is known or should have been known, whichever is earlier.

C. Refer to the Morgan State University Procurement Policies and Procedures for additional requirements and instructions.

1.8 BASE BID

The base bid shall include all labor, materials, equipment, and supplies necessary to accomplish the work as described in Section IV, Detailed Specifications.

1.9 BASIS OF AWARD

The basis for award will be lump sum and any alternates and/or unit prices identified on the Bid Form which were accepted by the University.

1.10 CONTRACT AWARD

A. The University reserves the right to waive any informality in or reject any and all bids and to make awards in the best interest of Morgan State University.

B. No bids will be accepted with unbalanced or irregular features.

C. All prices must remain firm during the duration period of the contract pursuant to these detailed specifications.

D. No obligation is incurred by the University to award a contract based on price alone.

E. The award of the contract will be to the vendor submitting the lowest responsive and responsible bid. However, the award could be made on the basis of price and other price related factors as outlined in MSU’s Policies and Procedures, Procurement Method, Section B., Competitive Sealed Bidding.

F. Failure to submit all costs alternates and unit prices when required may result in a non-responsive bid.

G. The Procurement Department of the University will be the sole judge of the lowest responsive, responsible bid and could be made on the basis of price and other price related factors as outlined in MSU’s Policies and Procedures, Procurement Method, Section B., Competitive Sealed Bidding.

H. The official starting date will be established at the Work Initiation Conference/Meeting.

1.11 CANCELLATION OF THE IFB: REJECTION OF ALL BIDS

The University may cancel this IFB, in whole or in part, or may reject all bids submitted in response whenever this action is determined to be fiscally advantageous to the University or otherwise in its best interests.

1.12 NOTICE TO PROCEED

After the contract has been executed, the Director of the Procurement Department will issue to the Contractor a "Notice to Proceed". The official start date will be established by the Director of the OSHE Department at the Work Initiation Conference. The specified contract time shall begin on the day work (other than the erection of the inspector's office, construction stakeout, and mobilization) actually starts. Any preliminary work started, or materials ordered, before receipt of the "Notice to Proceed", shall be at the risk of the Contractor.

1.13 CONSUMER PRICE INDEX (CPI) RATE

The unit prices to be paid to the Contractor during the contract extension period may be adjusted in accordance with the annual rate change of the Consumer Price Index (CPI) as published by the U.S. Department of Labor, Bureau of Labor Statistics. The price change as determined by the University shall be based on the most current CPI for all Urban Consumers (CPI-U), Table A, which is published prior to the third month preceding the expiration date of the existing contract by calculating the unit prices with the annual rate of charge. If the contract extension period is for more than one year, the Contractor will be allowed an annual increase calculated using the referenced CPI and the unit prices of the preceding year.

1.14 COMPLIANCE WITH LAW

By submitting a bid in response to this solicitation, the bidder, if selected for award, agrees that it will comply with all federal, state, and local laws applicable to its activities and obligations under the contract. By submitting a bid in response to this IFB, the bidder shall be deemed to represent that it is not in arrears in the payment of any obligation due and owing the State of Maryland or any department or unit thereof, including but not limited to the payment of taxes and employee benefits and if selected for award, that it shall not become so in arrears during the term of the contract.

1.15 ACCEPTANCE OF TERMS AND CONDITIONS

By submitting a bid in response to this solicitation, a bidder shall be deemed to have accepted all the terms, conditions, and requirements set forth in the solicitation and in the Morgan State University Contract.

1.16 MANDATORY CONTRACTUAL TERMS

By submitting a bid in response to this IFB, a bidder, if selected for an award, shall be deemed to have agreed to and accepted all contract terms and conditions set forth in the Morgan State University Standard Contract.

A copy of the Morgan State University Contract is included in the Appendices for your review. Prior to submitting a bid, please review and ensure your company can execute the contract as there will be no changes to the existing Morgan State University Contract.

Morgan State University Terms and Conditions Acknowledgment and Acceptance Notice is also included in the Appendices. A signed copy must be submitted with your bid.

1.17 ORDER OF PRECEDENCE

The contract between the parties will be embodied in the contract documents which will consist of the following, listed in order or precedence:

1. MSU Contract;

2. the IFB;

3. the Bid Form; and

4. any other supporting documentation

Modifications to the order of precedence provision of this solicitation will not be accepted.

1.18 VENDOR ELECTRONIC FUNDS TRANSFER REGISTRATION

By submitting a response to this solicitation, the bidder agrees to accept payments by electronic funds transfer unless the State Comptroller’s Office grants an exemption. The successful bidder shall register using the attached form COT/GAD X-10 Vendor Electronic Funds (EFT) Registration Request Form. Any request for exemption must be submitted to the State Comptroller’s Office for approval at the address specified on the COT/GAD X- 10 form and must include the business identification information as stated on the form and include the reason for the exemption.

END OF SECTION I

SECTION II

DIVERSITY PROGRAM

An overall Minority Business Enterprise (MBE) subcontractor participation goal of SEVENTEEN PERCENT (17%) of the total contract dollar amount including any renewal options, has been established for this procurement MBE prime contractors shall comply with the subcontracting requirement. It is the stated policy of MSU to encourage subcontract and prime MBE participation on all contracts where applicable. By submitting a response to the solicitation, the Offeror agrees that Maryland Department of Transpiration (“MDOT”) MBE’s will perform this amount of the contract. MBE certified by MDOT, are encourage to attend the Pre-Proposal Conference and Site Visit.

END OF SECTION II

SECTION III

GENERAL AND SUPPLEMENTARY CONDITIONS

The Morgan State University Procurement Department’s General Conditions of the Contract between Morgan State University and Contractor, current issue, are hereby incorporated by reference and made a part of these contract documents. The General Conditions are available for review at the Morgan State University Procurement Department, 2101 E. Biddle Street, A. Hoen Lithograph Building - Suite 1202, Baltimore, MD 21213

3.1 DATE OF COMPLETION

The date of completion is important and may be considered in awarding the contract. The period of time required for completion of the work is required in the bid and if it has not been inserted by the University, it shall be inserted by the bidder and must be stated in calendar days; Saturdays, Sundays, and holidays included.

3.2 FAILURE TO COMPLETE ON TIME/LIQUIDATED DAMAGES (NOT APPLICABLE)

A. Time is an essential element of the contract and it is important that the work be vigorously prosecuted until completion.

B. For each day that any work shall remain uncompleted beyond the time(s) specified elsewhere in the contract, the Contractor shall be liable for liquidated damages in the amount(s) provided for in the solicitation, provided, however, that due account shall be taken of any adjustment of specified completion time(s) for completion of work as granted by approved change orders.

C. The State shall deduct and retain out of the monies due to or become due to the

Contractor hereunder the amount of liquidated damages and in case the amounts due the Contractor are less than the amount of such damages, the Contractor shall be liable to Morgan State University for the difference.

3.3 COMMUNICATION

The Contractor is required to remain on-site at all times when work is in progress on this project and/or an individual who represents the Contractor, and is responsible for the entire project, and can communicate in English with Morgan State University's representatives.

3.4 ASBESTOS

If at any time during the performance of work required by the contract pursuant to these detailed specifications, the Contractor finds he/she has reason to suspect the presence of asbestos in any work area, he/she shall immediately notify the Project Manager in writing setting forth his/her observations/suspicions and requesting instructions. At the same time, the Contractor shall withdraw all his/her personnel from the potentially contaminated area.

3.5 SITE INVESTIGATION

By submitting a bid, the bidder acknowledges that he/she has investigated and is satisfied as to the conditions affecting the work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, tides or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during prosecution of the work.

The bidder further acknowledges that he/she has satisfied himself/herself as to the character, quality and quantity of surface and subsurface materials, which shall include the presence of lead and the requirements for its removal and disposal or obstacles to be encountered insofar as this information is reasonably ascertainable from an inspection of the site, including all exploratory work done by Morgan State University as well as from information presented by the drawings and specifications made a part of this contract. Any failure by the bidder to acquaint himself/herself with the available information shall not relieve him/her from responsibility for estimating properly the difficulty or cost of successfully performing the work. Morgan State University is not responsible for any conclusions or interpretations made by the bidder on the basis of the information made available by Morgan State University.

3.6 THE BID FORM

A. The "Bid Form" is that form which is included in the contract documents and which sets forth the lump sum cost of each division or combination of divisions of the work, the alternates (if any) and the unit prices (if any) solicited by Morgan State University.

It is mandatory that the Bid Form be completed in its entirety, signed, and returned. There are to be no alterations to this document.

B. All documents included in, bound thereto or attached to the Bid Form are necessary parts thereof and shall not be detached, separated or altered.

C. The plans, specifications, supplemental specifications and all other contract documents will be considered a part of the Bid Form whether attached thereto or not.

3.7 AWARD AND EXECUTION OF CONTRACT

A. Award of Contract

1. The award of the contract pursuant to these detailed specifications, if it be awarded, shall be within time specified in the Invitation for Bids and shall be to the responsible bidder submitting the lowest responsible bid or could be made on the basis of price and other price related factors. The successful bidder shall be given a written Notice of Intent to Award stating that his/her bid, including applicable alternates and or unit prices have been accepted and that he/she has been awarded the contract. The basis for award of alternates and/or unit prices is set forth below entitled "Award of Alternates".

2. The University reserves the right to cancel the award of any contract before the execution of the contract by all parties without any liability on its part.

3. The University reserves the right to apply any reciprocal preference for Resident Bidders as set forth in Section 14-401 of the State Finance and Procurement Article

- Annotated Code of Maryland, 1988 Edition.

4. The University reserves the right to waive any informality in or reject any and all bids and to make awards in the best interest of Morgan State University.

5. No bids shall be accepted with unbalanced or irregular features.

6. All prices must remain firm during the duration period of the contract pursuant to the detailed specifications in this solicitation.

7. No obligation is incurred by the University to award a contract based on price alone.

8. Failure to submit all costs, alternates and/or unit prices, when required, may result in a non-responsive bid.

9. The award of the contract will be to the vendor submitting the lowest responsive and responsible bid. However, the award could be made on the basis of price and other price related factors as outlined in MSU’s policies and procedures, Procurement Method, Section B., Competitive Sealed Bidding.

10. The official starting date shall be established at the Work Initiation Conference by the OSHE Department.

B. Award of Alternates

In the event that add or deduct alternates are solicited by the Invitation for Bids, alternates shall be accepted in ascending order if ADD and descending order if DEDUCT as listed in the Invitation for Bids. A contract may be awarded to the responsible bidder submitting the lowest responsive total bid including Base Bid and all alternates determined to be accepted by Morgan State University. (See section 3.7 Award and Execution of Contract #9 for additional clarification regarding the award of the bid

C. Unit Prices

Should the contractor be required to perform work over and above that required by contract documents, or should he/she be ordered to omit work required by contract documents, he/she shall be paid an extra or shall credit Morgan State University as the case may be, on basis of unit prices quoted herein. Prices quoted shall be the same for "extra" work and for "credit" work and shall be the sum total compensation payable or creditable for such items of work, including all labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc., to cover the finished work of the several kinds called for in the specifications. Changes shall be processed in accordance with the General Conditions.

D. Execution of Contract

After a Notice of Intent to Award has been issued, the Procurement Department shall forward the formal contract and the forms for the Payment and Performance Bonds, if applicable, to the successful bidder for execution. The bidder shall execute the contract and return it with fully executed Payment and Performance Bonds (where applicable, to the Procurement Department within 15 days after receipt of it. As a prerequisite to signing the contract and prior to the expiration of the aforesaid 15-day period following notification of award, the bidder shall have furnished the following in the form and content required by these General Conditions:

Performance and Payment Bonds (Instructions to Bidders) Certificates of Insurance (6.05 and 6.06 General Conditions)

After receipt of the properly executed contract form and Payment and Performance Bonds, Morgan State University will execute the contract within 120 days and forward the contractor a copy. In the event Morgan State University fails to execute the contract within the 120-day period, the contractor shall have, as its only remedies, the option to declare the contract terminated without any liability by Morgan State University or to accept an extended period for execution by Morgan State University.

3.8 FAILURE TO EXECUTE CONTRACT

Failure of the Contractor to execute the contract and file acceptable bonds within the time provided shall be just cause for the payment of liquidated damages guaranteed by the Bid Bond or other securities at an amount equal to the increased contract price paid by Morgan State University as a result of the failure to execute the contract.

3.9 RIGHT TO REJECT BIDS AND WAIVE INFORMALITIES

Morgan State University reserves the right to reject any and all bids or to accept any bid in the interest of the people of Morgan State University. For the same reason, Morgan State University reserves the right to waive any technicality or minor irregularity in a bid.

3.10 MODIFICATIONS AND WITHDRAWAL OF BIDS

A. Withdrawal or modifications to bids are effective only if written notice thereof is filed prior to the time of bid opening and at the place specified in the Notice to Bidders. A notice of withdrawal or modification to a bid must be signed.

B. No withdrawal or modification shall be accepted after the time for opening of bids. The

University shall not be held responsible for the untimely receipt of any request for withdrawal.

C. The bidder is cautioned to transmit any such request for withdrawal in ample time for delivery before the bid opening as no claim for release due to mistakes or omissions in the bid shall be considered.

D. Each bidder is advised to follow up any request for withdrawal with a telephone call prior to the bid opening time to confirm receipt of their request.

E. Telephone requests are not binding without written confirmation prior to bid opening time.

F. Each bidder shall be held strictly responsible for their bid.

3.11 LICENSES, REGISTRATION AND QUALIFICATIONS

Bidders must be licensed to be able to perform the responsibilities detailed in this bid invitation within the State of Maryland. The University reserves the right to require that the contractor demonstrate that they have the skills, equipment and other sources to satisfactorily perform the nature and magnitude of work necessary to complete the project within the contract schedule.

3.12 CONTRACTOR'S LIABILITY INSURANCE

A. The contractor and its authorized subcontractors shall maintain such insurance as will protect them from claims under Workmen's Compensation Acts, U.S. Longshoremen's and Harbor Worker's Compensation Act and the Federal Employers Liability Act by coverage with Insurance Companies or by methods acceptable to the State Insurance Commissioner and by no other method, for damages which may arise from operations under the contract pursuant to these specifications, whether such operations be by themselves or by an authorized subcontractor or anyone directly or indirectly employed by either of them.

B. He/She shall protect himself/herself and the State from any claims for Bodily Injury, Liability and Property Damage Liability.

C. The limits for Bodily Injury Liability shall be not less than One Million Dollars

($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate.

The minimum limit for Property Damage Liability shall be One Million Dollars ($1,000,000) per occurrence and Two Million Dollars ($2,000,000) in the aggregate.

D. The above policies for Bodily Injury and Property Damage Liability Insurance shall be so written as to include Contingent Bodily Injury and Property Damage Liability Insurance to protect the contractor against claims from the operations of authorized subcontractors.

E. Certificates of the contractors containing evidence of the Hold Harmless Clause protecting Morgan State University and/or the State of Maryland shall be filed with Morgan State University and shall be subject to their approval for adequacy of protection. No work shall be started at the site until appropriate certificates of insurance are filed with and approved by the Procurement Office’s Representative.

3.13 SCOPE OF PAYMENT

A. Payments are made on the evaluation of work accomplishment and on account of materials delivered on the site, for incorporation in the work, which are suitably stored and protected.

B. Payments shall also be made on account of materials or equipment for incorporation in the work but stored at some off-site location agreed to by contractor’s bill of sale or such other procedures satisfactory to the Procurement Department to establish the State's title to such materials or equipment or otherwise protect Morgan State University's interest including applicable insurance and transportation to site.

C. Prior to application for first payment, the contractor shall submit to Morgan State

University and the Project Manager a schedule of values of the various parts of the work, including quantities, aggregating the total sum of the contract. This schedule shall be so divided as to facilitate payments to any authorized subcontractors. The form of this submission shall be as the contractor and the University have agreed upon and shall be supported by such evidence as to its correctness as Morgan State University may direct.

This schedule shall be used as a basis for certificates of payments unless at a later date found to be in error.

D. Application for payment shall be submitted on or about the 25th day of each month but not less than 30 days after the "Work Initiation Conference" nor before ten days of job operation (job shut down days excluded).

E. In applying for payment, the contractor shall submit a statement based upon the schedule, (C. above) itemized in such form and supported by such evidence as the State may require, showing the contractor's right to the payment claimed. Each invoice shall prominently display the contractor's Federal Employers Tax Identification Number, or (if he/she has no such number) his/her Social Security Number.

1. In applying for all payments, excluding the first payment and final payment, the contractor shall submit in addition to the above a certificate that he/she has paid:

a. All labor to date.

b. All vendors and material suppliers in full for all items received.

c. All authorized subcontractors in full, less the retained amount.

2. In applying for the final payment, the contractor shall submit in addition to the statement required in the first part of Paragraph (E) above, the following:

a. In all cases, Morgan State University may demand such evidence as will establish the State's title to materials and give reasonable assurance that causes for liens by labor and others do not exist.

b. An electrical certificate from an independent (non-governmental) electrical inspection agency approved by the State of Maryland Fire Marshall must be submitted to the University prior to or with the final payment invoice. The contractor must make application for the inspection, coordinate same, and pay the required inspection fees. The independent electrical inspection agencies are not considered local authorities.

c. All other guarantees as called for by the contract.

d. All required equipment manuals and parts lists.

3.14 SHOP DRAWINGS

A. Shop drawings are drawings, diagrams, illustrations, designs, brochures and other data which are prepared by the contractor, any authorized sub-contractor, manufacturer, supplier or distributor and which illustrate a particular part of the work to be performed under the contract.

B. The contractor shall submit to the OSHE Director or his/her authorized representative for approval three (3) copies of shop drawings of all materials, construction details, designs and process required completing the construction prior to starting the actual work.

C. The contractor shall keep on the project site at all times, copies of approved shop drawings.

1. Shop drawings shall be checked with existing field dimensions by the contractor, who shall have full responsibility for their correctness and shall confirm the checking and his/her approval in writing when submitting the drawings to the OSHE Director or his authorized representative for approval.

D. The approval of shop drawings by the OSHE Director or his authorized representative is in the nature of an aid to the contractor but shall not relieve the contractor from their responsibility to construct the work in accordance with the changes from such contract drawings and specifications, indicated on the shop drawings shall be called to the attention of the OSHE Director or his/her authorized representative and his/her approval of same is given in writing.

E. The OSHE Director or his/her authorized representative has the right to make such changes on the shop drawings in dimensions, corrections and details as may be found necessary to meet conditions encountered in the detailing and no equitable adjustment (cost or time) or damages will be made on account of these changes.

F. In preparing schedules for the delivering of materials, the contractor shall allow reasonable time for the submission, examination, correction and approval of shop drawings in the manner above described.

3.15 AUTHORITY AND DUTIES OF STATE INSPECTORS

A. Morgan State University’s inspectors and Fire Marshal’s shall be authorized to inspect all work done and all material furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used.

The inspector is not authorized to revoke, alter or waive any requirements of the contract, nor is he/she authorized to approve or accept any portion of the complete project.

He/she is authorized to call the attention of the contractor to any failure of the work or materials to conform to the contract. He/she is authorized to reject materials or suspend the work until any questions at issue can be referred to and decided by the Project Manager. Inspectors shall perform their duties at such times and in such manner as will not unnecessarily impede progress on the contract.

B. The inspector shall in no case act as foreman or perform other duties for the contractor, nor interfere with the management of the work by the latter.

C. Any advice, which the inspector may give the contractor, shall not be construed as binding Morgan State University in any way, or releasing the contractor from fulfilling all of the terms of the contract. The duty of the inspector on the project is to observe the progress of the work and to report any deviations from the requirements of the contract documents; however, should the inspector fail to report any such deviation from the contract requirements, this does not release the contractor from fulfilling all of the terms of the contract.

D. Where there is disagreement between the contractor and the inspector, the inspector will immediately direct the facility's attention to the issues of disagreement and if the contractor still refuses to make corrections, comply of suspend work, the facility will prepare and deliver in writing to the contractor, by mail or otherwise, a written order suspending the work and explaining the reason for such shutdown. As soon as the inspector is advised of the delivery of the shutdown order, the inspector shall immediately leave the site of the work and any work performed during the inspector's absence will not be accepted or paid for and may be required to be removed and disposed of at the contractor's expense.

3.16 SIGNS

A. The General Contractor shall be responsible for installing an appropriate number of signs of adequate size to ensure his/her material suppliers are aware of the job location.

The OSHE Director shall determine the locations for the erection of the contractor's signs and approve the appropriate size.

B. The contractor shall utilize required safety signs, safety barriers and caution road cones wherever appropriate to eliminate injuries.

3.17 PERMITS AND FEES

Contractor shall obtain all necessary permits; pay all fees and other costs in connection with this work if applicable.

In addition, the contractor is to file all necessary plans, prepare all documents and obtain all necessary approvals of Governmental Department having jurisdiction and schedule required inspections or meetings. The facility shall receive electrical inspection certificates from the General Contractor.

3.18 SUBMITTAL OF WORK PLAN

Within 10 days after the Notice to Proceed, the contractor shall submit a work plan for this project, which shall include the following:

A. Schedule showing start of work and completion dates for all items of work. Schedule for submittal of all shop drawings and other items required for review by the Director of the OSHE Department or his/her authorized representative.

3.19 REGULATIONS AND CODE REQUIREMENTS

All work shall conform to the requirements of the latest editions of the following codes and regulations.

A. Plumbing Code B. Basic National Building Code (BOCA) C. International Building Code D. National Fire Protection Association E. National Electrical Code F. International Existing Building Code (IEBC) G. All work shall be in accordance with the Secretary of Interior Standards for the treatment of Historic Properties H. In addition, all work shall be in accordance with requirements of all local codes and regulations of authorities having jurisdiction over this work.

I. American Disabilities Act (ADA) J. State of Maryland Fire Prevention Code

3.20 FIRE AND SAFETY GUIDELINES

Prior to commencing any of the work to be performed under the contract pursuant to this specification, the contractor shall familiarize himself/herself with the Fire/Safety guidelines established for the subject facility. The contractor and his/her authorized subcontractors shall comply with all of the guidelines and obtain the necessary permits for any acetylene torch burning, welding, etc.

3.21 GENERAL REQUIREMENTS

A. Neither the contract pursuant to these detailed specifications nor the services to be performed hereunder shall be subcontracted or otherwise disposed of, either in whole or in part, without the prior written consent of the University’s Director of the OSHE Department.

B. Contractor at all times shall keep the work area and any adjoining staging area free of rubbish resulting from their work. At the end of each working day, contractor shall remove all waste and rubbish from the job site.

C. When rendering services after normal work hours, weekends, or holidays, the contractor’s personnel before leaving the building upon completion of work shall close all windows, turn off lights, except as directed otherwise and shall securely fasten or lock all entrances to buildings and mechanical rooms. Contractor’s representative shall notify the University Campus Police (Ext.3103) upon departure of the facility.

D. The contractor shall direct their personnel not to tamper with any University property (i.e. copiers, fax machines, telephones, computers, etc.).

E. The contractor shall assume full responsibility for any and all damages and/or injury to persons, property or equipment that result from any work performed by their employees or authorized subcontractors.

F. The contractor will be held liable by the University for any damage caused by their employees or authorized subcontractors to any equipment apparatus or installed property for which work is performed under the contract pursuant to these detailed specifications.

G. The structure, fixtures or furnishings damaged by the contractor’s personnel shall be replaced or repaired to the satisfaction of the Director of the OSHE Department by the contractor at no expense to the University.

H. Fire Prevention

1. All electrical devises and/or equipment must be disconnected at the end of each working day.

2. A nationally recognized testing laboratory shall approve all electrical equipment.

3. Oily materials (rags, drop cloths, overalls, etc.) shall be removed from the buildings and properly disposed of at the end of each working day.

4. Report any fire immediately to Campus Police ext. 3103 or by pulling the nearest fire alarm box. Extinguished fires shall be reported promptly to Campus Police ext.

3103.

5. Flammable liquids or solvents shall not be permitted on campus without prior written authorization of the Director of the OSHE Department or his authorized Project Manager.

6. Fire extinguishers shall not be removed from their locations nor used for any purposes other than firefighting.

7. The contractor or their authorized subcontractors shall not use fire hydrants for any purpose.

8. Prior to quitting time, a reliable designated employee of the contractor shall make a visual check of the work to ensure compliance with these safety items. The Environmental Specialist is available for advice and assistance on any matter regarding fire prevention.

9. Insurance

a. The contractor shall indemnify and hold harmless and defend the University and its representatives from suits, actions or claims of any charter brought on account of any injuries or damages sustained by any person or property in consequence of any work performed under the contract pursuant to these detailed specifications by the contractor.

b. The contractor shall maintain such insurance as will protect them from claims under the Worker’s Compensation Act, by coverage with insurance companies licensed and acceptable to the Maryland State Insurance Commissioner for damages, which may arise from operations by them or anyone directly or indirectly employed by the contractor.

c. The contractor shall protect themselves and the University from other claims that may arise in consequence of any work performed under the contract pursuant to these detailed specifications by the contractor.

d. The limits for Bodily Injury Liability shall not be less than $200,000 for injury to any one person and $500,000 for injury to more than one person in any single incident. The minimum limit for Property Damage Liability is to be $100,000 per incident and $200,000 aggregates.

e. Certificates of the contractor’s insurance containing evidence of the Hold Harmless Clause is to be filed with the University within five (5) days after award of a contract pursuant to these detailed specifications.

f. The contractor must be fully insured and must submit proof of Comprehensive General Liability Insurance covering bodily injury and property damage.

I. Safety

1. The contractor shall be responsible for instructing their employees and authorized subcontractors in appropriate safety measures prior to commencement of work.

2. The contractor will meet in conference with the Director of the OSHE Department to discuss and develop a mutual understanding relative to administration of an overall safety program.

3. The contractor shall maintain an accurate record of and shall report to the Director of the OSHE Department on a timely basis any occurrence of accidents, occupational disease, harmful exposure, injury and/or damage to property, materials, supplies and equipment incidental to work performed under the contract pursuant to these detailed specifications.

4. The contractor at all times shall comply with all applicable provisions of Municipal, State and Federal Safety Laws and building codes to prevent accidents or injury to persons on or about or adjacent to the premises where the job is being performed.

5. Take special care and preparation in work to avoid creating unsafe conditions.

Proper barricading, posted signs and safety markers shall be in place where necessary to protect the students, guests, faculty and staff from hazardous areas.

J. Termination for Default

If the contractor fails to fulfill its obligations under the contract pursuant to these detailed specifications properly and on time or otherwise violates any provision of the contract, the University may terminate the contract by written notice to the contractor.

All finished or unfinished supplies and services shall at the University’s option, become the University’s properties. The University shall pay the contractor fair and equitable compensation for satisfactory performance prior to receipt of notice to the contractor for termination, less the amount of damages caused by the contractor’s breach. If the damages are more than the compensation payable to the contractor, the contractor shall remain liable after termination and the University can affirmatively collect damages.

K. Termination for Convenience

The performance of work under the contract pursuant to these detailed specifications may be terminated by the University in accordance with this clause in whole or from time to time in part, whenever the University shall determine that such termination is in the best interest of the University. The University will pay all reasonable costs associated with the contract pursuant to these detailed specifications that the contractor has incurred up to the date of termination and all reasonable costs associated with termination of the contract. However, the contractor shall not be reimbursed for any anticipatory profit that has not been earned up to the date of termination.

L. Utilities Use

The use of water, sewer and electric utilities shall conform to the University’s policies.

Utilities to be furnished by the University without cost to the contractor for work directly related to this project. The contractor shall be responsible for connecting to the existing electrical service. All electrical connections must be in complete accord with all applicable electrical safety codes. All electrical power connections, other than standard 120-volt connection, shall be prior authorized by the Director of the OSHE Department and done in a workmanlike manner.

M. Guaranty

1. The contractor shall furnish a Manufacturer’s Labor and Material Warranty covering a period of two (2) years.

2. The rights and remedies provided herein are in addition to and do not limit rights afforded to the University by any other clause on the contract pursuant to these detailed specifications.

N. Contractor Employee Identification

1. The contractor shall provide identification such as a uniform with company logo and name, photo ID badge, etc. for all their employees servicing the University.

2. All contractor service vehicles are to be readily identifiable by company name and phone number clearly shown on the exterior of the vehicle. All University parking regulations are to be followed by the contractor and any authorized subcontractors.

3. The contractor shall furnish a written list of employees to be used on the contract with the University. The list will include their full name, position with the company and years of experience directly applicable to the contract pursuant to these detailed specifications. A company organizational chart will be furnished at the Work Initiation Conference unless there is already one on file with the University.

3…