Division of Financial Management Department of Procurement

MONTGOMERY COUNTY PUBLIC SCHOOLS

45 West Gude Drive, Suite 3100

Rockville, Maryland

INVITATION FOR BID # 9792.1

ELEVATOR MODERNIZATION AT

THOMAS S. WOOTTON HIGH SCHOOL

GENERAL CONDITIONS AND SPECIFICATIONS

I. GENERAL CONDITIONS

A. SCOPE

The work includes removing, furnishing, delivery, and complete modernization of two passenger/freight elevator systems, including all related materials as required to make the project complete in all details and in compliance with Montgomery County Public Schools (MCPS) specifications and drawings herein and manufacturer’s installation requirements at:

Thomas S. Wootton High School, 2100 Wootton Parkway, Rockville, Maryland 20850

B. INTENT

1. It is the intention of these specifications and drawings to fully cover the furnishing of materials and labor for the modernization of the passenger elevators, adhering to MCPS’ specifications herein and the manufacturer’s installation instructions. Unit prices for labor and materials for the crew are requested as the basis for the execution of change order work. Please refer to the Quotation form. The successful contractor will be required to submit the Asbestos Free Material Verification Form as applicable and required herein. (See General Conditions Section K and APPENDIX I)

2. Bid prices offered shall be all-inclusive including, but not limited to, labor, equipment, and miscellaneous materials to satisfy all specification requirements. All costs shall be included in the bid price 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, with special attention to ADA requirements. Review and understand Factory Mutual (FM) requirements and resolve all conflicts between the FM specifications and MCPS specifications. These regulations and standards will be further considered a part of these specifications and conditions. The Contractor shall furnish and install any additional items required by the same, whether or not particularly shown or specified. All deliveries must be prepaid to the destination (FOB destination); in no case will collect shipment be accepted.

I. GENERAL CONDITIONS 2 BID #9792.1

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 submitting the most favorable price with consideration being given to any previous performance for the Board of Education as to the quality of service, acceptable merchandise, and with regard to the bidder’s ability to perform should it be awarded the contract. However, the Board of Education reserves the right to make awards according to the best interest of MCPS. Awards are contingent upon the availability of funds.

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 worksite before bidding. Please call the main office at phone number 240-740-1500 to schedule a time to visit. The Contractor must report to the main office to contact the Building Service Manager prior to performing their inspection.

The bidder shall carefully review the drawings and specifications before submitting their bid.

Should any errors, discrepancies, or omissions be found in these specifications and/or drawings or any discrepancies found between the drawings and the physical conditions at the site, the Contractor shall notify MCPS in writing immediately. When the bid has been submitted and received, it shall be understood that the work site has been inspected and that the bidder is aware of the needs and conditions under which the work is to be accomplished including, but not limited to, all work and equipment required to satisfy any and all laws, codes, regulations, etc., that are applicable.

The bidder shall submit a written report to Comfort Baiyeshea, Buyer II, via email at Comfort_O_Baiyeshea@mcpsmd.org upon identifying any condition which might prevent installation of the equipment or performance of the work in the manner intended no later than four working days prior to the bid opening. Failure to do so will not relieve the successful bidder of the obligation to furnish all materials and labor necessary to fully carry out the provision of the contract documents.

E. SCHEDULE/RESTRICTIONS

1. The elevator systems shall be installed, operational and State accepted for use on/or before

August 07, 2027. Work on-site can begin on June 21, 2027, with the approval of the MCPS Project Coordinator. If the official school year is altered, the completion dates affected will be adjusted proportionately. Earlier start date may be allowed if requested by the Contractor and approved by the MCPS Project Coordinator. This project shall be 100% completed as specified and accepted by the MCPS Project Coordinator on or before August 14, 2027. This includes, but is not limited to, all closeout tasks; punch out corrections completed and accepted, final inspections, demonstrations, training, documentation, equipment, etc. Since this bid requires custom fabricated equipment, the Contractor must verify that they can provide all materials necessary to meet the schedule as specified. This schedule is the essence of this bid. Late charges will be deducted for failure to meet any target dates without an MCPS approved extension. (See

I. GENERAL CONDITIONS 3 BID #9792.1

“Late Charges for Failure to Complete on Time” under Contract Administration, Section G.) A comprehensive work schedule will be developed with the successful Contractor and the MCPS Project Coordinator to satisfy the identified completion dates.

A purchase order issued and signed by the director of the Department of Materials Management will be the Contractor’s authorization to proceed. All work is to be totally completed on or before the stated completion date identified. This includes but is not limited to, all cleaning tasks, punch-out work, operational demonstration to the satisfaction of MCPS, and final inspection by MCPS staff. Should conditions of the existing well hole require remedial measures, the schedule will be re-evaluated and will be adjusted by Change Order.

2. The Contractor may commence any of the preparatory work, i.e., shop drawings, ordering of equipment and materials, etc., upon receipt of a Pre-Award Notification letter from the Department of Procurement.

3. 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 underway to determine if inventory is sufficient.

4. Special Work Period

Work may be performed on evenings, weekends, or holidays with MCPS approval;

however, the Contractor shall reimburse MCPS for the overtime cost of having MCPS’ building services staff on site. These overtime cost will be tracked and deducted from the Contractors final invoice. (See “Overtime Reimbursement Agreement”, under

APPENDIX F).

5. The Contractor shall take into consideration that school activities will be taking place

(summer school, special activities) while work for this contract is being performed; and no work performed by the Contractor shall disrupt normal school functions. Any outages, downtime of electrical systems, etc., which may be required in the execution of the Contractor’s work shall be scheduled with the MCPS Project Coordinator and will require the Contractor to perform such work at premium labor times. The Contractor shall include work performed over a weekend in the bid so it will not affect the building usage. The intent is to have this project performed without totally closing the building during regular weekday hours as the building will be occupied with administrative staff.

The Contractor shall anticipate these occurrences in their bids, and no changes in contract amount or completion date will be made for such occurrences.

F. 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.

I. GENERAL CONDITIONS 4 BID #9792.1

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) regarding the Shelter/Lockdown Procedures. These procedures are subject to change to meet MCPS requirements.

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

G. WARRANTY/SERVICES/REPAIRS

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

2. Warranty shall provide for replacements of defective parts plus installation labor. The Contractor shall also provide all preventive maintenance, inspections as required, and adjustments necessary throughout the two-year warranty period. Any warranty claim made by MCPS before the expiration of said warranty shall be satisfied although the warranty has subsequently expired. Failure of a bidder to provide satisfactory warranty service to MCPS shall be grounds for exclusion from future bidding.

H. 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 and tested for future projects by MCPS if materials are submitted at no cost to MCPS. Forward samples/information to Montgomery County Public Schools, Department of Planning 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 P.A. Systems.

2. In the brand column, state 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 are not shown, your bid may not be considered.

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

I. GENERAL CONDITIONS 5 BID #9792.1

I. MATERIALS

Materials used in the performance of this contract shall be new and 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 before delivery, and the Contractor shall supply sufficient information to allow evaluation.

J. DESCRIPTIVE LITERATURE

The apparent successful bidder may be required to furnish, within two business days after Pre- Award Notice, sufficient detailed information regarding the 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 the item and attached on separate pages of a brochure. Failure to submit sequentially marked descriptive literature may result in disqualification. The Bidder shall show the manufacturer’s code and catalog numbers of the item(s) offered. The cover of the brochure shall contain:

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

2. Bid number

K. 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.

• Acoustical ceiling tile,

• Adhesives

• Caulking

• Fire Rated Doors

• Fireboards

• 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 Protection Agency (EPA) accreditation and be a member of the National Voluntary Laboratory Accreditation Program (NVLAP). The Contractor or the manufacturer can have the

I. GENERAL CONDITIONS 6 BID #9792.1

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 the required laboratory analysis report(s) and a completed “Asbestos Free Material Verification Form” herein (see APPENDIX I) within five 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 the Environmental Health Specialist at 240-740-2331.

L. 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. 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.

M. BID SECURITY

1. Bids in excess of $100,000.00 shall be accompanied by a Bid Security in the form of Bid Bonds (A.I.A. Document A310), in the amount of 10% of the bid, naming Montgomery County Board of Education as Obligee. A certified check in the amount of 10% of the bid will be accepted in lieu of the Bid Bond. Where certified check is furnished, the contractor shall attach the following statement from a Maryland licensed bonding company signed by an authorized representative of the bonding company:

"As surety for the above-named contractor, (name of bonding company) hereby agrees to furnish the required bond as specified, on behalf of the contractor, in the event that such firm be the successful bidder for this project."

2. We are prepared to provide Performance, and Payment Bonds on MCPS projects bid between August 2026 and September 2027. Provide (name of applicant) to u 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.

Payment and performance bonds:

For projects over $100,000, the Bidder to whom a contract is awarded must furnish Performance and Payment Bonds, each in the amount of one hundred (100%) of the project awarded amount, including executed Change Orders, in the form specified.

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

I. GENERAL CONDITIONS 7 BID #9792.1

These must be provided at the time of the project award notice and prior to the start of any work.

3. If the successful bidder withdraws their bid or fails to execute and deliver to MCPS the contract and the required bonds within five working days after receipt of the Bid Award, the Bid Security shall be forfeited to MCPS as the result of such failure. Note: Failure to submit the bid security with the bid proposal will be reason to be considered a non-responsive bid.

N. 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. Bidders may wish to reproduce and retain an additional copy for your files.

2. Quotation Form (Pages 1-6)

a. Quotations are to be entered on the Quotation Form supplied in APPENDIX J.

Faxed quotations are not acceptable. SEALED BIDS ONLY.

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

Submission of one price for all the items without indicating a price per item shall be considered non-responsive and will invalidate the bid. If there is a discrepancy between the unit cost and total cost, the unit cost shall prevail. Prices offered shall be valid for acceptance during a period of no less than 90 days from the date of bid opening.

3. 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 the event calendar (http://www.montgomeryschoolsmd.org/departments/procurement/) or contact the Department of Procurement by email to Comfort_O_Baiyeshea@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.

4. State of Maryland Licenses

a. General Requirements: The Contractor shall include a current State of Maryland Construction Business License. This is considered a “TAX LIABILITY” License and does not authorize a contractor to perform any trade-specific work in the State of Maryland without the appropriate trade licenses as required. NOTE: All out-of-state bidders must provide an out-of-state Maryland Construction Business license.

http://www.montgomeryschoolsmd.org/departments/procurement/ mailto:Comfort_O_Baiyeshea@mcpsmd.org

I. GENERAL CONDITIONS 8 BID #9792.1

b. Construction Business License: This type of business license is issued through the County or Baltimore City, or the Clerks of the Circuit Court in which your business is located within the State of Maryland. Contact the State License Bureau http://www.marylandtaxes.com/ or at 410-260-6240 for additional information as required.

c. Contractor shall include 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 of Friday, August 14, 2027.

d. Bidder shall submit a current State of Maryland Elevator Contractor License with bid submission. Failure to provide an existing license may disqualify the bid submission.

5. Statement of Experience and Manufacturer’s Authorization Letter

The Contractor shall provide a statement of experience with the bid proposal. The Contractor shall have been in business and have been regularly engaged in the installation of elevators as specified herein, a minimum of five years. Failure to provide required documentation may disqualify the bid proposal.

6. Minority Business Enterprise in Public Schools

The goal has been set for 10% MBE participation. Pages D1 through D10 Attachment D, of the MBE procedure (APPENDIX D) reflecting minimum 10% MBE participation shall be submitted with your bid. If you do not submit the forms with your bid, MCPS may deem your bid non-responsive and you will not be selected for award.

(See Section “II Contract Administration” for additional MBE information)

MCPS expects all bidders to make the essential 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 requirements. There will be an extensive effort required on the part of the bidder to ensure compliance with the MBE procedures to rationalize a review of an MCPS waiver request.

7. Bid Security

See General Conditions, Section M. BID SECURITY on page 6 for requirements

Bids in excess of $100,000.00 shall be accompanied by a Bid Security in the form of Bid Bonds (A.I.A. Document A310), in the amount of 10% of the bid, naming Montgomery County Board of Education as Oblige (See GENERAL CONDITIONS, SECTION M, BID SECURITY on page 6 – 7 for more information)

8. References http://www.marylandtaxes.com/

I. GENERAL CONDITIONS 9 BID #9792.1

See “GENERAL CONDITIONS SECTION; P. REFERENCES” on page 11 for more information

O. Contractors’ 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:

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 the 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 $5000 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; or

3. A crime of violence as defined in § 14–101 of the Criminal Law Article, or an offense under the laws of another state that would be a violation of § 14–101 of the Criminal Law Article if committed 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.

I. GENERAL CONDITIONS 10 BID #9792.1

Each contractor is required to submit, the following award of a contract, documentation confirming that its direct employees and those of any subcontractors and/or independent contractors assigned to perform work in an 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 workforce 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.

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 workforce 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 “workforce” 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 MCPS at 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 Department of Procurement 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 the 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.

http://www.montgomeryschoolsmd.org/departments/procurement

I. GENERAL CONDITIONS 11 BID #9792.1

Once the contract is awarded, the contractor is responsible for implementing the background check process. An individual in the contractor’s workforce 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 Safety and Security, 850 Hungerford Drive, Room 137, Rockville, MD 20850. Appointments are made by calling 240-740-3215. The contractor will be required to return all badges at the conclusion of the contract.

The criminal background check and the 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.

P. REFERENCES

Bidders shall provide three references with their bid submission. The references shall have the company name, contact person, address, and phone number of three current customers for which a contract for a 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 other than MCPS, including bidders currently engaged in business with MCPS.

Contact Phone Contact Company Name & Address Person Number Number

1. _________________________________________________________________________

Email____________________________________________________________________

2. _________________________________________________________________________

Email____________________________________________________________________

3. _________________________________________________________________________

Email____________________________________________________________________

I. GENERAL CONDITIONS 12 BID #9792.1

Q. AWARD CRITERIA

1. Conformance to specifications and completeness of bid submission

2. Ability to perform

3. Price

4. Past Performance

5. MBE compliance

R. EMARYLAND MARKETPLACE ADVANTAGE

Maryland law requires local and state agencies to post solicitations on eMaryland Marketplace Advantage. Registration with eMaryland Marketplace is free. It is recommended that any interested supplier register at https://emma.maryland.gov/, regardless of the award outcome for this project as it is a valuable resource for upcoming bid notifications for municipalities throughout Maryland.

S. SPECIAL CONDITIONS

1. Audit Provisions – MCPS shall have the right to examine the successful bidder(s) 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.

2. Contingent Fee – The successful bidder(s) 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 bidders(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 the final decision of a dispute hereunder, the Contractor shall proceed diligently with the contract performance.

T. INQUIRIES

Inquiries regarding this solicitation must be submitted in writing, to Comfort Baiyeshea, Buyer

II, Montgomery County Public Schools, 45 West Gude Drive, Suite 3100, Rockville Maryland 20850, by email to Comfort_O_Baiyeshea@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 https://emma.maryland.gov/ mailto:Comfort_O_Baiyeshea@mcpsmd.org mailto:procurement@mcpsmd.org

I. GENERAL CONDITIONS 13 BID #9792.1

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 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 website address is http://www.montgomeryschoolsmd.org/departments/procurement/vendors.aspx, for the MCPS Department 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 Comfort_O_Baiyeshea@mcpsmd.org, Buyer II and the DPC Special Project Team Leader.

http://www.montgomeryschoolsmd.org/departments/procurement/vendors.aspx

II. CONTRACT ADMINISTRATION 14 BID # 9792.1

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 the project and contract execution, which may be of concern for the successful and timely completion of the project.

2. Documents required elsewhere in the specification, such as service and warranty agreements, shall be provided at this meeting to MCPS Division of Design and Construction.

3. Issues raised during this meeting, which cannot be resolved to the satisfaction of MCPS, will be caused to reject the apparent low bid; and to consider the next lowest bidder as the successful offeror.

B. CONTRACT SECURITY

1. The Performance Bond shall be executed using the modified A312, Payment and

Performance Bonds. The Payment shall be executed using AIA Document A312, Amended Payment Bond.

2. Upon receipt of the Pre-Award Notification letter, the successful bidder shall deliver to

MCPS within five working days security requirements, which are:

Performance and Payment Bonds – Bonds are required for contracts in excess of $50,000.00. The Contractor shall provide bonds in the amount of the total contract value.

3. If bond(s) are to be used for contract security, the cost of the bond(s) shall be borne by the

Contractor. Note: Failure to supply the Contract Securities as specified will be considered a non-responsive bid offer.

C. POST AWARD SUBMISSIONS

1. In addition to license required with the bid response, the apparent low bidder may be required to supply within 48 hours after MCPS request, applicable business and contractor’s licenses, master licenses for trades appropriate for work to be performed, and/or company financial statements, etc., as required to allow MCPS Contractor evaluation. The bidder must submit a copy of the Maryland Master and Contractor License under which this project will be performed. Failure to supply a copy 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 our bid.

II. CONTRACT ADMINISTRATION 15 BID # 9792.1

The Contractor shall be responsible for assuring that all proposed Sub-Contractors are in good standing with MCPS.

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 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 and unamended on the Standard Form of Agreement between the Contractor and Sub-Contractor, AIA Document A401 (most recent Edition). Upon request the Contractor shall supply copies of this contract to MCPS within five workdays.

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 bidders review the new state revised MBE Procedures carefully to ensure compliance”. There is a 10% 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 (Appendix A; Attachment D) 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 a 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

II. CONTRACT ADMINISTRATION 16 BID # 9792.1

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 procedures to rationalize a review of an MCPS waiver request.

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/search_select.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 a Pre-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 Department of Procurement, Montgomery County Board of Education shall be the insurance certificate holder.

5. Invoicing

a. Bidder shall submit all invoices to the MCPS Project Coordinator Department of

Planning and Construction, preferred electronically via email or regular mail to Project Coordinator Montgomery County Public Schools, 45 West Gude Drive, Suite 4300, Rockville, Maryland 20850 for payment approval. All invoices shall identify pertinent information such as purchase order number and building name where work was performed. The MCPS Project Coordinator shall submit invoices and receiving reports to the Division of Controller to process payments and shall specify final or partial payments.

b. MCPS is not obligated to make 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 http://mbe.mdot.state.md.us/directory/search_select.aspn

II. CONTRACT ADMINISTRATION 17 BID # 9792.1

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 as specified and accepted by MCPS Project Coordinator.

c. Partial payment invoices shall be accompanied by a detailed schedule of values allocated to various portions of the work (similar to AIA Document’s G702 & G703).

This 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 and Inspections

The Contractor shall obtain all required permits, permits, pay all fees, and certify that other required permits have been obtained prior to commencing work. This includes, but is not limited to, the Contractor securing permits on behalf of MCPS and scheduling of inspections as required by Federal, State and County authorities, such as State CSD-1 inspections and MDE permits. 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 10 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 $ 100,000.00. The Contractor shall supply and install a sign at the work location as specified on the drawing under APPENDIX C on the project site. The Contractor has the option of making a specified sign or obtaining the sign from Maryland Correctional Enterprises (MCE) Sign Plant #11 C/O Patuxent Institution, Attention:

Christine Mayne, Plant Manager, 7555 Waterloo Road, Jessup, Maryland 20794, phone 410-799-5102 or via email christiane.mayne@maryland.gov, website www.mce.md.gov.

The current price from Maryland Correctional Enterprises for this sign is $583.00 with a 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 its 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.

mailto:christiane.mayne@maryland.gov

II. CONTRACT ADMINISTRATION 18 BID # 9792.1

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 composed of at least 10,000 pounds of steel products. More detailed information can be found at:

http://www.dsd.state.md.us/comar/AnnotCodeIdx/StateFinProcIndex.htm it is the bidder’s responsibility to be in compliance as required if purchasing steel in excess of 10,000 pounds.

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 Contractors or Builders shall 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 one person who has an MCPS Contractor badge at all time.

2. The Contractor must 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 shall 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 floors where materials 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. Contractors and employees:

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

however, if entry is granted 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 employees must wear a badge while on site.

https://www.montgomeryschoolsmd.org/siteasset/district/departments/security/fing erprint/attachments/communication-contractors-2026.pdf

c. While performing work inside the building, contractor will be required to sign in daily at the facilities main office to receive identification badges that shall be worn while on premises.

http://www.dsd.state.md.us/comar/AnnotCodeIdx/StateFinProcIndex.htm

II. CONTRACT ADMINISTRATION 19 BID # 9792.1

d. Use of any form of tobacco products, liquor and/or illegal drugs is not permitted in

MCPS buildings and on grounds.

e. Contractor’s employees are not to 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.

8. Work area must be 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 floors and remove all debris generated by the work from the premises daily, adhering to Montgomery County Regulations No. 1-15AM-Resdiential 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 Occupational Safety and Health Administration Hazard Communication Standards must be followed.

10. 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.

11. Field measurements are required.

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 Invitations for Bid for a period of two years.

H. CHANGES IN THE WORK

1. Should alterations or changes at any time during the progress of the work or to add 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 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 contracts will be paid without a complete Change Order Form signed mailto:John_MeyerIII@mcpsmd.org

II. CONTRACT ADMINISTRATION 20 BID # 9792.1

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, as they deem necessary…