Montgomery County Public Schools Facilities Guide

DIVISION 0 - CONDITIONS OF THE CONTRACT

SECTION 00200 - INSTRUCTIONS TO BIDDERS

Described below are general and specific instructions provided to assist bidders in the
responsible preparation of complete bids. However, it is imperative that each bidder become
familiar with all aspects of the Contract Documents in recognition that only the detailed
requirements contained therein shall serve as the basis of compliance for a particular project.
General instructions for preparing construction bids with Montgomery County Public Schools are
as follows:

PART 1 - BIDS

1.1 Lump sum sealed bids will be received by the Montgomery County Board of Education
for the construction of the facility. Bids are due at the time, date, and place stated in
Section 00020, "Notice to Contractors."

1.2 Bids are to be submitted in duplicate in the form of one original and one copy, on the
Contractor's business stationery.

1.3 No bid may be withdrawn within sixty (60) days after the actual date of the bid opening.
The Owner retains the right to accept a bid within sixty (60) days of bid opening without
an increase in bid price or change in time of Project completion.

1.4 Bids withdrawn for any reason after bid opening, or Contractors who fail to enter into a
Contract, will be determined not responsible and not permitted to rebid the project. The
Owner retains the right to consider bid withdrawals or requests for withdrawal in
evaluating the Contractor's responsibility on future solicitations.

1.5 Prices shall be clearly written. Anything other than a price shall be deemed no cost to
the Owner.

PART 2 - DRAWINGS AND SPECIFICATIONS

2.1 Only Approved Contractors may secure drawings and specifications, limited to one (1)
set. Portions of drawings and specifications will not be made available to any Contractor
or Subcontractor. It is required that all Contractors and Subcontractors desiring drawings
and specifications procure an entire set.

PART 3 - INSPECTION OF SITE

3.1 Bidders shall visit the site and become familiar with the local site conditions under which
the Work is to be performed. Bidders represent and warrant for themselves and any
relevant Subcontractors intended to be employed on the Project, that all nature of the
Work set out in the drawings and specifications has been observed, that there have been
opportunities to inquire about site conditions including public right-of-ways and areas
adjacent to the site which might affect the Work, and that their proposal has been
prepared with the requisite understanding of the Project and site conditions. The site
visits will be limited between hours of 3:00 p.m. to 5:00 p.m., Monday through Friday,
exception of MCPS holidays.

3.2 Failure to become familiar with the site will not relieve a successful bidder of the
obligation to furnish all materials, labor and services necessary to carry out the provisions
of the drawings and specifications and to complete the contemplated Work for the
consideration set forth in his bid.

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PART 4 - INTERPRETATION

4.1 Should a bidder be in doubt as to the meaning of any notations shown on the
Construction Documents, or should any discrepancy or omission be discovered, the
Architect/Engineer shall promptly be notified in writing. All bidders will be notified, in
writing, by means of addenda. The Board of Education will not be responsible for any
explanations or interpretations of the Contract Documents in any form of communication
other than written addenda distributed to all bidders.

4.2 A bidder shall be presumed to have familiarity with site conditions and to understand the
meaning of all notations shown on the Construction Documents, unless clarification is
sought in the above manner.

4.3 All systems in all divisions are to be bid and constructed as wholly closed, connected,
and fully working systems. Any doubts by the Contractor as to the intent of the
Construction Documents for such total systems must be verified before bidding.

4.4 Each trade or subcontractor will be deemed to have familiarized itself with all
Construction Documents of this project, including Architectural, Structural, Mechanical,
Electrical, and Site Work drawings so as to avoid coordination errors, omissions, and
misinterpretations. No additional compensation will be authorized for alleged errors,
omissions, or misinterpretations as a result of failure to observe this requirement.

4.5 Where a device or piece of equipment is referred to in the singular number, such
reference shall be deemed to apply to as many devices as are required to complete the
installation.

PART 5 - BID BONDS

5.1 Each bid must be accompanied by a bid bond on an AIA Document A-310 Bid Bond from
a surety company authorized to transact surety business in the State of Maryland and
have at least an A Minus rating with A. M. Best, properly executed in favor of the Owner
for not less than ten percent (10%) of the amount of the largest possible total of bids
submitted.

5.2 Bid bonds will be returned within forty-eight (48) hours after the Owner and the
successful bidder have executed the Contract. If no Contract has been executed within
sixty (60) calendar days after the opening of bids, an unsuccessful bidder may demand
return of the bid bond any time thereafter.

5.3 The bonding company furnishing the bid bond shall attach to the bid bond, or deliver to
the Owner within two working days of the bid opening, the following statement, signed by
an authorized representative of the bonding company:

"As surety for the (Name of Contractor) , (Name of

Bonding Company) hereby agrees to furnish the 100 percent
Performance and Payment Bonds, as required by the specifications for
(Name of Project) , on behalf of the Contractor, in the event that such
firm be the successful bidder for this project."

Power of Attorney, properly executed, shall accompany bid bond and bond agreement
outlined above if agreement is submitted separately.

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PART 6 - PERFORMANCE AND PAYMENT BONDS

6.1 At the time of execution of the Contract, the successful bidder shall deliver to the Owner
two (2) copies each of the following:

A. Performance Bond in the amount of One Hundred percent (100%) of his Contract
Price covering faithful performance of the Contract.

B. Payment Bond in the amount of One Hundred percent (100%) of the Contract
Price as security for the payment of all persons performing labor and furnishing
materials in connection therewith.

C. Power of Attorney, properly executed, shall accompany bonds.

6.2 The Performance Bond and the Payment Bond shall be submitted on AIA Document
A312. The surety company must be authorized to transact business in the State of
Maryland, and have at least an A Minus rating with A. M. Best.

6.3 The cost of these bonds shall be included in the amount of the bids.

6.4 Status inquiries from the bonding company should be sent to the Owner, at 45 W. Gude
Drive, Suite 4300, Rockville, MD 20850.

PART 7 - FORFEIT OF SECURITY

7.1 Failure to Enter Into Contract:

If the bidder fails to execute and deliver the Contract and performance bond within ten
(10) working days of notice of acceptance of his bid, the security deposited with the bid
shall be forfeited to the Owner as liquidated damages for such failure or refusal.
Forfeiture of the security notwithstanding, the Owner reserves the right to seek additional
damages for Contractors failure to execute the Contract

7.2 Proposed Subcontractors:

A. The Owner will notify the apparent low bidder. Within two (2) working days after
that notification, the apparent low bidder (herein after known as the Contractor)
shall submit to the Owner, the names of those Subcontractors and persons or
organizations (including manufacturers furnishing materials or equipment
fabricated to a special design) who are to provide:

1. excavating, filling and grading*

2. site utilities*
3. structural steel*
4. concrete*
5. masonry*
6. drywall and steel stud framing*
7. fireproofing
8. painting
9. finish flooring
10. casework
11. general construction contractor/carpentry*
12. roofing*
13. sheetmetal*
14. equipment vendors/manufacturers
15. electrical*

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 16. insulation*
17. sprinkler/fire alarm*
18. plumbing*
19. energy management systems (controls)*
20. test & balance*
21. asbestos removal if applicable*

for acceptance by the Owner, along with the Contractor's certification that these
same Subcontractors, persons, organizations, or manufacturers will be used on
the project and will not be changed without permission of the Owner. If the
General Contractor/Prime Mechanical Contractor proposes to perform this Work
with its own forces, it must submit documentation to support that its current
personnel has completed Work of similar scope and nature on projects of like
size within the past three years.

B. For above Subcontracts identified with an asterisk (*) exceeding $100,000, the
Contractor shall also provide (in addition to the above list of Subcontractors,
persons, organizations, and manufacturers) letters from the Subcontractor's
surety containing the following statement, signed by an authorized representative
of the Subcontractor's surety:

"As surety for the (Name of Subcontractor) , (Name of Surety) ,

hereby agrees to furnish the 100% Payment and Performance bonds as
required by the specifications for (Name of Project) , on behalf of the
Subcontractor."

C. Power of Attorney, properly executed, shall accompany the bond agreement

outlined above.

7.3 Failure by the Contractor to provide any of the information outlined above within two (2)
working days after notification that said Contractor is the apparent low bidder shall result
in his bid being deemed nonresponsive and the security deposited with his bid (Bid Bond)
shall be forfeited to the Owner as liquidated damages for such failure.

PART 8 - TIME OF COMMENCEMENT AND TIME OF COMPLETION

8.1 Administrative Work shall be started within ten (10) working days after the Notice to
Proceed. On-site Work may begin with issuance of Notice to Proceed, and the entire
Work shall be substantially complete within 30 days.

PART 9 - LIQUIDATED DAMAGES

9.1 A clause will be inserted in the Contract Between the Owner and Contractor stating, that,
from the compensation otherwise to be paid, the Owner may retain the sum of Two
Thousand Five Hundred Dollars ($2,500) for each calendar day up to 30 days of delay
beyond the substantial completion date of the project as stipulated in the Contract
Documents, and Five Thousand Dollars ($5,000) a day for each calendar day thereafter
without limitation. The calculation of liquidated damages will begin again with each
phase provided the previous phase has been completed.

9.2 A clause will be inserted in the Contract between the Owner and Contractor stating that,
from the compensation otherwise to be paid, the Owner shall retain the sum of Five
Hundred Dollars ($500) for each calendar day beyond the 60th day after Substantial
Completion for failure to complete all Contract requirements.

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9.3 The time in which the Contractor agrees to complete the Work is the essence of the
Contract and failure to complete within the time specified will entitle the Owner to deduct
and retain out of monies which may be due the Contractor under this Contract, the sum
stated above and in the proposal form for each calendar day in excess of the time stated,
including Sundays and legal holidays. The sum shall not be applied as a penalty but as a
sum reasonably calculated and mutually agreed upon to compensate the Owner for the
actual, direct, indirect, and consequential damages suffered by the Owner because of the
Contractors failure to complete the work within the Contract time.

PART 10 - BID ALTERNATES

10.1 Include prices for all bid Alternates as described in Section 01230, Alternates, of this
manual.

10.2 Bidder-originated Alternates or qualifying statements will not be considered. The Owner
shall have the right to accept Alternates in any order or combination.

PART 11 - INFORMATION PRICES

11.1 Since capital construction projects are partially funded by the State of Maryland,
information prices are requested for certain items of Work or equipment as stipulated by
State guidelines. Where requested, information prices shall be provided which reflect the
most accurate cost of those items available.

11.2 Within two (2) working days after notice to proceed, the Contractor must provide the
following list of information prices to MCPS. The informational prices are to be used for
accounting purposes by the Owner and will in no way affect the award of the total
Contract to the lowest qualified bidder. The Contractor's first requisition for payment will
be withheld until requested prices have been submitted.

A. Cost of owner's liability insurance provided by the contractor.

PART 12 - PROCEDURES FOR TIE BIDS

12.1 Tie bid occurs when two or more bids, plus accepted Alternates, if any, are exactly the
same amount. In the event of a tie bid, preference in the award of the bid will be given
first to resident bidders of the State of Maryland. (The residence of a corporation is its
principal place of business.) All other tie bids will be awarded by drawing of lots in public.

PART 13 - PREPARATION OF BID FORMS

13.1 Signatures must be longhand, executed by a principal duly authorized to make Contracts,
with the bidder's legal name fully stated. Oral, telegraphic, or telephone proposals or
modifications will not be considered. If a corporation, give the state in which
incorporated, using phrase, "corporation organized under the laws of the State of
." If a partnership, give names of partners, using also the phrase "Co-partners, trading
and doing business under the firm name and style of ." If an individual, use the
phrase "doing business under the firm name of ."

13.2 Acknowledge receipt of each and every addendum on the Bid Form.

PART 14 - MINORITY BUSINESS ENTERPRISE PARTICIPATION

14.1 As described within the document "Minority Business Enterprise Procedure" which is
included in Section 00801 of this project manual, a Certified MBE Utilization and Fair
Solicitation Affidavit and the MBE Participation Schedule MUST accompany all bid

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 proposals. Failure to submit these forms will result in the bid being determined non-
responsive. Minority participation requirements must be met as a condition for
recommendation of Contract award. The apparent low bidder shall submit additional
minority business enterprise material and supporting data, which is specified in the bid
documents within ten (10) working days after notification.

PART 15 - SUBSTITUTIONS

15.1 Where a specific manufacturer or trade name is designated, it is to establish a standard

of material, design function, finish and quality. Only products of the acceptable
manufacturers are to be used in the bidders proposal.

A. The Contractor shall be responsible for determining what model or product of the
acceptable manufacturer meets the specified standards. Other products which
will perform equally the duties imposed by the general design will be considered
providing submittal for substitutions is in strict accordance with Section 01630,
"Substitutions," and is submitted to the Architect/Engineer three (3) days prior to
the bid opening. If in the opinion of the Architect/Engineer, the product so
proposed is of equal design function, finish, and quality, approval will be issued in
an addendum prior to the bid opening.

15.2 Substitutions in any form other than described herein will not be permitted.

PART 16 - ITEMS NOT IN THE CONTRACT

16.1 Items specifically noted as "N.I.C." or "Not in Contract" are not required under this
Contract but are to be furnished and installed by others. Contractor shall be responsible
for installation and connection of utilities for all items to be furnished by the Owner or
others unless specifically noted otherwise. Contractor shall give reasonable notice to
Owner of desired delivery date of items being furnished by Owner or others.

16.2 Items specifically noted as O.F.C.I. or Owner Furnished/Contractor Installed are to be

furnished by others. The cost of installation shall be included in the Contractors bid.
Contractor shall be responsible for installation and connection of utilities for all items to
be furnished by the Owner or others unless specifically noted otherwise. Contractor shall
give reasonable notice to Owner of desired delivery date of items being furnished by
Owner or others.

PART 17 - PART 17 - AIR AND WATER BALANCING

17.1 Air and water balancing shall be performed by an independent qualified balancing
contractor who must be a certified member of the Associated Air Balance Council (AABC)
and/or National Environmental Balancing Bureau (NEBB). This Work must be performed
as a direct subcontract under the General Contractor.

PART 18 - INSTALLATION OF ACCEPTABLE PRODUCTS

18.1 Where the specifications list acceptable manufacturers' products or materials, it shall be
the responsibility of the Contractor, without cost to the Owner, to make the modifications
necessary to install the acceptable products even though not specifically identified in the
conforming set of drawings and specifications.

PART 19 - HAZARDOUS MATERIAL ABATEMENT WORK

19.1 Hazardous material abatement included in the Specifications is subject to all parts of the
total Specifications, and part of the Contract Documents. The General Contractor/Prime

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 Mechanical Contractor will in all respects be totally responsible for the hazardous
material abatement subcontractors and shall coordinate that Work in conjunction with the
total project. This Work is subject to inspection and approval of the MCPS Safety Officer.
The Contractor is required to contract Montgomery County Public Schools to review the
procedures for verifying hazardous containing material prior to the start of any Work in or
interfacing with the existing facility. The Architect/Engineer is not involved and has no
responsibilities for specifying, supervision or acceptance of this Work.

PART 20 ENERGY SAVINGS PROGRAMS

20.1 As a government agency, Montgomery County Public Schools is eligible to participate in

provider specific energy savings programs. It is encouraged that our technical partners
who are closely familiar with the programs guidelines advise the engineer of record of
program eligibility and potential incentives. Should a project scope be deemed to have
potential eligibility, the engineer of record in conjunction with Montgomery County Public
Schools will issue authorization to perform rebate administration activities and request
the estimated incentive dollar figure to be identified on the bid form. This estimate is
informational only and will not impact the bid process. The final bid figure must NOT
include potential rebate deductions.

PART 21 - CANCELLATION/REJECTION OF BIDS

21.1 The Owner further reserves the right to reject any or all bids and to waive any
informalities or immaterial deviations in the bids.

21.2 The Owner may cancel this Bid, in whole or in part, at any time. The Owner may reject
all Bids and re-advertise for new Bids, according to the best interest of the Montgomery
County Public Schools.

END OF SECTION

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