HVCD2AG26SB ATTACHMENT R - Special Provisions.pdf

SPECIAL PROVISIONS CONTRACT NO. IFB_ContractNo PROJECT DESCRIPTION 1 of 13

07-03-17

PROJECT DESCRIPTION

This open-ended, on-call Contract consists of services for the Administration’s Heating Ventilation and Air Condition (HVAC) systems to include quarterly preventative maintenance (PM) services, seasonal with quarterly PM services, non-emergency call-in work, and emergency call-in work at various locations.

The limits of this Contract work may extend to the other Facilities in this District, should extenuating circumstances dictate the need.

Contractor may be required to participate in diagnostic assessments for any Administration

Facility throughout the state of Maryland as described elsewhere.

Services will include a comprehensive system, inspection, repair, and emergency service program, regardless of the make, age, or model.

This work includes all labor, materials, parts, service and transportation to ensure the satisfactory performance and efficient operations of the heating, ventilation and air conditioning equipment along with all supporting systems associated to its performance. The Contractor shall inspect and provide service to all systems equipment in accordance with the manufacturers’ recommendations unless otherwise specified in these Contract Documents. Contractor shall consider all equipment in its existing condition and that no adjustments will be made after the award of the Contract. The Administration reserves the right to upgrade, replace, add and/or abandon equipment as needed. The Contractor agrees to perform services scoped in this Contract to all added equipment at the contractual price bid at the time of award.

This is a non-exclusive Contract. It does not include all work expected to be performed in the designated areas. Therefore, at times, other Contractors may be performing similar work that is not associated with this Contract.

SPECIFICATIONS

All work on this project shall conform to the Maryland Department of Transportation, State Highway Administration's Specifications entitled, "Standard Specifications for Construction and Materials Book" (see the “Notice to Contractor” following this Project Description for information on the applicable version for this Contract) revisions thereof, or additions thereto;

the International Mechanical Code; the National Electrical Code; SMACNA, (Sheet Metal & Air Conditioning Contractors National Assoc., Inc.) Code; as applicable to State buildings thereof, or additions thereto; and the Special Provisions included in this Invitation for Bids.

In case of a discrepancy between the Special Provisions and all other provisions contained in the Contract, the Engineer will be the sole authority as to the proper procedure to follow.

HVAC - TEMPLATE

PROJECT DESCRIPTION 2 of 13

EMPLOYMENT AGENCY

The Maryland Department of Labor, Licensing & Regulation (DLLR), Division of Employment & Training can be found on the Web at: http://www.dllr.state.md.us/county.

TERM OF CONTRACT

If monies remain in this Contract and if work remains to be performed beyond the aforesaid completion date, the Administration may extend, at their discretion, the completion date to allow the unfinished work to be completed.

If the Administration desires and authorizes an extension to the completion date, a change order will be issued. The criteria for the extension must comply with the guidelines established in the Board of Public Works Advisory No. 1995-1, 6th Revision, effective December 15, 2011.

If this Contract is extended, the terms, conditions and covenants set forth herein shall remain in full force and effect.

The Administration reserves the right to terminate this Contract at any time without prior notice should circumstances dictate it be in the best interest of the appointing authority.

BONDING AND INSURANCE

Bonding will not be required on this Contract. Any reference to Bonding in the Contract Documents will not apply

Property damage, liability and workmen’s compensation insurance premium, unemployment insurance contributions, social security, supervision and other costs for which no specific allowance is herein provided will not be measured for payment, but will be incidental to the pay items listed in the Schedule of Prices.

WORKING HOURS

Except for emergency service, all on-site work will be performed between the standard business hours of 7:30AM and 4:00PM, Monday through Friday, no work will be performed on Saturdays, Sundays, or Legal State Holidays without prior approval by the Engineer. Work performed outside of the standard business hours can be arranged with preapproval of the Engineer if requested by the Contractor or could be requested by the Engineer on a case by case basis. The bid items for the PM work will apply to PM services; if approved, the Non-emergency Call-in rates could be applicable but only if preapproved by the Engineer. Non-emergency call-in labor rates will apply to non-emergency repairs. Overtime for labor in excess of eight hours in one calendar day for Non-emergency Call-ins and Emergency Call-ins, must be pre-approved by the Engineer and will be paid at 1.5 times the applicable labor rate bid in the Schedule of Prices.

PROJECT DESCRIPTION 3 of 13

PREAPPROVAL OF WORK

Any work performed outside the Scope of Work described in these Contract Documents, including emergency work, will not be paid if not pre-approved by the Engineer.

TRAVEL TIME

Travel time to and from the work location is considered incidental to the other pay items and no compensation will be authorized unless otherwise specified.

CONTROL SYSTEMS

There are existing HVAC building automation systems located as noted below that are part of this Contract. The Contractor shall subcontract with a controls subcontractor(s) with the technical expertise, commercial experience and licenses necessary to maintain and troubleshoot these control systems as part of this Contract. Maintenance should occur in conjunction with the scheduled PM for the location to allow testing and verification of correct operation of the serviced equipment to occur. Troubleshooting assistance shall be scheduled as needed for emergency and non-emergency repair calls.

Should it be necessary to make changes to the programming of the HVAC control systems, authorization must be first attained in writing from the Administration’s Office of Maintenance – Facilities Management Division’s (FMD) Division Chief or the Assistant Division Chief – Maintenance if unavailable.

The control systems under this Contract are listed in a separate Special Provision.

PREVENTATIVE MAINTENANCE

All Preventative Maintenance (PM) work shall be performed by the direct on-site supervision of a Journeyman Technician with no less than five years of commercial experience in the trade.

Preventative Maintenance Services shall be scheduled by the Contractor in accordance with the outlined checklists included in these Contract Documents. It is the expectation of the Administration that all required parts and supplies needed to perform these services be brought with the Journeyman Technician to the work location.

Time away from the job will not be paid. This includes but is not limited to “parts and supply” runs, lunch or any other circumstance which may pull the Contractor away from the work location.

Unless otherwise directed and/or approved by the Engineer.

LIQUIDATED DAMAGES: Upon the second occurrence the Contractor fails to appear for scheduled work within the 24 hour time frame during the Term of Contract, a sum of $250.00 per day, per additional occurrence (starting on the third occurrence) will be deducted from any monies due to the Contractor, not as a penalty, but as Liquidated Damages. This applies to all work assignments for the Term of Contract and does not require that occurrences be consecutive days or for the same assignment.

PROJECT DESCRIPTION 4 of 13

NON-EMERGENCY SERVICE WORK

All non-emergency work shall be performed by a Journeyman Technician or a licensed Master Technician with no less than five years of commercial experience in the trade. Contractor shall contact the Engineer within 24 hours of notification of non-emergency work requests to schedule a work date within the following two weeks.

Time away from the job will not be paid. This includes but is not limited to “parts and supply” runs, lunch or any other circumstance which may pull the Contractor away from the work location.

Unless otherwise directed and/or approved by the Engineer.

LIQUIDATED DAMAGES: Upon the second occurrence the Contractor fails to appear for scheduled work within the 24 hour time frame during the Term of Contract, a sum of $250.00 per day, per additional occurrence (starting on the third occurrence) will be deducted from any monies due to the Contractor, not as a penalty, but as Liquidated Damages. This applies to all work assignments for the Term of Contract and does not require that occurrences be consecutive days or for the same assignment.

EMERGENCY SERVICE WORK

This Contract requires the Contractor be on call 24 hours a day, 7 days a week and 365 days a year for Emergency Service. The Contractor’s on-site response to a call for emergency service shall be within three hours after he/she has verbally received and confirmed the call from the Engineer. Should the Contractor respond on site within one hour of the initial call, payment will be made from the timing of the call. Payment for responding on site after one hour will be from the arrival time. Failure to respond within this time frame may result in termination of the Contract. If an emergency call is made and inspection does not reveal any defect for which the Contractor is liable, the Administration will pay regular prevailing charges for the visit. An emergency is defined as a sudden occurrence that would impact employee safety, such as boiler shutdown or a significant leak that results in the loss of ability to heat an occupied area with outside temperature below 50 degrees F, loss of ability to heat an unoccupied area with outside temperature below 35 degrees F, loss of ability to cool office area with outside temperature above 80 degrees F.

Work shall be done on a time and material basis utilizing the hourly rates and bid items included in the Schedule of Prices. Emergency service work shall be performed by a licensed Master Technician or under the direct on-site supervision of a licensed Master Technician.

Time away from the job for “Parts Runs” can be paid when preapproved by the Engineer.

LIQUIDATED DAMAGES: On the first occurrence of the Contractor’s failure to appear on-site within the prescribed time frame to an emergency call, the sum of $500.00 per day will be deducted from any monies due to the Contractor, not as a penalty, but as Liquidated Damages.

COMMUNICATION

PROJECT DESCRIPTION 5 of 13

The Contractor shall supply the Administration with adequate and reliable forms of communication to include but is not limited to cell phone number, home phone number, numbers to reach additional management team members in which someone can be reached 24 hours a day, 7 days a week and 365 days a year. It is imperative that the Contractor understand the importance of timely communication considering the emergency aspect of this Contract. The Administration shall be notified of any changes in contact numbers as soon as possible.

CONTRACTOR QUALIFICATIONS

The Contractor shall have the following qualifications:

1) An HVACR Master Unrestricted Contractor’s license and insured to perform work in the State of Maryland

2) The Contractor shall be capable of providing a minimum of eight employees, if needed, who hold a current HVACR license or a Maryland Journeyman Unrestricted License;

Six of the eight employees shall have a universal or Type 2 and Type 3 EPA Section 608 Technician Certification. Provide documentation of certification with the Experience and Equipment Statement.

3) Recovery equipment shall be AHRI/UL certified self contained refrigerant recovery/recycling equipment. Provide documentation of certification and equipment owned with the Experience and Equipment Statement.

4) Minimum of 5 years of commercial HVAC service experience. Contractor shall provide documentation of license and commercial experience for technicians when requested by the Administration.

5) 24 Hours Emergency Service

6) The following IN-HOUSE capabilities: Refrigeration/ AC, sheet metal; Temperature

Controls, Steam fittings; Spilt System; Rooftop heating and AC up to 75 Tons; Chillers;

Boilers. An ASME certified pipe welder with a Maryland HVAC license.

7) A well stocked vehicle that is properly equipped, including but not limited to all materials, equipment, tools, and incidentals to perform all phases of the required work.

8) The Contractor shall submit three references with the Experience and Equipment

Statement, the name, address, telephone number and point-of-contact of at least three firms, for which the bidder provided commercial HVAC services within the preceding 24 months. References may be checked prior to award. Any negative responses received may result in disqualification of the bid.

PROJECT DESCRIPTION 6 of 13

SUBMITTALS

Prior to the start of work on this Contract, the Contractor shall submit a certificate of insurance indicating that he carries third party legal insurance, comprehensive general public liability and property damage insurance as specified in GP-7.14 and TC-5.01.

REPORTING FOR WORK

The Contractor shall sign in and sign out at the administrative office of the facility when reporting for work and when leaving. When signing out the Contractor must present a Daily Report detailing the work performed that day. This document will become part of the inspector’s records and used when verifying payment.

ACCEPTANCE OF WORK

The Engineer or his representative will inspect all work performed and be the final judge in determining if the work has been performed correctly and completely. All unsatisfactory findings shall have a corrective action within a 48 hour period. All temporary repairs shall be corrected within a 30 day period.

GENERAL ISSUES

The Contractor is encouraged to make arrangements to inspect the equipment/systems at all facilities prior to preparing his bid, by emailing a request to SHAFMDInquiry@SHA.STATE.MD.US. Any failure to acquaint oneself with the existing equipment/systems may not relieve one from the responsibility for estimating properly.

All planned/preventative maintenance shall be performed by a journeyman technician or above.

Contractor shall maintain detailed service logs/tickets on the performance of equipment at the site. Service logs/tickets shall include the date of inspection, all actual readings and the complete listing of all work preformed and service finished including temperature measurements and test results.

Contractor shall update service logs/tickets at the conclusion of each visit and submit them along with completed checklists to the Engineer.

All work shall conform to Federal, State, county and local codes, rules and regulations. The Contractor shall be responsible for obtaining all necessary permits before any work is started.

The Contractor must meet Federal EPA, OSHA, and MDE guidelines regarding the performance of work and the proper handling and disposal of waste and or contaminated materials. The Administration will not receive any materials, products, or chemicals which may be hazardous to an employee’s health unless, upon receipt of these items, they are accompanied by a Material Safety Data Sheet.

mailto:SHAFMDInquiry@SHA.STATE.MD.US

PROJECT DESCRIPTION 7 of 13

EQUIPMENT CHECKLIST

Equipment Checklists list found in these Contract Documents outline the services required in the standard Quarterly PM Service and the Seasonal (including Quarterly) PM Services.

QUARTERLY PREVENTATIVE MAINTENANCE

Quarterly Preventative Maintenance services shall be done in the months of January and July.

A bid item has been established for Quarterly PM Services. The bid price for Quarterly PM Services shall include all filters, belts, fluids, cleaning supplies, tools, rags, nozzles, electrodes, seals, gaskets, refrigerant (for adjusting charges but not including a complete refrigerant replacement), screws, nuts, bolts, test equipment, lab work, and all other supplies and equipment to perform the required planned/preventative maintenance of the scheduled equipment. The Contractor shall furnish planned/preventative maintenance as recommended by the equipment manufacturers including, but not limited to, the items listed on EQUIPMENT LIST.

SEASONAL WITH QUARTERLY PM SERVICES

Seasonal with Quarterly PM services shall be done in the months of April and October.

A bid item has been established for Seasonal W/Quarterly PM services. The bid price for Seasonal W/Quarterly PM Services shall include all services outlined in the Quarterly PM service along with all of the additional items listed for the Seasonal PM services.

ADDITIONAL COIL CLEANINGS

Additional Coil Cleanings may be done in the months of May, June, August, and September at locations listed in a separate Special Provision.

A bid item has been established for hours of Additional Coil Cleanings. The bid price for Additional Coil Cleanings shall include all materials, equipment, tools, and incidentals to perform the work. This item may be reduced at the discretion of the Engineer.

MAN HOURS FOR NON-EMERGENCY CALL-IN

Bid items have been established for hours for Non-emergency Call-in. These items will only be paid when required repairs falls outside the scope of the above reference comprehensive Preventative Maintenance. The hourly rate shall include all tools and equipment necessary to perform the work.

PROJECT DESCRIPTION 8 of 13

MAN HOURS FOR EMERGENCY CALL-IN

Bid items have been established for hours for Emergency Call-in. These items will only be paid when required repairs falls outside the scope of the above reference comprehensive Preventative Maintenance.

DIAGNOSTIC ASSESSMENTS

Another component of this Contract is to perform diagnostic assessments on units and systems such as described in this Contract or to assess a project scope and make recommendations on how to best mitigate an issue on equipment in other Facilities outside of this Contract. These services can be requested for any Administration location in the state of Maryland based on the needs of the Administration.

A bid item has been established for hours of Diagnostic Assessments. The hourly price bid shall include all labor, and transportation costs from the Contractor’s approved staging Facility to the destination Facility and back. Overtime will be paid at 1.5 times the hourly rate bid for any approved hours over 8 hours.

MATERIALS FOR REPAIRS

The item “MATERIALS FOR REPAIRS ALLOWANCE” has been established for the payment of any necessary materials/parts not listed in the Contract schedule of prices. The value of this item has been pre-established, and shall not be altered, but shall be included in the total bid. The value of this item is estimated and there is no guarantee that any or this entire item will be used during the term of the Contract. Payment for materials/parts will be for the actual cost of the materials/parts delivered for the work including tax and transportation charges paid by the Contractor.

In addition, the Contractor will be allowed the percentage of the actual cost of materials/pats, tax, and applicable transportation costs, established by the bid item for “MATERIALS MARK-UP PERCENTAGE” The bid price for this item shall not exceed a maximum of $0.10 on the dollar.

IF THE CONTRACTOR’S BID FOR MATERIALS MARK-UP PERCENTAGE EXCEEDS

THIS MAXIMUM, THE BID WILL BE CONSIDERED NON-RESPONSIVE AND THE

CONTRACTOR’S BID WILL BE REJECTED.

This item shall only be paid when required materials/parts fall outside the scope of the above referenced comprehensive maintenance program. The Contractor shall notify the Engineer, prior to proceeding with work, of purchasing any material/part that will be paid under the MATERIALS FOR REPAIR ALLOWANCE. The Administration reserves the right to purchase this material directly.

All qualifying materials/parts not covered under this Contract shall be billed to the Administration at actual cost. A copy of the vendor’s source invoice(s) for all parts/ materials used for repair/ services must accompany his invoice in order to be reimbursed. Payments shall not be made for any materials/parts without the proper documentation attached to the vendor’s original invoice. For materials/parts accepted by the procurement officer and used on the job, the

PROJECT DESCRIPTION 9 of 13

Contractor will receive the actual cost of such materials/parts including transportation charges. In addition to the actual cost of materials/parts and transportation charges, the Contractor will receive MATERIALS MARKUP PERCENTAGE bid price over the actual cost of approved to purchase materials/parts.

SALVAGED MATERIALS

All material salvaged from facility repairs or upgrades shall remain the property of the Administration and disposition will be at the discretion of the Engineer. Any material determined by the Engineer to have no salvage value shall be removed and disposed of by the Contractor at no additional cost.

LIST OF MAINTAINED EQUIPMENT

The Contractor shall furnish maintenance, necessary repairs and emergency service to the equipment listed as well all controls associated with this equipment see EQUIPMENT LISTS contained in these Contract Documents.

EQUIPMENT

SERVICE VEHICLES: Shall be equipped with all tools, equipment and materials needed to fulfill the terms of this Contract for preventive maintenance and non-emergency service. No pay item has been established for these vehicles and their cost is considered incidental to the Labor bid items in the Schedule of Prices.

SPECIALIZED EQUIPMENT: In cases where a piece of equipment is rented or leased by the Contractor from a third party, the actual invoiced amount will be paid when the rates are reasonably in line with established rental rates for the equipment in question and are approved by the Engineer.

The item “SPECIALIZED EQUIPMENT ALLOWANCE” has been established for the payment of any necessary specialized equipment needed for Non-emergency and Emergency repairs that have been approved by the Engineer. The value of this item has been pre-established, and shall not be altered, but shall be included in the total bid. The value of this item is estimated and there is no guarantee that any or this entire item will be used during the term of the Contract. THERE WILL

BE NO MARK-UP ALLOWED ON SPECIALIZED EQUIPMENT.

Contractors who have subsidiary equipment rental companies may not rent equipment from those companies unless their prices are competitive with the prevailing equipment rental rates being paid in the area where the work is being performed. Should the Contractor desire to rent from his associated company, the Engineer may require the Contractor to provide documentation that the prices paid for the equipment rental are competitive with the equipment rental industry. This documentation shall include at least two other price quotations from two other rental companies.

Until all documentation is presented to the Engineer and approved, no equipment shall be delivered to the job site.

Note: Excluded from specialized equipment are computer and software.

PROJECT DESCRIPTION 10 of 13

SUPERVISION

The Contractor shall assign to the Contract, as his agent, competent supervision capable of communicating in English, and capable of reading and thoroughly understanding the Contract documents.

CONTRACTOR RELIABILITY AND QUALITY RATING

Throughout the term of this Contract, the Contractor will be rated by the Engineer for reliability and quality of work, using the following:

RELIABILITY QUALITY OF WORK

A - Always shows up as needed on time A – Excellent B - Almost always shows up as needed on time B – Good C - Sometimes shows up C – Marginal D - Rarely shows up D – Poor

The Contractor will be rated after he/she submits a bill for each quarter's work on the CONTRACTOR RELIABILITY AND QUALITY RATING Work Sheet. If the Contractor receives a rating of C or less in reliability and/or quality of work for 2 consecutive ratings, the Administration reserves the right to terminate the Contract.

PROJECT DESCRIPTION 11 of 13

CONTRACTOR RATING

Work Sheet

Contractor: Date:

Location:

RELIABILITY:

A. Always shows up as needed and on time B. Almost always shows up as needed on time C. Sometimes shows up D. Rarely shows up

QUALITY OF WORK:

A. Excellent B. Good C. Marginal D. Poor

COOPERATION OF PERSONNEL:

C. Marginal

EQUIPMENT PERFORMANCE:

C. Marginal

E. Exempt

Remarks

Contractor's Signature

MD SHA Inspector's Signature

Reviewed with Contractor on:

cc: District Office Contractor

The Contractor will be rated after he/she submits a bill for each month's work. If the Contractor receives a rating of C or less in reliability, quality of work, cooperation of personnel and/or Equipment performance for two consecutive ratings the Administration reserves the right to terminate the Contract.

PROJECT DESCRIPTION 12 of 13

METHOD OF PAYMENT

The Contractor shall submit a detailed bill, in duplicate, for each month indicating the project number to the Engineer. All bills shall be sent, by the tenth day of each calendar month for all work completed.

On the face of each invoice shall be affixed the Federal Tax Identification number or Social

Security number assigned to the Contractor. Each monthly invoice shall be labeled as "Progress" and the final invoice shall be labeled as "Final".

Any Contract valued over $200,000.00 shall have the following information, as provided by the

Administration at the time of award, printed on the face of each invoice:

A.) Board of Public Works information: BPW date; Item Number; and Page number.

B.) Date of Original Agreement, Contract expiration Date shall be pre-printed on all invoices and

Contract expiration date shall be updated when changes are made.

Pursuant to Article 17-106, Certification of Payments and in compliance with the above requirement, the following “INVOICE COVER SHEET” shall be submitted with all Progress and Final payment invoices and signed by the Contractor. Failure to do so will result in non-payment.

PROJECT DESCRIPTION 13 of 13

INVOICE COVER SHEET

CONTRACT NO.: IFB_ContractNo

DESCRIPTION: HVAC Maintenance Services for Administration Facilities at Various Locations

CONTRACTOR: ______________________________________________________________

CONTRACTOR ADDRESS: _____________________________________________________

FEDERAL TAX IDENTIFICATION #: ____________________________________________

CONTRACTOR'S PHONE # :______________ CONTRACTOR'S FAX #: _____________

LOCATION OF SERVICES: ____________________________________________________

TYPE OF INVOICE: _______________ INVOICE PERIOD: ________________________

INVOICE NO.: _____________ DATE: ________________ AMOUNT: _____________

BOARD OF PUBLIC WORKS DATE:

BOARD OF PUBLIC WORKS ITEM #

BOARD OF PUBLIC WORKS PAGE #:

DATE OF ORIGINAL AGREEMENT:

CONTRACT EXPIRATION DATE:

The undersigned Contractor does certify it has made payments from proceeds of prior payments, to Labor and Material men/women, including lessors of equipment and subcontractors, all as required by Section 17-106 of the State Finance and Procurement Article of the Annotated Code of Maryland (1988 Edition) and that it shall make like and timely payments from the proceeds of this payment as statutorily so required.

Signature Approved

Date Title

Work shall be done on a time and material basis utilizing the hourly rates and bid items included in the Schedule of Prices. Emergency service work shall be performed by a licensed Master Technician or under the direct on-site supervision of a licen...