6-01. Bid 042.26.B3 Elevator and Chair Lift Contractor Services.pdf

Procurement Office 10910 Clarksville Pike

Ellicott City, Maryland 21042 https://purchasing.hcpss.org

NOTICE TO BIDDERS - INVITATION TO BID #042.26.B3

ELEVATOR AND CHAIR LIFT CONTRACTOR SERVICES

ON-CALL BID SUMMARY

This bid is to select a pool of qualified contractor(s) to perform Elevator and Chair Lift Contractor Services for The Howard County Public School System in accordance with these bid documents.

A link and instructions for registering in the Bonfire portal can be located on the HCPSS Purchasing website at:

https://purchasing.hcpss.org/business-opportunities.

BONFIRE CONTACT

If you need support, please email support@gobonfire.com or call 844-226-3862.

BIDS POSTED

Tuesday, June 9, 2026

Bid documents may be obtained on Bonfire’s website, https://hcpss.bonfirehub.com/portal/?tab=openOpportunities.

QUESTIONS

Thursday, June 18, 2026 at 1:00 PM

All questions shall be directed, in writing, no later than the above date and time, via the Bonfire website, https://hcpss.bonfirehub.com/portal/?tab=openOpportunities. The Howard County Public School System is under no obligation to respond to any questions that are received after the cutoff date and time. Only answers provided via addenda issued by the HCPSS will be binding. Under no circumstances are bidders, including third party vendors or their staff, to contact any other HCPSS Staff, employees or any related constituency for purposes associated with this solicitation, including but not limited to, obtaining or providing information. Bidders failing to comply with this requirement may be disqualified.

BIDS DUE

Wednesday, July 8, 2026 at 1:00 PM

Bids shall be submitted electronically no later than. via the Bonfire website, https://hcpss.bonfirehub.com/portal/?tab=openOpportunities.

The bid opening will not be public. Sealed bids will be opened electronically by the Purchasing Officer after the due date and time. The Purchasing Officer shall provide the bid results via a bid tab to be posted on the Bonfire Portal within a reasonable time after the bid opening for all bidders to review.

The bid opening will not be public. Sealed bids will be opened electronically by the Purchasing Officer after the due date and time. The Purchasing Officer shall provide the bid results via a bid tab to be posted on the Bonfire Portal within a reasonable time after the bid opening for all bidders to review.

ADDENDA

It is the bidders sole responsibility to regularly visit the Bonfire Portal listed above to download and acknowledge receipt of all Addenda. It is highly recommended that bidders ascertain if they have received all the addenda issued prior to submitting their proposal. Failure of any bidder to receive any such Addenda or interpretation may not relieve such bidder from obligation under his/her proposal as submitted.

The Board reserves the right to waive any informalities in, or to reject any or all bids.

Howard County Public School System shall not be responsible for errors or omissions made by the printer or advertising houses which prepare bid documents, addenda, or advertising services.

https://purchasing.hcpss.org/business-opportunities mailto:support@gobonfire.com https://hcpss.bonfirehub.com/portal/?tab=openOpportunities https://hcpss.bonfirehub.com/portal/?tab=openOpportunities https://hcpss.bonfirehub.com/portal/?tab=openOpportunities

Instructions pertaining to the Bid Bond, Surety Checks, Performance and Materials Payment Bond requirements are contained in the bid documents.

Certified Minority Business Enterprises are encouraged to respond to this solicitation notice.

Contractors are required to register on eMaryland Marketplace Advantage at eMaryland Marketplace Advantage (eMMA) within five days following notice of award. Maryland law requires local and state agencies to post award notices on eMaryland Marketplace Advantage. This cannot be done without the contractor’s self-registration in the system. Registration is free. Failure to comply with this requirement may be considered grounds for default. It is recommended that any interested bidder register with eMaryland Marketplace Advantage regardless of the award outcome for this procurement as it is a valuable resource for bid notification for municipalities throughout Maryland.

Kristal Burgess Procurement Specialist https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage

THE HOWARD COUNTY PUBLIC SCHOOL SYSTEM

ELEVATOR AND CHAIR LIFT CONTRACTOR SERVICES

BID # 042.26.B3

Contents

I. INSTRUCTIONS TO BIDDERS

A. OBJECTIVES

B. CONTRACT DOCUMENTS

C. CONTRACT PERIOD

D. CONTRACT MANAGER

E. ISSUING OFFICE

F. QUESTIONS AND INQUIRIES

G. DUE DATE AND TIME

H. INSTRUCTIONS FOR SUBMITTAL OF MULTI STEP BIDS

I. BASIS FOR AWARDING BIDS

J. BID BOND

K. PERFORMANCE AND LABOR AND MATERIALS BONDS

L. ESTIMATED QUANTITIES

M. MULTIPLE PRICES

N. SPECIFICATIONS

O. SITE INVESTIGATION

P. BIDDER’S QUALIFICATIONS

Q. SIGNATURE TO BID

R. RIGHT TO REJECT BIDS AND WAIVE INFORMALITIES

S. BIDS FIRM FOR 120 DAYS

T. CLARIFICATIONS AND ADDENDA

U. CANCELLATION OF THE BID

V. BID ACCEPTANCE

W. MODIFICATIONS AND WITHDRAWAL OF BIDS

X. MULTIPLE/ALTERNATIVE BIDS

Y. CONFIDENTIALITY

Z. TERMS OF CONTRACT

AA. ETHICS REGULATIONS

BB. DEBARMENT STATUS

II. TECHNICAL EVALUATION AND FORMS

A. SIGNING OF FORMS

B. TECHNICAL OFFER CRITERIA

III. IMPLEMENTATION OF ON CALL CONTRACTING

IV. RATES AND MARK-UPS

A. UNIT COSTS

B. CONTRACTOR’S LABOR AND MATERIAL RATES

V. TERMS AND CONDITIONS

A. TERMINATION FOR DEFAULT

B. TERMINATION FOR CONVENIENCE

C. PRICE ADJUSTMENTS

D. LIQUIDATED DAMAGES

E. TAXES

F. BILLING AND PAYMENT

G. FUNDING

H. ORDERS

I. PROCUREMENT CARD

J. INSURANCE

K. ASSIGNMENTS

L. SUBCONTRACTORS

M. TOBACCO FREE AND ALCOHOL/DRUG FREE ENVIRONMENT

N. CRIMINAL HISTORY BACKGROUND CHECKS

O. CHILD SEX OFFENDER NOTIFICATION

P. MULTI-AGENCY PARTICIPATION

Q. RESPONSIBILITIES AND WARRANTIES

R. PROTESTS AND DISPUTES

S. GOVERNING LAW AND VENUE

T. WAIVER OF JURY TRIAL

U. EXAMINATION OF RECORDS

V. DISSEMINATION OF INFORMATION

W. ACCESS TO PUBLIC RECORDS ACT NOTICE

X. CONTINGENT FEE PROHIBITION

Y. OWNERSHIP AND USE

Z. ADHERENCE TO SCHOOL SYSTEM POLICIES AND STATE AND FEDERAL REGULATIONS

AA. NON-HIRING OF OFFICIALS AND EMPLOYEES

BB. eMARYLAND MARKETPLACE ADVANTAGE REGISTRATION

CC. RIGHT TO STOP WORK

DD. NON-DISCRIMINATION

EE. INDEPENDENT CONTRACTOR

FF. ANTI-BRIBERY

GG. FORCE MAJEURE

HH. MINORITY BUSINESS ENTERPRISE PARTICIPATION

II. BUILDING/SITE OCCUPANCY

JJ. OCCUPIED BUILDINGS – SIGN IN PROCEDURES

KK. IDENTIFICATION

LL. LOCAL OFFICE

MM. CONTRACTOR’S PROJECT MANAGER/COORDINATOR

NN. WORKING HOURS

OO. MAINTENANCE OF MANPOWER

PP. RIGHT TO ASSIGN WORK

QQ. RESPONSIBILITY OF BIDDERS

RR. PERMITS, CODES, AND LAWS

SS. ASBESTOS MATERIALS

TT. LEAD PAINT: 40 CFR PART 745 RENOVATION, REPAIR, AND PAINTING RULE

UU. PERFORMANCE REQUIRMENTS

VV. SITE WORK REQUIREMENTS

WW. PROTECTION OF ADJACENT FACILITIES AND PROPERTY

XX. FINAL CLEANING

YY. DEMONSTRATION

ZZ. ACCEPTANCE & INSPECTION

AAA. CONTRACTOR PERFORMANCE/EVALUATION SCORECARD

VI. SPECIFICATIONS

A. OBJECTIVE

B. EQUIPMENT TO BE SERVICED

C. ANNUAL PREVENTIVE MAINTENANCE REQUIREMENTS

- ATTACHMENT A - BID SIGNATURE SHEET - AFFIDAVIT

- ATTACHMENT B - HCPSS CONTRACT SAMPLE

- ATTACHMENT C - APPENDIX B INSURANCE REQUIREMENTS

- ATTACHMENT D - APPENDIX F - EDUCATION ARTICLE 6-113.2 AFFIDAVIT

- ATTACHMENT E - APPENDIX I - DEBARMENT CERTIFICATION

I. INSTRUCTIONS TO BIDDERS

A. OBJECTIVES

1. The objective of this request for Bid process is for The Board of Education of the Howard County

Public School System (herein referred to as “the Board”), administrated by the Howard County Public School System (herein referred to as “HCPSS” or “the School System”) to select a qualified elevator and chair lift contractor(s) to perform preventive maintenance, service, repairs and inspections as required for The Howard County Public School System in accordance with these bid documents.

Contractors selected under this contract may be qualified for elevator or lift services, not necessarily both. Work may involve the coordination of efforts with staff, engineering firms, commissioning agents and other groups in accordance with the instructions and subject to the requirements hereinafter set forth. It is the intent of the HCPSS to establish a contract(s) for services on an as needed basis. HCPSS will assign specific projects to what it considers to the most appropriate firm(s) giving consideration to the scope of the project, time to complete, and proposed cost. HCPSS reserves the right to decide when and if project assignments will be made and makes no commitment to a specific number of assignments or value of work.

2. All work performed under this contract shall be in accordance with the 100% bid documents, procurement specifications, any applicable drawings and addenda issued and shall minimally follow current OSHA regulations.

B. CONTRACT DOCUMENTS

1. Contract Documents consist of The General Provisions of Bid Proposal, the Procurement Specifications, the 100% bid documents and any applicable drawings and addenda issued.

2. All of these materials will be included in the contract which The Board of Education awards as a result of this solicitation and will be among the contract documents. The bidder, by submitting its bid, agrees that if awarded the contract will be bound to all the terms and conditions of the contract.

C. CONTRACT PERIOD

1. Any resulting contract(s) shall commence upon award. The Contract(s) is to be for three (3) years with the option to renew for two (2) additional one-year periods at the sole option of the school system pending successful performance and availability of funding.

D. CONTRACT MANAGER

1. The Howard County Public School System’s Contract Manager from the Office of Building Maintenance shall be responsible for the day-to-day administration of the contract upon award by the Howard County Public School System. The HCPSS Contract Manager’s contact information will be made available upon award. All communications on projects are to be directed to the Contract Manager only. No instructions, directions, and information are to be given to the contractor by any other HCPSS personnel. Any change order work shall not proceed until a change order to the purchase order has been issued by the purchasing office confirming this additional work and the applicable additional cost.

E. ISSUING OFFICE

1. The Issuing Office is:

The Howard County Public School System Purchasing Office 10910 Clarksville Pike Ellicott City, Maryland 21042

2. The Issuing Office shall be the sole point of contact with HCPSS for purposes of preparation and submittal of the Technical Offer and Bid Price.

F. QUESTIONS AND INQUIRIES

1. Questions and inquiries must be submitted via the Bonfire Portal.

2. Items affecting the scope of work or conditions of the contract shall be subject to the conditions of addenda.

G. DUE DATE AND TIME

1. Proposal shall be submitted electronically via the Bonfire portal in their entirety.

2. LATE BIDS CANNOT BE ACCEPTED.

H. INSTRUCTIONS FOR SUBMITTAL OF MULTI STEP BIDS

1. For detailed information on preparation and submittal of Multi Step Bid, see Section II. Multi Step

Bids, Forms and Evaluation.

I. BASIS FOR AWARDING BIDS

1. In accordance with the bid documents, the bid will be awarded to the lowest responsive and responsible bidder(s) meeting the technical requirements and experience required of the HCPSS.

The technical information provided by the bidder will be evaluated against the requirements selected by the school system along with their bid pricing. Bidder(s) not meeting the technical requirements and experience required of the HCPSS will not be considered for award.

2. It is the intent of the Howard County Public System to pre-qualify and approve a pool of contractors for service at facilities within the school system on an as needed basis.

3. The Howard County Public School System reserves the right to make an award of the bid for all items, or any parts, thereof, to one or more bidders, as set forth in detail under the information furnished in this document. The owner further reserves the right to consider information other than price when evaluating bids.

4. Bidders shall submit prices for all line items in the Bid Price Sheet in order to be considered responsive.

J. BID BOND

1. A Bid Bond is not required for this bid.

K. PERFORMANCE AND LABOR AND MATERIALS BONDS

1. This paragraph only applies to the contractor(s) selected as a result of this procurement.

Awarded contractor(s) shall furnish 100% Performance and Labor and Materials Bonds for any projects during the term of the contract that exceed $100,000 to cover the work performed.

2. Bonds shall be written by a bonding company, licensed to do business in the state of Maryland and otherwise acceptable to The Howard County Public School System. Bonds shall be executed on AIA Document A312, or a bonding form approved by the HCPSS.

3. Bidders shall enclose a letter from its bonding company stating its willingness to provide the bidder with Performance, and Labor and Materials bonds.

L. ESTIMATED QUANTITIES

1. Estimated dollar volume for project services is $500,000 annually. All bidders are advised that such dollar volumes are estimates only and further understand and agree that in providing such estimates, the school system makes no guarantee that any or all of the estimated work will be assigned to the selected contractor(s).

M. MULTIPLE PRICES

1. Regardless of the availability of several items that perform the same function as the item(s) described in the solicitation, the bidder must decide which item to offer and submit one price only.

N. SPECIFICATIONS

1. Bidders offering items other than those specified must state the product name and manufacturer and, as well, submit detailed technical specifications for each item. All data submitted must contain sufficient information to facilitate equating the offer.

2. Failure to submit the above required information prior to or with the bid may result in rejection of the item.

O. SITE INVESTIGATION

1. By submitting a bid the contractor acknowledges that they have investigated and satisfied themselves 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, and electric power. Any failure by the contractor to acquaint themselves with the available information will not relieve them from responsibility for estimating properly the cost of successfully performing the work. HCPSS shall not be responsible for any conclusions or interpretations made by the contractor of the information made available by HCPSS.

P. BIDDER’S QUALIFICATIONS

1. Bidders may be required to furnish satisfactory evidence that they are qualified dealers or manufacturers of the items listed, or regularly engaged in performing the services on which they are bidding, and in both cases maintain a regularly established place of business. An authorized representative of The Howard County Public School System may visit any prospective contractor’s place of business to determine his ability, capacity, reliability, financial stability, and other factors necessary to perform the contract.

2. Bidders must be authorized distributors for items listed in this bid. The Howard County Public School

System reserves the right, before awarding the contract, to require Bidders to submit evidence of qualification as it may deem necessary, in order to determine the Bidder’s qualifications and abilities.

Q. SIGNATURE TO BID

1. The section titled “BID SIGNATURE SHEET" shall be completed to provide all the information requested and signed by the person or persons legally authorized to sign contracts.

R. RIGHT TO REJECT BIDS AND WAIVE INFORMALITIES

1. The Howard County Public School System reserves the right to waive any technicality or minor irregularity in a Bid in the interest of the Board.

S. BIDS FIRM FOR 120 DAYS

1. Bid prices shall remain firm for one hundred twenty (120) calendar days from the date of opening.

T. CLARIFICATIONS AND ADDENDA

1. Should a Bidder find discrepancies in the bid documents, or should they be in doubt as to the meaning or intent of any part thereof, they must, not later than seven (7) days (Saturdays, Sundays and Holidays excluded) prior to the bid due date, request clarification in writing from the issuing office, who will issue a written Addendum to the contract. Failure to request such clarification is a waiver to any claim by the bidder for expense made necessary by reason of later interpretation of the bid documents by the HCPSS. Requests shall include the bid number and name.

2. Oral explanations or instructions will not be binding; only written addenda will be binding. Any addenda resulting from these requests will be posted on the school system website no later than two days prior to the bid due date. The bidder shall acknowledge the receipt of all addenda on the Bid Price Sheet.

U. CANCELLATION OF THE BID

1. HCPSS may cancel this Bid, in whole or in part, at any time before the opening of the Bids.

V. BID ACCEPTANCE

1. The Howard County Public School System reserves the right to accept or reject any and all bids, in whole or in part, received as a result of this bid or to waive minor irregularities, in any manner necessary, to serve the interest of The Board of Education. HCPSS further reserves the right to award in full, make multiple awards, partial awards, or to make no award at all.

W. MODIFICATIONS AND WITHDRAWAL OF BIDS

1. Withdrawal of, or modifications to bids are effective only if written notice thereof is filed to the purchasing office prior to the time bids are due. A notice of withdrawal or modification to a bid must be signed by an officer with the authority to commit the company.

2. No withdrawal or modifications will be accepted after the time bids are due.

X. MULTIPLE/ALTERNATIVE BIDS

1. Bidders may not submit more than one (1) bid nor may bidders submit an alternate to this bid.

Y. CONFIDENTIALITY

1. Bidders should give specific attention to the identification of those portions of their Technical Offers which they deem to be confidential, proprietary information or trade secrets, and provide any justification of why such materials, upon request, should not be disclosed by HCPSS under the Access to Public Records Act, State Government Article, Title 10, Subtitle 6 of the Annotated Code of Maryland. Contractors must clearly indicate each and every section that is deemed to be confidential, proprietary, or a trade secret. It is not sufficient to preface your technical offer with a proprietary statement. Bid prices will be opened publicly.

Z. TERMS OF CONTRACT

1. By submitting a response to this solicitation, a firm affirms acceptance of all terms and conditions contained in the conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications, and any addenda.

AA. ETHICS REGULATIONS

1. The Board of Education of Howard County has adopted an Ethics Regulation policy. Required by the

Annotated Code of Maryland, these Ethics Regulations cover members of the Board of Education, the Superintendent, and all employees; and it specifies limits of participation of these individuals with entities doing business with The Howard County Public School System. For a copy of the regulations, please contact the Purchasing Office, Howard County Department of Education (410) 313-6644.

BB. DEBARMENT STATUS

1. By submitting their bid, the offeror(s), certify that they are not currently debarred by the State of Maryland or another governmental entity from submitting bids or bids on contracts for the type of products or services covered by this solicitation, nor are they an agent of any person or entity that is currently so debarred. See attached Appendix I – Debarment Certification.

II. TECHNICAL EVALUATION AND FORMS

A. SIGNING OF FORMS

1. The Bid Affidavit & Bid Price Sheet, if submitted by an individual, shall be signed by the individual; if submitted by a partnership, they shall be signed by such member or members of the partnership as have authority to bind the partnership; if submitted by a corporation, they shall be signed by an officer, and attested by the corporate secretary or an assistant corporate secretary. If not signed by an officer there must be attached a copy of that portion of the by-laws or a copy of a board resolution, duly certified by the corporate secretary, showing the authority of the person so signing on behalf of the corporation. Signatures shall be under seal, i.e.: indicated by the word “(Seal)” following signature of individual and partner bidders, and indicated by affixing the Corporate Seal at corporate signatures.

B. TECHNICAL OFFER CRITERIA

1. The following information (items 2 through 10) must be furnished in the technical offer portion of the Multi Step Bid. Failure to include any of the items below in your response may result in the Bid being considered non-responsive.

2. BID PROPOSAL AFFIDAVIT: The Bid/Proposal Affidavit enclosed in this document must be executed by each responding bidder and submitted with their bid. This affidavit must be signed and notarized.

3. EXPERIENCE REFERENCE FORM: Complete the enclosed Experience Reference Form for three (3) recent projects, within the past three years, which demonstrate your firm’s experience with the services being offered. Higher consideration will be given to those jobs that were done on an On-Call or Time & Material basis and to those jobs that demonstrate your firm's experience at working on public school buildings under accelerated schedules.

a) NOTE: Experience noted must demonstrate the bidder’s knowledge and ability to perform similar work for a public school system. The bidder should place emphasis on the scope of work required, product manufacturer utilized, the time to complete, their ability to perform satisfactorily and their competency and responsibility to perform within limited time frames.

b) The references listed on the Contractor’s “Experience/Reference Form” may be checked by

HCPSS. All references must include a contact person, telephone number and email who can comment on the firm’s ability to do a project of this type. It is imperative that contact information for the projects listed be accurate.

c) The school system reserves the right to check other sources available. References will be held in the strictest of confidence by the school system.

4. KEY PERSONNEL FORMS: Complete the enclosed “Key Personnel Form”, for one (1) Service Supervisor and (3) Service Technician/Mechanic to be assigned to this contract if awarded. All Service Technicians assigned to this contract shall be full time employees of the contractor and have a minimum of 3 years’ experience after date of elevator certification. The Howard County Public School System will not permit subcontractors to service and maintain its equipment.

a) NOTE: Personnel Commitment: By submitting these names for consideration, the Bidder is committing these people to HCPSS for any resulting contract’s duration. Personnel changes will not be permitted without written authorization from HCPSS.

b) NOTE: Higher consideration will be given in the evaluation if the Supervisor and Technicians have worked together on previous successful projects and have demonstrated experience on projects similar in scope to the school system’s projects.

5. PROFILE OF COMPANY FORM: Complete the enclosed “Profile of Company Form” included with this bid package. It is required that your firm have a least five (5) years of the listed project’s contractor experience with three (3) years’ experience in a School System preferred. The Contractor must maintain an office within a 50 mile radius of the Howard County Public School System.

6. Copy of Contractor’s License

7. Copy of Elevator Technicians Certificate; for one (1) Maintenance Supervisor and (3) Elevator

Technician/Mechanics currently employed and whose names were submitted on Key Personnel Forms.

8. Copy of Certificate of Insurance (See Attachment, Insurance Requirements).

9. Number of incidents cited for non-compliance by MOSH/OSHA/ MDE/EPA or letter stating no incidents on company letterhead.

10. Enclose a letter from your bonding company stating its willingness to provide your firm with performance bonds for the projects over $50,000.

III. IMPLEMENTATION OF ON CALL CONTRACTING

A. It is the HCPSS intent to award to a minimum of one (1) or more contractor(s). The successful contractor(s) shall follow the procedure, as outlined below, when service work is required.

1. For each job the school system’s Contract Manager will contact the selected contractor(s) and initiate a site visit. A scope of work will be defined inclusive of project schedule.

a) For jobs estimated at under $50,000.00, the school system will alternate contractors.

Selection of the contractor to be utilized will be on a rotating basis; although schedule, availability and/or price may be considered.

b) For jobs estimated at over $50,000.00, the contractors will be asked to submit written not-to-exceed costs for the scope of work, based on rates offered in the bid price. HCPSS will select from among the contractors the contractor whose not-to-exceed price and/or time frame best serves the school system's interest.

2. The contractor, after initial contact, must be available within two (2) working days to measure the area and review the site conditions. For emergency projects, “same-day” commencement of work may be required. No additional costs, outside the terms of this contract, may be applied by the contractor for “same-day” work.

3. A written quotation showing itemized costs and a total not-to-exceed cost to include the cost of bonds for projects over $50,000. A brief descriptive plan of action and a schedule of work shall be submitted to the Contract Manager for approval within two (2) working days after site visit.

4. After approval of the submittal by the Contract Manager, a purchase order will be issued by the school system’s Purchasing Office to the selected contractor. This purchase order will confirm the scope of work, commencement date, time frame and price.

5. The contractor shall carefully field check all dimensions and other conditions affecting the work.

HCPSS assumes no responsibility of errors made by the contractor when measuring and reviewing site conditions.

IV. RATES AND MARK-UPS

A. UNIT COSTS

1. Unit Costs are to be all inclusive. The cost of all labor, material, equipment, supervision, travel time and mileage, waste disposal, overhead, and profit is to be included in the itemized bid prices stated in the response to this bid.

B. CONTRACTOR’S LABOR AND MATERIAL RATES

1. It is understood and agreed that the cost of all labor, material, equipment, supervision, mileage, waste disposal, overhead, and profit is included in the itemized bid prices stated in the response to this bid. Travel time shall be borne by the contractor.

2. The school system will not recognize any premium or incentive pay and no work shall be performed on an overtime basis or shift differential and no overtime pay or shift differential shall be included as a "job cost" unless the performance of such overtime or shift differential has been authorized by the issuance of an additional change order to the purchase order on a particular project or as agreed to in the submitted not-to-exceed price by the contractor or as required in the scope of work issued by the school system.

3. In the event an emergency exists which would require immediate overtime work, the school system’s

Contract Manger shall be verbally notified by the contractor immediately and if permission to perform this work is granted verbally, it shall be confirmed in writing by the school system within twenty-four

(24) hours of such work with a change order amendment to be issued within one (1) week of such work.

4. In the event that overtime work is required by the school system it will be recognized as a "job cost" only if a change order amendment has been issued to the contractor's not to exceed price. The overtime work shall be limited to the work and time approved in advance of its performance and paid at the recognized premium rate.

5. Incentive payments or premium payments made to any employees by the contractor either as permanent employee pay, subsistence or other pay in excess of the wage shall be at the expense of the contractor and must be included as part of the quoted rates shown on the bid price.

6. Invoices may be requested from the contractor to demonstrate the percentage cost over invoice submitted for time and material rates for materials, equipment rental and subcontractors.

V. TERMS AND CONDITIONS

A. TERMINATION FOR DEFAULT

1. When the contractor has not performed or has unsatisfactorily performed the contract, payment shall be withheld at the discretion of The Howard County Public School System. Failure on the part of the contractor to fulfill contractual obligations shall be considered just cause for termination of the contract and the contractor is not entitled to recover any costs incurred by the contractor up to the date of termination. Notification shall be in writing and shall be issued 30 days prior to termination date. In the event of default of contract The Howard County Public School System may procure services from other sources. The contractor found in default will be held responsible for all costs incurred.

B. TERMINATION FOR CONVENIENCE

1. The Howard County Public School System may terminate this contract, in whole or in part, without showing just cause upon giving written notice to the contractor. The Howard County Public School System shall pay all reasonable costs associated with termination of the contract. However, the contractor shall not be reimbursed for any anticipatory profits which have not been earned up to the date of termination.

C. PRICE ADJUSTMENTS

1. The Howard County Public School System will only consider adjustments on labor rates based only upon federal minimum wage increases and decreases in the Consumer Price Index (CPI-W), Baltimore Region, as published by the Bureau of Labor Standards. Requested increases above a 10% cap will not be considered. In order to receive consideration for a price increase, the contractor must submit to The Howard County Public School System, sixty (60) days prior to the contract expiration date, a statement of any change in the hourly rate wage actually to be paid to its employees during the renewal term. Adjustments will be calculated by comparing the current index with the previous year's index so as to determine the change in index points. The point change will then be divided by the price index to obtain the percentage of change. The percentage of change will then be multiplied by .75 to obtain the adjustment to be applied to the current prices.

2. The Howard County Public School System will also consider adjustments based on fees outside of the control of the contractor, such as manufacturer price increases. However, such increases will be a "pass through" to the Howard County Public School System with no mark-up allowed. For such changes to be considered by the Howard County Public School System, documentation from the manufacturer (or any other applicable party) assessing a cost increase must accompany a written request from the contractor.

3. The Howard County Public School System will then review the request and advise the contractor of approval or disapproval of the price change request.

4. Price increase requests will not be considered if not accompanied with the proper information.

D. LIQUIDATED DAMAGES

1. Liquidated damages shall be assessed at the rate of five hundred dollars ($500.00) per calendar day beyond the completion date indicated in the scope of work for each project and/or listed on the purchase order for work not 100% complete.

2. The contractor agrees that the sum specified for liquidated damages for delay by the contractor is not a penalty and is liquidated damages, that the damages resulting to the owner for delay in completion by the contractor are difficult of ascertainment and that the amount specified is not grossly excessive and it is not out of proportion to the damages that might readily be expected to result from delay caused by the contractor. Excluded from the liquidated damage provision, however, are any damages for loss of use of any facility of the owner that arises from a delay and the owner expressly reserves the right to claim damages for such loss of use. The contractor agrees that it has freely bid on this contract with the full and complete knowledge of the provisions for liquidated damages and waives all objections to such provisions as a penalty.

3. In addition, the owner shall assess and deduct from the contract sum any and all extra costs associated with maintaining the project (e.g. engineering fees, owner’s overtime, etc.) for each calendar day of delay that the contractor extends substantial completion of the entire work beyond the completion date or time stipulated in the contract documents.

4. Any delays to projects must be communicated to the Contract Manager immediately.

E. TAXES

1. The Howard County Public School System is tax exempt, and the price quoted shall not include federal excise taxes, state or local taxes, or use taxes.

2. The bidder is responsible for all taxes, including but not limited to sales and use taxes on the purchase of the bidder's equipment and materials, or any equipment and materials supplied to the Board of Education on the project.

F. BILLING AND PAYMENT

1. The contractor shall submit invoices to the Howard County Department of Education, (Name of Department), 10910 Clarksville Pike, Ellicott City, MD 21042, Attn: (Name of Contact), at the completion of each job. Invoices must contain the following information:

a) Purchase Order Number

b) Name of school

c) Description of work along with quantities

d) Start date and completion date

e) Itemized breakdown of project costs to include labor and materials.

f) Total due

G. FUNDING

1. The contractual obligation of the Board of Education under any resulting contract is contingent upon the availability of appropriated funds.

H. ORDERS

1. Orders shall be in the form of an official Howard County Public School System purchase order. No deliveries are to be made under any contract(s) resulting from this bid without a purchase order.

I. PROCUREMENT CARD

1. The Howard County Public School System utilizes a Purchasing Card Program. Purchases resulting from this solicitation may be made through a Visa/Mastercard credit card.

2. Bidders are prohibited from charging any additional costs/fees above and beyond the established contract prices to process such orders. Bidders lacking Visa/Mastercard capability should contact the Purchasing Office.

J. INSURANCE

1. See APPENDIX B, INSURANCE REQUIREMENTS.

K. ASSIGNMENTS

1. The contractor may not assign or transfer this contract, any interest herein or any claim hereunder, except as expressly authorized in writing by the Howard County Public School System. Unless the performance is expressly waived in writing by the Howard County Public School System, an assignment does not release the contractor from responsibility for performance of this contract.

Assignment or subcontracting without the written approval of the Howard County Public School System will be cause for termination.

L. SUBCONTRACTORS

1. Subcontractors may not be employed to perform any work under any resulting contract(s) unless specifically approved by the Contract Manager.

2. Nothing contained in these contract documents shall create any contractual relation between any subcontractor and the Howard County Public School System.

M. TOBACCO FREE AND ALCOHOL/DRUG FREE ENVIRONMENT

1. The Board of Education of Howard County maintains a tobacco, alcohol/drug free environment. The sale or use of tobacco, alcohol or drugs, in any form, or related product, is prohibited in school buildings and grounds at all times. Persons found violating this policy will be requested to remove the product and themselves from school premises.

N. CRIMINAL HISTORY BACKGROUND CHECKS

1. All employees, agents, or representatives of the awarded contractor who will be performing work on any phase of the contract arising out of this bid are subject to a criminal history background check by the school system. Such persons, if requested by the school system, must provide fingerprints and other required information to facilitate such a check, as well as the necessary fees to obtain such a check from the federal or state government. At the completion of a background check, the school system may, at its sole discretion, decide that a particular employee, agent, or representative of the contractor be barred from school system property.

O. CHILD SEX OFFENDER NOTIFICATION

1. Sex Offender Requirement: Maryland law requires certain sex offenders to register with the local law enforcement agency; See Maryland Annotated Code, Criminal Procedure Article, §11-704. One of the purposes of this law, is to inform school systems when a Registered Sex Offender is residing or working in the area. When the 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.

2. As a contractor working for Howard County Public School System (HCPSS), we require that you do not employ Registered 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 HCPSS property. Further, Maryland Law that became effective June 22, 2006, requires that any person who enters a contract with a county board of education or a non-public school "may not knowingly employ an individual to work at a school" if the individual is a registered sex offender; See §11-722 Criminal Procedure Article. An employer who violates this requirement is guilty of a misdemeanor and if convicted may be subject to up to five years imprisonment and/or a $5,000 fine.

3. Each contractor shall screen their work-forces to ensure that a Registered Sex Offender does not perform work at a county public school and also ensure that a subcontractor and independent contractor conducts screening of its personnel who may work at a school. The term "work force" is intended to refer to all of the contractor's direct employees and subcontractors and/or independent contractors it uses to perform the work. Violations of this provision may cause HCPSS to take action against the contractor up to and including termination of the contract.

4. 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 property 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 a sexual offense, child sexual abuse and crimes of violence.

5. The Contractor shall submit to HCPSS a listing of any employees assigned to perform under this agreement and certify that the necessary criminal history records checks have been conducted and that each employee complies with the requirements. See attached Appendix F – EDUCATION

ARTICLE 6-113.2 AFFIDAVIT.

P. MULTI-AGENCY PARTICIPATION

1. Under §5-112, Paragraph (3) of the Education Article of the Annotated Code of Maryland HCPSS may with Board of Education approval participate in contracts for goods or commodities that are awarded by other public agencies or by intergovernmental purchasing organizations if the lead agency for the contract follows the public bidding procedures. HCPSS therefore reserves the right to extend the terms and conditions of this solicitation to any and all other agencies within the state of Maryland as well as any other federal, state, municipal, county, or local governmental agency under the jurisdiction of the United States and its territories. This shall include but not limited to private schools, parochial schools, non-public schools such as charter schools, special districts, intermediate units, non-profit agencies providing services on behalf of government, and/or state, community and/or private colleges/universities that require these goods, commodities and/or services. A copy of the contract pricing and the bid requirements incorporated in this contract will be supplied to requesting agencies.

2. Each participating jurisdiction or agency shall enter into its own contract with the Award Bidder(s) and this contract shall be binding only upon the principals signing such an agreement. Invoices shall be submitted in duplicate "directly" to the ordering jurisdiction for each unit purchased. Disputes over the execution of any contract shall be the responsibility of the participating jurisdiction or agency that entered into that contract. Disputes must be resolved solely between the participating agency and the award.

Q. RESPONSIBILITIES AND WARRANTIES

1. The Awarded Bidder(s) (also referred to herein as “Contractor”) shall perform the services and/or provide the goods with that standard of care, skill, and diligence normally provided by a Contractor, or professional in the performance of services and/or goods similar to the services and/or goods hereunder.

2. Notwithstanding any review, approval, acceptance, or payment for the services by HCPSS, the Contractor shall be responsible for professional and technical accuracy of its work furnished by the Contractor under this agreement.

3. HCPSS's review, approval, or acceptance of, nor payment for, any of the services required under this contract shall NOT be construed to operate as a waiver of any rights under this contract or of any 14 cause of action arising out of the performance of this contract, and the Contractor shall be and remain liable to HCPSS in accordance with applicable law for all damages to HCPSS caused by the Contractor's negligent performance of any or the services furnished under this contract.

4. Contractor warrants that it is qualified to do business in the State of Maryland and that it will take such action as, from time-to-time hereafter, may be necessary to remain so qualified.

5. Contractor warrants that it is not in arrears with respect to the payment of any monies due and owing the county or state, of any department or agency thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this agreement.

6. Contractor warrants that it shall comply with all federal, state, and local law, ordinances and legally enforceable rules and regulations applicable to its activities and obligations under this agreement.

7. Contractor warrants that it shall procure, at its expense, all licenses, permits, insurance, and governmental approval, if any, necessary to the performance of its obligations under this agreement.

8. Contractor agrees that the equipment or supplies furnished under this award and or contract shall be covered by the most favorable commercial warranties the Contractor gives to any customer for such equipment or supplies and that the right and remedies provided herein are in addition to and do not limit any rights afforded to the HCPSS by any other clauses of the contract. All equipment shall in the very least carry a standard factory warranty against defects in parts and workmanship for the time period stated in the product warranty specifications and/or for one (1) year from date of acceptance. If the manufacturer warrants equipment for a period longer than one (1) year, the Contractor shall pass through this time to HCPSS.

9. Contractor warrants that the facts and matters set forth hereafter in the "Contract Affidavit" which is attached to this agreement and made a part hereof are true and correct.

R. PROTESTS AND DISPUTES

1. Except as otherwise provided in these contractual documents, any claim, dispute, or other matter in question concerning a question of fact shall initially be referred to the Procurement Specialist in writing, no later than seven (7) calendar days after the basis for the claim or dispute is known or should have been known. A formal written response to the claim or dispute shall be issued by the Procurement Specialist in a timely manner. If the Award Bidder is unsatisfied with this response, the Award Bidder may appeal the Procurement Specialist’s decision to the Director of Procurement and Materials Management, who shall reduce his decision in writing and mail or otherwise furnish a copy to the Award Bidder. This decision of the Director of Procurement and Materials Management shall be the final and conclusive action.

2. HCPSS reserves the right to proceed with the work under the Contract Documents during the dispute process if it is in the best interest of HCPSS, at HCPSS’ sole discretion. There shall be no appeal or dispute of termination for non-appropriation of funds or for loss of appropriated funds. Any costs incurred in the dispute process will be borne by the bidder(s) in all instances.

S. GOVERNING LAW AND VENUE

1. The Contract Documents shall be governed by the laws of the State of Maryland and nothing in these Contract Documents shall be interpreted to preclude HCPSS from seeking, after completion or termination of the agreement, any and all remedies provided by law. Any lawsuit arising out of the Contract Documents shall be filed in the appropriate state court of competent jurisdiction located in Howard County, Maryland.

T. WAIVER OF JURY TRIAL

1. The Awarded Bidder(s) and the Board hereby waive trial by jury in any action or proceeding to which the Board and/or Awarded Bidder(s) are parties arising out of or in any way pertaining to the Contract Documents. It is agreed and understood that this waiver constitutes a waiver of trial by jury of all claims against all parties to such actions or proceedings, including claims against parties who are not parties to the Contract Documents. This waiver is knowingly, willingly and voluntarily made by the Board and the Awarded Bidder(s) and the Awarded Bidder(s) hereby represent and warrant that no representations of fact or opinion have been made by and individual to induce this waiver of trial by jury or to in any way modify or nullify its effect. The parties further represent and warrant that they have been represented or have had the opportunity to be represented, in the signing of the Contract Documents and in the making of this waiver by legal counsel, selected of their own free will, and that they have had the opportunity to discuss this waiver with legal counsel.

U. EXAMINATION OF RECORDS

1. The Contractor agrees that the auditor of HCPSS or any of their duly authorized representatives shall, have five (5) years after the final renewal expiration date under this contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the Contractor involving transactions related to this contract.

V. DISSEMINATION OF INFORMATION

1. During the term of this agreement, the Contractor shall not release any information related to the services or performance of the services under this agreement nor publish any final reports or documents without the prior written approval of the HCPSS contract manager.

W. ACCESS TO PUBLIC RECORDS ACT NOTICE

1. The Board of Education of Howard County is subject to the Maryland Public Information Act, State

Government Article § 10-611, et. seq. As a result, the Board may be required to disclose, upon request, certain public records.

2. All information submitted as part of this bid is subject to release under the Maryland Public Information Act (MPIA). If you would like the Howard County Public School System to consider redactions in the event that your bid is subject to a MPIA request, submit a proposed MPIA copy including justifications for each redaction and under what specific exemption that justification is qualified for redaction.

3. Transparency in the use of public funding is fundamental to HCPSS operations. Prior to the award of bids and contracts, the Board of Education of Howard County reviews and approves cost to be incurred by the school system – therefore, offerors should be aware that submission to this RFP may subject your pricing offer to release in a public forum. Additionally, pricing and payments made by HCPSS under the resulting Contract may also become subject to release as public information.

HCPSS may consider both the ability to obtain necessary pricing from future offerors as well as the potential to cause harm to the competitive position of offerors in determining release of pricing detail.

4. Copyrighted submittals are unacceptable and will be disqualified as non-responsive. All submittals become the property of HCPSS.

X. CONTINGENT FEE PROHIBITION

1. The Contractor warrants that they have not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the Contractor, to solicit or secure this agreement, and that they have not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee or agent, any fee or any other consideration contingent on the making of this agreement. For breach or violation of this warranty, HCPSS shall have the right to terminate this agreement without liability, or, at its discretion, to deduct from the contract price or consideration, or percentage, brokerage fee, gift or contingent fee.

Y. OWNERSHIP AND USE

1. All materials, including but not limited to training documents, program and software, diagnostic equipment and energy information systems furnished by Offeror to HCPSS in connection to this Program shall remain the property of the School System. No materials will be returned to the Contractor at the end of the contract period including any that are copyrighted.