Solicitation Document.pdf

IFB-27017 Elevator Replacement at Francis Scott Key Elementary/Middle School #076

BALTIMORE CITY PUBLIC SCHOOLS

PROCUREMENT DEPARTMENT

Contract No. IFB-27017

INVITATION FOR BIDS

Elevator Replacement at

Francis Scott Key Elementary/Middle School #076 1425 East Fort Avenue Baltimore, MD 21230

Bid Due Date:

Thursday, August 20, 2026, 11:00 A.M. Local Time

NOTE:

The attached forms in the response package shall be executed by responding vendors in sufficient detail to demonstrate that the vendor possesses the required qualifications, capacity, ability, and resources necessary to meet the requirements of this solicitation to the satisfaction of Baltimore City Public Schools (City Schools) and for the proper determination of the low responsible and responsive bidder.

In order to be eligible for consideration, bids must be submitted on eMaryland Marketplace Advantage (eMMA) by 11:00 am local time, Thursday, August 20, 2026. Bids submitted in any way other than via eMaryland Marketplace Advantage (eMMA) will not be accepted.

Bids for this solicitation are being accepted solely via eMaryland Marketplace Advantage (eMMA) online submission through https://emma.maryland.gov. 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.

Bids will not be accepted by email, fax, mail, or by hand delivery.

All Contractors bidding on this solicitation must first be prequalified by the Baltimore City Department of Public Works Contractors Qualification Committee at Room #634, Charles L.

Benton Building, 417 E. Fayette Street, Baltimore, Maryland 21202. For additional information please call 410-396-6883.

Note: Only MBE firms certified by the Baltimore City Minority and Women’s Business

Opportunity Office (MWBOO) can be utilized to meet the MBE requirements for the contract.

For additional information and assistance please contact the M/WBE Manager at

(667) 487-4112 or email to: mwbeoffice@bcps.k12.md.us.

https://emma.maryland.gov/ mailto:mwbeoffice@bcps.k12.md.us

BID INFORMATION SHEET

I. Description of Work: Elevator Replacement at Francis Scott Key Elementary/Middle School #076

II. Location of Work: Francis Scott Key Elementary/Middle School #076

III. Documents Available At: In order to participate interested bidders must visit eMaryland Marketplace Advantage website at https://emma.maryland.gov/ and/or http://www.baltimorecityschools.org/Page/25290

IV. Pre-Bid Conference: Mandatory walk through at the project construction site will be on Tuesday, July 28, 2026, at 10:00 a.m. For information contact:

Project Manager: Ebony Johnson Office Telephone: 410-396-8671 Cell Telephone: 443-794-5773 Email: ejohnson@bcps.k12.md.us

V. Questions Due: August 3, 2026, by 4:00 p.m.

VI.

Baltimore City Public Schools 200 East North Avenue, Room #401 Baltimore, MD, 21202 Thursday, August 20, 2026, by 11:00 a.m. local time

VII. Bid Opening: Baltimore City Public Schools

Thursday, August 20, 2026, 1:00 p.m. via MS Teams Call-in Information:

Dial in by Phone Number: +1 443-961-1488,,984918455# Phone Conference ID: 984 918 455#

VIII. Contact Person: Stuart Feldman, Senior Buyer Email: safeldman@bcps.k12.md.us http://www.baltimorecityschools.org/Page/25290 mailto:ejohnson@bcps.k12.md.us mailto:safeldman@bcps.k12.md.us

Bidding Requirements and Conditions Feb 16, 2017

PROCUREMENT DEPARTMENT

INSTRUCTIONS TO BIDDERS

eMaryland Marketplace Advantage (https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage) is the website where Baltimore City Public Schools publishes solicitations over $25,000 along with any addenda, associated materials, bidder/offeror questions, City Schools responses, and other solicitation related information.

Prospective bidders may purchase complete sets of contract documents at Gardens Reprographics, 419 St Paul Place, Baltimore, MD 21202, attention John Goodwin, 410-539-2763 or by downloading data from eMaryland Marketplace Advantage website at:

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage .

Correspondence between Contractors and City Schools related to this solicitation shall be directed to:

Mr. Stuart Feldman, Senior Buyer Department of Procurement 200 E. North Avenue, Suite #401 Baltimore, MD 21202 Telephone: 443-984-3389 Fax: (410) 545-6977

In order to be eligible for consideration, bids must be submitted via eMaryland Marketplace Advantage (eMMA) online portal by 11:00 am local time, Thursday, August 20, 2026. Bids submitted in any way other than via eMaryland Marketplace Advantage (eMMA) will not be accepted.

Bids for this solicitation are being accepted solely via eMaryland Marketplace Advantage (eMMA) online submission through https://emma.maryland.gov. 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.

Bids will not be accepted by email, fax, mail, or by hand delivery.

Note: Only MBE firms certified by the City of Baltimore Minority and Women’s Business Opportunity Office (MWBOO) can be utilized to meet the MBE requirements for the contract.

For additional information and assistance please contact the M/WBE Manager at (667) 487- 4112 or email to: MWBEOffice@bcps.k12.md.us.

https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage https://emma.maryland.gov/page.aspx/en/usr/login?ReturnUrl=%2fpage.aspx%2fen%2fbuy%2fhomepage mailto:pjgraff@bcps.k12.md.us mailto:MWBEOffice@bcps.k12.md.us

These Terms and Conditions shall apply unless otherwise stated in the Special Terms and Conditions attached to the individual solicitation.

1. INVITATION TO BID:

A. Baltimore City Public Schools invites all interested and qualified Contractors to submit sealed bids for the procurement of goods and services in accordance with the directions specified in these Instructions to Bidders.

B. DEFINITIONS: For the purpose and clarity of this document only, "City Schools" will mean Baltimore City Public Schools and/or the Baltimore City Board of School Commissioners. "Board" shall mean the Baltimore City Board of School Commissioners, and “Bidder" shall mean any reliable and interested party, Contractor, and/or manufacturer that submits a bid for this solicitation. “Awardee” is defined as the recipient of the contract awarded from this solicitation.

2. LIMITATIONS:

This Invitation for Bid (IFB) does not commit City Schools to award a contract or pay for costs incurred in the preparation of a response to this solicitation or procure or contract for services in connection herewith. City Schools reserves the right to accept or reject any or all responses received as a result of this request, or to cancel this solicitation in part or in its entirety.

3. PRE-BID SITE WALKTHROUGH:

There will be a mandatory pre-bid meeting/site walkthrough on Tuesday, July 28, 2026, at 10:00 a.m.

A. Contractors will be given a walkthrough time based on the order on the sign-in sheet.

B. Each walkthrough will last approximately 45 minutes.

C. Only two representatives from each company will be permitted to walk the building.

4. SUBMISSION INSTRUCTIONS:

Bidders shall submit responses in the order and form listed below to expedite accurate evaluation by City Schools. Proposals that do not conform to these instructions may be rejected.

Bids for this solicitation are being accepted solely via eMaryland Marketplace Advantage (eMMA) website. The bid due date is August 20, 2026, by 11:00 am local time.

Bids will not be accepted by fax, by email, mail, or by hand delivery.

Bidders who may have submitted a hard copy bid/proposal prior to this addendum must submit a timely bid/proposal via eMMA.

Be advised:

• Bid results will not be given by phone.

• A bid tabulation will be sent via email to all vendors submitting bids. Bids will not be publicly opened.

BID SUBMISSION REQUIREMENTS

1.0 ELECTRONIC BID/PROPOSAL SUBMISSION – TWO - PART SUBMISSION

A. Bids/proposals shall be submitted electronically via the eMaryland Marketplace Advantage (eMMA) website. Bid/proposal responses shall be submitted in PDF format.

Bids/Proposals will not be accepted by email, by fax, by mail or by hand delivery.

B. Bidders/Offerors shall submit the following as separate documents:

1. Volume I (Attachment 1) – Bid Submission/Technical Proposal

2. Volume II (Attachment 2) – Minority Business Enterprise and Women’s Business

Enterprise (MBE/WBE) Commitment Utilization

C. The solicitation number should be included.

Bidders’ response shall be submitted in PDF format.

Bids Shall Include:

• Bid Proposal Form

• Non-Collusion Affidavit

• Anti-Bribery Affidavit

• Debarment Affidavit

• Prequalification Certification Affidavit

• Bid Bond

• Certification of Work Capacity and a copy of the Certificate of Pre-Qualification by the

Baltimore City Contractor Pre-Qualification Committee

• Copy of the State of Maryland Contractor’s License

• Copy of the State of Maryland Certificate of Good Standing or other filing verifying the bidder is in good standing with the Department of Assessments and Taxation of Maryland

• Copies of your firm’s Lead-Based Paint Certification, Renovator Certification and worker training records

• W-9 Form

• Insurance Certificate

• Baltimore City’s YouthWorks Program forms

5. CONTRACT DOCUMENTS:

All respondents to this solicitation agree to comply with the AIA Standard Form of Agreement and General Conditions as modified by City Schools, as well as all terms and conditions contained herein, addenda, clarifications, specifications, drawings, other documentation, and requirements of this solicitation. These documents shall form the agreement between City Schools and the successful respondent.

All work performed under this contract and resulting from this solicitation, shall be in accordance with the documents listed herein, any addenda, and other components of the contract documents.

The contract resulting from this solicitation is the AIA Agreement that addresses the full spectrum of construction projects. After receipt of a Notice of Intent to Award letter from City Schools, the apparent responsive and responsible low bidder must return the following within ten (10) business days:

A. Two (2) original Standard Forms of Agreement between City Schools and the Contractor fully executed, signed, and witnessed.

B. Payment and Performance Bonds in the total amount of award stated in the letter (Payment & Performance Bonds shall be provided as Contractor’s overhead expenses without any additional cost to Baltimore City Public Schools). The cost to purchase Payment and Performance Bonds will not be reimbursed by City Schools.

If fully executed contract agreements and bonds are not received within 10 days or changes are made to the agreements your bid response will be evaluated as non-responsive, rejected, and City Schools may go against your bid check.

To avoid delays, any respondent who is not prepared to execute the AIA Agreement as reflected in the attached solicitation or not qualified to obtain performance and payment bonds, should not submit a bid response to this solicitation.

By submitting a bid, the respondent acknowledges that if awarded this contract they will accept all provisions contained within this solicitation without exception.

SPECIAL TERMS & CONDITIONS

1. SUMMARY OF WORK AND SPECIAL PROJECT FEATURES:

IFB-27017 Elevator Replacement at Francis Scott Kery Elementary/Middle School #076 for Baltimore City Public Schools. A full project description is shown in the Specifications and Drawings.

2. TERM OF CONTRACT:

A. All work under this contract shall be completed within twelve (12) months or 365 days from the issuance of the Notice to Proceed letter. If however, as a result of any act or omission by Baltimore City Public Schools and not by any fault of the respondent, or in the event that City Schools agrees that as a result of force majeure (strikes, acts of God, etc.)

certain days are not chargeable as contract work days, the allotted time for work completion shall be increased by the number of days that City Schools determines work progress had been delayed or suspended. No compensation will be awarded for contract duration extensions. All prospective bidders may question the amount of completion time allowed and secure adjustments if circumstances warrant, before bids are submitted.

B. Termination for Convenience: The Baltimore City Board of School Commissioners reserves the right to terminate this contract for convenience upon thirty (30) days written notice to the Contractor. Baltimore City Public Schools may terminate this contract in whole or in part, whenever it determines that such termination is in its best interest, without showing cause, upon giving written notice to the Contractor. City Schools shall pay all reasonable costs incurred by the Contractor up to the day of termination and in no event shall the amount exceed the bid price.

3. DEFINITIONS:

By definition, the Project Manager is a City Schools employee, designated in writing by name to the Contractor. When the term "Project Manager" is used, it parenthetically includes their duly authorized representatives. A duly authorized representative is one or more persons, designated in writing by the Project Manager to the Contractor, to act on their behalf.

The Contractor shall report to and coordinate all project related matters with the City Schools Project Manager: Ebony Johnson Email: ejohnson@bcps.k12.md.us Phone: 410-396-8671 Cell: 443-794-5773

4. CONTRACTOR’S RESPONSIBILITIES:

A. The Contractor shall provide labor, materials, equipment, tools, construction machinery, transportation, and all services necessary for the proper execution and completion of this project as described in the contract documents and shall complete the project within the stipulated contract period.

B. The contract resulting from this solicitation shall include projects designed by City Schools. The Contractor must demonstrate the capacity to perform the work indicated in the contract documents.

C. Work under this contract should interfere with the operation of City Schools as little as possible. Buildings will remain occupied during construction; therefore, all work must be coordinated with school authorities to eliminate any interruption to activities, including building heating and ventilation. Work during normal school activities shall be performed during non-school hours, including evenings and weekends. Noise, dust, and safety barriers in the form of temporary walls will be required to complete this work and should be included in the scope of Contractor’s work.

D. City Schools does not anticipate the addition of any alternative work items which may be listed in the contract specifications and/or drawings. Any additional and/or alternative work required during the life of the project will be performed at the sole discretion of City Schools via change order. If requested by the City Schools Project Manager, the Contractor shall submit a cost proposal for the additional/alternative work which will need written approval prior to the issuance of a change order.

E. All work under this solicitation shall be performed during the following working hours:

• Summer (Last day of school in June to August 15); Normal Working Hours: 7:30 am to 4:00 pm, Monday through Friday

• School Year (August 15 to the last day of school); 4:00 pm to 12:00 am, Monday through Friday. A portion of these hours may require the Contractor to reimburse City Schools for custodial coverage.

• No work that is audible and/or visible to community members within 300 feet of the school will be permitted between the hours of 7:00 pm and 7:00 am (including weekends) per City Code.

• Subject to the prior approval of the City Schools Project Manager, the Contractor may elect to perform work during other hours, weekends, or legal holidays, however, City Schools will not be responsible for any additional cost in excess of the bid price(s).

F. The Contractor shall be required to post State of Maryland construction signs per the sample included in the solicitation at no additional cost to City Schools.

G. The successful Contractor shall use the MD State Prevailing Wage requirements.

H. Removal and relocation of City Schools furniture, equipment, and other materials from a project site shall be completed by the Contractor and coordinated with the City Schools Project Manager. Upon completion of work, the Contractor will also be responsible for returning any furniture, equipment, or other materials back to the renovated area(s) or other areas within the facility as directed by the City Schools Project Manager.

I. All salvaged items shall be stored onsite in a location designated by the City Schools Project Manager, or their designated representative. The intent is to identify the best components of existing materials for reuse, and non-suitable material will be disposed of upon review the City Schools Project Manager.

J. If roof penetrations are required, they shall be coordinated with the City Schools’ Project

Manager. The Contractor shall not do any roof penetrations without prior written permission of the City Schools Project Manager.

K. The Contractor shall obtain approval from the City Schools Information Technology (IT) Department to proceed with any work for all methods, materials, and supplies in school buildings related to information technology systems and telecommunications equipment installations, modification and replacement. The Contractor shall first contact the City Schools Project Manager who will provide contact information for the appropriate person(s) in IT. Work shall be governed by the 2010 City Schools Technology Infrastructure Standards. Copies of all documentation and correspondence regarding IT work shall be provided to the Project Manager for approval prior to beginning work. The Contractor shall be responsible for a complete and fully functional system, including all necessary switches, patch panels, or other components, whether included in the specification or not, at no additional cost to BCPS.

L. All IT drops/power locations shall be recessed inside gypsum board walls where no computer workstation or lookup station casework will cover surface mounted raceways (vertical raceways are not to be installed at existing or new gypsum wall areas in any main media center and shall also be recessed at gypsum board walls). Projector IT wiring/power shall be recessed at ceiling locations. Surface mounted raceways are acceptable at CMU walls or locations were concealed underneath permanent workstation casework only. A reasonable shifting in location of outlets and/or surface raceways shall be provided by the Contractor to meet field conditions, at no additional cost to City Schools. The Contractor will reuse and relocate existing patch panels, switches, existing CAT5 cables, etc. to accommodate new work, as required.

M. Contractors shall include the cost for any remediation and abatement oversight, monitoring, onsite PCM analysis, PCM or Transmission Electron Microscopy (TEM) lab test and analysis, final air sampling, and laboratory analysis of any asbestos and/or lead, if required, in their base bid, per the asbestos and lead reports provided in the solicitation, including all addenda. The abatement contractor is not permitted to directly hire the Industrial Hygienist. Unless stated otherwise, all projects are assumed to require some level of abatement or remediation.

5. LEAD BASED PAINT ACTIVITIES AND RENOVATIONS:

On April 22, 2010, the United States Environmental Protection Agency’s (EPA) “Renovate Right” legislation (40 CFR 745, Subpart E) went into effect. The purpose of this legislation is to protect building occupants, particularly children under the age of six, against lead exposure risk that occurs during common renovation activities that disturb lead-based paint.

This rule affects renovation and remodeling contractors, maintenance workers, painters, and other specialty trades performing work in areas considered to be “child-occupied facilities” under the statute.

Child occupied facility means a building, or portion of a building, constructed prior to 1978, visited regularly by the same child, under 6 years of age, on at least two different days within any week (Sunday through Saturday period), provided that each day’s visit lasts at least 3 hours, the combined weekly visits last at least 6 hours, and the combined annual visits last at least 60 hours.

Child-occupied facilities may include, but are not limited to, day care centers, preschools, and kindergarten classrooms. Child-occupied facility encompass only those common areas that are routinely used by children under age 6, such as restrooms and cafeterias. Common areas that children under age 6 only pass through, such as hallways, stairways, and garages are not included.

Additionally, with exteriors of public or commercial buildings that contain child-occupied facilities, the child-occupied facility would include the exterior sides of the building that are immediately adjacent to the child-occupied facility or the common areas routinely used by children under age 6.

Rule requirements include, but are not limited to the following:

• Renovation firms must apply to and be certified by, the EPA to perform renovations.

• A certified renovator (a person who has successfully completed training through an EPA accredited course) must be assigned to each renovation and must carry out other duties.

• Workers performing renovations must either be certified renovators or have been trained in the use of lead-safe work practices by a certified renovator.

City Schools contractors should be advised that if your firm has not met the statutory requirements of the EPA’s “Renovate Right” rule for compliance with this legislation, your bid will be evaluated and rejected as nonresponsive.

To verify compliance with the “Renovate Right” rule, respondents shall include copies of your firm’s certification, renovator certification, and worker training records with your bid response.

Additional information related to the “Renovate Right” legislation can be found at www.epa.gov/getleadsafe. For questions and/or concerns related to this requirement please contact:

Manager, Environmental Compliance Department of Health & Safety, Room 407A Baltimore City Public Schools 200 E. North Avenue Baltimore, MD 21202 Office 443-984-3617 Fax 410-659-6937 http://www.epa.gov/getleadsafe

6. ORDER OF PRECEDENCE:

Any conflicts shall be governed by the following order of precedence:

A. Special Terms & Conditions B. AIA Contract Agreement C. Addendum(s) D. Drawings E. Specifications F. City Schools’ Bidding Requirements and Conditions G. AIA General Conditions H. Other Documents Included in Solicitation I. Attachments

7. AUTHORITY OF BUILDING SUPERINTENDENT:

A. The Building Superintendent/School Principal is responsible for the public health, safety, and welfare of building occupants and exercises sole authority over City Schools staff and students and may control the conduct of the Contractor’s employees by request to the City Schools Project Manager.

B. The Building Superintendent/School Principal has the authority to modify or stop work of the Contractor's employees that may interfere with school programs and/or building operations. Such orders will be relayed through the City Schools Project Manager except in the case of an emergency.

8. BACKGROUND:

Baltimore City Public 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 190 facilities over a ten-mile radius which includes elementary, middle, and high schools, special education centers, alternative schools, and administrative offices.

Central Administration for City Schools is located at 200 East North Avenue, Baltimore, Maryland 21202.

The buildings are owned by Baltimore City Government and operated by Baltimore City Public Schools.

Baltimore City Government has the right to approve and inspect the improvements to be made to the buildings.

9. CONTRACTOR’S QUALIFICATIONS:

A. The Contractor shall submit detailed information to demonstrate that they possess the qualifications, ability, capacity, facilities, and resources to accomplish the work described in this solicitation.

B. Information shall be considered confidential other than any steps needed to verify its accuracy. However, City Schools will not assume any responsibility for accidental disclosure of information submitted by the Bidder. The ability of the Contractor to perform the required work will be decided by the Baltimore City Schools Chief Operating Officer and the Director of the Department of Procurement subject to the approval of the Board of School Commissioners. The Board of School Commissioners’ decision shall be final.

C. The successful bidder shall be a General Contractor licensed in the State of Maryland in good standing with the Maryland Department of Assessments and Taxation. Bidders shall submit a State of Maryland Certificate of Good Standing or other filing verifying the bidder is in good standing with the Maryland Department of Assessments and Taxation. Certificates of Status may be obtained online at http://www.dat.state.md.us. Additionally, Contractors are required to possess all necessary licenses, insurances, and bonding for the work specified in this solicitation. The Contractor’s ability to perform the required work will be decided by City Schools.

D. Proposals will only be considered from respondents that have been actively engaged in work of similar size and type for a continuous period not less than the preceding five (5) years, under the same management in effect at the time of bid submission.

E. The Contractor’s Qualifications Verification Response shall be included as a part of the solicitation response. Failure to include the Contractor’s Qualifications Verification Response could cause your bid to be evaluated as non-responsive.

F. The successful Bidder is required to have all of the necessary pre-qualifications by the Baltimore City Contractors Prequalification Committee for the required scope of work and dollar capacity of this project.

G. The awarded Bidder must self-perform the majority (>51%) of the work for the following trades: HVAC, fire alarms, sprinkler systems, elevators, roof replacement, and window and door projects as shown on the contract drawings with their own employees. This percentage of work may not be subcontracted. If City Schools determines this percentage will not be met at any point during this project, it could be grounds for immediate contract termination.

10. KNOWLEDGE OF TERMS AND CONDITIONS:

Bidders, or their authorized representatives, are expected to familiarize themselves with work site conditions, requirements, drawings, and specifications before submitting bids. Failure to do so will be at the Bidder's own risk. Bidders cannot secure relief on the plea of error. Neither law nor regulations make allowances for errors of omission or commission on the part of Bidders.

http://www.dat.state.md.us/

11. PARTNERSHIPS:

Bids by partnerships must be signed with the partnership name by one of the members of the partnership or by an authorized representative, followed by the signature and designation of the person signing, who shall also state the names of the individuals composing the partnership.

12. CORPORATIONS:

Bids by corporations must be signed with the name of the corporation, followed by the signature and designation of the officer having authority to sign. When requested, satisfactory evidence of authority of the officer signing on behalf of the corporation shall be furnished.

Anyone signing the bid as agent shall file satisfactory evidence of authorization to do so.

13. CERTIFICATES AND AFFIDAVITS:

Respondents are required to complete all the certificates and/or affidavits included in this solicitation. These documents are required by local, state, or federal funding agencies of City Schools as part of the bidding process. These documents may include Anti-Bribery Affidavit, Debarment Certificate, Minority Business Enterprise affidavit, Small Business Enterprise affidavit, and when applicable, and Asbestos Free Certification.

14. ADDENDA:

A. INQUIRIES:

i. No oral interpretation of the meaning of any contract documents will be made. To be given consideration, inquiries must be received in writing at least seven (7) days prior to the date of the bid opening.

B. INTERPRETATION OF DOCUMENTS:

i. During the proposal period, Bidders are to notify City Schools in writing seven (7) days prior to the proposal due date of any issue that could affect the bidding or fulfillment of this contract, including any discrepancies or omissions in the drawings and specifications. If no notification is made, it should be understood that these contract documents are clear as to their intent and shall be interpreted by City Schools as their true intent. The Bidder agrees to abide by the decision of the Director of Procurement on such matters.

ii. In observation of i. above, Bidders shall comply with the true intent of these specifications and not take advantage of any unintentional error or omission and report all errors and omissions once discovered. Bidders should fully complete every part of this solicitation to the true intent and meaning of the contract documents as decided by Baltimore City Public Schools Management. See “Order of Precedence” in regard to any conflicting information between documents.

C. ISSUANCE:

i. Any changes to bid documents will be made through via addendum. Failure of any Bidder to receive such addenda or interpretation shall not relieve them from any obligations under this solicitation as amended by addendum. All addenda issued shall become part of the contract.

D. SYSTEM TOTALITY:

i. It is the responsibility of the Contractor to confirm the solicitation document’s ability to fully meet the intent of the Scope of Work. Questions or issues discovered during the bid process shall be brought to the attention of the City Schools Project Manager.

E. ACCEPTANCE:

i. By submitting a proposal, responding firms acknowledge that if awarded this contract they will accept all of the provisions listed in this solicitation without exception.

15. BID BOND:

Bid Guarantee Deposit (bid proposals when filed, shall be irrevocable). All bids/proposals (unless otherwise noted) shall be accompanied by one of the following:

A. Bid check in amount equal to 2% of the total lump sum bid price, or

B. One-time bid bond equal to the total lump sum of the bid

C. Annual Bid Bond or Continuous Bid Bond which must be on file at the time of bid receipt

D. Bid checks in the amount of $5,000 or less shall be a check of any type drawn upon any solvent clearing house bank of the United States, a registered check or U. S. Postal Money Order

E. Bid check of more than $5,000 shall be made by a certified check, bank cashier’s check or bank treasurer’s check

F. All bid guarantees (unless otherwise noted) shall be made payable to Baltimore City Board of School Commissioners

Payment and/or Performance Bond requirements shall be promptly and properly executed. The requirements of prompt execution will be considered as fulfilled if accomplished within ten (10) working days after award. If the required contract documentation is not executed within the stipulated time, bid checks and/or a bid bond shall be forfeited to City Schools as liquidated damages, as required by Article VI, Section II of the City Charter, for failure to comply with this requirement. Upon execution of the contract agreement, payment, and/or performance bond, City Schools shall refund the amount deposited or release the amount charged against the bond as bid guarantee to the successful Bidder.

Bid guarantees posted by unsuccessful bidders shall be refunded or released by City Schools promptly after an award is made.

16. BID EVALUATION AND AWARD:

A. Contracts shall be awarded to the lowest responsive and responsible bidder, upon review and confirmation of required qualifications indicated in the Instructions to Bidders.

Consideration will be given to the competency and responsibility of the Bidder, and the ability of the Bidder to perform satisfactorily. City Schools will consider the Bidder's record and performance of any prior contracts with City Schools, federal departments or agencies, or with other public bodies.

B. The award will be subject to final review and approval by the Baltimore City Board of School Commissioners.

C. Promptly after award by the Board of School Commissioners, the successful Contractor will receive an "Award Notification" letter from City Schools requesting all required paperwork.

The awarded Contractor must submit the fully executed contract, performance, and payment guarantee bonds to the buyer within ten (10) working days after receipt of the request from City Schools. If all the required documents are not fully completed and received within the time specified in the solicitation, award will be made to the next low responsive and responsible bidder and any difference in cost will be charged against the first low bidder’s bid bond.

Special Terms and Conditions

1. COMMENCEMENT OF SERVICES:

The City Schools Board of School Commissioners shall have no obligation to pay for services performed before the Board approves the contract and purchase order and notice to proceed have been issued. City Schools shall have no obligation to pay for services in excess of the amount of the award. The Contractor shall not be authorized to proceed with any work until a purchase order is issued by City Schools and received by the Contractor.

2. ANNULMENTS AND RESERVATIONS:

A. RIGHT TO REJECT: The Board reserves the right to reject any or all bids and re-advertise for other bids. The Board reserves the right to approve or disapprove the issuance of a purchase order and/or contract for the work described in this solicitation.

B. WAIVER OF TECHNICAL DEFECTS: The Board reserves the right to waive technical defects, if in its judgment is in the best interest of City Schools.

3. AUTHORITY TO DEBAR OR SUSPEND:

The Director of the City Schools Department of Procurement shall have the authority to debar a person or company for cause from consideration for award of contracts in accordance with the provisions of the City Schools Procurement Policies and Procedures available on the City Schools web site www.bcps.k12.md.us.

4. TERMINATION OF CONTRACT:

A. TERMINATION FOR NON-APPROPRIATION OF FUNDS: City Schools may terminate this contract, in whole or in part, due to insufficient funding or non-appropriation of funds with written notice to the Contractor. City Schools shall pay for all purchases up to the date of the termination notice.

B. TERMINATION FOR DEFAULT: If a Contractor has not performed or has unsatisfactorily performed, payment shall be withheld at the discretion of City Schools.

Failure of a Contractor to fulfill their obligations shall be considered just cause for termination of the contract, and the Contractor will not be entitled to any costs incurred up to the date of termination. In the event of default by the Contractor, this contract may be terminated. See also Special Conditions for Construction Contracts.

C. TERMINATION FOR CONVENIENCE: City Schools has the right to withdraw from the terms of the contract, without liability or showing cause, by providing ten (10) calendar days written notice to the Contractor. The Contractor shall be compensated for services rendered prior to the date of termination.

http://www.bcps.k12.md.us/

5. GOVERNING LAW:

The bid shall be construed in accordance with and interpreted under any applicable laws, rules, regulations and ordinances of the City of Baltimore (local), State of Maryland, and Federal. Any lawsuits arising from this bid shall be filed in the Circuit Court of Baltimore City, Maryland.

During the term of the contract resulting from this solicitation, the awarded Contractor(s) shall pay its employees a State of Maryland, Federal (Davis-Bacon Act) prevailing wage, if applicable, and Living Wage in accordance with all applicable City, State or Federal Living Wage legislation and regulations. The awarded amount of the contract resulting from this bid cannot be increased for the Contractor’s failure to factor into its proposal any future increases in the Living Wage rates in effect at the time of this bid.

6. CONTRACT TERMS AND CONDITIONS:

City Schools reserves the right to short pay any line-item invoice that does not agree with the line item price shown on the purchase order. All invoices are to be submitted using the AIA Form showing the purchase order number, project name and school, and the name and address of the Contractor and shall be mailed or delivered to the named Project Manager, Baltimore City Public Schools, Office of Facilities Design and Construction, Room 407A, 200 E. North Avenue, Baltimore, Maryland 21202 (unless otherwise noted).

A. INCORRECT INVOICES:

Invoices will be returned for correction unless they contain the following information: Item numbers, description of item, quantity, unit prices with extensions, and total. Each invoice shall reflect the City Schools purchase order number, and all the items on the invoice shall be listed in the same sequence as listed on the purchase order.

B. PARTIAL PAYMENTS:

Payment in full will only be made upon final acceptance of items as shown on the purchase order. Partial payments may be paid monthly in an amount proportional of progress to date.

C. LATE SUBMISSION OF INVOICES:

The Contractor’s invoices are to be submitted in a timely manner, per the terms of the purchase order, after the services and/or the goods and materials have been provided. If invoices are submitted one calendar year after the Contractor’s services have been provided, or the last date when goods and materials were accepted by the Board, City Schools shall have no obligation to pay these invoices.

D. CONFIDENTIALITY:

The Contractor acknowledges and agrees to hold all confidential information in the strictest confidence as a fiduciary and will not make any press release or public announcement, or voluntarily sell, transfer, publish, disclose, display, or otherwise make available to any third persons such confidential information or any portion thereof without the express written consent of City Schools. The Contractor and its employees, agents, volunteers, and subcontractors shall maintain the confidentiality of all medical, psychological, and student records in compliance with federal and state laws. Additionally, the Contractor shall receive written consent from the parent or guardian of each student for the mutual disclosure of such records by and among the Contractor, City Schools and City Schools’ employees, agents, volunteers and contractors.

E. INDEMNIFICATION:

The Contractor shall indemnify, defend, and hold harmless the Mayor and City Council of Baltimore (City) and the Baltimore City Public Schools Board of School Commissioners and their respective elected/appointed officials, employees, departments, agencies, agents and volunteers from any and all claims, demands, suits, and actions, including attorneys’ fees, litigation expenses and court costs, connected therewith, brought against the City, the Board and their respective elected/appointed officials, employees, departments, agencies, agents, and volunteers, arising as a result of any direct or indirect, willful, or negligent act or omission of the Consultant or its employees, agents, or volunteers.

F. INSURANCE:

See AIA Document A201 for this information. The selected Contractor shall indemnify and hold harmless the Owner, City Schools, and Mayor and City Council of Baltimore City, and shall be added on any insurance policies and bonding.

G. NON-ASSIGNABILITY:

This contract shall not be assigned, or services subcontracted in whole or in part without the written consent of City Schools. Any attempt to do so without such written consent shall be null and void and of no effect.

H. INDEPENDENT CONTRACTORS:

The Contractor is furnishing its goods and/or services as an independent contractor, and nothing herein shall create any association, partnership or joint venture between the parties or an employer-employee relationship.

I. GENERAL RECORDS CLAUSE:

The Contractor’s contracts, files, accounts, records, and other documents related to this contract shall be open to examination and/or audit by City Schools and/or its designated agents and made available at any time upon reasonable prior notice, during the performance of this contract for a period of five (5) years after final payment or longer as required by law, rule, or regulations.

J. SOLE AGREEMENT:

This contract constitutes the sole agreement between the parties and no amendment, modification or waiver of any of the terms and conditions shall be valid unless in writing and executed by both parties. Any prior verbal agreements or bids shall not be considered a part of this contract.

K. PROTECTION OF PROPERTY:

The Contractor will use reasonable care to avoid damaging existing buildings, equipment, and property at jobsites as well as all materials furnished by City Schools. If damage has been caused, the Contractor must replace or repair it at no charge or expense to City Schools as directed by the Contracting Officer. If the Contractor fails or refuses to make such repair or replacement, the Contractor will be liable for the cost, which may be deducted from future payments.

L. PUBLIC STATEMENTS:

The Contractor shall not use or reference the name or emblem of Baltimore City Public Schools in issuing any press releases or making public statement with respect to this contract (unless it is required by applicable law, regulation, or the requirements of any listing agreement with any stock exchange), without prior written consent of City Schools, whose consent will not be unreasonably withheld. Purchase by City Schools of any articles, material, merchandise, or service does not imply adoption or endorsement of the product or service, and the use by any manufacturer, Contractor, merchant or other person of the name or emblem of City Schools in any advertisement is not authorized. The unauthorized use of the name or emblem of City Schools is prohibited by the United States Criminal Code - Section 706.

M. INSPECTIONS:

City Schools reserves the right to have inspectors on the manufacturer’s premises during the manufacturing process of any products being furnished under this contract for as long as may be considered necessary. All expenses of the inspectors shall be paid by City Schools. The presence of the inspectors shall not relieve the awarded Bidder of responsibility for faulty workmanship of materials that may be discovered at any time after delivery and prior to final acceptance in accordance with these specifications. Access to the manufacturing facility shall be provided for the City Schools representative shall be provided when requested.

N. USE OF BRAND NAMES:

Brand name and model numbers are offered as a reference for Bidders as to the style, size, weight, and other characteristics of the item(s) in the specifications. The use of brand names should not be interpreted to be the exclusive brand desired unless so stated.

Acceptability and/or criteria for acceptability of an alternate will be at the sole discretion of City Schools. Additionally, Contractors should use products and materials made in USA whenever possible.

O. PRODUCT OFFERED BY THE BIDDER:

All products offered by the Bidder shall be new and unused, and the latest version. Should a specified product be discontinued and/or upgraded during the course of the contract, the Bidder shall offer a new alternate product that meets and/or exceeds the established specifications, under the same terms, conditions, and prices as the item originally offered.

Contractor(s) shall utilize products and materials made in the USA whenever possible. This requirement shall apply to construction projects that are large enough to fall under the requirements of the Buy American Steel Act, Sections 17-301 to 17-306 of the Finance and Procurement Article of the Annotated Code of Maryland. For additional information please visit:

http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gsf&section=17- 301&ext=html&session=2020RS .

P. COMPLIANCE WITH SPECIFICATIONS:

The awarded Bidder shall abide by and comply with the true intent of these specifications and not take advantage of any unintentional error or omission but shall fully complete every part as the true intent and meaning of the contract documents. The successful bidder, after award and before manufacture and/or shipment, may be required to provide detailed descriptive data to enable City Schools to judge the bidder's compliance with the specifications and utilization made in USA products and materials.

Q. PROPOSALS FOR DEVIATIONS TO SPECIFICATIONS:

Any deviation from the specifications must be noted in detail by the Bidder, in writing, seven (7) working days prior to the bid response date. This information will be evaluated by City Schools and shared with the entire list of possible bidders. The absence of a written list of specification deviations attached to the bid response will hold the Bidder strictly accountable to City Schools to the specifications as written. Any deviation from the specifications, without prior documented approval, will be grounds for rejection of the bid.

R. SUBCONTRACTORS:

The awarded Contractor shall give its constant personal attention to the faithful execution of this contract, keep the same under its own control, and not assign work, or any part thereof, without the previous written consent of City Schools. Bidders shall provide the names of all proposed subcontractor(s) they intend employing, the portion of the materials/labor to be furnished by each, their place of business, and any other information as requested in the bid submission instructions. This information may be used in considering the potential performance capabilities of the subcontractor(s).

S. SAFETY REQUIREMENTS:

The awarded Contractor shall insure that any equipment and machinery furnished and http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gsf&section=17-301&ext=html&session=2020RS http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gsf&section=17-301&ext=html&session=2020RS delivered to City Schools complies with all safety regulations as required by the Occupational Safety and Health Administration (OSHA) and the Maryland State Safety Health Act known as MOSHA. The Contractor shall sign the safety section, if attached in the bid proposal, certifying the regulations for the type of equipment furnished shall meet all regulations applying to this type equipment meeting the CFR-1910 MOSHA Standard.

The Contractor shall submit Material Safety Data Sheets (MSDS) for all items awarded to that Contractor provided under the terms of this proposal in accordance with OSHA Communication Standard 29 CFR 1910.101, 29 CFR 1910.1200 and 29 CFR 1926.58 or any other applicable state, federal, or local regulation. Prior to delivery of the items awarded, the Contractor must submit MSDS sheets to: Baltimore City Public Schools Director of Facilities, 200 E. North Avenue, Room 407A, Baltimore, Maryland 21202.

7. GUARANTEE AND WARRANTEES:

A. GENERAL: Payment shall be based upon acceptance of goods or services by City Schools. The Contractor expressly warrants that: (a) The merchandise to be furnished and services performed will be free from defects in material and workmanship and will be in full conformity with these specifications, drawings, representation, or sample; that this warranty shall survive acceptance and payment of the merchandise; and that the Contractor will bear the cost of inspection of all goods and services rejected. (b) The Contractor hereby provides a warranty of authorization as to all goods and services. (c) The goods or services furnished must be or have been mined, manufactured, or produced in full compliance with at least the minimum conditions required under the Fair Labor Standards Act of 1938, as amended, and all other applicable local state and federal laws, rules, and regulations to include Department of Transportation (DOT), Food and Drug Administration (FDA) regulations, and the Equal Opportunity Clause contained in Executive Order 11246, as amended. If applicable to the goods or services purchased herein, the Contractor must also be in full compliance with the Workplace Hazardous Materials Information System (WHMIS) legislation and maintain a written Hazard Communication Plan.

B. The awarded Contractor, its employees, agents, volunteers, and contractors who may have contact with students must comply with Title 5, Subtitle 5, Part VI, of the Family Law Article of the Maryland Code. All costs shall be borne by the Contractor.

C. GUARANTEE PERIOD: The Contractor shall unconditionally guarantee all services, materials, and workmanship of all furniture, goods, and equipment furnished for a period of two (2) years from the date of acceptance, i.e., delivery and installation, unless a longer period of warranty is specified.

D. FURNITURE AND EQUIPMENT: If any defects or signs of deterioration are noted within the guarantee period, which in the opinion of City Schools are due to faulty design, installation, workmanship or materials, the Contractor shall repair or adjust the equipment or parts to correct the condition, or it shall replace the part or entire unit to the complete satisfaction of City Schools once notified at their expense. These repairs and/or replacements shall be made at times designated by City Schools.

E. EQUIPMENT: The Contractor agrees to provide onsite service of equipment within eight

(8) hours of notification by school system personnel.