FREDERICK COUNTY PUBLIC
SCHOOLS
HAYWARD COMPLEX
PURCHASING DEPARTMENT
33 THOMAS JOHNSON DRIVE
FREDERICK, MARYLAND 21702
A. GENERAL
CONDITIONS AND INSTRUCTIONS FOR SMALL CONSTRUCTION, MAINTENANCE AND
MISCELLANEOUS SERVICE CONTRACTS
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 this
Pre-Bid Meeting will include the following:
introduction of staff;
description of scope of work;
timeline/scheduling; budget
priorities/concerns; and procurement
responsibilities.
Due to possible changes
and/or additions to the specification, 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 Any bid may be withdrawn before the scheduled time for opening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may not be withdrawn.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, 33
THOMAS JOHNSON DRIVE, FREDERICK, MARYLAND, on the day and hour stated herein.
All proposals must be
submitted properly executed and securely sealed. The envelope must be prominently marked with the name of the
person, firm or corporation making such proposal, the date of its presentation,
and BID/QUOTE NAME AND NUMBER, to the
ATTENTION OF THE PURCHASING OFFICER. If
not bidding, NO BID must be indicated also on the outside of the envelope.
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 partnerships must be signed with the partnership name,
followed by the signature and designation of the person having authorized 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 person
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 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 specifications, or should he/she find any
discrepancy or omission, he/she shall notify the Purchasing Officer of the
Board of Education of Frederick County.
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 either of omission or commission on the
part of the bidders. In case of error
in multiplication of unit price when arriving at 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 proves 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 informed fully as to the condition under which the work is
to be done. All visitors must report to and register
in the main office. Failure
to do so will not relieve a successful bidder of his/her obligation to finish
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 error in measurement. The bidder shall be expected to provide the
item or material specified and to make good any situations which arise from
error 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 RETAINS THE RIGHT, WITH MUTUAL
CONSENT OF THE BIDDER(S), TO UTILIZE BID PRICING WITH APPROVED PRICE CHANGES
FOR FUTURE PURCHASES FOR AS LONG AS THE BIDDER(S) AGREES TO EXTEND THE
CONTRACT.
The Board will not accept
any proposal with escalator clauses, minimum order requirements or irregular
features unless specifically authorized under "Special Notices". No charge will be allowed for cases, boxes,
cardboard, bottles, etc., or for freight expenses. Charges for express delivery will only be allowed if requested by
the Board. Empty packages, cases,
boxes, cardboard, bottles, etc., must be removed by the contractor at his/her
own expense.
If the contract includes
equipment, all prices must be FOB-Destination (inside delivery). The bidder(s) is encouraged to bid only one
product per line item that most nearly meets the specifications. If the bidder believes that there are more
than one product available, a limit of two (2) offers will be considered for
each line item.
If two or more particular
brands, models, or makes are listed in the specification (under Base and
Alternate bids) and the bidder has not indicated in the bid which of the two or
more brands, models, etc., is being bid, it shall be understood that the Board
may require the contractor to furnish whichever is preferred by the Board.
8. DISCOUNTS
The Board reserves the
right to consider discounts in evaluating the bid. All discounts other than prompt payment should be calculated by
the bidder.
9. BIDS
FOR ALL OR PART
A bidder may restrict
his/her bid to be considered in the aggregate by so stating, but should name a
unit price on each item bid upon. Any
bid in which the bidder names a total price for all the items, without quoting
a price on each and every separate item, may be considered non-responsive. Unless a bidder has restricted his/her bid,
award may be made to the bidder submitting the lowest aggregate bid on a group
of items of a similar nature or on an individual item basis, or any other basis
deemed to be in the best interest of the Board.
10. STANDARD
OF QUALITY, "OR EQUAL CLAUSES", MATERIALS SUBSTITUTIONS
Unless otherwise
specified, all materials used for the manufacture or construction of any work
covered by this bid shall be new and the workmanship shall be of the highest
quality. Any material or article which
will perform adequately the duties imposed by the general design will be
considered equal and satisfactory. This is providing the material or article so
proposed is of equal substance or function in the Purchasing Officer's opinion.
THE BRAND SPECIFIED IS
USED ONLY TO ESTABLISH A QUALITY LEVEL.
EQUIVALENT ITEMS WILL BE ACCEPTED UNLESS SPECIFICALLY NOTED OTHERWISE IN
SPECIAL NOTICES.
When permitted in the
specifications, bidders on construction contracts only may propose substitute
items in their bid proposal, listing the manufacturer, brand name, model
number, and nomenclature with reference to the page and paragraph in the
specification where the substitution applies.
There proposed substitutions do not need approval prior to submission of
bid proposals unless required in the specifications. The substitutes must be approved by the Board before the contract
award. Proposals of substitutes not
acceptable to the Board can result in rejection of the bid or non-award of the
contract.
In the absence of any
statement to the contrary by the bidder, the bid will be interpreted as being
for the exact brand and/or qualities, etc., enumerated in the detailed
specifications, whenever the specifications indicate a product of a particular
manufacturer, model or brand.
If for any reason the
contractor cannot guarantee his/her work using a material or equipment which
has been specified, he/she shall so notify the Board in writing at least seven
(7) days in advance of the bid opening, giving reasons, together with the name
and data concerning substitute products proposed. Requests for substitutions must be accompanied by documentary
proof of equality and delivery from suppliers of both specified and proposed
equipment or materials. A statement of
any credit or extra cost involved shall also be included with the request.
Request for approval of
substitutions may not be considered a cause for delay in any phase of the work
to be accomplished. The Board's decision will be the final authority in all
cases.
11. SAMPLES
Samples may be requested
by the Purchasing Department for testing and evaluation purposes. Failure to submit samples as required at the
time designated by the Purchasing Department shall be cause for rejection of
that item.
All samples must be
delivered with all charges prepaid to the FREDERICK COUNTY PUBLIC SCHOOLS,
Hayward Complex, Purchasing Department, 33 Thomas Johnson Drive, Frederick,
Maryland 21702, plainly marked to
indicate make/model, item #, name of bidder, bid name and number, date of bid
opening, and must be accompanied by instructions as to the return thereof.
Accepted samples may be
retained during the life of the contract.
The right is reserved to retain any sample submitted with bids whenever
deemed necessary to do so for the purposes of examination and testing. The Board reserves the right to use all
samples in any manner which may best serve the final determination of the
successful bidder, even if said examination and testing results in damage to or
destruction of the sample.
Samples that are not
retained shall be removed by the vendor within two weeks upon notification of
the Award/Non-Award letter by the Board.
Unless the samples, when received by the Purchasing Department, are
accompanied with instructions as to their return, and include sufficient funds
to defray shipping charges or provide for return by freight or express on a
collect basis, samples shall become the property of the Board. Samples not removed within this two week
period shall be disposed at the discretion of the Purchasing Department. Disposal may include retention and use by
the Board without compensation to the bidder or person furnishing the samples.
12. BID
BOND
Bid bonds are not
required at this time except under special circumstances. See the Special Notices section of
the bid document, if applicable.
13. PERFORMANCE
AND PAYMENT BONDS
Performance and payment
bonds are not required on all bids. See
the Special Notices section of the bid document, if applicable. If applicable, the successful bidder(s) may
be required to submit either one or both of the following two (2) bonds to the
Purchasing Department within ten (10) calendar days of receipt of the Notice of
Award and in accordance with the terms stated below:
A. Performance
Bond in the amount of 100% of the contract price covering faithful
performance of the contract; and
B. Payment Bond
in the amount of 100% of the contract price as security for the payment of all
persons performing labor and furnishing materials in connection therewith.
The cost of the
performance bond and payment bond will be borne by the bidder(s) in all instances.
Certified checks in the
amounts stated above will be accepted in lieu of the performance bond and
payment bond only prior to approval of the Purchasing Officer. If checks are approved for acceptance in
lieu of either bond, they should be in the same amount as these bonds; be separate checks; and should clearly designate the purpose
-i.e., performance or payment.
Certified checks, if
submitted, will be deposited in the Board's bank account(s). Upon successful completion of the contract,
check(s) will be drawn upon the Board's bank account(s) for the full amounts of
both certified checks.
Bonds must be approved by
surety companies which are named in the most current Circular 570 "Surety
Companies Acceptable on Federal Bonds" as issued by the U.S. Treasury,
Bureau of Government Finance Operations, Division of Banking and Cash
Management, Washington, D.C.
20111. Bonding companies shall
be rated A - or above by A.M. Best Company.
If a bonding company is
used that is not on the most current Circular 570, the vendor will be contacted
to obtain a bond from an approved surety company and resubmit it to the
Purchasing Department within ten (10) working days after contact.
Upon receipt and approval
of the performance bond and payment bond or the certified checks, an official
purchase order will be issued and the contract initiated.
14. 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 until such insurance has been
approved by the Board, nor shall the contractor allow any subcontractor to
commence work on his/her subcontract until the insurance required of the
subcontractor has been obtained and approved.
A. WORKER'S
COMPENSATION & EMPLOYERS' 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 contractors Worker's Compensation
Insurance.
In addition, the contractor shall procure and shall maintain during the life of the contract Employers' 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 contract 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
Products-Completed Operations Aggregate $2,000,000
Personal & Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage $ 50,000
Medical Expense $ 5,000
The XCU Coverage for
explosion, collapse, and underground property damage shall not be excluded from
the policy.
Completed operations
liability coverage shall be in force for one year after completion of work.
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:
Bodily Injury $1,000,000
per person/$1,000,000 accident
Property Damage $1,000,000
each occurrence, or
Combined Single Limit
Bodily Injury
and Property Damage Liability $1,000,000
D. SCOPE OF INSURANCE AND SPECIAL HAZARDS
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 be by the insured or by
anyone directly or indirectly employed by him/her and, also against any of the
special hazards which may be encountered in the performance of this contract as
enumerated in B. above. Insurance
coverage required under B. above shall specifically include property damage
caused by conditions otherwise subject to exclusions"X,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 "X,C,and U" coverage.
E. SUBCONTRACTOR'S
INSURANCE
The contractor shall
either
(1) require each of his/her sub-contractors to
procure and to maintain during the life of the subcontract 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 any subcontractor to comply
with this provision.
F. BUILDER'S
INSURANCE
The Contractor shall
provide and maintain Builder's Risk Protection in the name of the Owner, Board of Education of Frederick County, the
Frederick County Board of Commissioners and the general contractor. The policy
shall stipulate coverage for Full Value of the Work on a Replacement Cost Basis
and that losses are payable directly to the Owner. The policy shall provide coverage for perils of fire and extended
coverage, theft, vandalism, malicious mischief, collapse, false work, temporary
structures, demolition, debris removal, flooding and other such insurance
coverage as required by the Contract Documents. These policies shall remain in effect until completion of punch
list items.
This provision shall not
release the contractor of the obligation to complete according to plans and
specifications the project covered by the contract, and the contractor and
his/her Surety shall be obligated to full performance of the contractor's
undertaking.
G. 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 cancelled or
materially altered, except after thirty (30) days written notice has been
received by the Board."
H. The
Owner, Board of Education of Frederick
County, the Frederick County Board of Commissioners and other entities
stipulated by the Owner, shall be named as additional insureds 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 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.
15. AWARDS
OR REJECTION OF BIDS
In general, it is the intention
of the Board to make awards to bidders submitting the lowest bid prices
provided; (a) all the terms of the invitation have been met; (b) the prices are
reasonable; and (c) it is in the best interest of the Board to accept them.
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 make partial awards, to waive any irregularity
in any quotation, to increase or decrease quantities if quantities are listed
in the bid, 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 as 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 that they have the necessary facilities, ability, and financial resources
to execute the work in a satisfactory manner, and within the time
specified. Bidders must demonstrate
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 properly in contracts of a similar nature, or the
bid of a bidder who investigation shows is 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.
16. OBJECTION
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) days
prior to the Board meeting for which the bid award is scheduled. It is the vendor'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 been 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.
17. 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.
18. CONTRACT
When the Board accepts a
bid and awards a contract, the purchase order, bidder's submission agreed upon
the schedules, addenda, and any agreed upon shop drawings, schedules, and other
documents will become a part of the contract.
Notification of the contract award will be made by letter after approval
by the Board.
19. SHOP
DRAWINGS
The contractor shall
verify all field measurements and shall submit three copies of all shop
drawings and schedules required for the work of various trades. The Board shall review these documents only
for conformance with the design concept of the project and compliance with the
information given in the contract documents.
The contractor shall make any corrections required by the Board, file
with them two corrected copies and furnish such other copies as may be
needed. The Board's review of such
documents shall not
relieve the contractor of
the responsibility for deviations from drawings or specifications, unless
he/she has in writing called the Board's attention to such deviations at the
time of submission, and secured their written approval. Nor shall it relieve him from responsibility
for errors in these documents.
20. AMERICAN
STEEL REQUIREMENT
The contractor shall
comply with the provisions of Sections 17-301 through 17-306 of the State
Finance and
Procurement Article of
the Annotated Code of Maryland, as amended entitled "Steel Procurement for
Public Works." The contractor's
affidavit of compliance with these provisions may be required before payment
can be made.
21. SURVEYS,
PERMITS, LAWS, REGULATIONS, ROYALTIES, PATENTS AND TAXES
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 with 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 notice to the Board, he/she shall bear all costs arising there from.
Wherever the law of the
place of building requires a sales, consumer, use, or other similar tax, the
contractor shall pay such tax.
The contractor shall pay
all royalties and license fees. He/she
shall defend all suites or claims for infringement of any patent rights and
shall save the Board harmless from loss.
No charge will be allowed
for Federal excise taxes, from which the Board is exempt. Exemption certificates, if required, will be
furnished on forms provided by the bidder.
Contractors and subcontractors who bid on the construction jobs for the
Board after July 1, 1968, should include the MARYLAND SALE AND USE TAX on all
purchases. Contractors will be required
to pay the tax on all purchases and can recover it only as a part of their bid
price.
22. USE
OF PREMISES, PROVISION OF PORTABLE SANITATION AND REMOVAL OF DEBRIS
Contractors are responsible
for removal of trash and debris and shall confine their apparatus, materials,
supplies, and equipment in such orderly fashion at the work site so that it
will not unduly interfere with the progress of the work or any other
contractor.
Only such loads as are
consistent with the safety of that portion of the work shall be placed upon the
work or any part thereof.
It shall be the
contractors' responsibility to provide portable sanitation facilities on the
work site and secure Health Department or local subdivision approval, where
required.
They shall not interfere
with Board personnel or students while they are conducting their required
business.
The Board reserves first
right of salvage on all materials removed from Board facilities and no salvage
values should be assumed in bidding on the project unless so stated in the
specifications. Contractors shall pay
all disposal fees and can recuperate them only by including them in the price
bid.
At the completion of the
work and before final payment is made, contractors shall remove all rubbish
from and about the building, and all tools, scaffolding and surplus materials,
and shall leave the work site clean, including proper landscaping. In case of dispute, the Board may remove the
rubbish and charge the cost to the contractor.
23. USE
OF MATERIALS, SERVICES AND FACILITIES
It is understood that,
except as otherwise specifically stated in the contract documents, the
contractor shall provide and pay for all materials, labor, tools, equipment,
water, light, power, transportation, superintendence,
temporary construction
and all other services and facilities of every nature whatsoever necessary to
execute, complete and deliver the work within the specified time.
The sale or use of
tobacco products in any form is prohibited in school buildings at all
times. School buildings are defined as
a local school system owned or leased building.
The sale or use of
tobacco products in any form is prohibited on school grounds during the hours
of 7:00 a.m. to 5:00 p.m., Monday through Friday and all other times during
school sponsored events. School grounds
are defined as local school system owned or leased land that surrounds a school
building.
The tobacco-free school
environment policy states that any person or organization permitted to use
school buildings or school grounds (e.g., use of facility form) must comply
with the policy.
Any work necessary to be
performed after regular working hours, on Sundays or legal holidays, shall be
performed with the approval of and without additional expense to the Board,
unless previously agreed to.
24. CHANGES
IN WORK
No changes in the work
covered by the approved contract documents shall be made without having prior
written approval of the Board. The
contract sum may be adjusted accordingly with the consent of the Surety first
being obtained where necessary or desirable.
Charges or credits for
the work covered by the approved change shall be determined by one or more or a
combination of the following methods:
a. Unit bid prices
previously approved
b. An agreed lump sum
c. The actual cost of:
1. Labor, including
foremen
2. Materials entering
permanently into the work
3. The ownership or
rental cost of construction
plant and equipment during the time of use
the extra work
4. Power and consumable
supplies for operation of power equipment
5. Insurance
6. Social Security,
(F.I.C.A.) and unemployment contributions.
To
the cost under c. there shall be added a fixed fee to be agreed upon
but not to exceed fifteen per cent (15%) of the estimated
cost of the work. The fee
shall be compensation to cover the cost of
supervision, overhead, bond, profit, and any
other general expenses.
25. WORK
SITE SUPERVISION
At the work site, the
contractor shall employ a construction superintendent or foreman who shall have
full authority to act for the contractor.
The superintendent shall not be changed except with the consent of the
Board. The superintendent shall represent
the contractor in his/her absence and all directions given to him shall be as
binding as if given to the contractor.
The Board shall not be responsible for the acts or omissions of the
superintendent or his/her assistants.
The contractor shall at
once report to the Board any error, inconsistency or omission which he may
discover, but he/she shall not be liable to the Board for any damage resulting
from any errors or deficiencies in the contract documents or other instructions
given by the Board.
26. SUBCONTRACTORS
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. The contractor
may be required to submit to the Purchasing Department, in writing, the name of
each subcontractor he/she intends to employ, the portion of the material to be
furnished, 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 the material as called for in the specifications.
The contractor shall not
legally or equitably assign any of the funds payable under the contract or its
claim thereto, unless by and with the consent of the Purchasing Department.
The contractor shall have
the same provisions inserted in all subcontracts relative to the terms of the
General Conditions and other contract documents. Nothing contained in this contract shall create any contractual
relations between any subcontractor and the Board.
The Board reserves the
right to approve or disapprove all subcontractors to be employed on a
project. The Board reserves the right
to approve or disapprove a change of subcontractor once an initial
subcontractor has been approved. In the
event the Board fails to approve a subcontractor or requires a change of
subcontractor, the contractor shall be liable for any increase in cost incurred
as a result.
27. LOCAL
LICENSING OF TRADE PERSONS
All trade persons
performing work under this contract as a general contractor or a subcontractor
must be licenses in accordance with the requirements of the local subdivision
and State, as appropriate. Any cost
incurred as a result of this licensing requirement shall be borne by the
contractor.
28. PROTECTION
OF WORK AND PROPERTY
The contractor shall at
all times safely guard his/her own work, adjacent property, and the Board's
property from damage, injury, or loss in connection with this contract. The contractor shall replace or make good
any such damage, loss, or injury at his/her own expense, and at current
replacement cost unless such be caused directly by errors contained in the
contract or by the Board.
In case of inclement
weather or an emergency that threatens loss or damage of property or safety of
life, the contractor will be allowed to act in a diligent manner, without
previous instructions from the Board.
He/she shall notify the Board thereafter of his/her actions. Any claim for compensation by the contractor
due to such extra work shall be promptly submitted to the Board for approval.
Where the contractor has
not taken action but has notified the Board of an emergency threatening injury
to persons or damage to the work or any adjoining property, he/she shall act as
instructed or authorized by the Board.
The contractor shall take
all necessary precautions for the safety of employees on the work site and
shall comply with all applicable provisions of Federal, State, and Municipal
safety laws and building codes. He/she
shall erect and properly maintain at all times, as required by the conditions
and progress of the work, all necessary safeguards for the protection of
workers and the public and shall post danger signs warning against the hazard
created by such features of construction as protruding nails, hoist, well
holes, elevator hatchways, scaffolding, window openings, stairways, and falling
materials. He/she shall designate a
responsible member of the organization to be on the work site, whose duty shall
be the prevention of accidents. The
name and position of any person so designated shall be reported to the Board by
the contractor.
29. HEALTH
AND SAFETY STANDARDS
When applicable, all
machinery/equipment must meet OSHA-MOSHA requirements as to the safety of the
operation of the equipment. All
required safety devices shall be included in the price(s) bid.
When applicable, kitchen
equipment and supplies must meet Maryland State Health Department, National
Sanitation Foundation (NSF) and Frederick County Health Department
requirements.
All construction
activities must be conducted in strict compliance with OSHA/MOSHA requirements.
The contractor and
subcontractors are required to comply with all provisions of the Access to
Information About Hazardous and Toxic Substances Act, a part of the Maryland
Occupational Safety and Health Law.
30. ASBESTOS
The contractor is
responsible to report to the Board any asbestos material or suspected material
found or uncovered that is not part of the scope of the project. In addition, he/she may not introduce new
asbestos or asbestos bearing materials into the site.
It is the responsibility
of the contractor to comply with all Municipal, State, and Federal EPA
regulations and laws when handling or disposing of asbestos materials.
If the contractor
intentionally endangers or jeopardizes the health of any building/school
occupant through mishandling of hazardous material, the contractor will be held
liable for such action.
31. INSPECTIONS
AND CORRECTION OF WORK
All work, all materials,
whether incorporated into the work or not, all processes of manufacturer, and
all methods of construction shall be at all times and places subject to the
inspection of the Board, whose representatives shall be the final judge of the
quality and suitability. Should these
fail to meet this approval they shall be forthwith reconstructed, made good,
replaced and/or corrected, as the case may be, by the contractor at his/her own
expense. Rejected material shall be
removed immediately from the site. If,
in the opinion of the Board, it is undesirable to replace any defective or
damaged materials or to reconstruct or correct any portion of the work injured
or not performed in accordance with the contract documents, the compensation to
be paid to the contractor hereunder shall be reduced by such amount as in the
judgment of the Board shall be equitable.
The Board's
representative shall at all times have access to the work wherever it is in
preparation or progress and the contractor shall provide proper facilities for
such access.
If the specifications,
laws, ordinances or any public authority require any work to be specially
tested or approved, the contractor shall give the Board timely notice of its
readiness for observations. If the
inspection is by another authority, the contractor shall notify the Board of
the date fixed for such inspection and shall use the required Certificates of Inspection.
If any work should be
covered up without approval or consent of the Board, it must, if required, be
uncovered for examination at the contractor's expense. Re-examination of questioned work may be
ordered by the Board and, if so ordered, the work must be uncovered by the
contractor. If such work is found to be
in accordance with the contract documents, the contractor shall pay such
cost. If the defect in the work was
caused by another contractor employed by the Board, the Board shall pay such
cost and recover the charges from the other contractor.
32. GUARANTEE
Neither the final
certificate of payment nor any provision in the contract documents nor partial
or entire occupancy of the premises by the Board shall constitute an acceptance
of work not done in accordance with the contract documents or relieve the
contractor of liability in respect to any express warranties or responsibility
for faulty materials or workmanship.
The contractor shall
guarantee the material and workmanship on all services, equipment, materials,
supplies, and labor furnished by him for a period of one (1) year from the date
of acceptance, unless a longer or shorter period of time is stated elsewhere in
the specifications. If, within the
guarantee period, any defects or signs of deterioration are noted, the
contractor, at his/her expense, shall correct the condition, or he/she shall
replace the part or entire unit of work/equipment to the complete satisfaction
of the Board. These repairs,
replacements, or adjustments shall be made only at such times as will be
designated by the Board as least detrimental to the instructional programs.
Should the contractor
fail to comply with the terms of this guarantee, the Board may have such work
performed as it deems necessary to fulfill the guarantee, charging the cost to
the contractor.
33. LIQUIDATED
DAMAGES FOR FAILURE TO COMPLETE ON TIME
Failure by the contractor
to complete the work of the contract or within the time specified stated 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.
The completion date for
construction/renovation contracts is defined as substantial completion with a
Use and Occupancy permit (if applicable).
Liquidated damages will be assessed at the following rates:
Amount of Contract Liquidated
Damages Liquidated
Damages
(per calendar day) Beyond 21
days
(per calendar day)
$200,000 or less $350 $700
$200,000 to $1,000,000 $500 $1,000
(This document will not
be used for contracts exceeding $1,000,000.00)
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 strikes, lack of materials or any other causes over
which the contractor has no control will be reviewed after written applications
is made to the Purchasing Department. Requests must occur immediately upon
occurrence of conditions for a time extension.
34. 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 Finance Department for payment. Invoices for partial payments should show
only the work performed and/or materials/equipment supplied and on site.
An amount of 10% from
each application for payment will be withheld until final acceptance of the
project by the Board. This amount may
cover possible unsatisfactory performance or other damages.
Invoices shall be
submitted in triplicate to:
FREDERICK COUNTY PUBLIC
SCHOOLS
Hayward Complex
Finance Department
7630 Hayward Road
Frederick, MD 21702
Attn: Accounts Payable
Dept.
Invoices must be
submitted in the same format as the proposal form or purchase order.
Invoices and packing
slips must contain the following information:
- Bid Number
- Purchase Order Number
- Item Number (if applicable)
- Quantity (if applicable)
- Brief Description of Item or Work Performed
- Unit Price Bid/Partial Payment Amount
- Extended Total for Each Item
- Grand Total
- Public School Construction Number (PSC) (if
applicable)
35. RESERVATIONS
AND ANNULMENTS
The Board reserves the
right to void, cancel, annul any contract if, in its opinion, there shall be a
failure, at any time, to perform faithfully any of its stipulations, or in case
of any willful attempt to impose upon the Board materials, products and/or
workmanship inferior to that required by the contract. Any action taken in pursuance of this latter
stipulation shall not affect or impair any rights or claims of the Board to
damages for the breach of any covenant of the contract.
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 purchase on the open market, or to complete the required work, at
the expense of the contractor, or by recourse to provisions of the performance
bond if such bond is required under the conditions of this bid. The Board also reserves the right to withdraw
such items or required work from the contract and subtract associated costs
from the contractor's contract price
without incurring further
liabilities on the part of the Board.
The contractor and his/her Surety shall be liable to the Board for any
excess cost incurred by the Board in such an event. The Board may take possession of and utilize, in completing the
work, such materials, appliances, and plant as may be on the site of the work
and necessary for its completion.
The Board places all
contractors and vendors on notice 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.
36. NO
PREVAILING WAGE RATES
However, when applicable
(see "Special Notices"), the contractor shall comply with Section 17-201
through 17-226 of the State Finance and Procurement Article of the Annotated
Code of Maryland, as amended, which requires payment of prevailing wages as
determined by the Commissioner of Labor on public works projects.
37. 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.
38. 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.
39. 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.