FREDERICK COUNTY PUBLIC SCHOOLS

HAYWARD COMPLEX

PURCHASING DEPARTMENT

33 THOMAS JOHNSON DRIVE

FREDERICK, MARYLAND 21702

A. GENERAL CONDITIONS AND INSTRUCTIONS FOR PROFESSIONAL SERVICES

1. PRE-BID MEETING

If warranted, a Pre-Bid Meeting will be held at the date and time indicated on the cover page of this solicitation package. Unless noted otherwise, the meeting will be held in the Conference Room of the Purchasing Department, located at 33 Thomas Johnson Drive, Frederick, Maryland 21702.

Attendance at the Pre-Bid Meeting is not mandatory in order for your bid to be considered for an award, yet all vendors are strongly encouraged to attend.

The agenda for the Pre-Bid Meeting will include the following: introduction of staff; description of scope of work; time line/scheduling; budget priorities/concerns; and procurement responsibilities.

Due to possible changes and/or additions to the specifications, bid proposals should not be mailed until after the pre-bid meeting. All changes will be processed through addenda to this solicitation package.

2. TIME FOR RECEIVING BIDS

Bids received prior to the time of opening will be securely kept unopened. The representative of the Superintendent, whose duty it is to open bids, will decide when the specified time has arrived. No bid received thereafter will be considered. The Superintendent or his/her representative will not be responsible for the premature opening of bids received, not properly addressed or identified. Any bid may be withdrawn before the scheduled time for opening bids. After a bid has been opened, it may not be withdrawn.

Unless specifically authorized, facsimile bids will not be considered. Modifications by facsimile of bids already submitted will be considered if received prior to the time set for opening. No bids will be accepted via telephone.

Proposals received after the designated date and/or time will not be accepted, regardless of when they were mailed or given to a delivery carrier.

In the event of inclement weather on the date when bids are scheduled to be opened and the Frederick County Public Schools Administrative Offices are closed, bids will be opened on the next business day at the same time as previously scheduled. Bids will be accepted until the scheduled time of opening on the next business day. (Often when schools are closed due to inclement weather, administrative offices remain open. When in doubt, call the Purchasing Department.)

3. RECEIPT AND OPENING OF BIDS

Sealed proposals will be opened in the Purchasing Department of the Frederick County Public Schools (FCPS), Purchasing Department, 33 Thomas Johnson Drive, Frederick, Maryland, on the day and hour stated herein.

4. PREPARATION OF BID/SIGNATURE

Bids must be prepared on the enclosed proposal form(s) and in accordance with the specifications herein.

Each bid must show the full business address and telephone number of the bidder and be signed by the person or persons legally authorized to sign contracts. All correspondence concerning the bid and contract, including notice of award, copy of contract, and purchase order will be mailed or delivered to the address shown on the bid in the absence of written instructions from the bidder to the contrary. Bids by partnership must be signed with the partnership name, followed by the signature and designation of the person having authority to sign. Bids by corporations must be signed with the name of the corporation, followed by the signature and designation of the person having authority to sign. When requested, satisfactory evidence of authority of the persons signing will be furnished. Anyone signing the bid as an agent shall file satisfactory evidence of his/her authority to do so, if requested.

Failure to properly sign the bid document will result in rejection of the bid.

5. ERRORS IN BIDS/INTERPRETATION

Bidders or their authorized representatives are expected to fully inform themselves as to the conditions and requirements of the specifications and drawings (if applicable) before submitting bids. Failure to do so will be at the bidder’s own risk.

Should any bidder be in doubt as to the meaning of the drawings or specifications, or should he/she find any discrepancy or omission, he/she shall notify the Purchasing Officer for the Board of Education of Frederick County (herein after referred to as the Board). All bidders will then be notified, in writing, of clarification or additional information by means of addenda.

Neither law nor regulations make allowance for errors of omission or commission on the part of the bidders. In case of error in multiplication of unit prices when arriving at a total price per line item, the unit price shall govern. If there is a discrepancy between the price written in numbers and the price written in words, the words will govern.

If an error has been made by the bidder, the bidder may request in writing, to have his/her bid withdrawn. Approval of a bidder’s request is not automatic and may be given only by the Purchasing Officer and/or the Board. Requests for withdrawal are usually denied unless the bidder provides to the satisfaction of the Purchasing Officer and/or the Board that the mistake was either a scrivener’s error or another type of clearly unintentional error so departing from customary and reasonable business practices as to be obvious and to legitimately and substantially impair the vendor’s business.

6. INSPECTION OF SITE

Each bidder shall visit the site and become fully informed as to the condition under which the work is to be done. Failure to do so will not relieve a successful bidder of his/her obligation to furnish all material and labor necessary to carry out the provisions of the contract documents at the price(s) bid.

Where the specifications require field measurement, the bidder shall perform the measurement and the Board assumes no responsibility for errors in measurement. The bidder shall be expected to provide the item or material specified and to make good any situations which arise from errors in measurement.

Site visits shall not be made after regular working hours, on Sundays, school holidays, or legal holidays, unless previously agreed to by the Purchasing Department.

7. QUOTATION

The bidder shall complete the information requested on the proposal form(s). Prices quoted shall not exceed the prices established under any governmental price control regulations.

All prices shall be firm for a period of ninety (90) days from the date of bid opening unless otherwise stated under Special Notices. This applies to all vendors, whether they have received an award or not.

The Board will not accept any proposal with escalator clauses, irregular features unless specifically authorized under ASpecial Notices.

8. CONTRACTOR’S AND SUBCONTRACTOR’S INSURANCE

See the Special Notices section of the bid document for any changes to the insurance requirements, if applicable.

The Owner is to receive insurance certificates evidencing the compliance of insurance requirements at least ten (10) days before work commences. The Contractor shall not commence work under this contract until he/she has obtained all the insurance required under this paragraph and such insurance has been approved by the Board, nor shall the Contractor allow any subcontractor to commence work on his/her subcontracts until the insurance required of the subcontractor has been obtained and approved.

A. WORKER’S COMPENSATION & EMPLOYER'S LIABILITY INSURANCE

The Contractor shall procure and shall maintain during the life of the contract Worker’s Compensation Insurance as required by applicable state law for all of his/her employees to be engaged in work at the site of the project under the contract, and, in case of any such work sublet, the Contractor shall require the subcontractor similarly to provide Worker’s Compensation Insurance for all of the latter’s employees to be engaged in such work unless such employees are covered by the protection afforded by the Contractor's Worker’s Compensation Insurance.

In addition, the contractor shall procure and maintain during the life of the contract Employer's Liability Insurance in the following amounts:

E.L. Each Accident $100,000.00

E.L. Disease - Each Employee $100,000.00

E.L. Disease - Policy Limit $500,000.00

The Contractor will require any subcontractor to procure and maintain Worker’s Compensation and Employer’s Liability Insurance during the life of the contract.

It will be the responsibility of the Contractor to ensure that all subcontractors comply with this provision, and the Contractor will indemnify and hold harmless the Board for the failure of the contractor or any subcontractor to comply with these provisions.

B. COMMERCIAL GENERAL LIABILITY INSURANCE

The Contractor shall procure and shall maintain during the life of the contact Commercial General Liability Insurance including premises and operations, completed operations and products, on a per occurrence basis, with at least the following limits:

General Aggregate $2,000,000 per project

Personal & Advertising Injury $1,000,000

Each Occurrence $1,000,000

Fire Damage $ 50,000

Medical Expense $ 5,000

C. COMPREHENSIVE AUTOMOBILE LIABILITY

The Contractor shall maintain Comprehensive Automobile Liability Insurance (including all automotive equipment owned, non-owned and hired, operated, rented, or leased). Minimum limits of Automobile Liability Insurance shall be:

1. Bodily Injury: $1,000,000 per person/$1,000,000 accident

2. Property Damage: $1,000,000 each occurrence, or

3. Combined Single Limit Bodily Injury and Property Damage Liability: $1,000,000

D. SCOPE OF INSURANCE AND SPECIAL HAZARD

The insurance required in B and C above shall provide adequate protection for the Contractor and subcontractors, respectively, against damage claims, which may arise from operations under the contract, whether such operations are by the insured or by anyone directly or indirectly employed by him. Insurance coverage required under B above shall specifically include property damage caused by conditions otherwise subject to exclusions AX, C, U (Explosion, Collapse or Underground Damage) as defined by the National Bureau of Casualty Underwriters. Exceptions: contracts that do not require excavation or underground work are not required to have the above AX, C, and U coverage.

E. SUBCONTRACTOR’S INSURANCE

The contractor shall either:

(1) require each of his/her subcontractors to procure and to maintain during the life of the subcontracts Liability Insurance of the type and in the same amounts as specified in D above, or

(2) insure the activities of the subcontractors in his/her own policies. It will be the

responsibility of the Contractor to insure that all subcontractors comply with this provision, and the Contractor will indemnify and hold harmless the Board for the failure of the contractor or any subcontractor to comply with these provisions.

F. PROOF OF CARRIAGE OF INSURANCE

The Contractor shall furnish the Board with certificates showing the type, amount, class of operations covered, effective dates, and dates of expiration of policies. Such certificates also shall contain

substantially the following statement: The insurance covered by this certificate will not be concealed

or materially altered, except after thirty (30) days written notice has been received by the Board.

G. PROFESSIONAL LIABILITY INSURANCE

The Contractor shall maintain professional liability and errors and omissions coverage in the

Minimum amounts of $1,000,000 per claim and $3,000,000 in aggregate, unless noted otherwise

under Special Notices.

H. The Owner, Board of Education of Frederick County, the Frederick County Board of Commissioners

and other entities stipulated by Owner shall be named as additional insured parties on all contractor

policies. The contractor's insurance shall be primary and non-contributory to any insurance carried

by the Board of Education of Frederick County or other named entity. Waiver of subrogation applies

to above policies in favor of the certificate holder. Insurance providers must have an AM Best

Company rating of at least A- / XII.

9. AWARDS OR REJECTION OF BIDS

The evaluation factors will be set forth in the bid proposal.

The Board reserves the right to determine completeness and/or timeliness of bids, to reject any or all bids in whole or in part, to waive any irregularity in any quotation, to reject any bid that shows any omissions, alterations of form, additions not called for, conditions, or alternate proposals, and to make any such award

Is deemed to be in its best interest.

Bidders may be required, before the awarding of a contract, to show to the complete satisfaction of the Board

of Education that they have the necessary facilities, ability and financial resources to execute the work in a

satisfactory manner, and within the time specified; that they have the necessary experience, history and

references which will assure the Board of Education of their qualifications for executing the work. (A detailed

audited financial statement may be required).

Bidders are required, as a part of their bid submission, to provide information regarding their firm’s status as a Minority Business Enterprise (MBE) and the diversity of their firm’s board of directors and company officers. Bidders also are required, as a part of their bid submission, to provide a plan for the utilization of minority contractors, subcontractors or suppliers in executing the contract, if their firm receives an award.

The Board reserves the right to reject the bid of a bidder who has, in the opinion of the Board, previously failed to perform adequately or properly in professional services contracts, or the bidder whose investigation shows,

In the opinion of the Board, it not in a position to perform the contract.

The Board reserves the right to award the bid within ninety (90) days from the date of the bid opening unless

a different time period is stated in the bid document.

In the event of tie bids where all other factors such as past performance are considered comparable, the awards shall be made to the Frederick County based vendor: the out-of-county but Maryland based vendor; and the out-of-state based vendor, in that order of preference.

10. OBJECTIONS TO AWARD RECOMMENDATION

Any bidder objecting to the Purchasing Officer’s recommendation for award may protest the Purchasing Officer’s action by formally notifying, in writing, the Executive Director of Fiscal Services. The bidder’s written protest must be received in the Purchasing Department at least five (5) working days prior to the Board meeting for which the bid award is scheduled. It is the bidder’s responsibility to ascertain the date and time

of the pertinent Board meeting. The protest must specifically and fully identify the bidder’s objection(s); the

legal basis for the objection, including the itemization of laws, regulations, policies, or bid procedures, etc.,

which have allegedly violated; a statement of all facts which support the bidder’s position; a copy of all documents which are relevant or upon which the bidder is relying; and a statement as to the relief sought by

the bidder.

11. OBJECTION TO AWARD

Any objections to an award made by the Board must be filed, in writing, to the Executive Director of Fiscal Services and received within ten (10) calendar days following the date of the award by the Board. The objection must specifically and fully identify the vendor’s objections and any supporting legal or procedural authority.

12. CONTRACT

When the Board accepts a bid and awards a contract, the purchase order, bidder’s submission, agreed upon schedules, addenda, and other documents associated with the bid solicitation/submission/award process will become a part of the contract. Notification of the contract award will be made by letter after approval by the Board.

13. SURVEYS, PERMITS, LAWS, REGULATIONS

The Board shall furnish all surveys unless otherwise specified.

Permits and licenses necessary for the execution of the work shall be secured and paid for by the Contractor.

The Contractor shall give all notices and comply will all laws, ordinances, rules and regulations bearing on the conduct of the work as drawn and specified. If the contractor performs any work, which it knows or should know to be contrary to such laws, ordinances, rules and regulations, and without such notices to the Board, he/she shall bear all costs arising there from.

14. SUBCONTRACTOR

The contractor shall give his/her personal attention constantly to the faithful execution of this contract. The contractor shall keep the same under his/her own control and shall not assign or sublet by Power of Attorney

or otherwise the work or any part thereof without the previous consent of the Purchasing Department or designated Contract Administrator. He/she may be required to submit, in writing, the name of each subcontractor he/she intends to employ, the portion of the contract to be performed, his/her place of business, and any such information as may be required in order to know whether such subcontractor is reputable and reliable and able to furnish, satisfactorily, the services called for in the specifications.

15. LIQUIDATED DAMAGES FOR FAILURE TO COMPLETE ON TIME

Failure by the Contractor to complete the work of the contract or within the time specified on the proposal form will entitle the Board to deduct and retain out of funds which may be due the Contractor under this contract,

a sum as follows for each calendar day in excess of the time stated, (including Saturday, Sundays, and legal holidays) until the contract is complete in accordance with the specifications.

LIQUIDATED DAMAGES

First 21 Days Beyond 21 Days

Amount of contract (Per Calendar Day) (Per Calendar Day)

$10,000 to $25,000 $50 $100

$25,001 to $50,000 $150 $200

$50,001 to $75,000 $250 $300

$75,001 to $100,000 $350 $400

This sum shall not be considered as a penalty, but as a sum mutually agreed upon as the damages suffered by the Board because of delay.

Requests for extension of completion time due to causes over which the Contractor has no control will be reviewed after written application is made to the Purchasing Department or designated Contract Administrator. Requested must occur immediately upon occurrence of conditions for a time extension.

16. BILLING AND PAYMENT

The contractor shall furnish satisfactory bills, payrolls, and vouchers covering all items of cost. When requested, they shall give representatives of the Board access to accounts relating thereto.

Partial payments may be made at specific intervals depending upon the length and dollar value of the project. When partial payments are requested, the invoice or requisition for payment should be sent to the designated Contract Administrator for review prior to payment. Invoices for partial payments should be based upon percentage of the work performed.

An amount of 10% from each application for payment may be withheld until final acceptance of the project

by the Board. This amount may cover possible unsatisfactory performance or other damages.

17. RESERVATIONS AND ANNULMENTS

The Board reserves the right to void, cancel, or annul any contract if, in its opinion, there shall be a failure, at

Any time, to perform faithfully any of its stipulations.

Should the Contractor fail to comply with the conditions of this contract or fail to complete the required work within the time stipulated in the contract, the Board reserves the right to complete the required work, at the expense of the Contractor. The Board also reserves the right to withdraw such required work from the contract and subtract associated costs from the contractor’s contract prices without incurring further liabilities on the

part of the Board. The Contractor shall be liable to the Board for any excess cost incurred by the Board in such

an event.

The Board places all contractors and vendors on notices that an Assurance of Compliance with the Civil Rights Act of 1964 has been signed by the Superintendent of Schools as authorized by the Board.

18. HOLD HARMLESS

It is understood that firms providing quotes for this project shall defend and hold harmless the Board of Education of Frederick County and its representations from all suits, actions, or claims of any kind brought about as a result of any injuries or damages sustained by person(s) or property during the performance of this contract.

19. PUBLIC INFORMATION ACT NOTICE

Vendors should give specific attention to the identification of those portions of their bids, which they deem

to be confidential, or to contain proprietary information or trade secrets. Vendors should provide justification

why such material, upon request, should not be disclosed by the school system under the Maryland Public Information Act, State Government Article, Section 10-611 through 628, Annotated Code of Maryland.

20. CONTRACT DISPUTE

Any dispute resulting from a question or fact arising under this contract shall be decided by the Frederick County Public Schools’ contract administrator and the purchasing officer who will reduce their decision to writing and furnish a copy thereof to the Contractor. This decision shall be final and conclusive unless within thirty (30) days the Contractor furnishes to the contract administrator and purchasing officer a written appeal addressed to the Board of Education (BOE) of Frederick County. The local Board of Education has the right to hear appeals as provided by Maryland law.

The Board of Education or duly authorized representative will review the appeal for the determination of such appeal and their finding shall be final and conclusive. Exceptions are decisions determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary, or so grossly erroneous as to imply bad faith, or not supported by evidence. In connection with any appeal proceeding under this clause the Contractor will be afforded an opportunity to be heard and to offer evidence in support of his appeal. Pending final decision of a dispute, the Contractor shall proceed diligently with the performance of the contract and in strict accordance with the FCPS staff’s decision.

This clause does not preclude consideration of laws questioned in connection with the decision provided for above.

Revised: February 3, 2003