5-26500-261 Blinds IFB for JOC.pdf

INVITATION FOR BID

26500-261

BLINDS AND STAGE CURTAINS SERVICES

JOB ORDER CONTRACT

Purchasing Division purchasing@mywcps.org

Release Date February 26, 2026 mailto:purchasing@mywcps.org

IFB 26500-261 BLINDS AND STAGE CURTAINS SERVICES TOC-1

TABLE OF CONTENTS

BIDDING DOCUMENTS: The Bid Documents consist of the following:

00030 – Notice to Bidders

00090 – Instruction to Bidders

00095 – Scope of Work

00100 – General Conditions

00110 – Supplementary Conditions

00111 – Bid Instructions & Business Background Form

00301 – Bid Form – Pricing

Exhibit A – Project References

Exhibit B – Bid Affidavit

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Rick Konrad Purchasing Manager

Business Support Services

NOTICE TO BIDDERS

BLINDS AND STAGE CURTAIN SERVICES – JOB ORDER CONTRACT

It is the intention of WCPS to establish one or more Master Agreements for on-call Blinds and Stage Curtain Services Job Order Contract to qualified contractors for use by WCPS on an as needed basis.

Description of Work: Work consists of various on-call installation, repair, and maintenance services and related work as needed per the attached Scope of Work. This relates to projects up to $500,000 in costs.

Formal Bids will be received by Wicomico County Public Schools (“WCPS”) no later than March 20, 2026, by 2:30 PM EST.

Bids are to be delivered via Euna/Bonfire Procurement Portal at https://wicomicoschools.bonfirehub.com/portal/?tab=openOpportunities. Vendors must register on the Euna/Bonfire site to submit a bid.

No Bidder may withdraw their Bid within ninety (90) days after the date and time of IFB opening.

WCPS may extend the time and place for the opening of Bids by notification via addendum published on the Procurement Portal.

WCPS reserves the right to reject any or all Bids and waive formalities, informalities, and technicalities therein. The WCPS reserves the right to contact a Respondent for clarifications and may, at its sole discretion, allow a Respondent to correct any and all formalities, informalities, and technicalities in the best interest of the WCPS.

WCPS reserves the right to utilize existing WCPS or cooperative contracts in the best interest of the WCPS.

All addenda will be posted on the Euna/Bonfire portal.

Rick D Konrad Rick D. Konrad, CPP Procurement Manager https://wicomicoschools.bonfirehub.com/portal/?tab=openOpportunities https://wicomicoschools.bonfirehub.com/portal/?tab=openOpportunities

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INSTRUCTIONS TO BIDDERS

1. CLARIFICATIONS: If any person who contemplates submitting an offer is in doubt as to the true meaning of any part of the Terms and Conditions, Bid Documents, and/or Invitation For Bid (IFB), they MUST submit a written request for an interpretation thereof, delivered to purchasing@mywcps.org with a cc to glathbury@mywcps.org no fewer than seven (7) working days prior to the time and date the offers are due. Answers will be provided via Addendum within three (3) working days of the solicitation deadline. No phone calls please.

WCPS will not be responsible for any other interpretations or explanations of the

Specifications that are not provided in writing via addendum.

2. EXCEPTIONS: It shall be the responsibility of the Contractor to include with their Bid a list and clarification of any deviations from or qualifications of the Terms and Conditions and Specifications. The list must be attached to the Bid Form - Price.

Failure to provide a list of exceptions may result in the withdrawal of the award.

3. INTERPRETATION OF THE TERM "EQUAL": The Board of Education of Wicomico

County (WCPS) reserves the right to evaluate the quality of articles offered as alternate or equal, and reserves the right to reject any or all articles judged not equal.

4. DETERMINATION OF GRADE OR QUALITY: WCPS reserves the right to award an item to other than the lowest Bid if, in its judgment, there is sufficient reason to believe that another item is a better grade, quality or that it will better serve the interests of the WCPS, whether based on product samples, objective test, subjective test, or experience.

5. BID SUBMISSIONS: All Bids must include the Bid Form included in the Bid

Documents signed by an official capable of committing the offeror to contractual relationships.

A. Any Bid may be withdrawn prior to the Bid’s due date and time; however, all Bids are considered final after the date and time for receipt of Bids.

B. Final Bids may not be altered, withdrawn, or canceled, for a period of 90 days after the time and date designated for receipt of Bids.

C. Bids must be delivered to the Purchasing Department via the submission portal mentioned in the Notice to Bidders.

D. Bid submissions WILL NOT be accepted through eMaryland Marketplace, fax, email, or regular mail.

6. ANTI-COLLUSION: By signing the Bid Forms, the Bidder understands that, in accordance with the Annotated Code of Maryland Finance and Procurement Article 11-205; a person who, for the purpose of defrauding the WCPS, acts in collusion with another person in connection with the procurement process is liable for damages.

mailto:purchasing@mywcps.org mailto:glathbury@mywcps.org

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7. ANTI-BRIBERY/DEBARMENT: This procurement is subject to the Annotated Code of Maryland Finance and Procurement Article 16 concerning Debarment of Contractors. By signing this Form of Bid, the offeror agrees that they understand and are in compliance with Article 16.

8. POLITICAL CONTRIBUTION DISCLOSURE: Election Law Article, §§14-101—14-

108, Annotated Code of Maryland, requires that every person that enters into contracts, leases, or other agreements with the State of Maryland, including its agencies or a political subdivision of the State, during a calendar year in which the person receives in the aggregate $100,000 or more shall file with the State Board of Elections a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election.

9. ASBESTOS CONTAINING BUILDING MATERIALS: By submitting a Bid for this project, the Contractor agrees that no asbestos containing building materials will be used in this project by any contractor, sub-contractor, or sub-sub-contractor.

10. TOBACCO-FREE SCHOOLS POLICY: All contractors, sub- contractors, and sub-sub-contractors must comply with the WCPS's tobacco-free schools policy "ADC". The policy states that "the sale or use of tobacco in any form is prohibited in all buildings and all outside seating areas owned or leased by the Board of Education of Wicomico County, at all times (24 hours a day, every day), regardless of whether or not students are present." The policy also states that "the use of tobacco in any form is prohibited on school grounds during the official school day (7 a.m. to 5 p.m.)."

Any contractors, sub-contractors, or sub-sub-contractors "which do not enforce this tobacco-free policy may be ... declared in default of their contract."

11. CHILD SEX OFFENDER NOTIFICATION: Maryland law requires certain child sex offenders to register with the local law enforcement agency. One of the purposes of this law, found in Article 17.792, is to inform school systems when a child sex offender is residing or working in the area. When the child sex offender registers, the local police are required to notify the Superintendent of Schools, and the Superintendent, in turn, is required to send a notice to school principals.

As a Contractor working for WCPS, we require that you do not employ convicted child sex offenders to work on projects for our school system if they, as a result, are required to perform delivery, installation, repair, construction or any other kind of services on WCPS property.

12. CRIMINAL BACKGROUND CHECK AND WORKER ASSIGNMENT:

A. Effective July 1, 2015, amendments to 6-113 of the Education Article of the Maryland Code further require that a contractor or subcontractor for a local school system may not knowingly assign an employee to work on school premises with direct, unsupervised, and uncontrolled access to children, if the employee has been convicted of, or pled guilty or nolo contendere to, a crime involving:

1) A sexual offense in the third or fourth degree under 3-307 or 3-308 of the

Criminal Law Article of the Maryland Code or an offense under the laws of another state that would constitute an offense under 3-307 or 3-308 of the

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Criminal Law Article if committed in Maryland.

2) Child sexual abuse under 3-602 of the Criminal Law Article, or an offense under the laws of another state that would constitute child sexual abuse under 3-602 of the Criminal Law Article if committed in Maryland; or

3) A crime of violence as defined in 14-101 of the Criminal Law Article, or an offense under the laws of another state that would be a violation of 14-101 of the Criminal Law Article if committed Maryland, including: (1) abduction; (2) arson in the first degree; (3) kidnapping; (4) manslaughter, except involuntary manslaughter; (5) mayhem; (6) maiming; (7) murder; (8) rape; (9) robbery;

(10) carjacking; (11) armed carjacking; (12) sexual offense in the first degree;

(13) sexual offense in the second degree; (14) use of a handgun in the commission of a felony or other crime of violence; (15) child abuse in the first degree; (16) sexual abuse of a minor; (17) an attempt to commit any of the crimes described in items (1) through (16) of this list; (18) continuing course of conduct with a child under 3-315 of the Criminal Law Article; (19) assault in the first degree; (20) assault with intent to murder; (21) assault with intent to rape; (22) assault with intent to rob; (23) assault with intent to commit a sexual offense in the first degree; and (24) assault with intent to commit a sexual offense in the second degree.

B. Also, effective July 1, 2015, amendments to 5-561 of the Family Law Article of the Maryland Code mandate that each contractor and subcontractor shall require that any individual in its workforce must undergo a criminal background check if the individuals have direct unsupervised, and uncontrolled access to children.

13. BID AFFIDAVIT: In accordance with the State Procurement Regulation Mandatory

Written Solicitation Requirements, CoMar 21.505.08.07, this Bid requires a signed Bid Affidavit. This affidavit is attached to the Form of Bid. Submissions without this document may be considered non-responsive.

14. TAXES:

A. Nothing in these Terms and Conditions and Specifications shall be construed as relieving the Contractor of their responsibility in paying all applicable taxes.

B. Sales of materials used to improve the realty of government entities are taxable.

The Maryland Sales and Use Tax Exemption Certificate of the Wicomico County Board of Education should not be used by contractors performing such work.

15. MATERIALS:

A. Unless explicitly stated otherwise, all specified equipment and material comprising the work of this Contract, as being provided, furnished, or installed, shall imply the inclusion of all components, hardware, and accessories, required for complete installation and satisfactory operation as intended by the manufacturer. Wherever the method installation of any material is not explicitly specified, the installation shall be as recommended by the manufacturer.

B. Wherever in the Contract Documents it is provided that the Contractor shall furnish materials or equipment for which no detailed specifications are set forth, IFB 26500-261 BLINDS AND STAGE CURTAINS SERVICES 00090-4 such materials or equipment shall be new and of the best grade for the respective purpose for which they will be used when incorporated in the work. Materials specified by reference to a number or symbol of a specific standard, such as A.S.M., Federal Specification, State Standard, Trade Association, or similar standards, shall comply with requirements in the latest revision thereof and any amendment or supplement in effect on the date of Bid opening.

C. None of the materials to be provided, furnished or installed on this project shall contain asbestos or any other "hazardous substance" as that term is defined by Federal or State law.

16. NONDISCRIMINATION:

A. NONDISCRIMINATION CLAUSE: In accordance with the Annotated Code of Maryland, State Finance and Procurement Article 13-219, discrimination on the basis of sex, race, age, color, creed, or national origin is prohibited under the terms of this contract by any contractor, sub-contractor, or sub-sub-contractor.

B. Contractors and sub-contractors are required to include similar notification in all sub-contracts for other than standard commercial supplies or raw materials and are required to post notice of this provision so that the notice will be available to the Contractor's and/or sub- contractor's employees and applicants.

17. MINORITY BUSINESS ENTERPRISE PROCEDURES:

A. The Wicomico County Public Schools encourages all qualified Minority Business Enterprises (MBE) to apply for certification with the Maryland Department of Transportation (MDOT).

B. All qualified MDOT Certified MBE’s are encouraged to respond to this solicitation notice.

C. WCPS encourages prime contractors submitting an offer to this IFB to develop a plan to utilize qualified MDOT certified MBE’s as sub-contractors.

END INSTRUCTIONS TO BIDDERS

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SCOPE OF WORK

1. SERVICES TO BE PROVIDED

A. The Contractor will provide all necessary transportation, labor, supervision, tools, parts, equipment, supplies, materials, and incidental items of any kind as may be required to satisfactorily complete any required on-call drapes and stage curtain services on an” as needed” basis, including projects and emergency repairs.

The scope will typically consist of the installation of blinds, cleaning of stage curtains, repair of stage curtains, or replacement of stage curtains.

B. Blinds to be furnished as needed for installation in all WCPS buildings shall meet or exceed Springs Window Fashions brand. Specification sheets should be provided with the submission.

C. Stage curtains to be furnished as needed for installation in all WCPS buildings shall be fire rated to meet fire safety code NFPA 701 standards as specified by the International Building Code (IBC) and enforced by local fire marshals.

This means fabrics must be Inherently Flame Resistant (IFR) or chemically treated (FR) and regularly re-certified (often every few years) to ensure they pass flame tests, with documentation like tags proving compliance.

NOTE: Stage curtains are currently installed in all school buildings with the exception of our ELT and Pathways buildings.

D. The awarded Contractor is expected to have staff readily available with the necessary skills to perform each of these tasks on small-scale projects.

E. While the use of sub-contractors is not discouraged and at times may be required by the specific performance requirements of the project, it is the expectation of the WCPS that the Awarded Contractor will have the capability to self-perform the requested tasks if applicable.

F. The Contractor shall provide all necessary safety equipment, whenever required, to perform work in a safe working environment.

G. The Contractor shall supply employees with a company uniform or garment and a visible photo identification badge containing the employee's name and the company's name, at minimum.

These uniforms or garments and identification badges are compulsory attire for all Contractor employees while present on Owner premises.

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H. All work shall be performed in accordance with all Occupational Safety and Health Administration (OSHA), U.S. Environmental Protection Agency (EPA), Federal, State, and local regulations.

I. The Contractor shall obtain all necessary licenses and/or permits required to perform any work.

2. JOB ASSIGNMENTS – TASK ORDERS

A. Projects may be awarded to any of the awarded Contractors if WCPS is satisfied with the service provided by the firm, the ability of the firm to execute additional work on time acceptable to WCPS, and for a fee that is fair, competitive, and reasonable.

WCPS will evaluate a contractor’s performance of services at the completion of a project and may be used as evaluation criteria on future small-scale Job Order opportunities.

B. WCPS will provide a Scope of Work or outline of the required services for a specific project and contact an awarded Contractor(s) with a Task Order Request (TOR).

Within seven (7) working days, the Contractor will provide a written Task Order Proposal. NOTE: The parties may mutually agree to a response time greater than seven (7) working days.

Multiple contractors may be asked to respond to the TOR and the responses shall be scored and an award made to the highest scored response.

These services shall be negotiated on a per-project basis and upon agreement of a Not to Exceed (NTE) cost, the Scope of Services required, and the time frame for completion of the project.

A purchase order will be issued by WCPS to initiate the work reflecting the agreed-upon terms. Receipt of a purchase order by the contractor shall be deemed a Notice to Proceed.

C. Work Plan

The plan of operation shall identify and restate all performance and work requirements described herein.

1) The name and telephone number(s), including a cell phone of a contact person that has total responsibility of addressing and providing solutions to any deficiencies that may occur.

2) The name of the supervisor and names of all employees assigned to work under this contract.

3) Resumes for all Contractor's employees assigned to work under this contract.

4) A copy of the Contractor's safety program, to include a training schedule and the availability and location of all first aid kits while on the job sites.

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5) A copy of the Personal Protective Equipment program in accordance with Occupational Safety and Health Administration (OSHA) 29 CFR 1910 as appropriate.

6) A copy of the Contractor's Hazardous Communications Plan per OSHA 29 CFR 1910.1200.

D. EMERGENCY SERVICES:

On occasion, depending on the nature of a situation, there may be a need to provide emergency/immediate services. Under normal circumstances, the following will apply:

1) Contractor may be required to meet with the owner 48 hours from the time of notification.

2) Contractor is to provide a Work Plan to the owner within 48 hours after the scope review meeting.

3) Contractor shall be required to commence work and complete work in accordance with a schedule acceptable to the PARTICIPATING ENTITY.

E. REQUIRED EVENING, WEEKEND, OR HOLIDAY PROJECT SCHEDULE:

1) WCPS may require the work to be performed during evenings, weekends, or holidays due to the inability to interrupt normal business operation.

2) The Project Manager will make this determination prior to requesting the Job Order Proposal. The Contractor shall remove and properly dispose of all waste and foreign materials. At the end of each day's work, the entire work area is to be left "broom cleaned" and ready for use.

3. BILLABLE LABOR AND MATERIALS RATES:

A. Labor Rate Criteria

Davis Bacon or Prevailing Wage requirements are typically EXCLUDED (unless stated otherwise in a Task Order Request)

1) The Billable Labor Rates will be fully burdened. (e.g., includes all taxes, benefits, small tools, insurance, supervision, overhead, profit, etc.

2) The successful Contractor(s) shall invoice WCPS at these labor rates for each project completed under this contract.

3) WCPS’s Project Manager and the successful Contractor shall establish the number of hours per project before the start of each project.

4) Payment shall only be made for the hours spent on-site. No travel charges should be included.

5) The Evening, Weekend or Holiday Billing Rates may not be greater than 150% of the Regular Hourly Billing Rates. No overtime rates should be applied without approval in writing from the WCPS Project Manager.

a) Overtime is weekday evenings after 5 P.M and Weekends.

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b) Holidays - The following days are recognized for Holiday Rates as appropriate: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

6) WCPS’s Project Manager may issue a Change Authorization Request (CAR) to increase or decrease the amount of authorized billable hours if scope of project is modified. Modifications must be mutually agreed upon in writing.

7) An itemized bill must be provided for all labor and materials.

B. The successful Contractor(s) will be required to obtain all necessary pricing from suppliers and subcontractors. Minimum of two quotes are preferred. Suppliers and subcontractors may be vetted by WCPS. Full disclosure of all bids/quotes may be required for review by WCPS.

C. The owner reserves the right to purchase material directly from a supplier when practicable. The Contractor will supply material list.

D. SUBCONTRACTOR MARGIN: The successful Contractor(s) shall invoice WCPS for the actual cost plus the quoted percentage. This should be documented with the invoice.

Copies of invoices must be provided by the Contractor should they be requested by WCPSs Project Manager or Comptroller.

E. MISCELLANEOUS MATERIALS MARGIN: The successful Contractor shall invoice the actual cost plus the quoted percentage. This should be documented with the invoice.

F. RENTAL EQUIPMENT MARGIN: The successful Contractor shall invoice the actual cost plus the quoted percentage. This should be documented with the invoice.

END OF SECTION

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GENERAL CONDITIONS

1. DEFINITIONS:

Addendum: Written change or revision to the Bidding Documents issued to the prospective Bidders prior to the time of receiving bids.

Alternate: The sum to be added to, or deducted from, the Base Bid if the change in scope of work as described in Alternates is accepted by WCPS.

WCPS: Wicomico County WCPS of Education also WCBE and WCPS.

Furnish: Purchase and deliver to the site of installation.

Holidays: The following days are recognized for Holiday Rates as appropriate: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and Christmas Day.

Install: Fix in place of materials; and fix in place and connect for equipment.

Owner: Wicomico County WCPS of Education (aka Wicomico County Public Schools).

Project: Collectively, future Work is to be accomplished by the Contractor in satisfaction with a requirement or group of related requirements pursuant to one or more purchase orders or other ordering instruments.

Project Manager: The Owner will designate a Project Manager for each approved Task Order. The Project Manager will serve as the Owners Representative and may make decisions related to the order work on behalf of the Owner.

Secure: Obtain.

Task Order Request (TOR): a request for a proposal for a specific project under this Job Order Contract issued to one or more contract holders to provide a proposal.

Work: The labor, material, equipment, and services necessary or convenient for the completion of future Task Orders.

2. PROJECT MANAGER:

A. WCPS will establish the Project Manager on the Purchase Order unless identified in the Bidding Documents.

B. On any project arising out of this Job Order Contract, all project correspondence, approvals, coordination, and contract administration shall be conducted through WCPS' Project Manager. The Project Manager shall have authority, as outlined in the Bidding Documents, to act as agent for WCPS.

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C. The Project Manager is responsible for the overall design and specifications of the Projects arising from this contract and the final authority in judgments of aesthetic consideration. The working drawings, technical specifications, sketches, and other data necessary to define the work covered by these Contract Documents will be approved by the Project Manager.

D. The Project Manager shall visit, inspect, and observe the installation to determine general compliance with the Task Order requirements, and interpret the specifications consistent with their intent. The Project Manager shall evaluate any drawings, samples and other submittals required in the technical specifications, and provide approvals as needed.

E. Should any dispute arise respecting the true value of any work done, or any work omitted, or of any extra work which said second party may be required to do, or respecting the size of any payment to said second party during the performance of this contract, said dispute shall be decided by the Project Manager, and the decision of the latter shall be final and conclusive.

F. The project manager shall conduct all project correspondence, approvals, coordination, and contract administration. WCPS' Project Manager shall have the authority, as outlined in the Bidding Documents, to act as an agent for WCPS.

3. PROJECT CONFERENCE/PROGRESS MEETINGS:

A. Upon award of a future Task Order the Project Manager may require a pre-project conference and request additional meetings, drawings, and details that are required to serve WCPS.

B. The following Project Management documentation shall be provided upon request:

1) Project Schedule

2) Schedule of Values with MBE firms indicated (if applicable).

3) Subcontractor list with MBE firms indicated (if applicable).

4) All required licenses, insurance, and bonds (if applicable).

C. The Prime Contractor and all subcontractors shall be represented by individuals that are authorized to commit to the necessary resources to provide their portion of the project.

Attendance at all Pre-project and progress meetings is mandatory unless prior approval is obtained from the Project Manager.

4. MASTER MANDATORY PROVISIONS:

A. Any material, item, or piece of equipment mentioned, listed, or indicated without a definition of quality shall be consistent with the quality of adjacent or related materials, items, or equipment.

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B. Any method of installation, finish, or workmanship of an operation called for, without definition of standard of workmanship, shall be followed or performed and finished in accordance with good practice and consistent with adjacent or related installations.

C. Any necessary material, item, piece of equipment, or operation not called for but reasonably implied as necessary for proper completion of the work shall be furnished, installed, or performed and finished and shall be consistent with adjacent or related materials, items, or pieces of equipment, and following good practice.

D. Names or numbered products are to be used according to the manufacturers' specifications, directions, or recommendations unless otherwise specified.

5. RESPONSIBILITY OF THE CONTRACTOR:

A. It shall be the responsibility of the Contractor to notify their subcontractors at the time of the Task Order Request on all portions of the Bidding Documents (future TORs) and any parts of other sections of specifications or plans that the Contractor intends to include as part of the subcontract.

B. All contact with students should be avoided.

C. The Contractor shall submit verification of a company-wide substance abuse policy upon written request by WCPS.

D. The Contractor shall be held strictly responsible for the proper performance of all work covered by the Contract, including the work performed by them and all their subcontractors.

E. The Contractor shall provide resumes, as part of any TOR submission, of

Superintendents and Project Managers that the bidder intends to assign to work on WCPS projects. Any changes thereafter must be submitted to WCPS Project Manager for review and written approval.

F. The Contractor shall perform all the work required by the Contract Documents and furnish all labor, materials, plant, equipment, tools, and appurtenances necessary to perform said work and complete it within the time specified.

The Contractor shall at all times perform the work of this Contract in a competent and workmanlike manner and, if not specifically stated, accomplish the work according to the best standards of industry practice.

G. SUPERVISION: The Contractor shall employ a full-time competent, English speaking, superintendent and necessary assistants who shall have complete authority to act for the Contractor on all matters pertaining to the work. The Project Superintendent shall be on-site at all times and remain on-site, through

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the duration of the project. The contractor’s Project Superintendent must be accessible to WCPS Project Managers by cell phone.

H. DEMOLITION: When applicable, the Contractor shall remove and legally dispose of all items except those identified by the Owner to be reinstalled, salvaged, or to remain the Owner's property.

6. REPORTING TO SCHOOL ADMINISTRATION:

A. At the beginning of Task Order Project, the Contractor must notify WCPS’ Project Manager at least 48-hours prior to arrival at the facility, and schedule access and project activities.

B. All Contractors, subcontractors and/or employees, shall upon entering any WCPS facility show proof of identification, sign-in and obtain a WCPS numbered Contractor Security Badge and/or visitor’s badge.

C. Upon completion of the project, all Contractor Security Badges must be returned before final payment can be made. Contractors that can provide their own verifiable, managed security identification program may be exempt from this requirement with prior approval by WCPS Project Manager.

D. If the Contractor considers it necessary or desirable to work on Saturday, Sunday, or a holiday, they shall notify WCPS at least forty-eight (48) hours before the commencement of such work to provide the Project Manager with the time necessary to make arrangements to allow Contractor access to the building.

7. USE OF WCPS FACILITIES:

A. The Contractor, subcontractor, and sub-subcontractor shall confine their operation to those areas permitted and authorized by the Project Manager. The use of WCPS' facilities (toilets, restrooms, lunchrooms, dumpsters, etc.) and utilities are strictly prohibited unless previously authorized and approved by the Project Manager.

B. The Contractor, subcontractor, sub-subcontractor may park only in those areas designated by the Project Manager.

8. SUBCONTRACTORS:

A. Nothing contained in the Contract Documents shall create any contractual relationship between any subcontractor and WCPS. WCPS shall be deemed to be the third-party beneficiary of the contract between the contractor and the subcontractor. If the Contractor does not specify a subcontractor for any portion of the work to be performed under this Contract, they agree to perform that portion of the work with their own forces.

B. The Contractor shall not substitute any other person or firm as a subcontractor, other than those listed in the Task Order proposal submitted by them, without the

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written approval of WCPS.

WCPS reserves the right of approval of all subcontractors proposed for use on this Project, and to this end, may require financial, performance and additional information as is needed to secure this approval. If a subcontractor is not approved, the Contractor shall promptly submit another of the same trade for approval.

C. The Contractor shall insert appropriate provisions in all subcontracts pertaining to work on this Project requiring the subcontractors to be bound by all applicable terms of the Contract Documents. The Contractor shall be as fully responsible for the acts and omissions of their subcontractors and of persons either directly or indirectly employed by them as they are for the acts and omissions of persons directly employed by them.

10 GOVERNING LAW AND VENUE:

A. The bid shall be construed in accordance with and interpreted under the Laws of the State of Maryland. Any lawsuit arising out of such a bid shall be filed in the appropriate State Court of competent jurisdiction located in Wicomico County, Maryland.

11. CLAIM AND DISPUTES:

A. The Owner shall in no way be obligated to enter into mediation proceedings with a Contractor for any purpose whatsoever. The Owner will reserve unto itself the right to determine what form of litigation, and its locations are appropriate at the time the dispute arises.

12. INSURANCE:

A. The Contractor shall not commence work under this contract until they have obtained all insurance required under this Article and such insurance has been approved by the Owner.

B. The Contractor shall provide to the Purchasing Manager a current Certificate of

Insurance indicating the coverages below with their bid and they agree to maintain such insurance until the completion of the contract.

C. The minimum insurance coverages shall be:

1) Workmen's Compensation: The Contractor shall maintain throughout the life of the contract statutory Workers' Compensation, including Maryland benefits and employer's liability with limits of $100,000/$100,000/$500,000 for all of the Contractor's and any subcontractor's employees who will be engaged in the work at the sites of the project.

2) Commercial General Liability: The Contractor shall establish and maintain throughout the life of the contract Commercial General Liability Insurance - $2,000,000 each occurrence/general aggregate covering all

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premises and operations and including Personal Injury, Completed Operations, Contractual Liability and where applicable to the project as determined by the Purchasing Agent, Products, and Independent Contractors.

The general aggregate limit is to apply per project; and

3) Business Automobile Liability: $2,000,000 Combined Single Limit (Owned, non-owned, and hired).

D. WCPS requires a forty-five (45) day notice, in writing, of cancellation, non-renewal or change in insurance coverage affecting this project. This written notice shall be furnished by the Contractor's insurance carrier(s) or insurance agent(s) to WCPS' Purchasing Agent.

E. All bidders will have a current Certificate of Insurance (ACORD certificates) on file in the Purchasing Office at the time of the bid opening or included with the bid. Failure to provide the ACORD certificate may result in the bidder's offer being considered non-responsive.

F. WCPS (including its elected or appointed officials, agents, and employees) is to be named as an additional insured in the Contractor's General Liability Policy.

Coverage must be primary with respect to WCPS, its agents, and employees.

13. CODES AND REGULATIONS:

A. The Contractor shall be knowledgeable of and comply with all codes, ordinances, regulations, or orders of properly constituted authority having jurisdiction over the work of this project. The Contractor shall examine the Contract Documents for compliance with these codes and regulations, and they shall promptly notify the Project Manager of any discrepancies. Changes to the specifications shall be made only by means of change orders, or modifications approved by the Project Manager and/or the Procurement Manager. Change order procedures shall be as described elsewhere in these Contract Documents.

B. All work and materials shall be in full accordance with the latest rules and regulations and other applicable State laws or regulations.

14. PERMITS/PUBLIC UTILITIES:

A. The Contractor shall obtain and pay for all permits, fees, licenses, and inspections that are required in order to perform the work under this Contract.

WCPS shall pay connection charges and meter costs for new permanent utilities required by these Contract Documents.

B. The Contractor shall notify WCPS sufficiently in advance to submit requests for service to the appropriate utility companies so as to ensure connections or installation of utility services in accordance with the Project schedule.

15. PATENTS AND ROYALTIES: The Contractor shall pay for all royalties and patents and shall defend all suits or claims for infringement on any patent right and shall save WCPS harmless from loss of account thereof.

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16. SAFETY AND FIRE PREVENTION:

A. OCCUPATIONAL SAFETY AND HEALTH ACTS: Contractor(s) who perform any work under this contract shall fully comply with the provisions of the Federal Occupational Safety and Health Act of 1970 and any amendments thereto and regulations pursuant to the act, and also to the Maryland Occupational Safety and Health Act, Article 89, Sections 28 to 49A inclusive, Annotated Code of Maryland, as amended by Chapter 59, Laws of Maryland 1973 and any regulations pursuant thereto.

B. The Contractor shall provide proof of safety training programs for all employees to be used on any WCPS project and disclosure of the bidder’s safety EMR (Experience Modification Rate).

C. The Contractor shall take thorough precautions at all times for the protection of persons and property and shall be liable for all damages to persons or property, either on or off the site, which occur as a result of their prosecution of the work.

17. HAZARDOUS MATERIALS:

A. This contract does not include the removal, handling, or disturbance of any hazardous substances or materials encountered in the new construction or on the project grounds. If such substances or materials are encountered, work shall cease in that area and WCPS shall be notified to take appropriate action for removal or otherwise abating the condition in accordance with current regulations applicable to WCPS.

B. All contractors performing work on WCPS of Education premises are required to make themselves aware of the locations of asbestos containing building materials that exist on the work site. WCPS personnel can supply such information prior to commencement of work.

1) General:

a) No asbestos, asbestos containing products or other hazardous materials shall be used in this construction or in any tools, devices, clothing, or equipment used to affect this construction.

b) Asbestos and/or asbestos containing products shall be defined as all items containing but not limited to chrysotile, crocidolite, amosite, anthophyllite, tremolite and actinolite.

c) Any or all material containing greater than one-tenth of one percent (> .1%) asbestos shall be defined as asbestos-containing material.

d) Any disputes involving the question of whether or not material contains asbestos shall be settled by electron microscopy; the costs of any such tests shall be paid by the contractor.

e) All work or materials found to contain asbestos, or work or material installed with asbestos containing equipment will be immediately rejected and this work will be removed at no additional cost to the Owner.

2) Decontamination and Removal of hazardous material from prior work:

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a) Decontamination and removal of work found to contain asbestos, or work installed with asbestos containing equipment shall be done only under the supervision of a qualified consultant, knowledgeable in the field of asbestos abatement and accredited by the Environmental Protection Agency.

b) The asbestos removal contractor shall be an EPA accredited contractor qualified in the removal of asbestos and shall be chosen and approved by the asbestos consultant who shall have sole discretion and final determination in this matter.

c) The asbestos consultant shall be chosen and approved by WCPS, which shall have sole discretion and final determination in this matter.

d) The work will not be accepted until asbestos contamination is reduced to levels deemed acceptable by the asbestos consultant.

e) Cost of all asbestos removal from prior work, including but not necessarily limited to the cost of the asbestos removal contractor, the cost of the asbestos consultant, analytical and laboratory fees, time delays, and additional costs as may be incurred by WCPS and/or its agent(s) shall be borne entirely by WCPS.

3) Hold Harmless:

a) Interface of work under this contract with work containing asbestos shall be executed by the Contractor at their risk and at their discretion with full knowledge of the currently accepted standards, hazards, risks, and liabilities associated with asbestos work and asbestos containing products. By execution of this contract the Contractor acknowledges the above and agrees to hold harmless the Owner, their employees, agents and assigns for all asbestos liability which may be associated with this work and agrees to instruct their employees with respect to the above-mentioned standards, hazards, risks, and liabilities.

b) The Contractor shall, prior to commencement of this work, provide a duly signed and notarized affidavit that they have instructed their employees with respect to the above-mentioned standards, hazards, risks and liabilities and the contents and requirements of this portion of the contract documents.

4) Certification:

The Contractor agrees that materials containing asbestos or other hazardous materials as defined in Federal and State law, shall not be used in construction and will provide prior to final payment a notarized affidavit stating that no asbestos containing building materials or other hazardous materials as defined in Federal and State law were installed during the project by themselves, their subcontractors, or sub-subcontractors.

18. TEMPORARY FACILITIES:

A. The Contractor shall obtain permits for, install and maintain in safe condition whatever scaffolds, hoisting equipment, barricades, walkways, or other temporary structures which may be required to accomplish the work. Such structures shall be adequate for the intended use and capable of safely accepting all loads that may be imposed upon them. They shall be installed and maintained in accordance with all applicable state and local codes and regulations.

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B. The Contractor shall provide and maintain temporary heat from an approved source whenever in the course of the work it may become necessary for curing, drying, or warming spaces as may be required for the installation of materials or finishes. The Contractor shall provide and maintain any and all facilities that may be required for dewatering in order that work may proceed on the project. If it is necessary for dewatering to occur continually, the Contractor shall have on hand whatever spare parts or equipment that may be required to avoid interruption of service.

C. The Contractor shall promptly remove all such temporary facilities when they are no longer needed for the work or on completion of the project. The Contractor shall repair any damage to premises or property which resulted from the construction, use, or removal of temporary facilities and shall restore said premises and property to their original condition.

19. SIGNS: No signs may be displayed on or about WCPS' property (except those which may be required by law) without WCPS' specific approval of size, content, and location. Any signs required by WCPS will be designated in the scope of work.

20. TIME:

A. It shall be understood that time is of the essence of the Contract, and the Contractor must prosecute the work diligently and regularly at such a rate of progress as to ensure completion of this Project within, or sooner than, the time specified. The Contractor shall commence the work on the date indicated in the Notice to Proceed, and they agree to complete all work described by the Contract Documents within, or sooner than, the number of calendar days required in the Contract.

B. The Contractor and subcontractors shall investigate and become aware of the amount of time required for the delivery of all equipment and materials required to perform the work under this Contract, and no extension of time shall be granted due to failure to order said equipment and materials sufficiently before their incorporation into the work so as to avoid delay to the Project.

C. The Contractor and subcontractors shall provide and maintain enough workforce, materials, and equipment to ensure a rate of construction progress that will complete the Project within or sooner than the time specified and according to the schedule of work. If, in the Project Manager's opinion, the Contractor and/or their Subcontractors are not prosecuting the work at a sufficient rate of progress to meet the Project schedule, WCPS may direct the Contractor to provide additional manpower, materials or equipment, or to work additional hours, holidays or weekends without additional cost to WCPS until the work is progressing in a manner satisfactory to WCPS.

Failure to prosecute the work in a timely manner and according to the Project schedule is considered a breach of Contract and is cause for termination of the

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Contract according to the Article on " TERMINATION" in the Supplementary Conditions.

21. DELAYS AND TIME EXTENSIONS:

A. The Contractor may be granted a time extension if they encounter an unavoidable delay of the work due to causes completely beyond their control and which they could not have avoided by the exercise of more care, prudence, foresight, and diligence. Causes for which a claim for extension of time may be made are acts of the public enemy, acts of another Contractor in the performance of another contract with WCPS, fire, flood, violent windstorm, epidemic, quarantine restriction, strike, freight embargo, or weather of an unusually severe nature. The Contractor will not be granted time extensions for weather conditions which are normal for the location of the Project, according to the U. S. Weather Bureau Records.

B. A request for extension of time shall be made in writing to the Project Manager within ten (10) calendar days of the date the delay is encountered and shall include a detailed description of the reasons for the delay and corrective measures by the Contractor. In order for the Project Manager to consider a request for time extension, the Contractor must prove that the reasons stated for a delay actually caused a delay in portions of the work which will result in completion beyond the date specified in the Contract. The Contractor may be granted a time extension for a significant change in the scope of work which request for extension of time shall be included in a Contract Modifications Proposal.

C. No damages or compensation or any kind shall be paid to a Contractor because of delays in the progress of work, whether such delays be avoidable or unavoidable that are not the responsibility of WCPS. WCPS' liability to Contractor for delays for which WCPS is responsible shall be limited to an extension of time for delays unless such delays were unreasonable under the circumstances involved and were not within the contemplation of the parties when the contract was awarded. The Project Manager shall determine the actual costs to Contractor for which the Contractor may claim damages from WCPS. Such costs, if any, shall be directly related to the project, and shall not include costs that would be borne by the Contractor in the regular course of business, including, but not limited to, office overhead and ongoing insurance costs. WCPS shall not be liable for any damages which the Contractor could have avoided by any reasonable means including, but not limited to, the judicious handling of forces, equipment, or plant.

D. The granting of an extension of time because of unavoidable delays shall in no way operate as a waiver on the part of WCPS, the right to collect liquidated damages for other delays or the right to collect other damages or of any other rights to which WCPS is entitled.

22. LIQUIDATED DAMAGES:

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A. When applicable the Daily Rate will be stated in a future Task Order Request.

B. Should the Contractor fail to complete this Contract within the time fixed for completion, together with extensions granted by WCPS for unavoidable delays, they shall become liable to WCPS in the amount specified in the Contract per calendar day for each day said Contract remains uncompleted beyond the time for completion, as and for liquidated damages and not as a penalty. Contractor shall not be charged with liquidated damages when the delay in completion of the work beyond this time for completion is due to acts of WCPS. It is expressly stipulated and agreed by Contractor and WCPS that it would be impractical and extremely difficult to fix the actual amount of damages.

C. Any money due or to become due the Contractor may be retained to cover said liquidated damages. Should such money not be sufficient to cover said liquidated damages, WCPS shall have the right to recover the balance from the Contractor or their sureties, who will pay said balance forthwith.

D. Should WCPS authorize suspension of the work for any cause, the time work is suspended will be added to the time for completion. Suspension of the work by WCPS shall not be a waiver of the right to claim liquidated damages as set forth in this section.

23. COORDINATION WITH OTHER CONTRACTS:

A. WCPS reserves the right to do other work or award other contracts in connection with this Project. If this is the case, the Contractor shall schedule and coordinate their work in such a manner as not to interfere with the work of others. If conflict arises as a result of other work on this project, the Contractor shall promptly notify the Project Manager. WCPS will issue such instructions as are necessary to correct the matter. WCPS shall not be liable for the failure of another Contractor to comply with such instructions.

B. If any part of this Contractor's work depends upon the work of a separate

Contractor, this Contractor shall inspect such other work and promptly report in writing to the Project Manager any defects in such other work that render it unsuitable to receive the work of this Contractor.