IFB-24088 Solicitation Playground Equipment FINAL.pdf

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024 and Maintenance Services

200 EAST NORTH AVENUE

BALTIMORE, MD 21202

INVITATION FOR BIDS

PLAYGROUND EQUIPMENT REPAIR, INSTALLATION,

AND MAINTENANCE SERVICES

IFB-24088

ISSUED BY: Procurement Office Baltimore City Public Schools 200 East North Avenue, Room 401 Baltimore, MD 21202 Attention: Stuart Feldman

IFB NUMBER: IFB-24088

RELEASE DATE: Wednesday, May 1, 2024

PRE-BID MEETING: There will not be a pre-bid meeting for this solicitation.

QUESTIONS DUE: Monday, May 13, 2024 by 4:00 p.m.

BID DUE DATE: Thursday, June 6, 2024 by 11:00 a.m., EST.

Bids submitted electronically to eMaryland

Marketplace Advantage website (eMMA)

BID OPENING: Thursday, June 6, 2024 @ 12:00 p.m.

DIRECT INQUIRIES TO: Buyer: Stuart Feldman

PH: 443-984-3389

FX: 410-545-6977

E-mail: safeldman@bcps.k12.md.us

Entities are cautioned not to make changes to any of the terms and conditions in this solicitation. Doing so may render an Entity’s Bid unacceptable and subject to rejection. Questions and inquiries may be addressed as outlined in Part II, Item 4.0 of this solicitation. Any exceptions to the Baltimore City Public Schools’ (“City Schools’”) terms and conditions are not binding unless they are negotiated and affirmatively deemed mutually agreeable by the Entity and City Schools in an executed Contract. City Schools is not required to negotiate changes to its terms and conditions.

mailto:safeldman@bcps.k12.md.us

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024

TABLE OF CONTENTS

PART I: SCOPE OF WORK

1.0 INTRODUCTION AND DEFINITIONS

2.0 BACKGROUND

3.0 SCOPE OF SERVICES

4.0 EVERY STUDENT SUCCEEDS ACT (“ESSA”) Not Applicable

PART II: GENERAL TERMS AND CONDITIONS

1.0 STATEMENT OF CONFIDENTIALITY

2.0 TERM OF AGREEMENT

3.0 PRE-BID MEETING

4.0 QUESTIONS AND INQUIRIES

5.0 POINT OF CONTACT

6.0 CITY SCHOOLS PROJECT MONITOR/CITY SCHOOLS SUPERVISION

7.0 CONTRACT TYPE

8.0 PAYMENT TERMS

9.0 TRAVEL REIMBURSEMENT

10.0 ELECTRONIC PAYMENT

11.0 IFB REVISIONS

12.0 SUBMISSION DEADLINE

13.0 BID OPENING

14.0 DURATION OF BID

15.0 MINORITY & WOMEN BUSINESS ENTERPRISE PROGRAM

16.0 E-MARYLAND MARKETPLACE ADVANTAGE

17.0 INSURANCE

18.0 LIQUIDATED DAMAGES

19.0 CRIMINAL BACKGROUND CHECK/FINGERPRINTING/PHOTO IDENTIFICATION BADGE

20.0 LIVING WAGE

21.0 BONDING: Not Applicable

22.0 TERMS AND CONDITIONS

23.0 BASIS OF AWARD

24.0 STATE OF MARYLAND CERTIFICATE OF GOOD STANDING

25.0 UNNECESSARILY ELABORATE BROCHURES

PART III: BID FORMAT

1.0 BID SUBMISSION FORMAT

2.0 VOLUME I: BID SUBMISSION FORMAT

PART IV: APPENDICES

APPENDIX A - SPECIAL TERMS AND CONDITIONS FOR SEALED BIDS

APPENDIX B - CITY SCHOOLS GENERAL ARTICLES

APPENDIX C - REFERENCES

APPENDIX D - NON-COLLUSION CERTIFICATE

APPENDIX E - DEBARMENT AFFIDAVIT

APPENDIX F - ANTI-BRIBERY AFFIDAVIT

APPENDIX G - ETHICS CERTIFICATION

APPENDIX H - EDGAR

APPENDIX I - BID FORM

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024

PART I: SCOPE OF WORK

1.0 INTRODUCTION AND DEFINITIONS

This Invitation for Bids (“IFB” or “solicitation”) is soliciting Bids from qualified Entities for playground and recreation equipment repair, replacement, and installation services.

For purposes of this IFB, the following definitions apply: “City Schools” refers to the Baltimore City Board of School Commissioners, which operates a system of public schools commonly known as the Baltimore City Public School System or Baltimore City Public Schools; “Entity” or “Bidder” means any qualified, reliable, and interested broker, vendor, bidder, consultant, contractor, manufacturer, and/or other entity that responds to this IFB, as well as the entity awarded a Contract or otherwise duly authorized by City Schools to provide Services in accordance with applicable Laws; “Contract” or “Agreement” refers to the legally enforceable Contract or agreement between City Schools and the Entity that is the successful Bidder responding to this IFB; “Services” or “Work” refers to the work, deliverables, products, goods, materials, equipment, and/or services required to be provided or performed by the Entity under the terms of the Agreement; “Law” or “Laws” refers to any applicable federal, state, and local laws, regulations and rules, as well as Baltimore City Board of School Commissioners policies and administrative regulations, which are available at this link: www.baltimorecityschools.org/board-policies; and “Bid” means a bid or submission to City Schools in response to this IFB.

2.0 BACKGROUND

City Schools serves the needs of public education in Baltimore City, covering approximately 77 square miles, with a residential population of more than 646,000. It is the fourth largest public school system in the State of Maryland. City Schools operates 156 facilities over a ten-mile radius, which includes Pre-k, elementary, middle, and high schools as well as special education centers and alternative schools. The Central administration headquarters is located at 200 East North Avenue, Baltimore, Maryland.

City Schools is governed by the Baltimore City Board of School Commissioners (“Board”), which has 10 members (including a student member). The Board is appointed by the Mayor of Baltimore. The Board sets and oversees policy and implementation of regulations for the school system and approves all major appointments. The City Schools Chief Executive Officer reports to the Board.

City Schools currently has approximately 79,000 students supported by approximately 10,000 employees and an annual operating budget of approximately $1.3B.

3.0 SCOPE OF SERVICES

The general Scope of Work shall consist of all work related to the repair, replacement, and installation services of playground equipment and related products.

A. Intent of Specifications

The intent of this solicitation is to award a contract to one or more qualifying Bidders demonstrating a solution which meets or exceeds the needs of Baltimore City Public Schools (City Schools) within the scope of playground and recreation http://www.baltimorecityschools.org/board-policies

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024 and Maintenance Services equipment repair, installation, and maintenance services on an on-call basis at various City Schools locations.

B. Description of Work

1. The Contractor shall furnish all labor, materials, equipment, supervision, Insurance, and services necessary for, and reasonably incidental to provide maintenance, repair, replacement, and installation services of playground and recreation equipment at various Baltimore City Public Schools.

2. Contractor shall provide a broad array of industry standard and reasonably priced repair and/or replacement parts, equipment, products, accessories, and services as may be required during the life of the contract to ensure continued and safe operation of all City Schools’ playground and recreation equipment.

C. Standards and Guidelines

1. It is essential that all playground and recreation equipment repair and/or replacement parts be certified and compliant with all Americans with Disabilities Act (ADA), International Play Equipment Manufacturers Association (IPEMA), American Society of Testing and Materials (ASTM), and Consumer Product Safety Commission (CPSC) standards, and other laws and requirements concerning playgrounds, in the State of Maryland.

2. Playground replacement service materials shall meet all guidelines stated in the Handbook for Public Playground Safety and current ASTM-F1292- 04 and F2075-04 standards as certified by an independent laboratory conforming to IPEMA safety standards as identified for the playground industry.

3. Mechanically engineered wood fiber safety surfacing materials shall meet or exceed ASTM F1292-04 and F2075-04 as certified by an independent laboratory conforming to IPEMA safety standards as identified for the playground industry.

4. Loose Fill Systems – Engineered Wood Fiber Surfacing shall be manufactured from 100% pre-consumer recovered wood or from 100% post-consumer recovered wood, which is designed to reduce injuries on playgrounds and provide a stable resilient surface for trails.

5. Poured-in Place Rubber Mulch Surfacing for Playgrounds

a. This work includes furnishing and installing No Fault Bonded Rubber Mulch. The surfacing manufacturer/installer shall be responsible for all labor, materials, tools, and equipment to perform all work and services for the installation of the surface.

b. No Fault Bonded Rubber Mulch Safety Surface shall be one-layer, poured-in-place and troweled to provide for a resilient, seamless rubber surface installed over the specified rigid base. The surface shall be composed of post-consumer recycled rubber shred mixed with a non-flammable, non-shrinking, one part moisture cured

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024 and Maintenance Services polyurethane adhesive capable of bonding rubber to sub-base. No Fault Bonded Rubber Mulch Safety Surface shall be stable to comply with all requirements set forth in the Americans with Disabilities Act (ADA) and the American Standard Testing Methods (ASTM) and Consumer Products Safety Commission (CPSC) for manufactured Safety Surfaces as detailed below.

c. Quality Assurance

1. Test Results

i. Impact Attenuation - ASTM F 1292: Surfacing within playground equipment use zones shall meet or exceed the performance requirements of CPSC, ASTM F 1292 and/or CSA Z614-98 that a surface yield both a peak deceleration of no more than 200 g’s and a Head Injury Criteria (HIC) value of no more than 1,000 for a head-first fall from the highest accessible portion of play equipment being installed as shown on drawings. Manufactured Safety Surface: For surfaces manufactured for the purpose of playground safety surface, the impact attenuation performance shall be documented by a certificate of compliance provided by third party at owner or Contractor’s expense.

ii. Accessibility of Surface Systems – ASTM F1951:

All playground surfacing products must pass testing to ensure wheelchair access under and around playground equipment as required by the American Disabilities Act.

d. Materials

1. Primer: Single component moisture cured polyurethane primer is required

2. Polyurethane Binder

i. Binder for safety surfacing shall be specifically designed for use with rubber material for outdoor installations.

ii. Binder is a 100% MDI based elastic polyurethane pre-polymer with minimal odor, excellent weathering and binding characteristics.

iii. No toluene diphenyl isocyanate (TDI) shall be used.

iv. No filler materials shall be used in urethane such as plasticizers and the catalyzing agent shall contain no heavy metals.

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024 and Maintenance Services

v. Weight of polyurethane shall be no less than 8.5 lbs. /gal (1.02 Kg/1) and no more than 9.5 lbs. /gal (1.14 Kg/1).

vi. Color tinted binder will not be allowed.

3. Rubber Mulch

i. 100% post-consumer recycled rubber shred material derived from recycled tires.

ii. Loose material must not have unwanted characteristics of whole tire recycling, including steel or fabric.

iii. The loose fill rubber must consist of rubber particles ranging in size from 3/8” to 2”.

iv. Rubber shall be organically color blended and tested for color retention.

v. Only Polyurethane color coatings should be used to assure maximum color bonding and longevity.

6. All repair and/or replacement and assembly work shall be performed by manufacturers’ certified installers. All work must be performed according to the standards established by the terms, specifications, drawings, and construction notes for each playground and meet manufacturer’s specifications and industry standards. It shall be the obligation of the Contractor to obtain clarification from the City Schools Project Manager concerning questions or conflicts in the specifications, drawings and construction notes in a timely manner as to not delay the progress of the repair/replacement work.

Repair/replacement part and supplies must be installed without compromising any safety requirement and shall comply with all Occupational Safety and Health Administration (OSHA), State and City Safety and Occupational Health Standards and any other applicable rules and regulations. The Contractor and their subcontractors shall be held responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site area under this contract.

D. Service Call Instructions

1. All work shall be completed in a first-class workman-like manner by mechanics having no less than five (5) years working experience in this particular field.

2. Given the important nature of this contract, it is imperative that the

Contractor understands that some repair work will require immediate (within 48 hours) response. The Contractor must respond in accordance with instructions. Failure to respond to an authorized emergency service

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024 and Maintenance Services call, or to correct faulty work, shall be considered unsatisfactory under this contract.

3. All requests for contractual services will be made by telephone to the Contractor and/or confirmed in writing by sending an email to the Contractor. The Contractor will be instructed as to the service requested, whether it is emergency response, regular response or a request for proposal.

4. Request for proposal shall be defined as:

a. The Project Supervisor may request a written proposal from the Contractor before authorizing any work.

b. The proposal shall contain among other things, scope of work, estimated time and material cost, location of the project, and earliest possible start date.

c. The Contractor will be notified when to start the project with a Notice-to-Proceed.

d. All invoices shall be on a ‘Time & Material’ basis in accordance with submitted bid rates.

e. When authorized, the Contractor shall proceed immediately to make the necessary repairs as outlined in the Notice-to-Proceed form. The Contractor shall respond in accordance with the written request from the Project Supervisor.

f. The Contractor is only required to perform work designated in the telephone service request and/or confirmed in writing. The Project Supervisor must confirm any additional work at the site in writing.

The Contractor shall not honor any request for services or repairs made by any other person. Payment for work shall be made only for services or repairs authorized by the Project Supervisor or their duly authorized representative(s).

g. Although the City Schools intends to procure all normal requirements under this contract, it reserves the right to utilize any individual, company, City Schools’ personnel or the Baltimore City Department of Public Works’ personnel for any portion of this contract.

h. All service calls shall require a qualified/certified mechanic, helper, and a fully equipped truck stocked with materials and equipment required to meet the needs of City Schools in the performance of this contract. The use of additional personnel at any one job shall require the approval of the Project Supervisor.

i. Daily time tickets shall be filled out by the Contractor for each service or repair job. The daily time tickets shall include, but not be limited to the following:

1. Name and address of the school and the service date.

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024 and Maintenance Services

2. The time of the response to the service call, time arrived at the site, the completion time and the full names of the mechanic and helper.

3. The specific equipment, item, or system that was repaired, materials used and the location of the problem in the building.

j. Time tickets must be signed by the City Schools Project Supervisor or their duly authorized representative (principal, vice principal, lead custodian, etc.) and shall be submitted with material cost breakdown and an invoice for payment.

k. The Contractor will be expected to maintain an adequate inventory of parts and supplies that should be reasonably needed to complete any type of authorized work. All materials shall be readily available from local supply. Delays in performing repairs due to a lack of items that should be expected to be locally available or failure of Contractor to complete the project because of unavailability of materials in a timely manner could be sufficient reason for terminating the contract for default.

l. The Contractor shall comply with all requirements of access to information about hazardous and toxic substances law and regulations.

m. The Contractor shall request Manufacturer Safety Data Sheets, (MSDS) from their distributor, listing all materials used on the job site, degree of hazard, and toxicity. MSDS are to remain on the site after all work is completed. Copies of the MSDS must be forwarded to the Project Manager and the school principal prior to beginning any work. The Contractor’s superintendent should have a copy in their possession at all times on the job site.

n. The Contractor shall be paid in accordance with rates submitted on the bid forms. Bid labor rates are for the actual hours worked and shall include travel time, transportation costs, insurance, overhead and profit. Material cost for bid markup shall include freight.

E. Equipment

1. The Contractor shall not charge for equipment that is considered “tools of the trade” which is necessary for and reasonably incidental, to the performance of work within the scope of these specifications.

2. Truck equipment and tools shall include, but not be limited to, power tools;

6’ step ladder, 30’ extension ladder, electric extension cords, and general hand tools.

3. Rental equipment approved by the Project Supervisor shall be reimbursed at the cost charged by the rental company. Subcontractors shall not be allowed any markup. The Contractor or subcontractor shall not charge City Schools for equipment moving and/or any drop off fees, damage waiver fee, or delivery fee. The prime Contractor shall submit invoices from each

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024 and Maintenance Services independent rental company to verify the cost of rented equipment.

F. Working Hours All bidders shall quote labor rates for repair work to be performed as follows:

1. Normal Hours: 7:30 A.M. to 5:00 P.M Monday through Friday

2. After Hours: 5:01 P.M. to 7:29 A.M. Monday through Friday and All day Saturday, Sunday, and Holidays

3. Emergency Calls: Twenty-four (24) hours, 7 days a week Emergency rates apply for the first two (2) hours of an emergency call at which time the rates revert to applicable hourly rates.

G. Material Standards for New Installations All materials used on work performed under this contract shall be new and as specified. No claim by the Contractor as to the unsuitability or unavailability of any materials specified, or their inability to produce first class work with the specified materials, will be entertained unless they are made in writing and submitted with their bid. As the type and kinds of materials differ at various school buildings, City Schools shall approve the materials to be used at each location. City Schools reserves the right to furnish any or all materials and the Contractor shall not be paid for handling charge for these materials.

H. Submittals The Contractor shall submit the following data for approval before start of work:

1. Product data and safety data sheets.

2. Color samples

I. Delivery and Storage

1. Materials will be delivered in the manufacturers' original unopened containers, clearly marked with the brands and names.

2. Materials will be stored in their original containers in accordance with the manufacturer’s recommendations.

J. Installation Standards

1. Work shall be in compliance with all applicable codes, including but not limited to OSHA/MOSHA and City Code.

2. All repair mand/r installation work shall be carefully inspected once

Completed by the Contractor to the satisfaction of the City Schools Project Supervisor or their fully authorized representative.

K. Preparation

1. Prior to repair and/or installation, all replacement parts shall be examined by the Project Supervisor to ensure compatibility and a long-lasting finished product.

2. Playground and recreation equipment must be dry, clean, and free from

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024 and Maintenance Services loose particles after repairs have been completed. Oil, grease, and other harmful contaminants shall be removed with appropriate cleaning solvent followed by rinsing with clean water.

L. Removal and Demolition

1. Removal of any materials and/or equipment by the Contractor shall be done with extreme care so that the remaining equipment and systems are not damaged. The Contractor shall be held responsible by City Schools for any damage done to existing equipment and/or systems during removal and/or demolition. The Contractor shall repair any damage done by their employees or subcontractors at their expense. Any existing equipment and systems in the work area shall be properly and effectively protected by the Contractor.

2. Any equipment or materials removed by the Contractor which will not be reused shall be returned to City Schools as directed. The Contractor shall legally dispose of any such materials.

M. Services and Facilities

1. The Contractor may utilize existing electrical facilities at the various sites in the performance of this work.

2. The Contractor shall exercise discretion when using portable electrical tools and equipment so as not to impose any excessive loads on the wiring system.

3. The Contractor shall be held liable for any abuse or misuse of this privilege and repair any resulting damage at their own expense.

N. Cleaning

1. The Contractor shall keep work areas clean at all times. The Contractor shall leave all work areas broom clean whether indoors and/or outdoors when work has been completed.

2. Any dust resulting from replacement or repair work shall be controlled to prevent spreading to other portions of the building to avoid creation of a nuisance.

O. Approval and Regulation

1. The Baltimore City Building Inspector has the right to inspect the facility to ensure that work completed is in accordance with all applicable codes and permits.

2. All playground and recreation equipment shall be inspected by the City

Schools Project Supervisor before it can be used.

P. Underwriters Laboratory Labelling The Contractor shall insure that all materials supplied under this this contract meet the latest requirements of the Department of Housing and Community

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024

Development for having Underwriters Laboratory Labeling on equipment.

Q. Placing in Service

1. The Contractor and City Schools Project Supervisor shall review the playground and recreation equipment repairs once they have been completed.

2. Any additional repairs if needed shall be performed to the complete satisfaction of the City Schools Project Supervisor.

3. It is the intention of these detailed specifications to fully cover all repairs so that when they have been accepted by the City Schools Project Supervisor playground and recreation equipment repairs shall be ready for regular and use.

R. Guarantee

1. All work performed by the Contractor under this contract shall be guaranteed to be free from defects for one-year. The Contractor shall be notified in writing of any materials or equipment failure and will be required to replace the defects promptly at their expense. The one-year guarantee period shall begin only after acceptance by the Project Supervisor. Failure to correct unsatisfactory or uncompleted work will result in the Contractor being back charged all associated costs of making necessary corrections by the using agency under different contracts or otherwise, and the cost shall be deducted from invoices due the Contractor.

All corrections must be completed within five (5) days of written notification.

2. Certain replacement materials may be guaranteed by the manufacturer for a period which is longer time that specified in this contract. When this is the case, the longer guarantee shall be in effect.

3. This contract does not supersede any original manufacturer’s warranty that may be in effect on some of the materials covered by this contract, these warranties shall be exercised by the owner.

S. Payment Procedures

1. All services shall be paid at the labor and materials rates quoted in the bid proposal sheet. The Contractor shall be paid only for the actual hours worked (shown on the time ticket) and actual material cost plus markup (shown on the Bid Proposal Sheets) authorized and accepted by the Project Supervisor in accordance with this contract.

2. The labor and material rates quoted shall include all taxes, mileage, insurance, transportation expenses, tools of the trade, fringe benefits, supervision, overhead, services required to actively direct and control all playground and recreation equipment repair and installation. Daily time tickets shall be drafted by the Contractor for each repair job, signed by the Project Supervisor, and submitted with the invoices for all repair work.

Materials cost breakdown and actual material invoices shall be submitted for all repair work, to verify quantities and cost.

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024

3. Invoices shall be submitted only after each repair job is entirely completed and approved by the Project Supervisor. Partial billing shall not be allowed for any repair work held up because of delivery of materials, parts or manpower to complete the repair project.

4. Invoices shall be submitted in duplicate. Daily time tickets, material cost breakdown and material invoices shall also be submitted in duplicate.

5. Cost of consumable materials shall be reasonably prorated for each service call.

6. Emergency rates will be invoiced for no more than the first two hours of any service call. Beyond two hours, the rates will be in accordance with normal, after hour, or holiday hours, whichever governs.

7. City Schools shall pay for a minimum of one (1) hour for service calls that are less than one (1) hour in duration in one building or building complex.

All labor after the first hour shall be billed in quarter-hour increments.

8. The Contractor shall only be paid for labor, materials, parts, and supplies authorized and accepted by the Project Supervisor.

9. No payment will be made for time taken for meals.

10. The Project Supervisor shall sign and date acceptable invoices.

11. Authorized materials provided by the Contractor under this contract shall be invoiced for material cost plus bid markup percentage. The estimated materials amount cost on the Bid Proposal Sheet is for bidding purposes only and is not guaranteed, and may be more or less. The Contractor shall provide such additional materials authorized for performing repair work. In order to determine materials cost for markup, locally acquired parts or materials shall only include supplier costs and shipped parts or materials shall only include cost plus freight. Any applicable sales tax paid by the Contractor for materials shall be itemized and are reimbursable, however, no markup on sales taxes shall be allowed.

T. Environmental Protection

1. The Contractor shall take great care for the prevention of environmental pollution during, and as a result of, all operations under this contract. For the purpose of this specifications, environmental pollution is defined as the introduction of, and/or presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare unfavorably alter biological balances of importance to human life or affect other species of importance to man. The control of environmental pollution requires consideration of air, water, and land.

2. The Contractor and their subcontractors shall comply with the following regulations:

a. Clean Air Act (CAA);

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024

b. Clean Water Act (CWA);

c. Code of Maryland Regulations (COMAR) Title 09 and 26;

d. Comprehensive Environmental Response, Compensation and

Liability Act (CERCLA, commonly known as Superfund);

e. Emergency Planning and Community Right-to-Know Act (EPCRA);

f. Endangered Species Act;

g. National Environmental Policy Act (NEPA);

h. Federal Insecticide, Fungicide, Rodenticide Act (FIFRA);

i. Occupational Safety and Health Act (OSHA);

j. Oil Pollution Act, Pollution Prevention Act (PPA);

k. Safe Drinking Water Act;

l. Toxic Substance Control Act (TSCA);

m. All other applicable local, state, and federal laws and regulations concerning environmental and safety requirements, as well as the specific requirements stated elsewhere in the contract specifications.

3. If state, federal or installation regulators determine that the Contractor has or is creating a condition that may present an imminent and substantial danger to health or the environment, they have the authority to issue project cease-and-desist and/or termination orders without routing these notifications through the City Schools Project Supervisor. Such authority falls under the definition of "imminent hazard" as defined by OSHA, RCRA, and other laws (see "APPLICABLE REGULATIONS" above). If directed by persons authorized to issue such notifications, the Contractor shall comply immediately and notify the City Schools Project Supervisor.

d. The above statements do not infer that the Contractor will wait for the City Schools Project Supervisor and/or regulator notification before initiating corrective action for spills, leaks, fires, explosions, and/or accidents involving injuries. In the event of such incidents. The Contractor shall immediately notify the proper authorities and implement corrective actions to prevent further injuries or damage to the environment. All costs incurred as the result of a Contractor caused spill, leak, fire, explosion, or other accident is the responsibility of the Contractor.

4. Compliance with the provisions of this section by subcontractors shall be the responsibility of the Contractor.

5. The Contractor shall protect against the emission of hazardous substances into the air that cause or contribute to air pollution that may

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024 and Maintenance Services reasonably be anticipated to endanger health, welfare and the environment.

6. The Contractor may interact with structures and equipment painted with lead paint. The Contractor shall take every possible precaution not to disturb the lead paint. Any debris contaminated with a TCLP lead reading of 5 ppm (mg/1) or greater is will be considered and treated as hazardous waste. Lead-contaminated debris determined to be hazardous waste shall be placed in a roll off, drum, or any other container approved for hazardous waste storage. All containers shall be labeled with a hazardous waste label and annotated with the following "lead contaminated debris, EPA D008" in accordance with RCRA hazardous waste regulations. The Contractor shall dispose of all hazardous waste generated and contact DSHE (TSDF),

(410) 436-8423, through the City Schools Project Supervisor to make arrangements for pick-up and disposal of all hazardous waste. City Schools will reimburse the Contractor any associated cost.

7. The Contractor shall use heavy metal free solder and flux (i.e., lead, cadmium, silver, etc.) to the greatest extent possible.

8. While several Laws are cited in this Solicitation as being applicable to the Scope of Work, it is ultimately the Bidder’s obligation to determine which Laws are applicable to the Scope of Work and how to comply with such Laws. Furthermore, it is the Bidder’s obligation to determine the cost of complying with applicable Laws, and this cost must be incorporated into the Bid. Once awarded a contract, the Entity shall not be allowed to adjust its Bid to incorporate the cost of compliance with Laws (unless a Law becomes effective after a Bid is submitted). Furthermore, in the event the Entity fails to comply with applicable Laws and such failure results in the imposition of penalties, the Entity shall be responsible for paying for such penalties. Similarly, if it is determined that the construction of the site does not comply with applicable Laws, the Entity shall be responsible for correcting such non-compliance, and Entity shall not be compensated for correcting any such non-compliance.

4.0 EVERY STUDENT SUCCEEDS ACT (“ESSA”) Not Applicable.

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024 and Maintenance Services

PART II: GENERAL TERMS AND CONDITIONS

1.0 STATEMENT OF CONFIDENTIALITY

It is understood and agreed that all information pertinent to this IFB may contain trade secrets, which are confidential and proprietary. The winning Bidder agrees not to disclose or knowingly use any confidential or proprietary information of the Baltimore City Schools and/or third-party participant.

Entities are notified that City Schools has unlimited data rights regarding Bids submitted in response to this IFB. “Unlimited data rights” means that City Schools has the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, or perform publicly and display publicly any information submitted by the Entity in response to this or any solicitation issued by City Schools. City Schools will exempt information that is confidential commercial or financial information of an Entity, as defined by the Maryland Public Information Act (“MPIA”), Title 4 of the General Provisions Article of the Maryland Annotated Code. It is the responsibility of the Entity to clearly identify each part of its Bid that is confidential commercial or financial information by stamping the bottom right-hand corner of each pertinent page with one-inch, bold face letters stating the words “confidential” or “proprietary”. The Entity agrees that any portion of the Bid that is not stamped as proprietary or confidential is not proprietary or confidential. As a condition for City Schools keeping the information confidential, the Entity must agree to defend and hold City Schools harmless if any information is inadvertently released. Each Entity must submit a proprietary and confidential redacted copy of its Bid to be used in responding to MPIA requests. However, and in accordance with the MPIA, Entities are hereby notified that every portion of the Bid may still be subject to disclosure under the MPIA.

2.0 TERM OF AGREEMENT

The anticipated term of the Contract that City Schools intends to award pursuant to this IFB shall be for three (3) years from the date after Board approval with one (1), two-year renewal option to be determined at the sole discretion of City Schools, and subject to the termination provisions set forth in the attached City Schools General Articles (Appendix B).

The Entity awarded a Contract pursuant to this IFB may adjust its base Contract Bid prices for the two-year renewal period. Prices may not be adjusted during the initial three-year term. This permissible adjustment mechanism shall be tied to the change in the Consumer Price Index (“CPI”). The specific procedure for calculating the adjustment and implementing the resulting price change is described as follows:

At least sixty (60) days prior to the end of the current Contract year, an Entity may submit a request to adjust the Contract prices then in effect based upon a change in the CPI as described below. The U.S. Department of Labor, Bureau of Labor Statistics (“BLS”) (www.bls.gov), CPI, All Urban Consumers (Series ID: CUUR0000SA0) shall be used as the basis for a request to adjust prices.

In no event shall the price increase exceed 5% of the current Contract unit price. The adjustment shall be calculated, as a percent of the prior year annual index number increase. The percent is derived from the difference between the prior calendar year “Annual” index number as published in the BLS-CPI. The difference is expressed as a percentage of the prior calendar year prices. The Entity must submit with the request: a http://www.bls.gov/

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024 and Maintenance Services copy of the proposed renewal price schedule showing the current Contract prices; the price adjustments as calculated using the BLS-CPI, All Urban Consumers (Series ID:

CUUR0000SA0); and, the proposed renewal Contract prices.

In the event the BLS discontinues the CPI Index, City Schools may consider a request from the Entity for a price adjustment based upon the most comparable successor index to the CPI, up to, but not to exceed, 5% for any renewal period.

Any request for price adjustments requires proof (actual invoices) of the increase(s) effect on the Entity’s costs.

3.0 PRE-BID MEETING

There will not be a pre-bid meeting for this solicitation.

4.0 QUESTIONS AND INQUIRIES

No interpretation of the meaning of the specifications or other documents will be made to any Entity orally. Questions shall be submitted in writing to the Point of Contact (see Part II, § 5.0). If the Entity is allowed to submit the Bid in hard copy, the word "INQUIRY” and the IFB name and number must be noted on the envelope. Alternatively, inquiries may be e-mailed to the Point of Contact. The subject field of the e-mail must include "INQUIRY” and the IFB name and number.

To be given consideration, the questions must be received NOT LATER THAN Tuesday, May 13, 2024 by 4:00 p.m. EST. Questions that are deemed to be substantive in nature will be answered only in writing, with both the question(s) and answer(s) posted on https://emma.maryland.gov. Unless expressly authorized by the Point of Contact, contact by Entities with any other City Schools employee regarding this solicitation until the Contract is awarded by the Board will be considered by City Schools as an attempt to obtain an unfair advantage and result in non-consideration of the Entity’s Bid.

5.0 POINT OF CONTACT

Stuart Feldman, Buyer Baltimore City Public Schools Office of Procurement 200 E. North Avenue Baltimore, MD 21202 Phone: 443-984-3389 Email: safeldman@bcps.k12.md.us

6.0 CITY SCHOOLS PROJECT MONITOR/CITY SCHOOLS SUPERVISION

For purposes of the Contract awarded pursuant to this IFB, the City Schools Project Monitor is Roland Dale, Director, Logistics and Environmental Compliance.

The Entity’s performance will be under the technical direction of the City Schools Project Monitor, who will be responsible for ensuring the Entity’s compliance with the requirements of the Contract to include managing the daily activities of the Contract, providing technical guidance to the Entity, and overall project scheduling and coordination. The Entity shall https://emma.maryland.gov/ mailto:safeldman@bcps.k12.md.us

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024 and Maintenance Services be accountable to the City Schools Project Monitor on all matters relating to the scope of Work.

7.0 CONTRACT TYPE

The Contract resulting from this solicitation will be a Requirements Contract.

8.0 PAYMENT TERMS

The prices, rates, and other compensation for Services performed is as described in the Agreement. When transportation or freight charges are billed to City Schools, a paid freight bill must accompany the invoice. Invoices received unaccompanied by such evidence will be paid only upon acceptance by City Schools. Cartage, handling, packaging, or boxing charges will not be allowed unless specifically so stated in the purchase order.

The Parties acknowledge and agree that the Entity’s invoices are to be submitted to City Schools in a timely manner, per the terms of a purchase order, after the Services have been provided to City Schools. If invoices are submitted more than one calendar year after the last date the Entity’s Services have been rendered or the last date when Services were accepted by City Schools, then City Schools shall have no obligation to pay for the stale invoices. City Schools shall have no obligation to pay for Services performed before City Schools approves the Agreement or after it terminates, in excess of the monetary amount of the Agreement, or prior to the issuance of a purchase order. The Entity shall comply with additional City Schools guidance regarding invoices, Bids, and quotes, available on the City Schools website (Quote and Invoice Guidance Document ).

The Entity’s invoices shall be approved for payment by the City Schools Project Monitor only after the City Schools Project Monitor is satisfied that the Entity is performing the Services and has prepared the invoice as required by the Agreement. Prior to approving any Entity invoices for payment, City Schools, through any authorized representative, has the right at all reasonable times to inspect, or otherwise evaluate, the Services performed or being performed at the premises on which it is being performed. If any inspection or evaluation is made by City Schools on the premises of the Entity or any of its subcontractors, the Entity shall provide and shall require its subcontractors to provide all reasonable facilities and assistance for the safety and convenience of City Schools representatives in the performance of their duties. All inspections and evaluations shall be performed so that they will not unduly delay the Services.

Within thirty (30) days after receipt of each invoice and accepting the Services, City Schools shall, except as provided in the Agreement, pay for the Services performed when approved by the City Schools Project Monitor. A payment schedule will be jointly developed between City Schools and the Entity. City Schools reserves the right to submit payment using an electronic payment method, such as credit card, Single Use Account, or Automated Clearing House. The Entity shall not assess City Schools with any additional charge, fee, or price for the use of these electronic payment methods.

Regardless of any other provisions of the Agreement, failure of the Entity to submit required reports when due or failure to perform or deliver acceptable Services will result in City Schools withholding or limiting payments under the Agreement until such time as City Schools determines that the Entity has met the performance terms as established by this Agreement, unless such failure arises pursuant to Article 7 (“Force Majeure”) of the City Schools General Articles and without the fault or negligence of the Entity. City https://core-docs.s3.us-east-1.amazonaws.com/documents/asset/uploaded_file/3843/BCPS/3989723/City_Schools_-_Quote_and_Invoice_Guidance_09.15.23_-_Taqiyya_Jacobs.pdf

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024 and Maintenance Services

Schools shall promptly notify the Entity of its intention to withhold or limit payment of any invoice submitted.

If at any time City Schools determines that a cost for which payment has been made is a disallowed cost, such as overpayment, City Schools shall notify the Entity in writing of the disallowance or claim for unallowable costs. City Schools shall also state the means of correction, which may be, but shall not be limited to, adjustment of any future claim submitted by the Entity by the amount of the disallowance, or to require repayment of the disallowed amount by the Entity.

The Entity shall fully comply with any Bid, payment, performance bond and/or other bonding or surety obligations as set forth in this IFB.

9.0 TRAVEL REIMBURSEMENT

Hotel and meal expenses are limited to the U.S. General Services Administration (“GSA”) Per Diem Rate http://www.gsa.gov/Per Diem. In no event will meals totaling more than the GSA Per Diem Rate be reimbursed. A detailed receipt for all meals must be submitted on the Entity’s or other suitable Expense Account Form upon return. The receipt should include the date, name of the restaurant, and an itemized listing of what was purchased. Meals charged to the room must also include a detailed receipt. City Schools will not reimburse an individual for the purchase of alcoholic beverages, which are the sole responsibility of the traveler. The traveler must also include a copy of the conference agenda when applicable. The cost of transportation, including air and ground transportation, should be loaded into the hourly rates for personnel.

10.0 ELECTRONIC PAYMENT

City Schools has the ability to process payments to contractors electronically using the CTX+ (“Corporate Trade Exchange”) payment format. The payment format will contain summarized information and will not provide details concerning each invoice amount included in the check total if the depositing bank does not accept CTX+ format. Entities must contact their bank in order to receive the CTX+ format and the depositing bank may charge a fee for this format. Entities need to discuss potential charges with their bank.

Please complete and submit the Authorization for Entity Payment - ACH form. Forms can be obtained by visiting the City Schools procurement website:

https://www.baltimorecityschools.org/procurement . City Schools will only process ACH forms for awarded Entities.

11.0 IFB REVISIONS

Should it become necessary to revise any part of this IFB, addenda will be posted on https://emma.maryland.gov. All addenda, amendments or changes issued shall be deemed received by the Entity, provided they are posted to eMaryland Marketplace Advantage or the City Schools website. Failure of any Entity to receive or acknowledge receipt of such addenda or interpretation shall not relieve any Entity from any obligations under this IFB as amended by all addenda. All addenda so issued shall become part of the Contract award.

http://www.gsa.gov/portal/content/104877?utm_source=OCM&utm_medium=print-radio&utm_term=HP_01_Requested_perdiem&utm_campaign=shortcuts https://www.baltimorecityschools.org/procurement

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024

12.0 SUBMISSION DEADLINE

Proposals for this solicitation are being accepted solely online through eMaryland Marketplace Advantage https://emma.maryland.gov.

The Bid due date is Thursday, June 6, 2024 by 11:00 a.m. Bids will be opened electronically in eMMA as soon as practicable after the deadline for the receipt of bids in the solicitation. Bid results will not be given by phone.

Bidders’ response shall be submitted as one PDF on-line to eMaryland Marketplace Advantage. Bids will not be accepted by fax, by postal mail, by electronic mail, or by hand delivery.

Hard copy submissions will not be accepted. All Bids must be submitted electronically as a combined pdf document.

13.0 BID OPENING

City Schools shall receive bids electronically in eMaryland Marketplace Advantage until the Bid due date and time indicated on the Bid front cover sheet and Section II.12.

Bids will be opened electronically in eMaryland Marketplace Advantage as soon as practicable and after the deadline in the presence of one or more witnesses and recorded.

The amount of each bid, and such other relevant information as may be specified in the Invitation for Bid, together with the name of each bidder shall be recorded. A copy of the Bid tabulations will be made publicly available once the Procurement Office has completed its review of all submitted bids and upon request. City Schools shall then review all Bids and analyze the results of the bidding process. A final recommendation for a Contract award shall be prepared for review and approval by the Baltimore City Board of School Commissioners (“Board”). Upon acceptance and approval of the Bid by the Board, the Board may in its discretion grant its approval for a Contract award subject to such conditions as it may deem appropriate. In some instances, the awarded Entity may be required to sign a formal Contract (see Appendix B) prior to the Board’s award of a Contract; however, no Contract is binding on City Schools unless and until ALL relevant parties have signed the Contract.

14.0 DURATION OF BID

A Bid submitted in response to this solicitation is binding upon the Entity and is considered irrevocable for a minimum of 180 days following the closing date for receipt of initial Bids or the closing date for receipt of a best and final offer, if applicable.

15.0 MINORITY & WOMEN BUSINESS ENTERPRISE PROGRAM

During the MBE/WBE goal determination process, this solicitation was not assigned M/WBE goals pursuant to City Schools Administrative Regulation DJA-RA, Procurement, pertaining to Minority and Women’s Business Enterprises (MBE/WBE Requirements).

16.0 E-MARYLAND MARKETPLACE ADVANTAGE

eMaryland Marketplace Advantage (https://emma.maryland.gov) is the primary site for

City Schools to transmit solicitations over $100,000.00. This website also serves to publish

IFB-24088 IFB Template Effective Date:

Playground Equipment Repair, Installation, 2/16/2024 and Maintenance Services any addenda, associated materials, Entity/Bidder questions and City Schools’ responses, and other solicitation related information.

Notices of solicitations are also posted on our website www.baltimorecityschools.org in accordance with the Maryland Annotated Code, State Finance and Procurement Article § 13-103 Competitive Sealed Bids, Article § 13-104 Competitive Sealed Bids, and Article § 13-107 Sole Source Procurements.

The eMaryland Marketplace Advantage law became effective on June 1, 2008 and requires units of State government, including those otherwise exempt from State procurement law, and all local government entities, to publish notices of procurement and procurement awards on the State’s e-commerce…