9318.11_On_Call_Public_Address_System_Replacement.pdf

Office of Finance

Division of Procurement

MONTGOMERY COUNTY PUBLIC SCHOOLS

45 West Gude Drive, Suite 3100 Rockville, Maryland

INVITATION FOR BID # 9318.11

PUBLIC ADDRESS SYSTEM REPLACEMENT, SERVICES,

REPAIRS AND NEW INSTALLATIONS

GENERAL CONDITIONS AND SPECIFICATIONS

I. GENERAL CONDITIONS

A. SCOPE

The work includes the removal, furnishing, delivery, repairs, servicing, and installation of new and replacement of Public Address (PA) Systems as required for various facilities throughout Montgomery County Public Schools (MCPS). Bidder(s) shall make projects complete in all detail and in compliance with the manufacturer and MCPS specifications herein. The scope of work includes general construction-type work that, when finished, shall be complete and coordinated whole, and ready for satisfactory service.

B. INTENT

1. It is the intention of these specifications to secure an all-inclusive proposal cost to service, repair, replace, and install new PA systems. The unit prices will be utilized for award, service, repairs, and for change orders during projects to fully cover the scope of work as requested by the MCPS project coordinator. The prices offered shall include, but are not limited to, such items as required labor, disposal, materials, equipment, overhead, supervision, overhead, bonds, fringe benefits, union fees, small equipment, tools, and profit, etc. A high percentage of the contract work will be performed during the months of June, July, and August. The successful contractor will be required to submit the Asbestos Free Material Verification Form as applicable and required herein. (See General Conditions Section M and APPENDIX F)

2. Bid prices offered shall be all inclusive, including but not limited to labor and miscellaneous materials to satisfy all specification requirements. All costs shall be included in the bid prices submitted. All work shall be performed in accordance with the latest applicable laws, codes and regulations of the various regulatory bodies of the State of Maryland, Federal/Local Governments, and all other boards or departments having jurisdiction. These regulations and standards will further be considered a part of these specifications and conditions. The bidder shall furnish and install any additional items required by the same, whether or not particularly shown or specified. Any items or requirements noted herein in excess of code requirements and permitted under the code will take precedence.

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C. AWARD

1. This solicitation does not commit MCPS to award any contract or to pay any costs incurred in the preparation of a response. It is the intention to award this contract to the bidder(s) submitting the most favorable unit prices with consideration being given to any previous performance for the MCPS Board of Education as to quality of service, acceptable merchandise, and with regard to the bidder’s ability to perform should it be awarded the contract. Awards may be made to one successful vendor submitting the lowest aggregate quotation on items of a similar nature or on an individual item basis. However, the MCPS Board of Education reserves the right to make awards according to the best interest of the MCPS. Awards are contingent upon availability of funds.

In addition, the Board reserves the right to remove or add additional items to the specifications as our requirements change, as well as, add contractors throughout the contract term should a need arise that cannot be provided by any of the award contractor(s).

2. Wherever the term “provide” is used, it shall mean, “furnish and install in place, complete in all details”.

D. SITE INSPECTION

The successful contractor shall inspect the work sites, take measurements and develop proposals for replacement or new installation projects. The contractor shall provide a drawing of the project showing location of components with the proposal identifying where the work will be performed. The contractor must report to the main office to contact the Building Service Manager prior to inspection. When the proposal has been submitted and received, it shall be understood that the work site has been inspected and that the contractor is aware of the needs and conditions under which the work is to be accomplished. The contractor shall report to the MCPS Project Coordinator any conditions that might prevent them from performing their work. Failure to do so will not relieve the successful contractor of the obligation to furnish all material and labor necessary to fully carry out the provisions of the contract document.

E. SCHEDULE

1. Completion dates shall be identified on each contractor’s proposal. A purchase order issued and signed by the Director of the Division of Procurement will be the contractor’s authorization to proceed with an approved proposal. All work is to be totally completed on or before the stated completion date identified and accepted on each proposal. This includes, but is not limited to, final inspections by MCPS staff, all cleaning task, punch-out work, etc. Project proposals shall be submitted within five workdays after site inspection to the MCPS Project Coordinator. Late charges will be deducted for failure to meet any target dates without an MCPS approved extension. (See “Late Charges for Failure to Complete on Time” under Contract Administration.)

2. Regular Rate Working Hours

Regular rate working hours are for work performed, Monday through Friday, 6:00 A.M.

Through 6:00 P.M. (MCPS building service personnel are normally on site during these hours).

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3. Overtime Rate Working Hours

Overtime rates are for work performed on evenings (6:01 PM to 5:59 A.M.), weekends or holidays with MCPS approval; however, the contractor shall reimburse MCPS for the overtime cost of having MCPS building services personnel on site. These overtime costs will be tracked and deducted from the contractor’s final invoice. (See “Overtime Reimbursement Agreement, APPENDIX G)

4. The contractor shall maintain an adequate labor force on the work site from the start of the project until the completion in order to satisfy the schedule. MCPS expects the work to proceed uninterrupted with regard to labor and material availability. The contractor shall inventory materials as they are received from the manufacturer and not wait until work is under way to determine if inventory is sufficient.

5. MCPS doesn’t pay for travel time; however, MCPS will pay a two hour minimum for a technician for each service/repair call. Travel time and truck charges are to be included in rate offered herein; MCPS will not pay separate travel time or truck charges.

F. CONTRACT TERM

The term of contract shall be for one year as stipulated on the Invitation to Bid. However, the contract may not begin until one day after approval by the MCPS Board of Education and shall conclude as stated under the contract term. MCPS reserves the right to extend this contract at existing prices, terms and conditions for up to four (4) one-year additional terms. Written notice indicating MCPS’ intention to pursue the extension of the contract will be issued to the successful bidder ninety days prior to the expiration of the original contract. The bidder will have ten days from date of notification to return the notice acknowledging its intent to accept or reject the extension. Once all responses are evaluated, MCPS staff may make a recommendation to the MCPS Board of Education to extend the contract or decide to rebid. If the contract is extended by the MCPS Board of Education, a contract amendment will be issued; No purchase order will be issued until performance/payment and material bonds have been received by

MCPS.

G. QUANTITIES

MCPS shall not be obligated to purchase any specific quantity. Annual estimated quantities identified on the Quotation Form are subject to change up or down and purchases are dependent upon the requirements of MCPS and on budgetary limitations. Orders will be placed from time to time throughout the contract term.

H. PROVISION FOR PRICE ADJUSTMENT

1. Price increases will not be considered for the first year of the contract. Thereafter the successful bidder must submit a written request for price relief. Adjustments will be based upon the consumer Price Index (CPI), specifically, the All Consumers Index, published by the U.S. Department of Labor, Bureau of Labor Statistics, for the Washington, D.C., Metropolitan Area and shall not exceed 75% of the percentage change of January 1 CPI’s rounded to the nearest tenth of a percentage. MCPS reserves the right to accept or reject the request as may be determined to be in the best interest of

I. GENERAL CONDITIONS 4 BID #9318.11

MCPS. If a price increase is accepted a Contract Amendment will be issued. Any orders received prior to a request for a price increase shall be honored at the original contract price.

2. Subject to award, the unit price on equipment quoted herein is subject to the price adjustment upward or downward in accordance with increases or decreases announced by the manufacturer. The successful bidder must notify the Director of the Division of Procurement of any announced manufacturer’s price reduction and give immediate benefit to MCPS in a proportionate amount.

I. MCPS EMERGENCY/CRISIS PROCEDURES, SHELTER/LOCKDOWN

Emergency/ Crisis Procedure Information

1. In the event of an emergency/crisis incident while working in an MCPS facility, the contractor and/or their representative(s) shall be required to adhere to the established MCPS procedures and school administrative guidelines during such an occurrence.

2. Supplied herein under APPENDIX D, for the contractor’s information, are the MCPS

Emergency/Crisis Procedures, Shelter/Lockdown. It is the contractor’s responsibility to familiarize themselves and their representative(s) with the Shelter/Lockdown Procedures.

These procedures are subject to change to meet MCPS requirements.

3. The contractor shall have at the work site, a reasonable amount of materials that will allow them to quickly secure the work area and/or secure building openings as required for the type of work being performed.

J. WARRANTY/SERVICES/REPAIRS

1. The specifications require that all workmanship and materials shall be guaranteed for two years. Final payment will be made once the installation is complete and accepted by MCPS for each proposal. The warranty shall begin once the MCPS Project Coordinator has approved the Contractor’s final invoice for payment.

2. Warranty shall provide for the replacement of defective materials plus installation and labor. Any warranty claim made by MCPS prior to the expiration of said warranty shall be satisfied although the warranty has subsequently expired. Failure of a bidder/contractor to provide satisfactory warranty service to MCPS will be grounds for exclusion from future bidding.

3. Any manufacturer of material(s) used on the project offering as standard a longer warranty/guarantee than as specified herein, shall take precedence.

4. The contractor shall respond to all warranty calls within 24 hours or the next MCPS business day. Repair of warranty work and part replacement shall be completed within 5 business days.

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5. The contractor shall install permanent labels inside unit, listing date installed and end of warranty date.

K. BRAND NAMES

1. Commodity descriptions that state “Only a specified brand will be considered” are brands that have been evaluated and tested for inclusion on this bid and are the only brands acceptable at this time. No substitutions will be accepted. Other brands will be evaluated by MCPS if materials are submitted at no cost to MCPS. Forward samples/information to Montgomery County Public Schools, Division of Planning, Design and Construction, 45 West Gude Drive, Suite 4300, Rockville, Maryland 20850. Testing normally requires a minimum of 60 workdays to complete; therefore, your samples/materials for testing may be approved for future bids if the evaluation is satisfactory. This process of evaluation is intended for larger types of equipment and/or components i.e. bleachers, elevators, lockers, flooring, roofing systems, and PA Systems.

2. The brand name, code or model number on each item being offered, even if bidding the specified brand shall be provided. If a brand and code or model number is not shown your bid may not be considered.

3. If an item specified herein shows code or model numbers that have been discontinued, the bidder shall so state and indicate the current code or model number.

L. MATERIALS

Materials to be used in the performance of this contract shall be new and be the manufacturer’s latest design improvements and materials current at the time of shipment. The MCPS Project Coordinator shall be notified of any design changes prior to delivery and the contractor shall supply sufficient information to allow evaluation.

M. ASBESTOS INFORMATION

1. Asbestos Free Materials

NO MATERIALS PROVIDED SHALL CONTAIN ASBESTOS!!!! All contractors providing and/or installing any of the building materials listed below shall secure laboratory analysis confirming that materials contain NO ASBESTOS. The cost for testing shall be included in the bid prices offered. After the initial testing has been performed additional annual testing will be required thereafter or immediately upon any change in materials or manufacturers.

I. GENERAL CONDITIONS 8 BID #9318.11

• Acoustical ceiling tile,

• Adhesives

• Caulking

• Fire Rated Doors

• Fire Board

• Floor tile and sheet flooring,

• Folding Doors

• Gypsum Panels (Drywall)

• Insulation (All types; roof, HVAC, piping, wall, etc.)

• Mastics

• Plaster

• Roofing System Components e.g. BUR Asphalt, Felts, Cap Sheets, Shingles, etc.

• Spackle

• Toilet Partitions

• Window Glazing

The laboratory performing the analysis must have received U.S. Environmental Protections Agency (EPA) accreditation and be a member of the National Voluntary Laboratory Accreditation Program (NVLAP). The contractor or the manufacturer can have the laboratory testing performed. No other form of confirmation such as Material Safety Data Sheets, manufacturer documentation, historical testing, etc. will be accepted. A list of EPA accredited laboratories can be found at http://ts.nist.gov/standards/scopes/programs.htm

The contractor shall provide required laboratory analysis report(s) and a completed “Asbestos Free Material Verification Form” herein (see APPENDIX F) within 15 working days after receipt of the “Pre-Award Notification” letter for each listed product required in the execution of the scope of work.

2. Existing Asbestos Materials

MCPS shall be responsible for all asbestos abatement tasks as may be required regarding existing materials on site. Any questions concerning asbestos materials shall be directed to Derek Kwon the Environmental Health Specialist at 240 740-2331.

N. DESCRIPTIVE LITERATURE

The apparent successful bidder may be required to furnish, within two working days after Pre- Award Notice, sufficient detailed information regarding makes, models, design, etc. of the item(s) offered. The apparent successful bidder is required to furnish all literature properly bound and labeled, showing full instructions and detailed specifications. The literature and specifications are to be arranged and labeled in numerical sequence according to item and attached on separate pages of a brochure. Failure to submit sequentially marked descriptive literature may result in disqualification. Bidder shall show the manufacturer’s code and catalog numbers of the item(s) offered. The cover of the brochure shall contain:

http://ts.nist.gov/standards/scopes/programs.htm

I. GENERAL CONDITIONS 9 BID #9318.11

1. Bidder’s name, address and telephone number.

2. Bid number.

O. DEVIATIONS

All bids meeting the intent of the invitation will be considered for award. Bidders who are deviating from the terms, conditions, and/or specifications shall list such and explain fully on a separate sheet to be submitted with their bid. If these deviations are of a technical nature, the bidder shall supply manufacturer’s description of the deviation. The absence of such a sheet shall indicate that the bidder has taken no exception and shall be held responsible for performing in accordance with the terms, conditions, and specifications as stated herein.

P. SUBMISSION OF BIDS (Sealed Bids Only) Required Submissions

1. Bid Documents

One original and one copy of the bid are requested. The cover page of each copy must be clearly marked original or copy. Bidder(s) may wish to reproduce and retain an additional copy for your files.

2. Quotation Form (Pages 1-18)

a) Quotations are to be entered on the Quotation Form supplied under APPENDIX H.

Faxed quotations are not acceptable. SEALED BIDS ONLY

b) Bidder must submit a separate price for each item listed on the Quotation Form.

If Submission of one price for all the items without indicating a price per item shall be considered non-responsive and will invalidate the bid.

3. Bid Security

See General Conditions, Section R. BID SURETY LETTER on page 13 for requirements.

4. Addenda/Errata

Changes and addenda to a solicitation may occur prior to the bid opening date and time.

It is the bidder’s responsibility to check the MCPS website under event calendar (http://www.montgomeryschoolsmd.org/departments/procurement) or contact the Division of Procurement by email to NanaAma_A_Asare@mcpsmd.org and Procurement@mcpsmd.org to confirm that they have all addenda/errata. Failure to acknowledge addenda/errata on the form may result in a bid being deemed non-responsive and consequently rejected.

5. Minority Business Enterprise in Public Schools

The goal has been set at 0% MBE participation Pages D1 through D10 of Attachment D of the MBE procedure (APPENDIX A), reflecting minimum 0% MBE participation shall mailto:NanaAma_A_Asare@mcpsmd.org mailto:Procurement@mcpsmd.org

I. GENERAL CONDITIONS 10 BID #9318.11

be submitted with your bid. (See Section II “Contract Administration” for additional MBE information). Failure to supply as specified will disqualify your bid response.

6. License/Certifications (Required with Bid Submission)

a. The contractor shall possess a current “State of Maryland” Construction Business

License. All Contractors’ business licenses are issued through the County of Baltimore City, Clerks of the Circuit Court in which the business is located without the State of Maryland. Note: all out of state bidders must submit an out of state Maryland Construction Business License. Contact the State License Bureau http://www.marylandtaxes.com or at 410-260-6240 for additional information as required.

b. Montgomery County Limited Electrical License and Electrical Business License shall be submitted with bid submission. Failure to provide required documentations may disqualify bid proposal.

7. Certification from Manufacturer

The contractor shall provide a letter from the manufacturer stating that the firm is a manufacturer’s authorized installer/representative for the brand equipment offered.

Manufacturer shall submit a letter stating manufacturer shall supply specified equipment in order for contractor to complete project by specified date.

8. Statement of Experience

The contractor shall provide statement of experience with bid proposal. See “CONTRACT ADMINISTRATION SECTION L, QUALITY ASSURANCE” for more information. Failure to provide required documentation may disqualify bid proposal.

References

See “GENERAL CONDITIONS SECTION; T. REFERENCES” on page 14 for more information.

9. List of Personnel

Contractor shall include a complete list of full-time personnel employed by the firm who would be assigned to the contract. For individuals listed, provide resume to include their title qualifications and all applicable training licenses, etc.

10. Contractor’s Obligation Regarding Criminal Records of Individuals Assigned to Work in MCPS Facilities

a. Prohibition against assigning registered sex offenders and individuals convicted of sexual offenses, child sexual abuse, and other crimes of violence to MCPS contracts:

http://www.marylandtaxes.com/

I. GENERAL CONDITIONS 11 BID #9318.11

Maryland Law requires that any person who enters into a contract with a county board of education “may not knowingly employ an individual to work at a school” if the individual is a registered sex offender. Under §11-722 of Criminal Procedure Article of the Maryland Code, 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 $5,000.00 fine. 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 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;

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 in 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.

Each contractor is required to submit, following award of a contract, documentation confirming that its direct employees and those of any sub-contractors and/or independent contractors assigned to perform work in a MCPS school facility under the contract meet this obligation.

Additionally, the contractor must confirm that it continues to meet this obligation on an annual basis and/or when there are changes in the work-force that the contractor and/or its subcontractors use to perform the work required by the contract.

Violation of this provision is a material breach of contract for which MCPS may take appropriate action up to and including termination of the contract.

I. GENERAL CONDITIONS 12 BID #9318.11

b. Required criminal background check process for certain individuals in the contractor’s workforce:

Under recent amendments to § 5-551 of the Family Law Article of the Maryland Code, each contractor and subcontractor shall require that any individuals in its work-force must undergo a criminal background check, including fingerprinting, if the individuals will work in a MCPS school facility in circumstances where they have direct, unsupervised, and uncontrolled access to children. The term “work-force” in this and the preceding section refers to all of the contractor’s direct employees, subcontractors and their employees, and/or independent contractors and their employees that the contractor uses to perform the work required by the contract.

Fingerprinting for the criminal background check may be performed by the MCPS Carver Educational Services Center CESC), North Entrance, 850 Hungerford Drive, Suite 137, Rockville, MD 20850, or through another service approved by MCPS. Individuals fingerprinted by MCPS will be required to provide written consent, and MCPS will maintain copies of all records for criminal background checks performed by MCPS. If the contractor uses another service approved by MCPS, the results of the criminal background check must be provided to MCPS for record keeping. A list of MCPS approved fingerprinting agencies can be found on the Procurement Unit website at http://www.montgomeryschoolsmd.org/departments/procurement.

The contractor must take appropriate steps to promptly follow up on information identified in the criminal background check related to the sexual offenses, child sexual abuse offenses, and crimes of violence enumerated above, as well as any information regarding offenses involving distribution of drugs or other controlled substances, or any other criminal information identified by MCPS as warranting further explanation insofar as it may significantly affect the safety and security of MCPS students. If, after following up, the contractor believes that the individual is qualified and should be assigned to work (or continue to work) in a MCPS school facility, then the contractor will provide a written summary to MCPS justifying its recommendation. MCPS will rely on the contractor’s summary to determine whether to accept the contractor’s recommendation, and the contractor will be responsible for any consequences of a material misrepresentation in its written summary.

Once the contract is awarded, the contractor is responsible for implementing the background check process. An individual in the contractor’s work-force may not begin work in a MCPS school facility on an assignment where the individual will have direct, unsupervised, and uncontrolled access to children, until: (a) the background check results for that individual have been received by MCPS; (b) the contractor certifies to MCPS that the individual has received training and/or reviewed informational materials, as appropriate, regarding recognizing, reporting, and preventing child abuse and neglect, consistent with the content provided in training for MCPS employees; and (c) the individual obtains a MCPS identification badge. The badge will be issued by the MCPS Department of http://www.montgomeryschoolsmd.org/departments/procurement

I. GENERAL CONDITIONS 13 BID #9318.11

Safety and Security, 45 W. Gude Drive, Room 1150, Rockville, MD 20850.

Appointments are made by calling 240-740-7600. The contractor will be required to return all badges at the conclusion of the contract.

The criminal background check and badging process will be at the contractor’s expense.

Violation of this provision is a material breach of contract for which MCPS may take appropriate action up to and including termination of the contract.

Q. EMARYLAND MARKETPLACE ADVANTAGE

Maryland law requires local and state agencies to post solicitations on eMaryland Marketplace

Advantage. Registration is free. It is recommended that any interested supplier register at http://emma.maryland.gov, regardless of the award outcome for this project as it is a valuable resource of upcoming bid notifications for municipalities throughout Maryland.

R. BID SURETY LETTER

The Surety Agent for the bidder shall provide on his letterhead a letter addressed to Montgomery County Public Schools signed by an authorized representative of the bonding company, stating:

(Name of Applicant) has been a client of (name of surety company) for over ____ years. During that time, we have supported this firm in their pursuit of projects in the $________ range and total programs in excess of $____________.

We are prepared to provide, Performance, and Payment Bonds for future MCPS projects provided (name of applicant) makes an application to us at the time of the Bid, and we are satisfied with the prevailing underwriting conditions, including but not limited to, acceptable contract terms, job specifications and acceptable bond forms.

S. INQUIRIES

Inquiries regarding this solicitation must be submitted in writing, to Nana Ama Asare, Buyer II, Montgomery County Public Schools, 45 West Gude Drive, Suite 3100, Rockville, Maryland 20850, or email to NanaAma_A_Asare@mcpsmd.org and Procurement@mcpsmd.org.

Questions must be received no later than four business days prior to bid opening in order for the bidder to receive a reply prior to submitting its bid. The Board of Education will not be responsible for any oral or telephone explanations or interpretations. Bidder contact with any other MCPS employee regarding this solicitation until the contract is awarded by the MCPS Board of Education will be considered by MCPS as an attempt to obtain an unfair advantage and result in non-consideration of its bid. The MCPS Division of Procurement web site address is http://www.montgomeryschoolsmd.org/departments/procurement/vendors.aspx for the MCPS Division of Procurement.

Subsequent to the award if the contractor finds any discrepancy or omission and has questions of MCPS’s intent, prior to performing work, they shall notify the MCPS Project Coordinator in writing by email to resolve and receive clarification, with copies to Nana Ama Asare, Buyer II, NanaAma_A_Asare@mcpsmd.org, and the MCPS Capital Improvements Program Contracting Supervisor.

http://emma.maryland.gov/ mailto:NanaAma_A_Asare@mcpsmd.org mailto:Procurement@mcpsmd.org http://www.montgomeryschoolsmd.org/departments/procurement/vendors.aspx mailto:NanaAma_A_Asare@mcpsmd.org

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T. REFERENCES

Bidders shall provide three references with their bid submission. The references shall have company name, contact person, address and phone number of three current customers for which a contract for similar size and type of project has been provided. If the reference information is not accurate and MCPS cannot contact the person(s) named then your bid may not be considered.

MCPS may request additional references. Note: ALL BIDDERS must provide references including bidders currently engaged in business with MCPS.

Phone Contact Contract Company Name & Address Number Person Number

1. __________________________________________________________________________

Email__________________________________________

2. __________________________________________________________________________

3. _________________________________________________________________________

U. AWARD CRITERIA

1. Conformance to specifications and completeness of bid submission

2. Ability to perform

3. Price

4. Past performance

5. MBE compliance

V. SPECIAL CONDITIONS

1. Audit Provisions – MCPS shall have the right to examine the successful bidder records pertaining to work performed under the contract to determine and verify their compliance with all contractual conditions. MCPS shall be granted access to such records at all reasonable times during the contract period and for three years thereafter.

I. GENERAL CONDITIONS 15 BID #9318.11

2. Contingent Fee – The successful bidder hereby represents that they have not retained anyone to solicit or secure this contract from MCPS upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for bona fide employees or bona fide established commercial selling agencies maintained by the person so representing for the purpose of securing business, or any attorney rendering professional legal services consistent with applicable canons of ethics.

3. Assignments – Neither this contract nor any interest therein nor claim thereunder shall be assigned or transferred by the successful bidder(s) except as expressly authorized in writing by MCPS and no contract shall be made by the successful bidder(s) with any other party for furnishing any of the work or services herein contracted for without the written approval of MCPS.

4. Disputes – Any dispute concerning a question of fact arising under this contract shall be disposed of by written agreement between the contractor and the MCPS Contracting Officer. Pending final decision of a dispute hereunder, the contractor shall proceed diligently with the contract performance.

II. CONTRACT ADMINISTRATION 16 BID #9318.11

II. CONTRACT ADMINISTRATION

A. PRE-CONSTRUCTION MEETING

1. MCPS reserves the right to convene a meeting with the apparent low bidder prior to awarding a contract. The purpose of this meeting is to afford all parties an opportunity to discuss any aspects of project and contract execution, which may be of concern for the successful and timely completion of the project.

2. Issues raised during this meeting which cannot be resolved to MCPS satisfaction will be cause to reject the apparent low bid and to consider the next lowest bidder as the successful offeror.

B. CONTRACT SECURITY

1. Security may be in the form of Certified Cashier's or Bank Treasurer's Check OR Bonds (AIA Documents A-311, A-312, or similar). The bonding firm must be licensed to do business in the State of Maryland.

2. Upon receipt of the award Notification letter, the successful bidder shall deliver to MCPS within five working days the security requirements, which are:

Performance and Payment Bonds – Bonds are required for projects that are in excess of

$50,000.00. The Contractor shall provide a bond in the amount of the total MCPS accepted proposal cost for each project over $50,000.00.

3. If bond(s) are to be used for contract/proposal security, the cost of the bond(s) shall be borne by MCPS and shall be included in all cost proposal exceeding $50,000.00. Note:

Failure to supply the Contract Securities as specified will be considered a contract violation and shall be grounds for contract cancellations.

C. POST AWARD SUBMISSIONS

1. In addition to licenses required with the bid response, the apparent low bidder may be required to supply within 48 hours after MCPS requests, applicable business and contractor’s licenses technician certification from manufacturer, master licenses for trades appropriate for work to be performed, and/or company financial statements, etc., as required to allow MCPS contractor evaluation. Failure to supply documents as specified may disqualify your bid proposal.

2. Sub-Contractors

a) The successful bidder shall supply a complete list of all sub-contractors for evaluation by MCPS. This list must be submitted within two workdays after MCPS makes the request. Failure to do so will be grounds for termination of your bid.

The contractor shall be responsible for assuring that all proposed sub-contractors are in good standing with MCPS.

I. CONTRACT ADMINISTRATION 17 BID #9318.11

b) MCPS shall notify the contractor in writing if, after due investigation, there is reasonable objection to any of the proposed sub-contractors. Failure of MCPS to make objection to any proposed sub-contractor shall constitute notice of no objection. Each sub-contractor may be required to furnish to MCPS, in duplicate, proof of their financial stability and experience to perform the particular work for which they will be engaged. All contractual agreements between the contractor and their sub-contractors shall be written, unamended, on the Standard Form of Agreement between contractor and sub-contractor, AIA Document A401 (most recent Edition). Upon request the contractor shall supply copies of this contract to MCPS within five working days.

c) MCPS acceptance of sub-contractors in no way relieves the contractor from being responsible for the total and complete performance of the work for the project; i.e., failure of the sub-contractors to satisfactorily perform the work in a timely fashion is the contractor’s responsibility and not that of MCPS.

3. Minority Business Enterprise (MBE) in Public Schools

a) Certified Minority Business Enterprises are highly encouraged to respond to this solicitation.

b) Since state funds may be involved in future project(s) performed under this bid “it is important that bidder(s) review the new state revised MBE Procedures carefully to ensure compliance”. There is a 0% MBE goal set for this bid. On future state funded project(s) that may be performed under this bid, that exceed $50,000, a new MBE goal may be established based on the scope and size of the work. The bidder(s) may be required to solicit MBE participation, which will include providing revised Certified MBE Utilization and Fair Solicitation Affidavit (Attachment A) and the MBE Participation Schedule (Attachment B) along with other required MBE forms that may be applicable. Bidders are always strongly encouraged to make a good faith effort to solicit Certified Minority Business participation to provide materials, supplies, equipment, and/or service whenever possible at any time prior to bidding and throughout the course of the project(s).

c) Refer to the document, MINORITY BUSINESS ENTERPRISE PROCEDURES, February 8, 2021, included with this bid solicitation package under APPENDIX A.

d) MBE pages D1 through D10 of Attachment D, the MBE Procedure located herein under APPENDIX A, must be completed and submitted with the bid proposal identifying the bidder’s specific commitment of certified minority business even when the MBE goal is 0%. Failure to supply as specified will disqualify your bid proposal.

e) MCPS expect all bidders to make the good faith effort to meet or exceed the established MBE goal for this invitation to Bid. MCPS will NOT grant MBE waivers without sufficient support documentation that clearly substantiates that the bidder has made a sincere good faith effort to meet the MBE requirement. There will be an extensive effort required on the part of the bidder to ensure compliance with the MBE procedure to rationalize a review of an MCPS waiver request.

I. CONTRACT ADMINISTRATION 18 BID #9318.11

f) Contact the MCPS MBE Liaison at 240-740-7700, regarding any other MBE procedure questions. Current listing of the MBE certified contractors can be obtained http://mbe.mdot.state.md.us/directory/searchselect.aspn.

4. Submit Evidence of Insurance

a) Insurance

See Article XXI of the General Stipulations and Instructions to Bidders. The successful contractor shall submit an actual certificate of insurance made in favor of MCPS within five workdays after an award notification letter has been issued to the successful bidder.

b) Additional insurance

The Montgomery County Board of Education shall be named as an additional insured on all liability policies.

c) Policy Cancellation/Certificate Holder

(1) Sixty days written notice of cancellation or material change in any of the policies is required.

(2) The Division of Procurement, Montgomery County Board of Education shall be the insurance certificate holder.

5. Invoicing

a) Bidder shall submit invoices to the Project Coordinator in the Office of Facilities

Management. Preferred electronically via email or regular mail to Montgomery County Public Schools, 45 West Gude Drive, Suite 4300, Rockville Maryland 20850, for payment approval. All invoices shall be similar to AIA Documents G702 & G703 identify pertinent information such as purchase order number facility/building name and address where work was performed. The MCPS Project Coordinator shall submit invoices and receiving reports to the Division of Controller to process payments.

b) MCPS is not obligated to make any partial payments. However, partial payments may be considered based upon the contractor’s justification of expenditures and satisfactory work performed up to 75% of the total contract cost. The remaining balance will be paid upon MCPS’ acceptance of the project as being 100% complete and in compliance with specifications. MCPS will refrain from making any partial payments if, in MCPS’ opinion, the project falls behind schedule. MCPS may resume making partial payments once all delays have been overcome and the project is back on schedule. Final payment shall be made after the project is complete in all detail and as specified and accepted by the MCPS Project Coordinator.

c) Partial payment invoices shall be accompanied by a schedule of values allocated to various portions of the work (similar to AIA Documents G702 & G703). This http://mbe.mdot.state.md.us/directory/searchselect.aspn

I. CONTRACT ADMINISTRATION 19 BID #9318.11

schedule, unless objected to by the MCPS Project Coordinator, shall be used as a basis for reviewing the contractor’s application for partial payment.

6. Permits & Inspection

The contractor shall obtain all required permits, pay all fees, and certify that other required permits have been obtained prior to commencing work. Upon completion of all work, obtain all certificates of inspections required and deliver them to the MCPS Project Coordinator. All required permit certificates and related documentation shall be submitted to the MCPS Project Coordinator for approval prior to final payment.

D. STATE FUNDED PROJECT COMPLIANCE REQUIREMENTS

1. The contractor shall complete and submit to MCPS, “CONTRACTOR’S

CERTIFICATION OF RECEIPT OF PAYMENT”, included with this bid solicitation package under APPENDIX B. This form shall be completed after the contractor has received payments from MCPS exceeding the amount of the State funding. At the time of the contract award, the contractor shall be informed of the actual dollar amount being funded by the State for the project. Once the contractor has received payment from MCPS exceeding this amount, the contractor shall have ten days in which to submit CONTRACTOR’S CERTIFICATION OF RECEIPT OF PAYMENT to MCPS. No further payments will be made to the contractor until this form has been submitted.

2. THE CONSTRUCTION SIGN SHOULD BE ERECTED FOR ALL STATE OF

MARYLAND SCHOOL FUNDED CONSTRUCTION PROGRAM PROJECTS

THAT EXCEED $100,000. The contractor shall supply and install the sign as specified APPENDIX C on the project site. The contractor has the option of making a specified sign or obtaining the sign from the Maryland Correctional Enterprises (MCE) Sign Platt #11, C/O Patuxent Institution, Attention Christian Mayne, Plant Manager, 7555 Waterloo Road Jessup, Maryland 20794, phone at 410-799-5102 or email christiane.mayne@maryland.gov, website www.mce.md.gov. The current price from Maryland Correctional Enterprises for this sign is $583.00 with lead-time of approximately one week. The contractor shall coordinate the location of the sign with the MCPS Project Coordinator. The contractor shall remove the sign and restore the site to original condition upon the completion of the contract. It will be MCPS option to either retain the sign for future use or have the contractor dispose of the sign.

E. MARYLAND BUY AMERICAN STEEL ACT

Steel purchase under this bid must be in compliance with the “Maryland Buy American Steel

Act “, Section 17-301 to 17-306 of the State Finance and Procurement Article of the American Code of Maryland. This applies to steel purchases that are more combined or a single purchase that are composed of at least 10,000 pounds of steel products. It is the bidder’s responsibility to be in compliance as required if purchasing steel in excess of 10,000 pounds. More detailed information can be found at:

http://www.dsd.state.md.us/comar/AnnotCodeIdx/StateFinProcIndex.htm mailto:christianemayne@maryland.gov http://www.dsd.state.md.us/comar/AnnotCodeIdx/StateFinProcIndex.htm

I. CONTRACT ADMINISTRATION 20 BID #9318.11

F. SALES TAX

Section 326 (a) of Chapter 452 of the Laws of Maryland, 1968, provides, among other things, for the taxation of “any sale . . . of tangible personal property to the contractors or Builders to be used for the construction, repair, or alteration of real property….” Sales tax, as applicable, shall be included in any bid made to the Board of Education of Montgomery County, Maryland.

G. PERFORMANCE

1. The contractor shall have on the job site at least one person fluent in English at all times and at least one person who has an MCPS badge at all times.

2. The contractor shall provide to the MCPS Project Coordinator cellular telephone numbers and Email addresses of project managers to allow for day-to-day direct communications.

3. Work is to be completed in a timely workmanlike manner; fumes, odors, materials, and work procedures will be controlled to protect occupants and property from harm and damage contractor shall protect all existing floors, including floor where material is stored or being transported with RAM Board .375” thick or MCPS approved equal.

4. The contractor shall furnish the services of an experienced supervisor, who shall be in charge of the work and provide direction to the crew at all times.

5. The contractors and employees:

a) Contractors are required to have all employees complete the fingerprinting and background check, so they can receive an MCPS Contractor badge. MCPS contractor’s badges shall be worn while on-premises. Contractor’s employees/workers without an MCPS contractor badge will be denied entry;

contractors will be required to check in daily at the facility’s main office to obtain a visitor badge. These badges must be returned to MCPS daily. All contractor’s employees must wear a badge while on site.

b) Use of any form of tobacco products, liquor, and/or illegal drugs are not permitted in

MCPS buildings and on grounds.

c) Are not to routinely use facility equipment and buildings, i.e., telephone, lounges, parking lots, etc. The MCPS Project Coordinator will designate such facilities authorized for contractor use.

6. All work shall be scheduled to the mutual satisfaction of the School Administration and the MCPS Project Coordinator to avoid conflicts with school activities.

7. The building is expected to be occupied throughout the stated period allowed for this work.

The contractor shall take all required safety precautions during the installations.

Contractors shall secure all openings, at the end of the work day, during projects.

I. CONTRACT ADMINISTRATION 21 BID #9318.11

8. Work area shall be kept safe at all times; the area shall be left clean and ready for use at the end of each work day. The contractor must sweep the floors and remove all debris generated by the work from the premises daily adhering to Montgomery County Executive Regulation No.1-15AM-Residential and Commercial Recycling, COMCOR 48.00.03 Solid Waste and Recycling. The contractor shall track all recyclable materials such as metal cardboard, commingle, yard waste, concrete, asphalt and others. The contractor shall provide a monthly report to MCPS recycling manager, Mr. John Meyer via email John_MeyerIII@mcpsmd.org that includes weight, dates and the facility to which each of the material was taken to be recycled.

9. Installation must be performed in strict compliance with the latest local, state and federal regulations having authority. The Maryland Occupational Safety and Health Administration Hazard Communication Standards and the Occupational Safety and Health Administration Hazard Communication Standards must be followed.

10. Contractor shall restore, patch and repaint areas that components were removed from existing structure to match exist finish.

11. Upon completion of all work, any and all damage to the school building and grounds as a result of the work; must be restored to a condition as good as existed prior to damaging.

Damaged lawns shall be repaired; fill ruts and holes with top soil apply one step Hydro-seed containing cellulose or wood fiber fertilizer and grass seed, damaged shrubs and trees shall be replaced.

12. Failure to perform in accordance with MCPS specifications, drawings and industry standards may result in the contractor being removed from the approved vendor list to receive future Invitation for Bid for a period of two years.

H. CHANGES IN THE WORK

1. Should it be desired to make alterations or changes at any time during the progress of the work or to add to or delete work, MCPS shall have the undisputed right to make such changes, additions, omissions, or alterations by written order. An MCPS CHANGE ORDER FORM under APPENDIX E must be completed and signed by both MCPS and contractor's authorized representative as identified on the form. All Change Order Forms, proposals and other supporting documentation relating to additional work must be supplied to the MCPS Project Coordinator within one week from the time the Change Order need is identified. No cost increases to contract will be paid without a completed Change Order Form signed by both parties. Approved Change orders do not automatically revise completion dates. It is the contractor’s responsibility to provide a written request for extension, with an explanation of justification as they deem necessary. Using project change Orders as rationale for not completing on time will not be accepted without a written MCPS approved extension. If work is performed without MCPS authorization and/or written Change Order, the contractor will be subject to reversing said work, or work and/or materials should remain at no cost to MCPS. This shall be solely at MCPS’ discretion.

mailto:John_MeyerIII@mcpsmd.org

I. CONTRACT ADMINISTRATION 22 BID #9318.11

2. The allowable, all inclusive, mark-up for combined overhead, bonds, fringe benefits, union fees, equipment, tools, and profit for work performed by the prime contractor shall be based on the monetary value of the work not to exceed the following rates:

Value of Work Combined Overhead & Profit

$0 - $1,000 20% $1,001 - $4,999 18% $5,000 - $9,999 16% $10,000 - $24,999 14% Over $24,999 Negotiated but not more than 10%

This schedule applies to work done by the prime contractor or by a sub-contractor(s). The prime contractor shall be allowed not more than 8% of the sub-contractor's all- inclusive cost for combined supervision, bonds, fringe benefits, union fees labor, small equipment, tools and profit or labor materials.

3. The contractor shall furnish supporting documentation with all Change Order…