Removal and Replacement of Kitchen Ovens

HARFORD COUNTY PUBLIC SCHOOLS 102 South Hickory Avenue Bel Air, Maryland 21014 BID ANNOUNCEMENT BID TITLE: REMOVAL AND REPLACEMENT OF KITCHEN OVENS BID NUMBER: 23-SRP-034 BID OPENING DATE AND TIME: May 25, 2023, 2:30 pm local time BID OPENING / BID EMAIL SUBMITTAL ADDRESS: Bid Opening will be online via Teams at the following: Microsoft Teams meeting Join on your computer, mobile app or room device Click here to join the meeting Meeting ID: 285 540 206 191 Passcode: xpBoS7 Download Teams | Join on the web Or call in (audio only) +1 240-600-1475,,962982635# United States, Bethesda Phone Conference ID: 962 982 635# Find a local number | Reset PIN Learn More | Meeting options Submit your bid via electronically to bids@hcps.org. PROCUREMENT AGENT: Sara Rowe, NIGP-CPP, Procurement Agent 410.638.4082 sara.rowe@hcps.org QUESTIONS DUE DATE AND TIME: Questions must be emailed to

rel="no-follow" href="mailto:sara.rowe@hcps.org">sara.rowe@hcps.org no later than 2:30 pm on May 10, 2023. ADDENDUM ISSUED: No later than May 17, 2023. PRE-BID CONFERENCE: (optional) May 5, 2023 at 10:00 am Bel Air Middle School 99 Idlewild St. Bel Air, MD 21014 BONDING: Bonds Are Not Required. MBE DOCUMENTS: MBE Documents Are Not Required. TIMELY DELIVERY OF BID DOCUMENTS: Bids must be received in the Procurement e-mail box, bids@hcps.org, on or before the bid opening day and time. It is the Bidder(s) responsibility to verify that the Bid has been received at bids@hcps.org, prior to the Bid Opening. ‘Read Receipts’ are not sufficient. Bidders may contact the Buyer listed within the solicitation, by email or phone, to confirm receipt of bids. Bidders may obtain the Solicitation Documents by downloading the information at our website: www.hcps.org/departments/BusinessServices/purchasing.aspx. Bidders shall continue to check the HCPS website for possible addenda to the bid(s) prior to the bid opening date. The Contract Award Report, will be posted on the HCPS webpage at https://www.hcps.org/departments/BusinessServices/procurement.aspx (Solicitation Results) after evaluation and approval by the Board of Education of Harford County, if required. LATE BIDS WILL BE REJECTED AND RETURNED UNOPENED Harford County Public Schools Nondiscrimination Statement The Board of Education of Harford County Public does not discriminate on the basis of age, ancestry/national origin, color, disability, pregnancy, gender identity/expression, marital status, race, religion, sex or sexual orientation in matters affecting employment or in providing access to programs and activities and provides equal access to the Boy Scouts and other designated youth groups. https://teams.microsoft.com/l/meetup-join/19%3ameeting_OWU1MTI2ZWMtMWNlOC00NzFkLWE2ODgtMGNlMGViZjhlOTky%40thread.v2/0?context=%7b%22Tid%22%3a%22c1f6ac53-6b77-4db5-9472-4f104eeac96a%22%2c%22Oid%22%3a%22fe7b8432-fd0f-44eb-8d13-c2c11a30d3e8%22%7d https://www.microsoft.com/en-us/microsoft-teams/download-app https://www.microsoft.com/microsoft-teams/join-a-meeting tel:+12406001475,,962982635#%20 https://dialin.teams.microsoft.com/6f6a04b2-0529-4500-9e61-dc925c394de5?id=962982635 https://dialin.teams.microsoft.com/usp/pstnconferencing https://aka.ms/JoinTeamsMeeting https://teams.microsoft.com/meetingOptions/?organizerId=fe7b8432-fd0f-44eb-8d13-c2c11a30d3e8&tenantId=c1f6ac53-6b77-4db5-9472-4f104eeac96a&threadId=19_meeting_OWU1MTI2ZWMtMWNlOC00NzFkLWE2ODgtMGNlMGViZjhlOTky@thread.v2&messageId=0&language=en-US mailto:bids@hcps.org mailto:bids@hcps.org mailto:bids@hcps.org http://www.hcps.org/departments/BusinessServices/purchasing.aspx https://www.hcps.org/departments/BusinessServices/procurement.aspx 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 2 In accordance with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. §1681, et seq.), Harford County Public Schools does not discriminate on the basis of sex in any of its programs or activities or with regard to employment. Inquiries about the application of Title IX, and its implementing regulations to Harford County Public Schools may be referred to Renee McGlothlin, Harford County Public Schools Title IX Coordinator, by mail to 102 S. Hickory Avenue, Bel Air, Maryland 21014, or by telephone to 410-809-6087 or by email to Renee.McGlothlin@hcps.org or the Assistant Secretary for the Office of Civil Rights in the United States Department of Education by mail to 400 Maryland Avenue, SW, Washington, DC 20202 or by telephone 1-800-421-3481, or both. tel:4108096087 mailto:Renee.McGlothlin@hcps.org tel:18004213481 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 3 TABLE OF CONTENTS Instruction to Bidders .................................................................................................................. 4 General Terms and Conditions ................................................................................................... 8 Insurance Requirements ........................................................................................................... 17 Bid Specifications ...................................................................................................................... 22 Contract .................................................................................................................................... 33 Checklist ................................................................................................................................... 34 Bid Form ................................................................................................................................... 35 Reference Form ........................................................................................................................ 37 Anti-Bribery Affidavit.................................................................................................................. 38 Debarment Certification ............................................................................................................ 39 Employment of Sex Offenders and Other Criminal Offenders Affidavit ...................................... 40 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 4 Board of Education of Harford County, Maryland Procurement Department 102 South Hickory Avenue, Third Floor, Suite 310 Bel Air, Maryland 21014 INSTRUCTION TO BIDDERS The following provisions, where applicable, will become part of any contractual relationship developed as a result of the solicitation. 1.0 AN INVITATION TO BID SUBMISSION 1.1 The Board of Education of Harford County hereinafter referred to as Harford County Public Schools or HCPS, invites all interested and qualified bidders to submit a bid. These specifications and requirements identified in the attached statement of work and detailed specification are intended to cover the procurement of supplies and/or equipment requested. 1.2 In accordance with State law and HCPS policies, solicitations shall be published a minimum of fourteen (14) calendar days in advance of due date for any bid having a potential award value of $25,000 or more. 1.3 Unless otherwise indicated, HCPS shall receive sealed bids until the date and time indicated on bid or as modified by addenda. Bids must be e-mailed to bids@hcps.org, Bids must be clearly marked on the subject line: Name of Bidder, Bid Number and Solicitation Title. Late bids will be rejected. 1.4 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 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 such brand names should not be interpreted as the exclusive brand desired unless so stated. The determination of the acceptability and/or the criteria for acceptability of an alternate is solely the responsibility of HCPS. 1.5 The Bidder or their authorized representatives are expected to fully inform themselves as to the conditions, requirements, circumstances, prerequisites, qualifications and/or specifications before submitting their bid. A bidder's failure to become fully informed is at the Bidder's sole and complete risk of loss. The Bidder shall have no right to any damages, cost and/or any other remedy at law or equity against HCPS for any miscalculation, misunderstanding, error (either omissions or commissions), mistake, misinterpretation, and/or the failure by the Bidder to obtain an award of bid, award of contract and/or profits, fees or money from HCPS when the Bidder failed to fully inform themselves. In the case of error in extension of prices in the Bid, the unit price shall govern or the entire bid may be declared non- responsive. 1.6 Where provision is made on the Bid Form for bidding items on an individual, group or aggregate basis, the award will be made on whichever basis is in the best interest of HCPS. When an aggregate bid is requested, the unit prices for each item shall be identified on the Bid Form for accounting purposes. The unit prices in an aggregate bid should be consistent with the total quoted price for an aggregate bid. 1.7 The product offered by the Bidder shall be new, not used, and the latest version unless otherwise requested by HCPS. Should a product be discontinued and/or upgraded during the course of the Contract, the Awarded Bidder shall offer to HCPS a new alternate product meeting and/or exceeding the established specifications, under the same terms, conditions and prices as the originally offered item 2.0 BID PREPARATION, PROPOSAL SHEET, AND BID OPENING 2.1 Bidder must submit one (1) original with original signatures of the Bid using HCPS bid forms. The Bidder should make and retain one (1) copy of the Bid for their files. Bids must be signed and submitted by an authorized representative of the Bidder. Each bidder may attach a letter of explanation to the Bid, if so desired, to provide an explanation of any detail(s) in the Bid. 2.2 Signed bids must be returned electronically via e-mail to bids@hcps.org, ONLY. HCPS will not accept any facsimile transmission or electronic submissions to HCPS Procurement Agents, representatives, or employees. It is the Bidder(s) responsibility to verify that the Bid has been received at bids@hcps.org, prior to the Bid Opening. ‘Read Receipts’ are not sufficient. Bidders may contact the mailto:bids@hcps.org mailto:bids@hcps.org mailto:bids@hcps.org 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 5 Buyer listed within the solicitation, by email or phone, to confirm receipt of bids. 2.3 Each bid must show the full business address, telephone number, fax number, email address, and federal tax identification 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 Letter of Intent, copy of Contract, and Purchase Order, will be mailed or delivered to the contact information shown on the Bid in the absence of written instructions from the Bidder to the contrary. 2.4 All bidders shall be required to complete the certificates and/or affidavits, and/or acknowledgements that are incorporated into the proposal pages of this specification. Such documents are required by Local, State or Federal funding agencies of HCPS as part of the bidding process. The documents may include but are not limited to: Anti-Bribery Affidavit, Debarment Certificate, Employment of Sex Offenders and Other Criminal Offenders Affidavit, Sales Tax Certification, Minority Bidder Status, and when applicable, Asbestos Free Certification and any others that may be required. 2.5 Bid Opening 2.5.1 At the public opening of the Bid, the Bidder’s names and their pricing will be read and recorded. All bids submitted by the required time will be accepted for further evaluation. Following complete evaluation of the Bids following opening, bids may be rejected due to major irregularities or omissions and will be rendered as non-responsive. 2.5.2 Complete evaluations of the Bids will not take place at the bid opening and no indication of award will be made. HCPS reserves the right to review all responses and analyze the results of the procurement process. Any tabulation provided at this time is draft status only. 2.5.3 A final recommendation(s) for contract award may be prepared for review and when required, approval by the Board of Education of Harford County. 2.5.4 The Board of Education of Harford County must approve contract awards of $100,000 or more. Formal contract award is contingent upon the required Board approval. 2.5.5 Bidders may correct a minor irregularity and minor irregularities may be waived. A minor irregularity is one that is merely a matter of form and not of substance or pertains to an immaterial or inconsequential defect or variation in a bid, the correction or waiver of which would not be prejudicial to other bidders. When so noted, minor irregularities may be corrected within forty- eight (48) hours following notification. The Procurement Supervisor will be the final determinate of what is a minor irregularity. 2.5.6 HCPS also reserves the right to reject any or all bids and/or waive technical defects and minor irregularities at the discretion of the Supervisor of Procurement, HCPS or designee if, in its judgment the interests of HCPS shall so require. Bids may be withdrawn before the scheduled time of opening. Withdrawal is not permitted after the scheduled time of opening. 2.5.7 Any omissions, errors, conflicts, or discrepancies in this document shall be called to the attention of HCPS IN WRITING within five (5) working days prior to the bid opening. 2.5.8 Omission of any specification or details of any specification which would normally apply to the supplies and/or equipment described herein, shall not relieve the Bidder from fulfilling those required specifications needed to provide an end product or service best suited to the intended purpose of this contract as determined by the Supervisor of Procurement. 2.6 At the time of the bid opening each bidder will be presumed to have read and to be thoroughly familiar with the specifications and related documents (including all Addenda). The failure or omission of any bidder to receive or examine any form, instrument, or document, shall in no way relieve them from any obligation in respect of its bid. 3.0 AWARD OR REJECTION OF BIDS 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 6 3.1 Bids will be awarded to the lowest responsive and responsible bidder whose bid meets the requirements and evaluation criteria set forth in the invitation for bid and is in the best interest of HCPS. 3.2 HCPS reserves the right to reject a bid or bidders pursuant to Section 5-112 of the Education Article of the Annotated Code of Maryland. 3.3 Bidder SHALL NOT offer more than one price on each item even though they may feel that they have two or more types or styles that will meet specifications. If Bidder submits more than one price per item specified, Bidder may be deemed non-responsive. Bidders are allowed to also offer incentives, discounts, and promotional pricing, however; if conditions are attached to pricing, the pricing may be rejected. 3.4 Each bidder cannot offer more than one (1) bid submittal. 3.5 HCPS also reserves the right to reject a bid of firms who have demonstrated performance deficiencies or who have previously failed to perform properly or complete on time other Board contracts. 3.6 HCPS reserves the right to reject any or all bids. 3.7 HCPS reserves the right to re-advertise for other bids for the identical requirement if it is in the best interest of HCPS. 4.0 ANNULMENTS AND RESERVATIONS 4.1 Conditional proposals will not be considered. 4.2 HCPS reserves the right to waive technical defects within submittals. 4.3 HCPS may conduct any necessary investigation to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to HCPS all such information and data requested. HCPS reserves the right to reject any proposal if the evidence submitted by the Bidder or investigation of such bidder fails to satisfy HCPS that such bidder is properly qualified to carry out the obligations of the Contract and to complete all stipulated requirements. 4.4 HCPS reserves the right to 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 HCPS, materials, products and/or workmanship inferior to that required by the Awarded Bidder, and any action taken in pursuance of this latter stipulation shall not affect or impair any rights or claims of HCPS to damages for the breach of any covenant of the Contract by the Awarded Bidder. 4.5 Unbalanced proposals will not be accepted. 4.6 HCPS shall have the right to reject any or all bids, reject a bid not accompanied by a required bid security or by other data required by the bidding documents, or reject a bid which is in any way incomplete or irregular. 5.0 MULTI-AGENCY PROCUREMENT 5.1 HCPS reserves the right to extend the terms and conditions of this solicitation to any and all other government agencies. All purchase and payment transactions will be made directly between the Contractor and the requesting public agency. 5.2 Each participating jurisdiction or agency shall enter into its own contract if necessary, with the Awarded Bidder(s). HCPS assumes no obligation on behalf of any other entity. 6.0 TIE BIDS In the event of tie bids, the award(s) shall be made as per the procedure specified in the Harford County Public Schools Procurement Manual. 7.0 WAIVER OF TECHNICALITIES Minor differences in the specifications or other minor technicalities may be waived at the discretion of the 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 7 Supervisor of Procurement. 8.0 BID PRICES 8.1 All pricing must remain firm for sixty (60) days from date of bid opening unless otherwise specified. 8.2 Unit Prices must be rounded off to no more than two (2) decimal places, unless otherwise specified. 8.3 HCPS reserves the right to accept price reductions from the Awarded Bidder during the term of this contract. 8.4 HCPS will not accept any bid responses with bidder escalator clauses, unless specifically stated in the solicitation specifications. 9.0 ADDENDA 9.1 All changes to the Bid Specifications will be made through appropriate Addenda issued from the Procurement Department. 9.2 Addenda notices will be posted on the Procurement Department web site at www.hcps.org, as well as eMaryland Marketplace. 9.3 No Addenda will be issued later than five (5) days prior to the date for receipt of bids except an Addendum withdrawing the request for bids or one which postpones the date for receipt of bids. 9.4 Each bidder shall ascertain prior to submitting a Bid that they have received all Addenda issued and the Bidder shall acknowledge their receipt on the Addenda Form. The Addenda Form shall be completed and returned with the Bid response. Failure to return the signed Addenda Form may be reason for rejection of the Bid. 10.0 RIGHT OF SELECTION HCPS reserves the right to accept this bid by items or as a whole or lump sum. HCPS also reserves the right to increase or decrease the estimated quantities. HCPS reserves the right to reject any and all bids which comply with these specifications or to accept a higher bid which complies, provided that, in the judgment of HCPS the bid offered under the higher bid is in the best interest of HCPS and the additional price can be justified. 11.0 DISSEMINATION OF INFORMATION This section intentionally omitted. 12.0 INSURANCE Please review in detail the insurance requirements contained in the attached document. These requirements are recommended by the Maryland Association of Boards of Education Group Insurance Pool. Please have your insurance agent/company receive these insurance requirements prior to submitting a bid. Failure to comply with these insurance requirements may render the bid as non-responsive. http://www.hcps.org/ 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 8 Board of Education of Harford County, Maryland Procurement Department 102 South Hickory Avenue, Third Floor, Suite 310 Bel Air, Maryland 21014 GENERAL TERMS AND CONDITIONS Supplies and Equipment 1.0 TERMINATIONS FOR CAUSE OR CONVENIENCE 1.1 HCPS reserves the right to terminate 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 HCPS, materials, products and/or workmanship inferior to that required by the Awarded Bidder, and any action taken in pursuance of this latter stipulation shall not affect or impair any rights or claims of HCPS to damages for the breach of any covenant of the Contract by the Awarded Bidder. 1.2 Any cost and/or expense incurred under this section above shall be deducted from and paid by the Board of Education of Harford County out of such monies as may be due or become due to the Contract, if the same had been completed by the Contractor, it or its surety shall pay the amount of any excess to the Board of Education of Harford County. 1.3 The performance of work under this contract may be terminated for convenience by the Board of Education of Harford County in accordance with this clause in whole or part, whenever the Supervisor of Procurement shall determine that such termination is in the best interest of HCPS. Any such termination shall be affected by mailing to the Contractor a Notice of Termination specifying the extent to and conditions under which performance of work under the Contract is terminated and the date upon which such termination becomes effective. Upon termination of this contract in accordance with this section, the Contractor may be entitled to an equitable adjustment. 1.4 Termination for Non-Appropriation. HCPS reserves the right to terminate this contract, in whole or part, due to non-appropriation of funds or funds that are otherwise made unavailable to support continuation in any fiscal year succeeding the first fiscal year. Notification of contract termination will be given to the Contractor thirty (30) days in advance and will be in effect at the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination. 2.0 DRUG, TOBACCO, AND ALCOHOL All HCPS properties are "drug, tobacco, and alcohol-free zones" as designated by Local and State laws. Neither the Consultant or their employees (or sub-Consultants) are permitted to have any tobacco products, vaporizers, e-cigarettes, illegal or prescription drugs, or alcohol products on HCPS property. Use or possession of such items on HCPS property will result in immediate termination of the Agreement. 3.0 PROTEST AND APPEAL PROCESS Any bidder objecting to the recommendation for award or the award of a contract may appeal the action to the Supervisor of Procurement by formal notification in writing within seven (7) calendar days of award. A protest must include: the name, address, and contact information of the protestor; signature of the protestor or an authorized representative of the protestor; identification of the solicitation or proposal number; detailed statement of reasons for the protest; supporting documentation to substantiate the claim; and the remedy sought. A formal written response to the appeal shall be issued within ten (10) calendar days following receipt of the formal protest. The decision of the Supervisor of Procurement may be appealed to the Superintendent of Schools within five (5) business days following receipt of decision from the Supervisor of Procurement. The decision of the Superintendent is final and conclusive. 4.0 NON-DISCRIMINATION 4.1 The Contractor shall comply with all Federal and State anti-discrimination laws in the performance of this contract. 4.2 The Board of Education of Harford County Public does not discriminate on the basis of age, ancestry/national origin, color, disability, pregnancy, gender identity/expression, marital status, race, 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 9 religion, sex or sexual orientation in matters affecting employment or in providing access to programs and activities and provides equal access to the Boy Scouts and other designated youth groups. 4.3 In accordance with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. §1681, et seq.), Harford County Public Schools does not discriminate on the basis of sex in any of its programs or activities or with regard to employment. Inquiries about the application of Title IX, and its implementing regulations to Harford County Public Schools may be referred to Renee McGlothlin, Harford County Public Schools Title IX Coordinator, by mail to 102 S. Hickory Avenue, Bel Air, Maryland 21014, or by telephone to 410-809-6087 or by email to Renee.McGlothlin@hcps.org or the Assistant Secretary for the Office of Civil Rights in the United States Department of Education by mail to 400 Maryland Avenue, SW, Washington, DC 20202 or by telephone 1-800-421-3481, or both. 4.4 The Awarded Bidder shall furnish, if requested by HCPS, a compliance report concerning their employment practices and policies in order for HCPS to ascertain compliance with the special provisions of this contract concerning discrimination in employment. 4.5 In the event the Awarded Bidder is deemed noncompliant with the nondiscrimination clause of this contract, this contract may be canceled, terminated or suspended in whole or in part and the Awarded Bidder may be declared ineligible for further/future HCPS' work. 5.0 NON-HIRING OF EMPLOYEES BY AWARDED BIDDER OR HCPS 5.1 No employee of the HCPS or any unit thereof, whose duties as such employee include matters relating to or affecting the subject matter of this contract, shall, while so employed, become or be an employee of the party or parties hereby contracting with the HCPS or any unit thereof. 5.2 No employee of the Awarded Bidder or any unit thereof, whose duties as such employee include matters relating to or affecting the subject matter of this contact, shall, while so employed, become or be an employee of the party or parties hereby contracting with the Awarded Bidder or any unit thereof. 6.0 FINANCIAL DISCLOSURE The Awarded Bidder shall comply with the provisions of Section 13-221 of the State Finance and Procurement Article, Annotated Code of Maryland, which requires that every business that enters into contracts, leases or other agreements with the State of Maryland or its agencies, including school districts, during a calendar year under which the business is to receive in the aggregate $100,000 or more, shall within thirty (30) days of the time when the aggregate value of these contracts, leases or other agreements reached $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business. 7.0 POLITICAL CONTRIBUTION DISCLOSURE Awarded Bidder shall comply with the provisions of Section 14-101 et seq. of the Election Law Article of the Maryland Code, which require that every person that enters into contracts, leases, or other agreements with the State of Maryland, including its agencies or a political subdivision of the State, including school districts, during a calendar year under which the person receives in the aggregate $10,000 or more, shall, on or before February 1 of the following year, file with the Secretary of State of Maryland certain specified information to include disclosure of political contributions in excess of $100 to a candidate for elective office in any primary or general election. 8.0 RETENTION OF RECORDS The Awarded Bidder shall retain and maintain all records and documents relating to this contract for three (3) years after final payment by HCPS hereunder or any applicable statute of limitations, whichever is longer, and shall make them available for inspection and audit by authorized representatives of HCPS or designee, at all reasonable times. 9.0 LANGUAGE/GENDER 9.1 Bidder, proposer, offeror, vendor, and contractor all have the same meaning and may be used tel:4108096087 mailto:Renee.McGlothlin@hcps.org tel:18004213481 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 10 interchangeably. 9.2 The Board of Education of Harford County is also referred to as HCPS, Harford County Public Schools, and Board of Education which may be used interchangeably. 9.3 Bid, proposal and offer all have the same meaning and can be used interchangeably. 10.0 COMPLIANCE WITH THE LAW The Bidder hereby represents and warrants: 10.1 That it is qualified to do business in the State of Maryland and that it will take such action as, from time- to-time hereafter, may be necessary to remain so qualified. 10.2 That it shall comply with all Federal, State and Local law ordinances and legally enforceable rules and regulations applicable to its activities and obligations under this agreement. 10.3 That it shall procure, at its expense, all licenses, permits, insurance and governmental approval, if any are necessary to the performance of its obligations under this agreement. 11.0 SAFETY AND CODE REQUIREMENTS 11.1 Contractor shall comply with all Federal, State, and Local laws, ordinances and regulations pertaining to work under their charge and these shall be construed as the minimum requirements of these specifications. 11.2 The Contractor shall provide all equipment and machinery furnished and delivered to HCPS complying with the safety regulations as required by OSHA and the Maryland State Safety Health Act known as MOSHA meeting the CFR-1910 MOSHA Standard. 11.3 Safety Data Sheets (SDS) shall be submitted for all supplies, materials, equipment, or any other substances furnished and/or installed under this proposal in accordance with the OSHA Hazardous Communication Standard 29 CFR 1910.101, 29 CFR 1910.1200 and 20 CFR 1926.58 or any other applicable State, Federal or Local regulation. The Contractor, when required, must submit SDS sheets to each school or facility that receives any such supplies, materials, equipment, or any other substances furnished and/or installed by the Contractor. 12.0 CONTRACTOR’S OBLIGATION 12.1 The Awarded Bidder shall abide by and comply with the true intent of the 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 specifications, as decided by HCPS, and as described herein. Deviations, exceptions, alternates, etc., may render the bid as non-responsive. 12.2 The Awarded Bidder, after award and prior to starting work, may be required to submit working drawings or detailed descriptive data identified as acceptable to HCPS, which provide sufficient data to enable HCPS to judge the Awarded Bidder's compliance with the specifications. 12.3 In case of any apparent conflict between the specifications and such laws, ordinances, etc., the Awarded Bidder shall call the attention of the applicable HCPS designee(s) to such conflict for a decision before proceeding with any work. 12.4 Any deviation(s) from the specifications or scope of work must be clearly noted in detail by the Bidder, in writing, at the time of submittal of the formal bid. The absence of a written list of deviation(s) at the time of submittal will hold the Bidder accountable to HCPS to the specifications or scope of work as written by HCPS. Any deviation(s) from the specifications or statement of work without prior documented approval will be grounds for rejection of any material, equipment, and/or services when delivered and/or performed. 12.5 The Awarded Bidder shall and will, in good professional manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this contract, within the time herein specified, in accordance with the provisions of this contract and said specifications 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 11 and in accordance with the plans and drawings covered by this contract and any and all supplemental plans and drawings, and in accordance with the directions of the Board of Education as given from time to time during the progress of the work. The Contractor shall observe, comply with and be subject to all terms and conditions, requirements and limitations of the Contract and Specifications and shall do, carry on and complete the entire work to the complete satisfaction of the Board of Education. 12.6 Awarded Bidder may be required pursuant to the Business Regulation Article of the Maryland Code, to provide proof of Certificate of Registry. 12.7 Awarded Bidder is responsible to protect all existing and newly installed supplies and/or equipment. Any HCPS property damaged shall be replaced or repaired to the satisfaction of HCPS. 12.8 Contractors and any of its subcontractors shall advise HCPS of its intention to use any employees, which are hired or obtained from any penal, pre-release or work release program. In the event that such employees are used, notification to HCPS shall include the name and violation for each individual. The reasonable precautions, when selecting such individuals and provide strict supervision and proper safeguards. Contractor’s employees are not permitted inside school buildings when the nature of the Contract is for outside work. 13.0 PROTECTION OF WORK AND PROPERTY 13.1 The Contractor will be held responsible for any and all damage to Harford County Public Schools property done or caused by the Contractor or other personnel engaged in the execution of this contract, except and unless damage, loss, injury or illness is caused by the negligence or tortious misconduct of HCPS employees. They shall be similarly responsible for all injury to any person that occurs as a result of their actions or negligence. They shall take proper safety and health precautions to protect the work, the workers, the public and the property of others. The Contractor shall also be responsible for any and all damage to adjacent property incurred in the performance of the Contract and hold Harford County Public Schools free from any and all claims for damages arising from the execution of the work. 13.2 Limit use of premises to work in areas indicated. Confine operations to areas within contract limits indicated. Do not disturb portions of the site beyond the areas in which the Work is indicated. 13.3 Keep driveways and entrances serving the premises clear and available to HCPS, HCPS’s employees and emergency vehicles at all times. Do not use these areas for parking or storage of materials. 13.4 The Contractor shall at all times keep the premises free from accumulation of waste materials or rubbish caused by its employees or work, and at the completion of the work, all trash will be removed from and about the work site and all tools, scaffolding and surplus materials shall leave the area clean and neat unless more exactly specified. In case of disputes, HPCS may remove trash, rubbish, etc. and charge the cost to the Contractor. 13.5 The Awarded Bidder shall protect all HCPS property, materials, equipment, improvements, utilities, structures, and vegetation at all times. Any property or incidentals damaged during the shall be repaired or replaced by Awarded Bidder to the satisfaction of HCPS. 14.0 PERMITS & LICENSE The Contractor awarded this contract must, at its expense, obtain any and all permits required by Local, State and Federal authorities. The Contractor at the time of bid opening must be fully licensed in all trades or special areas that require a license by Local, State, Federal authorities. It is the contractor’s responsibility to notify HCPS of lapses in, suspension of or termination of special permits and licenses required under the Contract. 15.0 SUBSTITUTIONS AND “OR EQUAL” CLAUSE Whenever a material or article required is specified or shown on the plans or specifications by using the name of a particular or proprietary product or of a particular manufacturer or vendor, any material or article which meets or exceeds the general design or performance requirements may be considered as equal to what is so specified subject to evaluation and final acceptance by HCPS. Any alternates or the submission of “or equal” items are subject to approval from HCPS. 16.0 GUARANTEE AND WARRANTY 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 12 16.1 The Awarded Bidder shall unconditionally guarantee the supplies and equipment furnished by the Awarded Bidder for a period of at least one (1) year from the date of acceptance of the installation by HCPS or as specified in the bid document. If the manufacturer warrants equipment for a period longer than one (1) year, the Awarded Bidder shall pass through this extended warranty to HCPS. 16.2 In the event the Awarded Bidder fails to repair, replace, adjust, rectify, remedy, correct or complete the items, defects, deterioration, and/or installation, then HCPS may have the right to secure the services of another vendor to correct the work or complete the performance required by the award of this bid. The Awarded Bidder shall be solely responsible for any and all cost, expenses and monies due to the new vendor. 16.3 The Awarded Bidder must act as the manufacturer’s agent for all warranty claims. 17.0 INDEMNIFICATION 17.1 To the fullest extent permitted by law, the Indemnitor shall indemnify, defend and hold the Indemnitee and its employees, agents, officials or volunteers harmless from and against any and all claims, losses, damages, expenses, causes of action and liabilities including without limitations, attorney’s fees arising out of or related to the Indemnitor’s occupancy or use of the Indemnitee’s premises or operations incidental thereto, provided that any such claim, loss, damage, expense, cause of action or liability is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including loss of use resulting there from. Indemnitor expressly indemnifies indemnitee for the consequences of any negligent act or omission of the Indemnitor or any of the Indemnitor’s employees, agents, officials or volunteers or anyone for whose acts the Indemnitor may be liable, unless such act or omission constitutes gross negligence or willful misconduct. 17.2 In claims against any person or entity indemnified within this indemnification by an employee of the Awarded Bidder, a subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation shall not be limited by a limitation on amount or type of damages, compensation or benefits payable by or for the Awarded Bidder or a subcontractor under Workers' Compensation Acts, Disability Benefit Acts, or other employee benefit acts. 18.0 LEGISLATED BID REQUIREMENTS Award of contracts over $25,000 shall be awarded to the lowest responsive and responsible bidder who conforms to the Specifications with consideration given to: (1) the quantities involved, (2) the time required for delivery, (3) the purpose for which it is required, (4) the competency and responsibility of the Bidder, (5) the ability of the Bidder to perform satisfactory service, and (6) the plan for utilization of minority contractors (certified by M-DOT). [REF: State of Maryland Senate Bill 202, Section 5-112-Education Article, Sub. C effective 7-1-00] 19.0 ILLEGAL IMMIGRANT LABOR The use of illegal immigrant labor to fulfill contracts solicited by HCPS is in violation of the law and is strictly prohibited. Contractors and subcontractors must verify employment eligibility of workers in order to assure that they are not violating Federal/State/Local laws regarding illegal immigration. A compliance audit may be conducted. 20.0 EMPLOYMENT OF CHILD SEX OFFENDERS AND OTHER CRIMINAL OFFENDERS 20.1 If a child sex offender, as determined by the definitions contained in the Criminal Law Article of the Annotated Code of Maryland, is employed by the Awarded Bidder, the Awarded Bidder is prohibited from assigning that employee to perform management, delivery, installation, repair, construction or any other type of services on any HCPS property, including the project property. Violation of this provision may result in Termination for Cause. 20.2 Contractor acknowledges and agrees that, pursuant to Section §6-113 of the Education Article of Maryland Code, Contractor is prohibited from knowingly assigning or permitting it’s Subcontractors from knowingly assigning any of the Contractor’s or Subcontractor’s employees to work in, on or about school premises if such employee may or would have direct, unsupervised and uncontrolled access to children if the employee has been convicted of, pled guilty or nolo contendere, to any of the following crimes. 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 13 20.2.1 A sexual offense in the third or fourth degree under §3-307 or §3-308 of the Criminal Law Article of the Maryland Code or an offense under the laws of another state that would constitute an offense under §3-307 or §3-308 of the Criminal Law Article if committed in Maryland; 20.2.2 Child sexual abuse under §3-602 of the Criminal Law Article, or an offense under the laws of another state that would constitute child sexual abuse under §3-602 of the Criminal Law Article if committed in Maryland; or 20.2.3 A crime of violence as defined in §14-101 of the Criminal Law Article, or an offense under the laws of another state that would be violation of §14-101 of the Criminal Law Article if committed in Maryland, including: (1) abduction; (2) arson in the first degree; (3) kidnapping; (4) manslaughter, except involuntary manslaughter; (5) mayhem; (6) maiming; (7) murder; (8) rape; (9) robbery; (10) carjacking; (11) armed carjacking; (12) sexual offense in the first degree; (13) sexual offense in the second degree; (14) use of a handgun in the commission of a felony or other crime of violence; (15) child abuse in the first degree; (16) sexual abuse of a minor; (17) an attempt to commit any of the crimes described in items (1) through (16) of this list; (18) continuing course of conduct with a child under §3-315 of the Criminal Law Article; (19) assault in the first degree; (20) assault with intent to murder; (21) assault with intent to rape; (22) assault with intent to rob; (23) assault with intent to commit a sexual offense in the first degree; and (24) assault with intent to commit a sexual offense in the second degree. 20.3 Direct unsupervised and uncontrolled access with students is prohibited. If you, as the Contractor/Site Supervisor, witness or suspect your employee(s) entering into a student area, action must be taken immediately to rectify the situation. 20.4 The apparent low bidder shall complete and submit the Employment of Sex Offenders and Other Criminal Offenders Affidavit, which is specified in the bid documents within ten (10) working days of receiving notification of potential award. 20.5 Section §11-722 of the Criminal Procedure Article of the Maryland Code prohibits any person with a contract with a local Maryland school system from knowingly employing an individual to work at the school if the individual is registered as a sex offender pursuant to Section §11-704 of the Criminal Procedure Article. Violation of this paragraph may result in termination of the agreement at HCPS’s discretion. 21.0 CRIMINAL BACKGROUND CHECKS FOR CONTRACTORS Amendments to Section §5-561 of the Family Law Article of the Maryland Code effective July 1, 2015, require each Contractor and Sub-Contractor with a local school system to ensure that any individuals in their work force undergo a criminal background check and fingerprinting if such individual will work in, on or about school premises and the individual will have direct, unsupervised and uncontrolled access to children. The term “work force” means any of the Contractor’s employees or the Contractor’s Sub-Contractors and their employees. Contractor shall cause any member of Contractor’s work force to undergo a criminal history background check, including fingerprinting, if such work force member may or will work in, on or about school premises and may, or will have direct, unsupervised and uncontrolled access to children. Such background check and fingerprinting shall meet the requirements of Section §5-560 to §5-569 of the Family Law Article of the Maryland Code. The cost of such criminal background check and fingerprinting shall be paid by Contractor. HCPS shall have the right, in its sole discretion, to prohibit any individual from performing any work at, or in or about school premises based on such individual’s criminal background check. 21.1 IN ADDITION to the above requirements, Contractors shall comply with the requirements of House Bill 486 passed by the General Assembly in 2019, regarding screening of applicants for employment. 21.1.1 Effective July 1, 2019 21.1.2 MSDE Guidance for House Bill 486 – Child Sexual and Sexual Misconduct Prevention) can be found online at www.marylandpublicschools.org. 21.1.3 Submission of Section 000325 Contract Affidavit (HB 486/SB 541Compliance) is required to be http://www.marylandpublicschools.org/ 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 14 submitted prior to award of contract. 22.0 MINORITY BUSINESS ENTERPRISE PARTICIPATION Minority participation is encouraged on all contracts and non-minority prime contractors are encouraged to use minority subcontractors. Specific requirements may apply to certain bids when State of Maryland School Construction Program funds are utilized. When applicable, a special section in the bid documents will be included as “Minority Business Enterprise Procedures”. When this requirement is included in the bid documents the required certificate, waiver forms, schedule for participation forms must be submitted. Failure to submit said documents may result in a determination that the Bid is non-responsive. If the Contractor is deemed the apparent low bidder, the Minority Business Enterprise documentation described in the bid documents must be submitted within ten (10) working days of receiving notification of potential award. 23.0 LABOR AND RATES OF PAY 23.1 The Awarded Bidder agrees that it shall abide by all applicable provisions of Federal and State law and regulation pertaining to workplace conditions, child labor and that all employees will be treated with dignity and respect. 23.2 The Awarded Bidder agrees to comply with all applicable Federal and State law and regulation relating to payment of wages. 24.0 PROCUREMENT-INVESTMENT ACTIVITIES IN IRAN The Awarded Bidder agrees that it shall abide by and comply with Section 17-701 et seq. of the State Finance and Procurement Article of the Maryland Code, regarding business in Iran. 25.0 CONTRACT The Bid with respect to all items accepted, addenda, agreements and all papers and documents accompanying the same, including these general and special conditions shall constitute the Formal Contract between the Bidder and HCPS. 26.0 TAXES 26.1 Materials, which are incorporated into work under formal or informal contracts, are not exempt from the Maryland State Sales or Use Tax. Awarded Bidders shall be responsible for paying such taxes when purchasing materials. HCPS tax-exempt certificates cannot be used by contract awardees. 26.2 No charge will be allowed for Federal, State or municipal sales and excise taxes from which HCPS is exempt. The price bid shall be net and shall not include any tax. Exemption certificates, if required, will be furnished on forms provided by the Bidder. HCPS is specifically exempt from retail sales tax under Maryland Certificate 3000120-1. Harford County Public Schools, Maryland is a political organization of the State of Maryland under the “Code of Maryland-Title 13A”. The Internal Revenue Code Section 501 specifically exempts political organizations from Federal Income Tax. Harford County Public Schools, Maryland Federal Tax ID is #52-6000955. 27.0 DELIVERIES 27.1 All deliveries shall be accompanied by a delivery ticket or packing slip containing the following information for each item delivered: purchase order number, description/name of article, item number, quantity, and vendor name. 27.2 Failure to comply with the above may be sufficient reason for rejection of shipment. 28.0 BILLING AND PAYMENT 28.1 Each invoice shall list the purchase order number or contract number of HCPS and the items on the invoice shall be listed in the same order as on the purchase order. The original invoice shall be submitted to the Accounts Payable Office, 102 S. Hickory Avenue, Bel Air, Maryland 21014, unless otherwise specified. 28.2 Payment in full will only be made upon final acceptance of items as shown on Purchase Order. Partial 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 15 payments may be paid if partial shipments have been made and received. 28.3 Standard HCPS payment terms are net thirty (30) days. 28.4 HCPS will not pay freight bills, unless stated otherwise. Delivery shall be F.O.B., to the destination(s) as noted on Purchase Order. 29.0 GOVERNING LAW AND DISPUTE RESOLUTION 29.1 The Bid shall be construed in accordance with, and interpreted under, the laws of the State of Maryland. Any lawsuits arising out of such bid shall be filed in the appropriate State Court located in Harford County, Maryland. 29.2 Alternative Dispute Resolution (ADR) may be used at HCPS's sole discretion, but HCPS is not obligated to utilize ADR. 30.0 CONFLICTS OF INTEREST No employee of Harford County Public Schools shall engage in or have a financial interest in any Contract that conflicts or raises a reasonable question of conflict with their duties and responsibilities. Further, Harford County Public Schools may, by written notice of default to the supplier, terminate in whole or in part the Contract if a determination is made that obtaining the Contract was influenced by an employee of Harford County Public Schools having received a gratuity, or promise thereof, in any way or form. 31.0 ORDER OF PRECEDENCE In the event of an inconsistency among provisions of this solicitation, the inconsistency shall be resolved by the following order of precedence: • Specifications • Terms and Conditions • General Provisions 32.0 IT ACCESSIBILITY PROGRAM 32.1 Section 508 of the Rehabilitation Act (29 U.S.C. 794d), as amended in 1998, is a federal law that requires agencies to provide individuals with disabilities equal access to electronic information and data comparable to those who do not have disabilities, unless an undue burden would be imposed on the agency. The Section 508 standards are the technical requirements and criteria that are used to measure conformance within this law. More information on Section 508 and the technical standards can be found at www.section508.gov. 32.2 Section 508 requires agencies, during the procurement, development, maintenance, or use of ICT, to ensure that individuals with disabilities have access to and use of ICT information and data comparable to the access and use afforded to individuals without disabilities (i.e., “ICT accessibility”), unless an undue burden would be imposed on the agency. The Section 508 standards are the technical requirements and criteria that are used to measure conformance with the law and incorporate the W3C Web Content Accessibility Guidelines (WCAG) 2.0. 33. FORCE MAJEURE 33.1 A party shall not be liable for any failure of or delay in the performance of this agreement for the period that such failure or delay is beyond the reasonable control of a party, materially affects the performance of any of its obligations under this agreement, and could not reasonably have been foreseen or provided against, but will not be excused for failure or delay resulting from only general economic conditions or other general market effects. 33.2 The list of events to be included is a matter of negotiation between the parties. Such causes may include, but are not limited to, acts of God, nature or the public enemy, terrorism, invasion, insurrection, order of court, judge, or civil authority, strike, stoppage of labor, riot, and unusually severe weather, significant fires, floods, earthquakes, storms, epidemics, pandemics, quarantine restrictions, strikes, https://nam11.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.section508.gov%2F&data=02%7C01%7CJennifer.Horner%40hcps.org%7Ca1e3d9efdf6a4860130a08d7bad07acd%7Cc1f6ac536b774db594724f104eeac96a%7C0%7C0%7C637183276879099540&sdata=qV1Duw71wZo0HzV97Riah9UBZCloXKjEuFarEJJ8URk%3D&reserved=0 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 16 freight embargos, government regulation, or governmental authorities, and delays which are not caused by any act or omission. 33.3 If either party is delayed by force majeure, the time of contract completion may be extended by contract modification, for a period of time equal to that delay caused under this condition. HCPS may also consider requests for price increase for raw materials that are directly attributable to the cause of delay. HCPS reserves the right to cancel the contract and/or purchase materials, equipment or services from the best available source during the time of force majeure, and Contractor shall have no recourse against HCPS. Further, except for payment of sums due, neither party shall be liable to the other or deemed in default under this contract, if and to the extent that such party’s performance of this contract is prevented by reason of force majeure as defined herein. 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 17 Board of Education of Harford County, Maryland Purchasing Department 102 South Hickory Avenue, Third Floor, Suite 310 Bel Air, Maryland 21014 INSURANCE REQUIREMENTS Food Service and Supply 1. General Insurance Requirements 1.1 The Vendor shall not commence any supply, delivery or installation of any products or materials purchased by the Board of Education of Harford County (the Board) under this Contract until the Vendor has obtained at the Vendor’s own expense all of the insurance as required hereunder and such insurance has been approved by the Board; nor shall the Vendor allow any Subcontractor to commence work on any subcontract until all insurance required of the Subcontractor has been so obtained and approved by the Vendor. Approval of insurance required of the Vendor will be granted only after submission to the Board of original certificates of insurance signed by authorized representatives of the insurers or, at the Board’s request, certified copies of the required insurance policies. 1.2 Insurance as required hereunder shall be in force throughout the term of the Contract and, in accordance with 2.1.1.iii., for two years after final payment by the Board under this Contract. Original certificates signed by authorized representatives of the insurers or, at the Board’s request, certified copies of insurance policies, evidencing that the required insurance is in effect, shall be maintained with the Board throughout the term of the Contract and for two years after final payment by the Board under this Contract. 1.3 The Vendor shall require all Subcontractors to maintain during the term of the Contract commercial general liability insurance, business auto liability insurance, and workers compensation and employers liability insurance to the same extent required of the Vendor in 2.1.1, 2.1.2 and 2.1.3 unless any such requirement is expressly waived or amended by the Board in writing. If any Subcontractor is storing, transporting, and/or delivering the products or materials purchased by the Board under this Contract, the Vendor shall require such Subcontractor(s) to maintain during the term of the Contract transportation (cargo) insurance and employee dishonesty insurance to the same extent required of the Vendor in 3.1 and 3.2. The Vendor shall furnish Subcontractors’ certificates of insurance to the Board immediately upon request. 1.4 All insurance policies required hereunder shall be endorsed to provide that the policy is not subject to cancellation, non-renewal or material reduction in coverage until sixty (60) days prior written notice has been given to the Board. 1.5 No acceptance and/or approval of any insurance by the Board shall be construed as relieving or excusing the Vendor from any liability or obligation imposed upon the Vendor by the provisions of this Contract. 1.6 If the Vendor does not meet the insurance requirements of this Contract, the Vendor shall forward a written request to the Board for a waiver in writing of the insurance requirement(s) not met or approval in writing of alternate insurance coverage, self-insurance, or group self-insurance arrangements. If the Board denies the request, the Vendor must comply with the insurance requirements as specified in this Contract. 1.7 All required insurance coverages must be underwritten by insurers allowed to do business in the State of Maryland and acceptable to the Board. The insurers must also have a policyholders’ rating of “A-“ or better, and a financial size of “Class VII” or better in the latest evaluation by A. M. Best Company, unless Board grants specific approval for an exception. The Board hereby grants specific approval for the acquisition of workers compensation and employers liability insurance from the Injured Workers Insurance Fund of Maryland. 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 18 1.8 Any deductibles or retentions in excess of $10,000 shall be disclosed by the Vendor, and are subject to Board’s written approval. Any deductible or retention amounts elected by the Vendor or imposed by the Vendor’s insurer(s) shall be the sole responsibility of the Vendor. 1.9 Any and all return premiums and/or dividends for insurance or coverage directly charged to the Board by the Vendor in connection with this Contract shall belong to and be payable to the Board. 1.10 If the Board is damaged by the failure or neglect of the Vendor to purchase and maintain insurance as described and required herein, without so notifying the Board, then the Vendor shall bear all reasonable costs properly attributable thereto. 2. Vendor’s Liability Insurance 2.1 The Vendor shall purchase and maintain the following insurance coverages at not less than the limits specified below or required by law, whichever is greater: 2.1.1 Commercial general liability insurance or its equivalent for bodily injury, personal injury and property damage including loss of use, with minimum limits of: $1,000,000 Each Occurrence; $1,000,000 Personal and Adv Injury; $2,000,000 General Aggregate; and $2,000,000 Products/Completed Operations Aggregate This insurance shall include coverage for all of the following: i. Liability arising from premises and operations; ii. Liability arising from the actions of independent contractors; iii. Liability arising from products and completed operations with such coverage to be maintained for two years after final payment by the Board under this Contract; and iv. Contractual liability protection for the Vendor from bodily injury and property damage claims arising out of liability assumed under this Contract. 2.1.2 Business auto liability insurance or its equivalent with a minimum limit of $1,000,000 per accident and including coverage for all of the following: i. Liability arising out of the ownership, maintenance or use of any auto (if no owned autos, then hired and non-owned autos only); and ii. Automobile contractual liability. 2.1.3 Workers compensation insurance or its equivalent with statutory benefits as required by any state or Federal law, including standard “other states” coverage; employers liability insurance or its equivalent with minimum limits of: $100,000 Each accident for bodily injury by accident; $100,000 Each employee for bodily injury by disease; and $500,000 Policy limit for bodily injury by disease. 2.1.4 Umbrella excess liability or excess liability insurance or its equivalent with minimum limits of: $1,000,000 Per occurrence; $1,000,000 Aggregate for other than products/completed operations and auto liability; and $1,000,000 Products/completed operations aggregate. And including all of the following coverages on the applicable schedule of underlying insurance: 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 19 i. Commercial general liability; ii. Business auto liability; and iii. Employers liability 2.1.5 The Board of Education of Harford County and its elected and appointed officials, officers, employees and authorized volunteers shall be named as additional insureds on the Vendor’s commercial general liability insurance and umbrella excess or excess liability insurance policies, if any, with respect to liability arising out of the products and/or materials, their installation or delivery, or related services provided under this Contract by Vendor. Such coverage shall extend to cover the additional insured(s) for liability arising out of the following: i. On-going operations; ii. Board’s general supervision of installation, delivery and/or other services as provided by the Vendor under this Contract; and iii. Products and completed operations. The commercial general liability policy and the umbrella excess liability or excess liability policies, if required herein, must include additional insured language, which shall afford liability coverage for all of the exposures listed above in i., ii. and iii., as follows: “The Board of Education of Harford County and its elected and appointed officials, officers, employees and authorized volunteers are named as additional insureds on this commercial general liability insurance with respect to liability arising out of the services provided by the Named Insured under Contract: __________________________________________________________________ (Enter specific identifying information such as project name, Board’s contract number and/or date of contract).” Special Notes: ISO form CG 2026 12/19 or its Equivalent, entitled “Additional Insured – Owners, Lessees or Contractors – Scheduled Person or Organization” (previously Forms A and B respectively) are NOT ACCEPTABLE. ISO form CG 2026 entitled “Additional Insured – Designated Person or Organization” or a manuscript endorsement with the above wording is required. 2.1.6 Insurance or self-insurance provided to the Board of Education of Harford County and its elected and appointed officials, officers, employees and authorized volunteers under any Vendor’s liability insurance of self-insurance required herein, including, but not limited to, umbrella and excess liability or excess liability policies, shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of insurance or self-insurance. (Any cross suits or cross liability exclusion shall be deleted from Vendor’s liability insurance policies required herein.) 2.1.7 Insurance or self-insurance provided to the Board of Education of Harford County and its elected and appointed officials, officers, employees and authorized volunteers as specified herein shall be primary, and any other insurance, self-insurance, coverage or indemnity available to the Board and its elected and appointed officials, officers, employees and authorized volunteers shall be excess of and non-contributory with insurance of self- insurance provided to the Board and its elected and appointed officials, officers, employees and authorized volunteers as specified herein. 2.2 If any liability insurance purchased by the Vendor has been issued on a “claims made” basis, the Vendor must comply with the following additional conditions: i. The Vendor shall agree to provide certificates of insurance evidencing the above coverages for a period of two years after final payment by the Board under this Contract. Such certificates shall evidence a retroactive date no later than the inception date of this Contract; or ii. The Vendor shall purchase an extended (minimum two years) reporting period endorsement for each such “claims made” policy in force as of the 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 20 expiration or termination date of this Contract and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself. Such certificate or copy of the endorsement shall evidence a retroactive date no later than the inception date of this Contract. 3. Vendor’s Property Insurance 3.1 The Vendor (or Subcontractor) storing, transporting and/or delivering the products or materials purchase by the Board under this Contract shall purchase and maintain transportation (cargo) insurance on incoming goods in its care, custody or control, while such property is being loaded, is in transit, is being unloaded and until such time property is set at its final destination. Such insurance shall value incoming goods in transit at the amount of the selling invoice plus prepaid or advanced freight charges. Property not under invoice shall be valued at the cost to repair or replace the lost or damaged incoming goods. Such insurance shall be written at per conveyance and per occurrence limits equal to or in excess of the total selling price value of the largest shipment of incoming goods purchased under this Contract or at other limits acceptable to the Board. 3.2 The Vendor (or Subcontractor) storing, transporting and/or delivering the products or materials purchased by the Board under this Contract shall purchase and maintain blanket employee dishonesty insurance, which shall pay for loss of the products or materials purchased by the Board under this Contract when caused by the dishonest acts of the Vendor’s (or subcontractor’s) employees, at a limit equal to or in excess of the total selling price value of the largest shipment of incoming goods purchased under this Contract or at another limit acceptable to the Board. 3.3 The Vendor (or Subcontractor) storing, transporting and/or delivering the products or materials purchased by the Board under this Contract shall be responsible for payment of any deductibles applicable under this transportation insurance, employee dishonesty insurance or other property insurance applicable to the incoming goods. 4. Indemnification To the fullest extent permitted by law, Vendor agrees to defend, indemnify, pay on behalf of and save harmless the Board of Education of Harford County, its elected and appointed officials, agents, employees and authorized volunteers against any and all claims, liability, demands, suits or loss, including attorneys’ fees and all other costs connected therewith, arising out of or connected to the supply, delivery or installation of any products or materials provided by Vendor under this Contract. 5. Waiver of Subrogation To the fullest extent permitted by law, the Vendor and its invitees, employees, officials, volunteers, agents and representatives waive any right of recovery against the Board of Education of Harford County for any and all claims, liability, loss, damage, costs or expense (including attorneys’ fees) arising out of the supply, delivery or installation of any products or materials provided by Vendor under this Contract. Vendor specifically waives any right of recovery against the Board and its elected and appointed officials, officers, volunteers, agents and employees for personal injury (and any resulting loss of income) suffered while working on behalf of the Board as an independent contractor. Such waiver shall apply regardless of the cause of origin of the injury, loss or damage, including the negligence of the Board and its elected and appointed officials, officers, volunteers, agents and employees. The Vendor shall advise its insurers of the foregoing. 6. Acknowledgment of Vendor’s Independent Contractor Status and no Coverage For Vendor Under Board’s Workers Compensation Coverage Vendor hereby acknowledges its status as an independent contractor while supplying, delivering or installing products or materials on behalf of the Board and that the Board’s workers compensation coverage or self-insurance is not intended to and will not respond to cover any medical or indemnity loss 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 21 arising out of injury to the Vendor or its employees during the Vendor’s provision of goods or services to the Board. To the fullest extent permitted by law, the Vendor specifically waives any right of recovery against the Board and its elected and appointed officials, officers, volunteers, agents and employees for personal injury (and any resulting loss of income) suffered during the Vendor’s provision of goods or services as an independent contractor for the Board. Such waiver shall apply regardless of the cause of original of the injury, loss or damage, including the negligence of the Board and its elected and appointed officials, officers, volunteers, agents and employees. The Vendor shall advise its insurers of the foregoing. 7. Damage To Property of The Vendor And Its Invitees To the fullest extent permitted by law, the Vendor shall be solely responsible for any loss or damage to property of the Vendor or its invitees, employees, officials, volunteers, agents and representatives while such property is on, at or adjacent to the premises of the Board. 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 22 HARFORD COUNTY PUBLIC SCHOOLS 102 South Hickory Avenue Bel Air, MD 21014 BID SPECIFICATIONS BID # 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 1. GENERAL INFORMATION 1.1 These specifications in addition to and/or in place of similar paragraphs in the Board of Education of Harford County (hereafter referred to as Harford County Public Schools or HCPS), Instructions to Bidders, are intended to furnish all necessary permits, plant, labor, equipment, materials, supervision, tools, insurance, services, and all related incidentals required to cover the removal and disposal of existing equipment, and to furnish, deliver and install ovens at these locations: 1.1.1 Bel Air Middle School 99 Idlewild St. Bel Air, MD 21014 1.1.2 North Harford Middle School 112 Pylesville Rd Pylesville, MD 21132 1.1.3 Emmorton Elementary School 2502 S Tollgate Rd. Bel Air, MD 21015 1.1.4 Dublin Elementary School 1527 Whiteford Rd. Street, MD 21154 1.1.5 Abingdon Elementary School 399 Singer Rd. Abingdon, MD 21009 1.1.6 Norrisville Elementary School 5302 Norrisville Rd White Hall, MD 21161 1.2 It is the intent of these specifications to provide prospective bidders with complete information relative to the total performance of any resulting Contract. Bidders are obligated to read and understand all parts of this Invitation for Bid and to obtain clarification of any part not thoroughly understood. 1.3 The equipment listed within this solicitation was selected by HCPS due to standardized equipment throughout the district. 1.4 The contract resulting from this solicitation will be coordinated through the Food & Nutrition Department. 2. SCOPE OF WORK 2.1 It is the intention of Harford County Public Schools to replace the current ovens at the locations listed above. The requirements outlined herein are intended as an aid to acquaint bidders with what could be required to execute the purchase of equipment under this contract. 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 23 2.2 The Awarded Bidder shall remove and dispose of existing equipment, and furnish, deliver, and install the new equipment at each location. The Awarded Bidder shall provide the equipment and installation in accordance with industry standards or manufacturer recommendations. 2.3 The Awarded Bidder shall furnish the equipment items stated herein completely assembled, wiped down, set in place where designated, upgrade electric to support services needed for the new outdoor walk-in cooler/freezer to meet electrical code and make ready for use. 2.4 HCPS will not be responsible for or will not furnish help unloading or setting place of said equipment. All crating and packing materials shall be removed from the site by Awarded Bidder. Existing location is on the ground level. 2.5 Replacement or repair of any cosmetic floor or wall damage as a result of installation is also required. 2.6 All work is to be performed during regular business hours with coordination and approval from the Food and Nutrition Office Monday through Friday, 7:00am – 3:00pm. Between June 20, 2023, through August 11, 2023 regular business hours will be Monday – Thursday 7:00am – 5:00pm. No work is to be performed on school holidays. 2.7 Receipt of equipment at delivery to facility needs to be at a pre-scheduled time, with at least a two (2) week notice. 2.8 Disconnect, remove and dispose of ovens at six (6) Harford County Public Schools locations. 2.9 Install new specified equipment and make all utility connections as required. 2.10 Electric 2.10.1 HCPS will coordinate electrical upgrade once vendor has delivery date available. 2.10.2 Awarded Bidder will be required to make final tying within 5 feet to existing utilities. 2.11 Perform startup and train operators on each piece of equipment installed 2.12 New equipment must match the location’s current utility set-up: 2.12.1 Electrical, gas lines, plumbing/drains, and venting (if applicable) 2.12.1.1 National Electrical Code and/or other local electrical codes 2.12.1.2 Plumbing connections shall comply with applicable Sanitary, Safety and Plumbing Codes. 2.13 All work shall be approved by the HCPS Food and Nutrition Department. HCPS reserves the right of final approval for any work at the time of job completion. If the work is not acceptable, the Awarded Bidder will be called in to review and correct all problem areas without additional cost to HCPS. Any work necessary will be performed in accordance with a schedule jointly agreed upon, within thirty (30) days. Failure of the Awarded Bidder to correct deficiencies, in a timely manner, may result in HCPS contracting with another vendor to correct deficiencies. The Awarded Bidder may then be responsible for the associated cost(s). 3. TECHNICAL SPECIFICATIONS 3.1 Disconnect, remove, and dispose of existing ovens at various locations operated by HCPS. 3.2 Supply install, connect and place into service south bend ovens per quantity and specifications as 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 24 directed below. 3.2.1 Bel Air Middle School. (Bid Form Item 1) Disconnect, remove, and dispose of two (2) ovens, supply and install the following: South Bend Model SLGS/22SC (Natural Gas) • Patented, high efficiency, inshot burners • 72,000 BTU (NAP or LP) per oven cavity • Standard depth • Double deck convection oven is 66.8” in height • Patented “plug-in, plug-out” control panel • Slide out control panel for full view servicing • Stainless Steel front, top and sides • Dependent glass doors (Full 180” opening) • Energy saving high efficiency glass windows • Heat keeping dual door seal system • Coved, fastener-free, porcelain interior • Stay cool heavy duty door handle • Soft Air, two speed, 1⁄2 hp, fan motor • 11-position rack guides and 5 plated oven racks • Electronic ignition with solid state temperature controls • Forced cool down fan mode • Oven “heat” light cycles with burners • Interior oven lights • Available Controls SC-Standard Controls 140°F to 500°F solid state thermostat • 60 minute mechanical cook timer • New dormont quick disconnect gas hose • Legs/Feet will need to be adapted to fit 2 tier height 3.2.2 North Harford Middle School. 480 Volts 3 PH (Bid Form Item 2) Disconnect, remove, and dispose of two (2) ovens, supply and install the following: 2 - South Bend Model SLES/20SC • Energy Star Compliant (Standard depth) • 11 kW high efficiency heating elements • Standard depth • Double deck convection oven is 64.8” in height • Patented “plug-in, plug-out” control panel – easy to service • Slide out control panel for full view servicing • Stainless Steel front, top and sides • Dependent glass doors (Full 180° opening) • Energy saving high efficiency glass windows • Heat keeping dual door seal system • Covered, fastener-free, porcelain interior • Stay cool heavy duty door handle • Two speed, 1⁄2 hp, fan motor • 11-position rack guides and 5 plated oven racks • Solid state temperature controls • Forced cool down fan mode • Oven “heat” light cycles with burners • Interior oven lights • Available Controls – SC -Standard Controls 140°F to 500°F solid state thermostat 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 25 and 60-minute mechanical cook timer with 6” casters 3.2.3 Emmorton Elementary School. 480 volt 3 PH (Bid Form Item 3) Disconnect, remove, and dispose of one (1) oven, supply and install the following: South Bend Model SLES/20SC • Energy Star Compliant (Standard depth) • 11 kW high efficiency heating elements • Standard depth • Double deck convection oven is 64.8” in height • Patented “plug-in, plug-out” control panel – easy to service • Slide out control panel for full view servicing • Stainless Steel front, top and sides • Dependent glass doors (Full 180° opening) • Energy saving high efficiency glass windows • Heat keeping dual door seal system • Covered, fastener-free, porcelain interior • Stay cool heavy duty door handle • Two speed, 1⁄2 hp, fan motor • 11-position rack guides and 5 plated oven racks • Solid state temperature controls • Forced cool down fan mode • Oven “heat” light cycles with burners • Interior oven lights • Available Controls – SC -Standard Controls 140°F to 500°F solid state thermostat and 60-minute mechanical cook timer with 6” casters 3.2.4 Dublin Elementary School 208 volt 3 PH (Bid Form Item 4) Disconnect, remove, and dispose of one (1) oven, supply and install the following: South Bend Model SLES/20SC • Energy Star Compliant (Standard depth) • 11 kW high efficiency heating elements • Standard depth • Double deck convection oven is 64.8” in height • Patented “plug-in, plug-out” control panel – easy to service • Slide out control panel for full view servicing • Stainless Steel front, top and sides • Dependent glass doors (Full 180° opening) • Energy saving high efficiency glass windows • Heat keeping dual door seal system • Covered, fastener-free, porcelain interior • Stay cool heavy duty door handle • Two speed, 1⁄2 hp, fan motor • 11-position rack guides and 5 plated oven racks • Solid state temperature controls • Forced cool down fan mode • Oven “heat” light cycles with burners • Interior oven lights • Available Controls – SC -Standard Controls 140°F to 500°F solid state thermostat and 60-minute mechanical cook timer with 6” casters 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 26 3.2.5 Abingdon Elementary School 480 volt 3PH. (Bid Form Item 5) Disconnect, remove, and dispose of one (1) oven, supply and install the following: South Bend Model SLES/20SC • Energy Star Compliant (Standard depth) • 11 kW high efficiency heating elements • Standard depth • Double deck convection oven is 64.8” in height • Patented “plug-in, plug-out” control panel – easy to service • Slide out control panel for full view servicing • Stainless Steel front, top and sides • Dependent glass doors (Full 180° opening) • Energy saving high efficiency glass windows • Heat keeping dual door seal system • Covered, fastener-free, porcelain interior • Stay cool heavy duty door handle • Two speed, 1⁄2 hp, fan motor • 11-position rack guides and 5 plated oven racks • Solid state temperature controls • Forced cool down fan mode • Oven “heat” light cycles with burners • Interior oven lights • Available Controls – SC -Standard Controls 140°F to 500°F solid state thermostat and 60-minute mechanical cook timer with 6” casters 3.2.6 Norrisville Elementary School 208 volt 3PH. (Bid Form Item 6) Disconnect, remove, and dispose of one (1) oven, supply and install the following: South Bend Model SLES/10SC • Energy Star Compliant (Standard depth) • 11 kW high efficiency heating elements • Standard depth • Double deck convection oven is 55” in height (with optional casters) • Patented “plug-in, plug-out” control panel – easy to service • Slide out control panel for full view servicing • Stainless Steel front, top and sides • Dependent glass doors (Full 180° opening) • Energy saving high efficiency glass windows • Heat keeping dual door seal system • Covered, fastener-free, porcelain interior • Stay cool heavy duty door handle • Two speed, 1⁄2 hp, fan motor • 11-position rack guides and 5 plated oven racks • Solid state temperature controls • Forced cool down fan mode • Oven “heat” light cycles with burners • Interior oven lights • Available Controls – SC -Standard Controls 140°F to 500°F solid state thermostat and 60-minute mechanical cook timer with 6” casters • Ventless design option stainless steel legs with rack pan guide kit 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 27 4. SITE INSPECTION 4.1 A pre-bid conference is scheduled to begin at 10:00 am on May 5, 2023, at Bel Air Middle School. Prospective bidders are required to sign in as visitors at the Main Office. Potential bidders are strongly encouraged to attend. 4.2 Bidders are responsible for site visitation and confirmation of existing conditions. 4.3 Failure to become familiar with the site will not relieve a successful bidder of his obligation to furnish all materials, labor, and services necessary to carry out the provisions of the specifications herein. 4.4 The Bidder shall be responsible for total requirements and must submit their bid based on a completed installation ready for its intended use. 4.5 Dimensions and the layout of the location and existing equipment are not supplied. Bidders shall individually and carefully field measure all dimensions and other conditions affecting the work and shall be responsible for proper installation of the new equipment in the areas designated. 4.6 If needed, an additional site inspection may be made and can be scheduled through the Food Service Maintenance Chief, Jeffrey Wilson at 410-638-4078. Any site inspection shall not impact school instruction. 5. SPECIFIC CONDITIONS 5.1 It is the sole responsibility of the Bidder to call to the attention of Sara Rowe at Sara.Rowe@hcps.org, of any discrepancies in specifications, IN WRITING, at least FIVE (5) working days PRIOR TO THE OPENING OF THE BID. Any errors, omissions or incompatibilities noted after the bid opening shall be the Bidder’s responsibility and shall in no way release them from performing all work in accordance with good practices and in accordance with the true meaning and intent of the Scope of Work and the Specifications for this project. 5.2 No bid will be considered from any person, firm or corporation who has defaulted in the performance of any contract or agreement made with Harford County Public Schools, or conclusively shown to have failed to perform, or complete on time, a contract(s) or project(s) of similar nature. HCPS will consider past performance, i.e. the quality of services of bidders who have previously contracted with HCPS for similar services. 5.3 Illustrated operational, instructional and parts manuals shall be furnished with each piece of equipment delivered under this contract and shall be provided at no further cost to Harford County Public Schools. 5.4 All materials furnished in carrying out this contract shall be of the quality required by the specification. Any unsatisfactory or damaged materials furnished shall be removed and satisfactorily replaced by the Awarded Bidder when notified in writing to do so by HCPS. If the Awarded Bidder shall neglect or refuse to remove such unsatisfactory or damaged materials within a reasonable amount of time after the serving of the above mentioned notice, Harford County Public Schools may remove said materials, or case the same to be removed, and satisfactorily replaced by contract, or otherwise, as may be considered expedient, and the expense thereof shall be charged to the Awarded Bidder and such expense so charged shall be deducted from any money due or to become due under the Contract. No such rejected material shall be again offered for use on any contract with Harford County Public Schools. 5.5 The Awarded Bidder shall, without additional cost to Harford County Public Schools, be responsible for obtaining all necessary licenses and permits. The Awarded Bidder shall comply with all FEDERAL, STATE, AND LOCAL LAWS, CODES AND REGULATIONS in connection with the performance of the work. Licenses and permits shall apply to the Contract throughout and shall be deemed to be included in the Contract the same as through herein written out in full. 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 28 5.6 All work is to be handled in complete compliance with OSHA and MOSHA requirements. Every effort is to be made to ensure the safety of all individuals during work, as well as, during operation. 5.7 Awarded Bidder shall assume full responsibility and liability for the protection of workers and persons occupying areas adjacent to the delivery and pick-up sites, except and unless damage, loss, injury, or illness is caused by the negligence or tortious miscount of HCPS employees. 5.8 Awarded Bidder shall have available, copies of all applicable codes, regulations, standards, documents, and this specification. 5.9 Where conflicts among the requirements of the codes, regulations, standards, documents, and this specification exist, the most stringent requirement shall be utilized by the Awarded Bidder. 5.10 All work shall be performed in a neat, workmanlike manner in full compliance with standards acceptable to the trade. Adequate precautions shall be taken for the safety of personnel and for prevention of damage or defacing of any portion of the building or property. 5.11 When available, HCPS shall make available to the Awarded Bidder any required utilities for the work under the Contract. Accidental interruption(s) of utilities caused by the Awarded Bidder, and repair thereto, shall be the responsibility or expense of the Awarded Bidder. 5.12 The Awarded Bidder shall be responsible for their work until its completion and final acceptance by HCPS. 5.13 Storage of any tools, equipment, or materials incidental to the performance of the Contract must be coordinated with the Food Service Maintenance Chief of the HCPS Food and Nutrition Department and will be at the Awarded Bidder’s risk. NO TOOLS, EQUIPMENT OR MATERIALS MAY BE STORED IN THE SCHOOL. The Awarded Bidder shall repair or replace any of the same, which may be damaged, lost or stolen without additional cost to HCPS. 5.14 All hazardous waste will be identified as defined by Federal, State, and Local laws, regulations, and guidelines currently in effect. Additionally, all hazardous waste resulting from work at this site under these specifications must be removed properly disposed of in accordance with all applicable Federal, State, and Local laws, guidelines, and regulations. 5.15 Asbestos Containing Materials (ACM) – In the event the Awarded Bidder encounters any materials suspected of being asbestos or containing asbestos, the Awarded Bidder shall not disrupt such material but shall immediately stop work and notify the Harford County Public Schools Food Service Maintenance Chief. In the event asbestos identification or abatement is required, the same shall be performed by HCPS and not the Awarded Bidder. The AHERA Management Plan for each building is available for review, and the Awarded Bidder is required to make full use of this document. Unless otherwise specified in the Contract, asbestos removal and abatement is not the Awarded Bidder’s responsibility or obligation. In the event the Awarded Bidder performs any work with respect to any materials suspected of being ACM or containing ACM after encountering same, the Awarded Bidder shall pay and indemnify HCPS with respect to any and all cost(s) of remediation or damages arising out of the Awarded Bidder’s continuation of work after encountering materials which are suspected of containing ACM or being ACM. NO materials provided under this contract shall contain asbestos. HCPS shall be entitled to pursue all remedies including but not limited to immediate termination of the Contract in the event the Awarded Bidder fails to comply with any obligations set forth above. 5.16 The documents contained within this Invitation for Bid, constitutes the only terms and conditions agreed upon between HCPS and the Awarded Bidder. Modifications, alterations, changes, or amendments must be agreed upon in writing and signed by both parties. 5.17 Any and all exceptions to the bid documents must be clearly noted at the time of bid submission and included under a separate submission labeled “Exceptions”. Exceptions may deem the bid non-responsive. 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 29 5.18 Bidders providing incomplete or inaccurate information to HCPS are subject to immediate termination of the contract or rejection of their bid as non-responsive. 5.19 Bidders are solely responsible for their expenses, if any, in preparing a response to this Invitation for Bid. 6. FORM OF PROPOSAL 6.1 All pricing must be submitted on the Bid Form; all blank spaces shall be filled in and properly signed. 6.2 Bidders shall state on the Bid Form lead time of the item being offered. 6.3 All costs of removing and disposing of old equipment, furnishing, delivering, and installing of the new equipment shall be incorporated into the bid price. 6.4 All bids shall be made in accordance with the Bid Form. All bids which stipulate a condition or combination other than specified may be rejected. No bidder will be allowed to offer more than one item for each item specified, even though they may feel that they have more types that meet specifications. Bidders must determine for themselves which to offer. If said bidder should submit more than one item for any item specified, those items may be rejected. 6.5 Due to possible changes and/or additions to the solicitation package, HCPS requests that bidders delay submission of their bid package until after the date that questions are due, to allow time for the possible issuance of an addendum. All changes will be processed through appropriate addenda. 7. AWARD 7.1 Harford County Public Schools intends to award to the lowest responsive and responsible bidder(s) meeting the specifications. HCPS reserves the right to award by line item or in total or make no award. HCPS is not obligated, but reserves the right, to award to one or more responsive and responsible bidder(s) offering the lowest pricing and is deemed to be in the best interest of HCPS. 7.2 HCPS may reject any bid which contains omissions, altered forms, additions, or imposes conditions or offers alternate items. HCPS may make any award which is deemed in the best interest of Harford County Public Schools or make no award at all, at its sole discretion. 7.3 Harford County Public Schools reserves the right to accept or reject any or all bids and to waive any informalities in bids received whenever such rejection or waiver is in the best interest of HCPS. 7.4 Conditional or unbalanced bids will not be accepted and may be deemed non-responsive. 7.5 Submission of a proposal, in response to this solicitation, shall mean that the Bidder can complete all work “as specified” within the specified time frame. 7.6 HCPS reserves the right to reject any bid if the evidence submitted by a bidder, or from the investigation of such bidder, fails to satisfy HCPS that such bidder is qualified to perform the obligations of the contract. 7.7 HCPS does not guarantee that all or any work will be done and reserves the right to reject all bids and to re-bid at its sole discretion. 7.8 HCPS reserves the right to add awarded bidder(s) to this contract, within one (1) year of contract award, if the initial awarded bidder(s) cannot fulfill all of the requirements. 7.9 HCPS reserves the right to utilize the services of the next favorably priced responsive and responsible bidder, if for any reason the preceding Awarded Bidder is unable to fulfill their 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 30 contractual obligations within one (1) year of contract award. 7.10 In the event the Awarded Bidder(s) cannot deliver the services of the Contract in accordance with the specifications, HCPS reserves the right to purchase the services on the open market to assure the continued operation of HCPS. The difference in the open market cost and bid price will be at the expense of the Awarded Bidder. 8. DISCOUNTS It shall be the responsibility of the Awarded Bidder to provide notification of any promotional allowances, volume incentives, and/or rebates. The Awarded Bidder shall also provide any necessary forms and documentation needed to redeem such discounts. 9. PROJECT TIMELINE Installation of equipment, in full working condition, is preferred to occur no later than August 18, 2023 (dependent on availability of the product). 10. BILLING AND PAYMENT 10.1 Harford County Public Schools will issue a Purchase Order for work to be completed listed on the Bid Form. 10.2 Invoice must reflect the amount provided on the Bid Form. 10.3 Invoices must be submitted to the Accounts Payable Department, 102 S. Hickory Avenue, Bel Air, MD 21014, referencing the Contract and/or Purchase Order number. 10.4 A copy of all invoices are to be sent to the Food and Nutrition Department, 101 Industry Lane, Forest Hill, MD 21050, referencing the contract number and/or Purchase Order number. 10.5 Awarded Bidder must accept payment by PCard, conventional check, or other electronic means at HCPS’ option. 10.6 Standard HCPS payment terms are net thirty (30) days, after receipt of an approved invoice. 11. GUARANTEE/WARRANTY 11.1 From the date of acceptance of the items delivered, the Contractor shall unconditionally guarantee the materials of all equipment furnished by them, for a minimum period of one (1) year or throughout the manufacturer’s warranty period, whichever is longer. 11.2 Full warranty information is to be provided with the equipment. 11.3 If within the guarantee period, any defects or signs of deterioration are noted, which, in the opinion of Harford County Public Schools are due to faulty design, upon notification, the Contractor, at his expense, shall repair and/or adjust the equipment or parts to correct the conditions, or he shall replace the part or entire unit to the complete satisfaction of HCPS. These repairs, replacements, or adjustments shall be made only at such times as designated by the authorized representative of HCPS and least detrimental to the school’s program. 11.4 All warranties, expressed or implied, shall survive delivery, inspection, acceptance, and payment. 12. TAXES AND PERMITS 12.1 Sales to the State of Maryland or any of its political subdivisions are exempt from retail sales tax. However, contractors or builders purchasing tangible personal property in the performance of their contract for the construction, repair or alteration of real property for the State of Maryland or any of its political subdivisions are not tax exempt. 23-SRP-034 REMOVAL AND REPLACEMENT OF KITCHEN OVENS 31 12.2 Awarded Bidder shall obtain and pay for any permits required and provide a copy to HCPS as well as post a copy on site. 13. DELIVERY 13.1 Delivery shall be made during the hours of during regular business hours with coordination and approval from the Food and Nutrition Office Monday through Friday, 7:00am – 3:00pm,except for school holidays. Between June 20, 2023 through August 11, 2023 regular business hours will be Monday – Thursday 7:00am – 5:00pm. 13.2 In no event shall equipment deliveries be made without prior notification and approval. If the Awarded Bidder fails to provide such advance notice it shall be considered sufficient reason for non-acceptance of the delivery until satisfactory arrangements can be made for proper handling and storage. 13.3 Deliveries shall be made inside of the school building and the equipment shall be placed so as not to block entrances, exits, or corridors and in an appropriate area as designated by school personne