WASHINGTON COUNTY PUBLIC SCHOOLS ADMINISTRATIVE CENTER

Transcription

1 WASHINGTON COUNTY PUBLIC SCHOOLS ADMINISTRATIVE CENTER Renovations to the WCPS Bid # Downsville Pike Hagerstown, Maryland Washington County Public Schools PROJECT MANUAL September 4, 2013 Owner: BOARD OF EDUCATION OF WASHINGTON COUNTY 820 Commonwealth Avenue Hagerstown, Maryland Architect: KING, ASBURY & ASSOCIATES, PC 6 N. East Street, Suite 300 Frederick, Maryland (301) , FAX (301) Mechanical Engineer: RHL ENGINEERING COMPANY 3 W. 2 nd St. Frederick, Maryland (301)

2 TABLE OF CONTENTS Section Title Division 0 Conditions of the Contract Section Cover Sheet Section Bid Advertisement Section Project Directory Section Invitation to Bidders Section AIA Document A Instruction to Bidders Section No Bid Reply Form Section Standard Form of Proposal Section AIA Document A Bid Bond Section AID Document A Performance Bond Section Payment Bond Form Section Proposal/Contract Affidavit Section AIA Document A General Conditions of the Contract for Construction Section Supplemental Conditions to the AIA Document A General Conditions of the Contract for Construction Section AIA Document A Standard From of Agreement Between Owner and Contractor Section AIA Document G701 Change Order Form Section AIA Document G Application and Certificate for Payment Section Change Order Request Form Section Drawing Index Division 01 General Requirements Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Summary Allowances Alternates Contract Modification Procedures Unit Prices Payment Procedures Project Management and Coordination Submittal Procedures Quality Requirements References Temporary Facilities & Controls Product Requirements Execution Requirement Selective Demolition Project Record Documentation Operation and Maintenance Data TOC - 1

3 Section Demonstration and Training Division 03 Concrete Section Miscellaneous Cast-in-Place Concrete Division 04 Masonry Section Unit Masonry Division 05 Metals Section Section Metal Fabrications Pipe and Tube Railings Division 06 Wood and Plastics Section Section Section Miscellaneous Carpentry Sheathing Plastic-Laminate-Faced Architectural Cabinetry Division 07 Thermal and Moisture Protection Section Section Section Building Insulation Through-Penetration Firestopping Joint Sealants Division 08 Doors and Windows Section Section Section Section Section Section Steel Doors and Frames Flush Wood Doors Aluminum Framed Entrances Door Hardware Glazing Mirrors Division 09 Finishes Section Section Section Section Section Section Section Section Non-Loadbearing Steel Framing Gypsum Board Ceramic Wall Tile Acoustical Panel Ceilings Resilient Floor Tile Resilient Wall Base and Accessories Exterior Painting Interior Painting TOC - 2

4 Division 10 Specialties Section Section Toilet Compartments Toilet and Bath Accessories Division 12 Furnishings Section Section Vertical Louver Blinds Roller Shades Division 15 Mechanical Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section Section General Mechanical General Products and Materials Pipe and Pipe Fittings Valves, Cocks and Faucets Insulation Duct Insulation Plumbing Plumbing Fixtures and Trim Electric Heaters Ductwork Exhaust Fans Packaged Equipment Registers, Grilles, Diffusers Automatic Temperature Controls ATC Commissioning Services Commissioning Services Division 16 Electrical Section Section Section Section Section Section Section Section Section Section Section General Provisions Basic Materials and Methods Firestopping Service and Distribution Grounding Lighting Sound System Auditorium Sound System Addressable Fire Alarm System Access Control and Security System Computer Network System TOC - 3

5 BID ADVERTISEMENT Notice is hereby given that Washington County Public Schools will accept sealed bids for Renovations to the WCPS, Bid No The Pre-Bid meeting is scheduled for Tuesday, September 10, 2013 at 10:00 AM local time at the WCPS, located at Downsville Pike, Hagerstown, MD All qualified general contract bidders are encouraged to attend. Contractors must be pre-qualified to obtain the bid solicitation documents. To check whether your company is pre-qualified, contact Michelle Schultz in the Purchasing Department at or For pre-qualified contractors, specifications and instructions may be obtained by contacting Cindy Scully in the Washington County Public Schools Purchasing Department at or Bid proposals must be received in the WCPS Purchasing Department, 820 Commonwealth Ave., Hagerstown, MD no later than Wednesday, September 25, 2013 at 10:00 AM local time, at which place and time the bids will be opened and read aloud. Minority Business Enterprises are encouraged to respond to this solicitation notice. The Board of Education of Washington County, Maryland reserves the right to reject any or all bids, waive informalities in the bids, and select the Bid Proposal that will serve its best interest. The Board of Education of Washington County, Maryland does not discriminate on the basis of race, color, sex, age, national origin, religion or disability. By order of: Washington County Public Schools Lisa C. Freeman, C.P.M. Supervisor of Purchasing

6 PROJECT DIRECTORY OWNER S REPRESENTATIVE Bradley J. Otto, P.E. Washington County Public Schools Phone: Commonwealth Avenue Fax: Hagerstown, Maryland ottobra@wcps.k12.md.us PROJECT MANAGER Bradley J. Otto, P.E. Washington County Public Schools Phone: Commonwealth Avenue Fax: Hagerstown, Maryland ottobra@wcps.k12.md.us DESIGN PROFESSIONAL Robert M. Asbury, AIA, LEED AP King, Asbury & Associates, PC Phone: N East Street Frederick, MD asburyr@kingasbury.com

7 820 Commonwealth Avenue Hagerstown MD INVITATION TO BID September 4, 2013 Bid: # , Renovations to the WCPS Pre-Bid Meeting: Tuesday, September 10, 2013 at 10:00 AM Local Time at the WCPS, Downsville Pike, Hagerstown, Maryland Bid Inquiries to: Mrs. Lisa C. Freeman, C.P.M. Supervisor of Purchasing (WCPS) Phone (301) ; Please copy Brad Otto at Place of Bid Opening: The WCPS Purchasing Department Office, 820 Commonwealth Avenue, Hagerstown, MD Date and Hour of Bid Opening: Wednesday, September 25, 2013 at 10:00 AM Local Time Bids shall be submitted in duplicate, along with additional documentation required per the Bid Solicitation instructions, in a Sealed Envelope showing Bid Name and Due Date on the outside of the envelope. Faxed or ed bids will not be accepted. Bids delivered in person should be carried directly to the Purchasing Department and handed to a Purchasing Department staff member prior to the bid due date/time to ensure the bid is properly filed in advance of the Bid Opening. Bids not received prior to the day/time designated for the bid opening, or bids not submitted to the Purchasing Staff, may not be properly filed. Such bids, upon discovery by the Purchasing Official, will be refused and/or returned unopened to the Bidder. The Purchasing Department is open Monday through Friday, 8:00 am 12:00 pm and 1:00 pm 4:30 pm local time, except national and school holidays. Address Mail or Delivery Package to: Attention Lisa C. Freeman, Supervisor of Purchasing Telephone: (301)

8 820 Commonwealth Avenue Hagerstown MD TO VIEW CURRENT SOLICITATIONS, PLEASE SEE THIS WEB ADDRESS: FOR BID RESULTS, PLEASE SEE THIS WEB ADDRESS: Bid Solicitation Document includes the following: Instructions to Bidders (AIA A701) General Conditions (AIA A201) Technical Specifications Affidavit to Bid Terms & Conditions (AIA A101) Signature Sheet Plans/Drawings/Schematics (incomplete- add l drawings will be issued via addendum) Proposal Form No-Bid Reply Form 2

9 820 Commonwealth Avenue Hagerstown MD INVITATION TO BID, CONTINUED NOTICE Notice is hereby given that Washington County Public Schools will accept sealed bids for the purpose of establishing a contract for Renovations to the WCPS at Downsville Pike. Completion of the project shall be achieved by December 16, 2013 based upon issuance of a Notice to Proceed by October 2, The Contract /Bid Solicitation Documents were prepared by King, Asbury & Associates (the Architect) and Washington County Public Schools (the Owner). Below is a summary of the project: The successful Bidders shall furnish all labor, materials, equipment, and services necessary for, and incidental to, performing the work specified in the enclosed Specifications and Drawings for Bid No , Renovation General Contract at the WCPS at Downsville Pike, Hagerstown, Maryland The construction contract will be awarded to the lowest responsible bidder with consideration given to quantities involved; time required for delivery; the purpose for which required; the competency and responsibility of the bidder; the ability of the bidder to perform satisfactory service; and the plan for utilization of minority contractors. The Washington County Board of Education ( WCBOE ) may reject any and all bids and re-advertise for other bids. BIDS DUE Sealed bids will be received at the Washington County Public Schools Purchasing Department at 820 Commonwealth Avenue, Hagerstown, Maryland, by 10:00 AM local time Wednesday, September 25, Bids will be opened and read aloud at that time. Bids received after that time will not be accepted and will be returned unopened. Interested parties are invited to attend. No bidder may withdraw his bid for a minimum period of sixty (60) calendar days after the day of the bid opening. The deadline for questions about this Bid Solicitation is close of business (COB) Monday, September 16, 2013 The first addendum including questions and responses to all questions is anticipated no later than September 19,

10 820 Commonwealth Avenue Hagerstown MD BID SOLICITATION AVAILABILITY Contractors who are licensed by the State of Maryland may obtain the files that comprise the Bid Solicitation Document from the Purchasing Department on the following basis: 1. Pre-qualified Contractors can obtain the Bidding Documents from the Purchasing Department. Only pre-qualified contractors are eligible to bid this project. To check whether or not your company is prequalified, you may contact the Purchasing Department by calling Michelle Schultz at , or by or by to: The Bid Solicitation consists of electronic files which provide instructions, technical specifications, drawings, and supplemental addenda issued prior to the bid opening. 2. The Bidder assumes all responsibility for downloading all electronic files and for coordinating any pertinent information contained in the Bidding Documents. Downloading/viewing only specific files or partial information will not relieve the contractor or subcontractor from the Work indicated on other drawings or specifications comprising the complete bid solicitation. 3. Bids received from contractors who have not been pre-qualified seven days prior to the bid opening date may be refused or returned unopened to them. To become pre-qualified, complete the Prequalification Questionnaire available by contacting the Purchasing Department or by visiting our website, OBJECTION TO AWARD Any company objecting to the bid procedure or the recommendation for award has five (5) business days following the date of award by the Board of Education to file a written protest with the Superintendent of Schools. It is the company s responsibility to ascertain and confirm the date/time of the pertinent Board Meeting. The written appeal must be submitted on company letterhead, dated and signed by the senior officer in the company. The protest letter must include a request for review and ruling by WCPS, a detailed statement of the legal and factual grounds for the protest, including the resulting prejudice to the company, copies of relevant documents, and a statement of the form of relief being requested. Failure to comply with these instructions may result in the protest being deemed not filed. Bid protests received later than five (5) days after the Board Meeting will result in the protest being deemed not timely. WCPS will not respond or address bid protests that do not conform to these instructions. 4

11 820 Commonwealth Avenue Hagerstown MD BIDDING REQUIREMENTS Bid Security Bond in the amount of 5% of the Total Bid is required from all Bidders. The Bid Security Bond serves as security for obtaining Performance Bond and Payment Bonds in 100% of the Contract amount from the successful bidder within ten (10) days from Notice of Award of the Contract. Bidder must use the AIA bond form versions provided herein. Only AIA forms that have been reviewed for acceptance by WCPS legal counsel will be acceptable. The Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the Work, and prospective Bidders may be required to furnish evidence of performance of similar projects of similar magnitude and complexity and all such information and data as requested. The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such bidder is properly qualified to carry out the obligation of the Contract and to complete the Work contemplated therein. The Owner reserves the right to reject any or all bids, to waive irregularities in the bids, select alternates in any order and to make the award in the manner that the WCBOE determines will best serve the interests of WCPS. By order of: Washington County Public Schools Lisa C. Freeman, Supervisor of Purchasing 5

12 Instructions to Bidders TM Document A for the following PROJECT: (Name and location or address): THE OWNER: (Name and address): Washington County Board of Education P.O. Box Commonwealth Road Hagerstown, MD THE ARCHITECT: (Name and address): ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. TABLE OF ARTICLES 1 DEFINITIONS 2 BIDDER S REPRESENTATIONS 3 BIDDING DOCUMENTS 4 BIDDING PROCEDURES 5 CONSIDERATION OF BIDS 6 POST-BID INFORMATION 7 PERFORMANCE BOND AND PAYMENT BOND 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 1

13 ARTICLE 1 DEFINITIONS 1.1 Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of the Advertisement or Invitation to Bid, Instructions to Bidders, Supplementary Instructions to Bidders, the bid form, and other sample bidding and contract forms. The proposed Contract Documents consist of the form of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications and all Addenda issued prior to execution of the Contract. 1.2 Definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201 as modified by the Board of Education of Washington County, or in other Contract Documents are applicable to the Bidding Documents. 1.3 Addenda are written or graphic instruments issued by the Architect prior to the execution of the Contract which modify or interpret the Bidding Documents, including Drawings and Specifications, by additions, deletions, clarifications or corrections. Addenda will become part of the Contract Documents when the Construction Contract is executed 1.4 A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents. 1.5 The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which Work may be added or from which Work may be deleted for sums stated in Alternate Bids. 1.6 An Alternate Bid (or Alternate) is an amount stated in the Bid to be added to or deducted from the amount of the Base Bid if the corresponding change in the Work, as described in the Bidding Documents, is accepted. 1.7 A Unit Price is an amount stated in the Bid as a price per unit of measurement for materials, equipment or services or a portion of the Work as described in the Bidding Documents. 1.8 A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the Bidding Documents. 1.9 A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion of the Work. ARTICLE 2 BIDDER S REPRESENTATIONS 2.1 The Bidder by making a Bid represents that: The Bidder has read and understands the Bidding Documents or Contract Documents, to the extent that such documentation relates to the Work for which the Bid is submitted, and for other portions of the Project, if any, being bid concurrently or presently under construction The Bid is made in compliance with the Bidding Documents The Bidder has visited the site, become familiar with local conditions under which the Work is to be performed and has correlated the Bidder s personal observations with the requirements of the proposed Contract Documents The Bid is based upon the materials, equipment and systems required by the Bidding Documents without exception Generally, neither law nor regulations make allowance for negligent errors either of omission or commission on the part of the bidders. Each Bidder, by making his Bid, represents that he has read and understands the Bidding Documents. Failure of the Bidder to thoroughly understand all aspects of the Solicitation before submitting his Bid will not act as an excuse to permit withdrawal of his Bid nor secure relief on plea of error Once the Contract is awarded to the successful Bidder, no claims for any extra work will be allowed because of alleged impossibilities in the production of the results specified, or because of inadequate or improper plans or AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 2

14 specifications, and whenever a result is required, the successful Bidder shall furnish any and all extras and make any changes needed to produce, to the satisfaction of the Owner, the required results The Bidder shall warrant that no person or selling agency has been employed or retained to solicit or secure the Contract upon an agreement of understanding for a commission or percentage, brokerage or contingent fee excepting bona fide employees or bona fide established commercial or selling agencies maintained by the bidder for the purpose of securing business. For breach or violation of the warrantee the Owner shall have the right to annul the Contract without liability or at its discretion to deduct from the contract price or otherwise recover the full amount of such commission, percentage, brokerage, or contingent The Bidder, by the submission of this Bid agrees as a supplier of good, materials, equipment, or services covered by this Bid or the Contract that he will not discriminate in the employment in any way against any person or persons because of their race, creed, color, sex, national origin, age, or handicap. The Owner does not discriminate on the basis of race, color, sex, age, national origin, religion, or disability. ARTICLE 3 BIDDING DOCUMENTS 3.1 COPIES Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Advertisement or Invitation to Bid. Either a CD on which all of the Bidding Documents have been scanned or one (1) hard copy set of Bidding Documents will be issued to each bonafide bidder Bidding Documents will not be issued directly to Sub-bidders unless specifically offered in the Advertisement or Invitation to Bid, or in supplementary instructions to bidders Bidders shall use complete sets of Bidding Documents in preparing Bids; neither the Owner nor Architect assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents The Owner and Architect may make copies of the Bidding Documents available on the above terms for the purpose of obtaining Bids on the Work. No license or grant of use is conferred by issuance of copies of the Bidding Documents. 3.2 INTERPRETATION OR CORRECTION OF BIDDING DOCUMENTS The Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid is submitted, shall examine the site and local conditions, and shall at once report to the Architect errors, inconsistencies or ambiguities discovered Bidders and Sub-bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the Architect at least seven days prior to the date for receipt of Bids Interpretations, corrections and changes of the Bidding Documents will be made by Addendum. Interpretations, corrections and changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon them Questions shall be in writing and sent to the Owner for interpretation and/or clarification. 3.3 SUBSTITUTIONS The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Architect at least ten days prior to the date for receipt of Bids. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other portions of the Work, including changes in the work of other AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 3

15 contracts that incorporation of the proposed substitution would require, shall be included. The burden of proof of the merit of the proposed substitution is upon the proposer. Where less than three (3) manufacturers or products are listed in the Specifications, or the specification lists "Approved Equal" as an acceptable product, the burden of proof of equivalency rests with the Contractor and evidence shall be submitted to the Architect and approved by Architect with final approval to be determined by the Owner. Criteria includes but is not limited to performance, materials, craftsmanship, quality control, certification procedures or requirements, warranty, installation procedures, etc.. Any proposed substitution, or proposed equal product, must be submitted to the Architect for review, 10 days prior to the bid date. After the receipt of bids and award of the Contract, the Owner and Architect are under no obligation to review or approve requests for substitution or equal products that were not specifically mentioned in the Specifications. The Owner reserves the right to request a substitute at any time in the project If the Architect approves a proposed substitution prior to receipt of Bids, such approval will be set forth in an Addendum. Bidders shall not rely upon approvals made in any other manner No substitutions will be considered after the Contract award unless specifically provided for in the Contract Documents. 3.4 ADDENDA Addenda will be transmitted to all who are known by the issuing office to have received a complete set of Bidding Documents Copies of Addenda will be made available for inspection wherever Bidding Documents are on file for that purpose Addenda will be issued no later than four days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids Each Bidder shall ascertain prior to submitting a Bid that the Bidder has received all Addenda issued, and the Bidder shall acknowledge their receipt in the Bid. ARTICLE 4 BIDDING PROCEDURES 4.1 PREPARATION OF BIDS Bids shall be submitted on the forms included with the Bidding Documents All blanks on the bid form shall be legibly executed in a non-erasable medium Sums shall be expressed in both words and figures. In case of discrepancy, the amount written in words shall govern. (Paragraph deleted) All requested Alternates shall be bid. If no change in the Base Bid is required, enter "No Change." (Paragraph deleted) Each copy of the Bid shall state the legal name of the Bidder and the nature of legal form of the Bidder. The Bidder shall provide evidence of legal authority to perform within the jurisdiction of the Work. Each copy shall be signed by the person or persons legally authorized to bind the Bidder to a contract. A Bid by a corporation shall further give the state of incorporation and have the corporate seal affixed. A Bid submitted by an agent shall have a current power of attorney attached certifying the agent s authority to bind the Bidder The contractor or subcontractor shall use or supply American steel products in performance of this Contract in accordance with the Annotated Code of Maryland, State Finance and Procurement Article as implemented in the Code of Maryland Regulations (COMAR) BID SECURITY Each Bid shall be accompanied by a bid security in the form and amount required. The Bidder pledges to enter into a Contract with the Owner on the terms stated in the Bid and will furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 4

16 or fail to furnish such bonds, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The successful Bidder, upon his failure or refusal to execute and deliver the bonds required in Article 7 within ten (10) days after Notice of Award of the Contract shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his Bid Bid bond shall be in the amount of five percent (5%) of the total Bid and shall be submitted with the Washington County Board of Education as the sole oblige and shall be issued for a period of sixty (60) calendar days from the receipt of Bids Surety bond shall be written on AIA Document A310, Bid Bond and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney The Owner will have the right to retain the bid security of Bidders to whom an award is being considered until either (a) the Contract has been executed and bonds, if required, have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn or (c) all Bids have been rejected. 4.3 SUBMISSION OF BIDS All copies of the Bid, the bid security and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name, the Bidder s name and address and, if applicable, the designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof. Submit the Standard Form of Proposal and required documents in duplicate Bids shall be deposited at the designated location prior to the time and date for receipt of Bids. Bids received after the time and date for receipt of Bids will be returned unopened The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids Oral, telephonic, telegraphic, facsimile or other electronically transmitted bids will not be considered All prospective bidders must be currently pre-qualified with the WCPS Purchasing Department to be eligible to participate in the bidding process Upon request of the Owner, Bidders should be prepared to provide a list of major subcontractors after submission of bids and within two (2) business days of the request Errors in bids: Bidders or their authorized representatives are expected to read and review the bid solicitation documents in order to inform themselves as to the conditions, requirements, and specifications before they submit bids: failure to do so will be at the bidder s own risk and the bidder cannot secure relief from the plea of error. Generally, neither law nor regulations make allowance for errors either of omission or commission on part of bidders. In case of error in extension of prices in the bid, the unit price shall govern 4.4 MODIFICATION OR WITHDRAWAL OF BID A Bid may not be modified, withdrawn or canceled by the Bidder during the stipulated time period following the time and date designated for the receipt of Bids, and each Bidder so agrees in submitting a Bid Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of Bids. Such notice shall be in writing over the signature of the Bidder. Written confirmation over the signature of the Bidder shall be received, and date- and time-stamped by the receiving party on or before the date and time set for receipt of Bids. A change shall be so worded as not to reveal the amount of the original Bid Withdrawn Bids may be resubmitted up to the date and time designated for the receipt of Bids provided that they are then fully in conformance with these Instructions to Bidders Bid security shall be in an amount sufficient for the Bid as resubmitted. AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 5

17 4.4.5 No Bidder shall modify, withdraw or cancel his Bid, or any part thereof, for sixty (60) days after the receipt of Bids. ARTICLE 5 CONSIDERATION OF BIDS 5.1 OPENING OF BIDS At the discretion of the Owner, if stipulated in the Advertisement or Invitation to Bid, the properly identified Bids received on time will be publicly opened and will be read aloud. An abstract of the Bids may be made available to Bidders. 5.2 REJECTION OF BIDS The Owner shall have the right to reject any or all Bids. A Bid not accompanied by a required bid security or by other data required by the Bidding Documents, or a Bid which is in any way incomplete or irregular is subject to rejection The Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the Work, and prospective Bidders may be required to furnish evidence of performance of similar projects of this magnitude and complication and all such information and data as requested. The Owner reserves the right to reject any bid if evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out obligations of the Contract and to complete the Work contemplated therein Conditional Bids will not be accepted The Owner also reserves the right to reject the bid of any Bidder who has previously failed to perform properly or complete on time, contracts of a similar nature, who is not in position to perform the contract, or who has habitually and without just cause neglected the payment of bills or otherwise disregarded his obligations to Subcontractors, material, men, or employees. In determining the lowest responsible Bidder the following elements, in addition to those above mentioned, will be considered, whether the Bidder involved: 1. Maintains a place of business 2. Has adequate plant equipment to do the work properly and expeditiously, 3. Has suitable financial status to meet the obligations incidental to the work 4. Has appropriate technical experience The Bidder will be required to establish to the satisfaction of the Owner the reliability and responsibility of the proposed Subcontractors and perform the Work described in the Bidding Documents pertaining to such proposed Subcontractors respective trades. 5.3 ACCEPTANCE OF BID (AWARD) It is the intent of the Owner to award a Contract to the lowest qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner s judgment, is in the Owner s own best interests. In the event of tie bids where all factors are equal, award shall be made to the Washington County Bidder, the out-of-county Bidder, the Bidder incorporated in Maryland, and the Bidder not incorporated in the state of Maryland, in that order of preference. If bidders within these geographical designations are equal as all factor of consideration the award shall be made by a coin toss The Owner shall have the right to accept Alternates in any order or combination and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted. ARTICLE 6 POST-BID INFORMATION 6.1 CONTRACTOR S QUALIFICATION STATEMENT Bidders to whom award of a Contract is under consideration shall submit to the Architect, upon request, a properly executed AIA Document A305, Contractor s Qualification Statement, unless such a Statement has been previously required and submitted as a prerequisite to the issuance of Bidding Documents. (Paragraphs deleted) AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 6

18 6.3 SUBMITTALS The Bidder shall, as soon as practicable or as stipulated in the Bidding Documents, after notification of selection for the award of a Contract, furnish to the Owner through the Architect in writing:.1 a designation of the Work to be performed with the Bidder s own forces;.2 names of the manufacturers, products, and the suppliers of principal items or systems of materials and equipment proposed for the Work; and.3 names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for the principal portions of the Work The Bidder will be required to establish to the satisfaction of the Architect and Owner the reliability and responsibility of the persons or entities proposed to furnish and perform the Work described in the Bidding Documents Prior to the execution of the Contract, the Architect will notify the Bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to a person or entity proposed by the Bidder. If the Owner or Architect has reasonable objection to a proposed person or entity, the Bidder may, at the Bidder s option, (1) withdraw the Bid or (2) submit an acceptable substitute person or entity with an adjustment in the Base Bid or Alternate Bid to cover the difference in cost occasioned by such substitution. The Owner may accept the adjusted bid price or disqualify the Bidder. In the event of either withdrawal or disqualification, bid security will not be forfeited Persons and entities proposed by the Bidder and to whom the Owner and Architect have made no reasonable objection must be used on the Work for which they were proposed and shall not be changed except with the written consent of the Owner and Architect. ARTICLE 7 PERFORMANCE BOND AND PAYMENT BOND 7.1 BOND REQUIREMENTS The Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds may be secured through the Bidder s usual sources. Firm issuing bonds must be an A-rated or above bond company (A.M. Best rating) and be on the United States Treasury list and be licensed to do business in the State of Maryland If the furnishing of such bonds is stipulated in the Bidding Documents, the cost shall be included in the Bid. If the furnishing of such bonds is required after receipt of bids and before execution of the Contract, the cost of such bonds shall be added to the Bid in determining the Contract Sum If the Owner requires that bonds be secured from other than the Bidder s usual sources, changes in cost will be adjusted as provided in the Contract Documents Bid Bond shall be in the amount of five percent (5%) of the total Bid and shall be submitted with the Washington County Board of Education as the sole oblige and shall be issued for a period of sixty (60) calendar days from the receipt of Bids The Contractors Performance Bond and Payment Bond shall be supplied in the amount of 100% of the value of the total contracted work and shall be submitted with the Washington County Board of Education as the sole obligee The Owner shall require within ten (10) days after Notice of Award of the Contract, the selected bidder to furnish PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND in the amount of not less than (100%) of the total amount of the contract covering the faithful performance of the Contract and the payment of all obligations arising there-under in such form and amount as specified in the Specifications. Unless otherwise approved by the Owner, obtain bonds from same surety that furnished bid security. The premiums for said bonds shall be paid by the Bidder. Obtaining of bonds by the selected bidder shall be a condition precedent to effectuation of the Contract between the Owner and the selected bidder. 7.2 TIME OF DELIVERY AND FORM OF BONDS The Bidder shall deliver the required bonds to the Owner not later than three days following the date of execution of the Contract. If the Work is to be commenced prior thereto in response to a letter of intent, the Bidder AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 7

19 shall, prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Section The bonds shall be written on AIA Document A312, Performance Bond and Payment Bond. Both bonds shall be written in the amount of the Contract Sum The bonds shall be dated on or after the date of the Contract The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney indicating the monetary limit of such power. ARTICLE 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR The Agreement for the Work will be written on AIA Document A101, as amended by the Board of Education of Washington County, Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is a Stipulated Sum. ARTICLE 9 MISCELLANEOUS 9.1 OBJECTION OF AWARD Any Company objecting to the bid procedure or the recommendation for award has five (5) business days following the date of award by the Board of Education to file a written appeal to the Superintendent of Schools. It is the Company s responsibility to ascertain the date /time of the pertinent Board Meeting. The written appeal must be formally submitted on a company letterhead, dated, and signed by an officer of the company. The letter must clearly describe the basis for the objection in order to be considered. 9.2 EMARYLAND MARKETPLACE All bidders are strongly encouraged to register on the State of Maryland s emaryland Marketplace web portal to facilitate WCPS compliance to State law. For registration requirements, visit to join Maryland s gateway to bidding opportunities throughout the State. Effective June 1, 2008, public school systems in Maryland are required to publish notices of procurements and procurement awards on emaryland Marketplace. Awards can only be posted to registered companies. AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 8

20 Additions and Deletions Report for AIA Document A701 TM 1997 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:01:33 on 03/28/2011. PAGE 1 (Name and location or address)address): (Name, legal status and address)(name and address): Washington County Board of Education P.O. Box Commonwealth Road Hagerstown, MD (Name, legal status and address)(name and address): TABLE OF ARTICLESTABLE OF ARTICLES PAGE Definitions set forth in the General Conditions of the Contract for Construction, AIA Document A201, A201 as modified by the Board of Education of Washington County, or in other Contract Documents are applicable to the Bidding Documents. 1.3 Addenda are written or graphic instruments issued by the Architect prior to the execution of the Contract which modify or interpret the Bidding Documents Documents, including Drawings and Specifications, by additions, deletions, clarifications or corrections. Addenda will become part of the Contract Documents when the Construction Contract is executed Generally, neither law nor regulations make allowance for negligent errors either of omission or commission on the part of the bidders. Each Bidder, by making his Bid, represents that he has read and understands the Bidding Documents. Failure of the Bidder to thoroughly understand all aspects of the Solicitation before submitting his Bid will not act as an excuse to permit withdrawal of his Bid nor secure relief on plea of error Once the Contract is awarded to the successful Bidder, no claims for any extra work will be allowed because of alleged impossibilities in the production of the results specified, or because of inadequate or improper plans or specifications, and whenever a result is required, the successful Bidder shall furnish any and all extras and make any changes needed to produce, to the satisfaction of the Owner, the required results. Additions and Deletions Report for AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 1

21 2.1.7 The Bidder shall warrant that no person or selling agency has been employed or retained to solicit or secure the Contract upon an agreement of understanding for a commission or percentage, brokerage or contingent fee excepting bona fide employees or bona fide established commercial or selling agencies maintained by the bidder for the purpose of securing business. For breach or violation of the warrantee the Owner shall have the right to annul the Contract without liability or at its discretion to deduct from the contract price or otherwise recover the full amount of such commission, percentage, brokerage, or contingent The Bidder, by the submission of this Bid agrees as a supplier of good, materials, equipment, or services covered by this Bid or the Contract that he will not discriminate in the employment in any way against any person or persons because of their race, creed, color, sex, national origin, age, or handicap. The Owner does not discriminate on the basis of race, color, sex, age, national origin, religion, or disability. PAGE Bidders may obtain complete sets of the Bidding Documents from the issuing office designated in the Advertisement or Invitation to Bid in the number and for the deposit sum, if any, stated therein. The deposit will be refunded to Bidders who submit a bona fide Bid and return the Bidding Documents in good condition within ten days after receipt of Bids. The cost of replacement of missing or damaged documents will be deducted from the deposit. A Bidder receiving a Contract award may retain the Bidding Documents and the Bidder s deposit will be refunded.bid. Either a CD on which all of the Bidding Documents have been scanned or one (1) hard copy set of Bidding Documents will be issued to each bonafide bidder Questions shall be in writing and sent to the Owner for interpretation and/or clarification No substitution will be considered prior to receipt of Bids unless written request for approval has been received by the Architect at least ten days prior to the date for receipt of Bids. Such requests shall include the name of the material or equipment for which it is to be substituted and a complete description of the proposed substitution including drawings, performance and test data, and other information necessary for an evaluation. A statement setting forth changes in other materials, equipment or other portions of the Work, including changes in the work of other contracts that incorporation of the proposed substitution would require, shall be included. The burden of proof of the merit of the proposed substitution is upon the proposer. The Architect s decision of approval or disapproval of a proposed substitution shall be final.where less than three (3) manufacturers or products are listed in the Specifications, or the specification lists "Approved Equal" as an acceptable product, the burden of proof of equivalency rests with the Contractor and evidence shall be submitted to the Architect and approved by Architect with final approval to be determined by the Owner. Criteria includes but is not limited to performance, materials, craftsmanship, quality control, certification procedures or requirements, warranty, installation procedures, etc.. Any proposed substitution, or proposed equal product, must be submitted to the Architect for review, 10 days prior to the bid date. After the receipt of bids and award of the Contract, the Owner and Architect are under no obligation to review or approve requests for substitution or equal products that were not specifically mentioned in the Specifications. The Owner reserves the right to request a substitute at any time in the project. PAGE Interlineations, alterations and erasures must be initialed by the signer of the Bid Where two or more Bids for designated portions of the Work have been requested, the Bidder may, without forfeiture of the bid security, state the Bidder s refusal to accept award of less than the combination of Bids stipulated Additions and Deletions Report for AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 2

22 by the Bidder. The Bidder shall make no additional stipulations on the bid form nor qualify the Bid in any other manner The contractor or subcontractor shall use or supply American steel products in performance of this Contract in accordance with the Annotated Code of Maryland, State Finance and Procurement Article as implemented in the Code of Maryland Regulations (COMAR) Each Bid shall be accompanied by a bid security in the form and amount required if so stipulated in the Instructions to Bidders. required. The Bidder pledges to enter into a Contract with the Owner on the terms stated in the Bid and will, if required, will furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds if required, bonds, the amount of the bid security shall be forfeited to the Owner as liquidated damages, not as a penalty. The amount of the bid security shall not be forfeited to the Owner in the event the Owner fails to comply with Section 6.2.successful Bidder, upon his failure or refusal to execute and deliver the bonds required in Article 7 within ten (10) days after Notice of Award of the Contract shall forfeit to the Owner, as liquidated damages for such failure or refusal, the security deposited with his Bid Bid bond shall be in the amount of five percent (5%) of the total Bid and shall be submitted with the Washington County Board of Education as the sole oblige and shall be issued for a period of sixty (60) calendar days from the receipt of Bids If a surety bond is required, it Surety bond shall be written on AIA Document A310, Bid Bond, unless otherwise provided in the Bidding Documents, Bond and the attorney-in-fact who executes the bond on behalf of the surety shall affix to the bond a certified and current copy of the power of attorney. PAGE All copies of the Bid, the bid security, if any, security and any other documents required to be submitted with the Bid shall be enclosed in a sealed opaque envelope. The envelope shall be addressed to the party receiving the Bids and shall be identified with the Project name, the Bidder s name and address and, if applicable, the designated portion of the Work for which the Bid is submitted. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope with the notation "SEALED BID ENCLOSED" on the face thereof. Submit the Standard Form of Proposal and required documents in duplicate All prospective bidders must be currently pre-qualified with the WCPS Purchasing Department to be eligible to participate in the bidding process Upon request of the Owner, Bidders should be prepared to provide a list of major subcontractors after submission of bids and within two (2) business days of the request Errors in bids: Bidders or their authorized representatives are expected to read and review the bid solicitation documents in order to inform themselves as to the conditions, requirements, and specifications before they submit bids: failure to do so will be at the bidder s own risk and the bidder cannot secure relief from the plea of error. Generally, neither law nor regulations make allowance for errors either of omission or commission on part of bidders. In case of error in extension of prices in the bid, the unit price shall govern Bid security, if required, security shall be in an amount sufficient for the Bid as resubmitted No Bidder shall modify, withdraw or cancel his Bid, or any part thereof, for sixty (60) days after the receipt of Bids. Additions and Deletions Report for AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 3

23 PAGE The Owner may make such investigations as he deems necessary to determine the ability of the Bidder to perform the Work, and prospective Bidders may be required to furnish evidence of performance of similar projects of this magnitude and complication and all such information and data as requested. The Owner reserves the right to reject any bid if evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out obligations of the Contract and to complete the Work contemplated therein Conditional Bids will not be accepted The Owner also reserves the right to reject the bid of any Bidder who has previously failed to perform properly or complete on time, contracts of a similar nature, who is not in position to perform the contract, or who has habitually and without just cause neglected the payment of bills or otherwise disregarded his obligations to Subcontractors, material, men, or employees. In determining the lowest responsible Bidder the following elements, in addition to those above mentioned, will be considered, whether the Bidder involved: 1. Maintains a place of business 2. Has adequate plant equipment to do the work properly and expeditiously, 3. Has suitable financial status to meet the obligations incidental to the work 4. Has appropriate technical experience The Bidder will be required to establish to the satisfaction of the Owner the reliability and responsibility of the proposed Subcontractors and perform the Work described in the Bidding Documents pertaining to such proposed Subcontractors respective trades It is the intent of the Owner to award a Contract to the lowest qualified Bidder provided the Bid has been submitted in accordance with the requirements of the Bidding Documents and does not exceed the funds available. The Owner shall have the right to waive informalities and irregularities in a Bid received and to accept the Bid which, in the Owner s judgment, is in the Owner s own best interests. In the event of tie bids where all factors are equal, award shall be made to the Washington County Bidder, the out-of-county Bidder, the Bidder incorporated in Maryland, and the Bidder not incorporated in the state of Maryland, in that order of preference. If bidders within these geographical designations are equal as all factor of consideration the award shall be made by a coin toss The Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents, combination and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted. 6.2 OWNER S FINANCIAL CAPABILITY The Owner shall, at the request of the Bidder to whom award of a Contract is under consideration and no later than seven days prior to the expiration of the time for withdrawal of Bids, furnish to the Bidder reasonable evidence that financial arrangements have been made to fulfill the Owner s obligations under the Contract. Unless such reasonable evidence is furnished, the Bidder will not be required to execute the Agreement between the Owner and Contractor. PAGE If stipulated in the Bidding Documents, the The Bidder shall furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. Bonds may be secured through the Bidder s usual sources. Firm issuing bonds must be an A-rated or above bond company (A.M. Best rating) and be on the United States Treasury list and be licensed to do business in the State of Maryland Bid Bond shall be in the amount of five percent (5%) of the total Bid and shall be submitted with the Washington County Board of Education as the sole oblige and shall be issued for a period of sixty (60) calendar days Additions and Deletions Report for AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 4

24 from the receipt of Bids The Contractors Performance Bond and Payment Bond shall be supplied in the amount of 100% of the value of the total contracted work and shall be submitted with the Washington County Board of Education as the sole obligee The Owner shall require within ten (10) days after Notice of Award of the Contract, the selected bidder to furnish PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND in the amount of not less than (100%) of the total amount of the contract covering the faithful performance of the Contract and the payment of all obligations arising there-under in such form and amount as specified in the Specifications. Unless otherwise approved by the Owner, obtain bonds from same surety that furnished bid security. The premiums for said bonds shall be paid by the Bidder. Obtaining of bonds by the selected bidder shall be a condition precedent to effectuation of the Contract between the Owner and the selected bidder. PAGE Unless otherwise provided, the The bonds shall be written on AIA Document A312, Performance Bond and Payment Bond. Both bonds shall be written in the amount of the Contract Sum The Bidder shall require the attorney-in-fact who executes the required bonds on behalf of the surety to affix thereto a certified and current copy of the power of attorney.attorney indicating the monetary limit of such power. Unless otherwise required in the Bidding Documents, the The Agreement for the Work will be written on AIA Document A101, as amended by the Board of Education of Washington County, Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is a Stipulated Sum. ARTICLE 9 MISCELLANEOUS 9.1 OBJECTION OF AWARD Any Company objecting to the bid procedure or the recommendation for award has five (5) business days following the date of award by the Board of Education to file a written appeal to the Superintendent of Schools. It is the Company s responsibility to ascertain the date /time of the pertinent Board Meeting. The written appeal must be formally submitted on a company letterhead, dated, and signed by an officer of the company. The letter must clearly describe the basis for the objection in order to be considered. 9.2 EMARYLAND MARKETPLACE All bidders are strongly encouraged to register on the State of Maryland s emaryland Marketplace web portal to facilitate WCPS compliance to State law. For registration requirements, visit to join Maryland s gateway to bidding opportunities throughout the State. Effective June 1, 2008, public school systems in Maryland are required to publish notices of procurements and procurement awards on emaryland Marketplace. Awards can only be posted to registered companies. Additions and Deletions Report for AIA Document A Copyright 1970, 1974, 1978, 1987 and 1997 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 5

25 Certification of Document s Authenticity AIA Document D I, Robert H. Rollins, Director of Facilities Planning & Development, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:01:33 on 03/28/2011 under Order No _1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document A , Instructions to Bidders, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D Copyright 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:01:33 on 03/28/2011 under Order No _1 which expires on 04/13/2011, and is not for resale. User Notes: ( ) 1

26 WASHINGTON COUNTY PUBLIC SCHOOLS P.O. Box 730 Hagerstown, Maryland PURCHASING DEPARTMENT Bidder: NO BID REPLY FORM To assist us in obtaining good competition on our Invitations to Bid, we ask that each firm that has received an invitation, but does not wish to bid, state their reason(s) below. This information will not preclude receipt of future invitations unless you request removal from the Bidders List by so indicating below. BID#: BID TITLE: Renovation General Contract at Downsville Pike Unfortunately, we must offer a NO BID at this time because: 1. We do not wish to participate in the bid process. 2. We do not wish to bid under the terms and conditions of the Invitation to Bid document. Our objections are: 3. We do not feel we can be competitive. 4. We cannot submit a bid because of the marketing or franchising policies of the manufacturing company. 5. We do not wish to sell to the Washington County Public Schools. Our objections are: 6. We do not sell the items/services on which bids are requested. 7. Other: FIRM SIGNED We wish to remain on the Bidders List We wish to be deleted from the Bidders List.

27 WCPS ADMINISTRATIVE CENTER RENOVATION GENERAL CONTRACT WASHINGTON COUNTY, MARYLAND WASHINGTON COUNTY PUBLIC SCHOOLS Bid No WCPS ADMINISTRATIVE CENTER Renovation General Contract SECTION STANDARD FORM OF PROPOSAL (Submit the following Proposal Form in duplicate) Bid STANDARD FORM OF PROPOSAL

28 WCPS ADMINISTRATIVE CENTER RENOVATION GENERAL CONTRACT WASHINGTON COUNTY, MARYLAND WASHINGTON COUNTY PUBLIC SCHOOLS Hagerstown, Maryland RENOVATIONS TO THE WCPS ADMINISTRATIVE CENTER Bid Opening on Wednesday, September 25, 2013 at 10:00 AM Local Time FORM OF PROPOSAL BID NO Proposal of (Corporation, a partnership, or an individual hereinafter called Bidder ) organized and doing business and existing under the laws of the state of. I/We as the Bidder, in compliance with the Invitation to Bid for the Renovation General Contract at the WCPS, have examined the Bidding Documents, and have become familiar with all the conditions surrounding the construction of the proposed project, including the availability of materials and labor, hereby propose to furnish all labor, materials, services and equipment necessary to properly complete the Work in accordance with the Contract Documents and Addenda, and at the prices stated below. These prices are to cover all expenses incurred in performing the Work required under the Contract Documents, of which this Proposal is a part. All prices include all applicable sales and/or use taxes; include all insurance premiums required to provide the specified insurance and include all premiums for a Bid Bond, Performance Bond and a Labor and Material Payment Bond in the sum of one hundred percent (100%) of the Contract price. A five percent (5%) Bid Bond shall be attached to the Proposal. The Bid Bond amount shall be computed on the Lump Sum Total Price inclusive of Alternate Values; shall be submitted with the Washington County Board of Education as the sole obligee, and shall be valid for a minimum period of sixty (60) calendar days from the receipt of Bids. PREQUALIFICATIONS Bids received from contractors who have not been pre-qualified at least seven days prior to the bid opening will be refused or returned unopened to them. To obtain a prequalification questionnaire, contact the Purchasing Department or visit our web site: COMPLETION TIME SCHEDULE OF WORK I/We as the Bidder, agree to begin to perform the Work at the time stated in the Notice to Proceed, anticipated to be issued October 2, 2013, and to substantially complete all work in accordance with the provisions of the Contract Documents. If this work is not completed within the time period specified, I/we will understand and accept liability for Liquidated Damages of $1, per calendar day. Bid STANDARD FORM OF PROPOSAL

29 WCPS ADMINISTRATIVE CENTER RENOVATION GENERAL CONTRACT WASHINGTON COUNTY, MARYLAND BASE BID Furnish all labor, materials, services, and equipment necessary to properly complete the Work required for the Renovation General Contract at the WCPS in strict accordance with the Contract Documents for the following lump sum total: Lump Sum Total: (Amount in words) DOLLARS $ (Amount in numbers) ALTERNATES The prices stated below provide for the complete installation of the Alternate Work as described herein. The prices for Alternate Bids, if accepted, will be added to the Base Bid to determine the total Contract Sum. The Owner reserves the right to accept or reject any, or all, Alternates in any order or combination. Acceptance or rejection of any Alternates does not relieve the Contractor of timely completion of the Work within the required time period. Alternate Bids are more fully described in Specification Section Alternates. Alternate Bids shall include all costs associated with the described Alternate or reasonably inferable therefrom. Alternate No. 1: January 15, 2014 Substantial Completion Date Amount to be deducted from the Base Bid for extending the completion date from December 16, 2013 to January 15, Lump Sum Total: (Amount in words) DOLLARS $ (Amount in numbers) Alternate No. 2: February 14, 2014 Substantial Completion Date Amount to be deducted from the Base Bid for extending the completion date from December 16, 2013 to February 14, Lump Sum Total: (Amount in words) DOLLARS $ (Amount in numbers) Please Note that additional amounts for Alternate 1 & Alternate 2 are not acceptable. Bid STANDARD FORM OF PROPOSAL

30 WCPS ADMINISTRATIVE CENTER RENOVATION GENERAL CONTRACT WASHINGTON COUNTY, MARYLAND Alternate No. 3: South Wing Lower Level Spandrel Glass Replacement Lump Sum Total: (Amount in words) DOLLARS $ (Amount in numbers) Alternate No. 4: Roller Blinds Lump Sum Total: (Amount in words) DOLLARS $ (Amount in numbers) UNIT PRICES Bidders furnish all labor, materials, equipment, and services necessary for the unit price incidental to, the preparation of, and the installation of materials to properly complete the work required in strict accordance with the aforesaid documents, specifically Specification section 01270, for the following sum on the basis of unit prices quoted herein. Work defined as unit prices below is included in the scope of the base bid at bid quantities defined in the solicitation or by bidder take off or field measures. Unit prices offered below will be applicable only to change orders to the contract. Prices quoted shall be the sum total compensation payable for such items of additional work, if any: 1) Drywall Partition Per LF: DOLLARS $ (Amount in Words) (Amount in Numbers) 2) 2x4 lay-in ceiling and suspension system Per SF: DOLLARS $ (Amount in Words) (Amount in Numbers) 3) 2x2 lay-in ceiling and suspension system Per SF: DOLLARS $ (Amount in Words) (Amount in Numbers) 4) 20 x60 system ceiling infill panels Per SF: DOLLARS $ _ (Amount in Words) (Amount in Numbers) Bid STANDARD FORM OF PROPOSAL

31 WCPS ADMINISTRATIVE CENTER RENOVATION GENERAL CONTRACT WASHINGTON COUNTY, MARYLAND 5) 24 x60 system ceiling infill panels Per SF: DOLLARS $ (Amount in Words) (Amount in Numbers) 6) Duplex 20A electrical outlet in new drywall partition Per OUTLET: DOLLARS $ (Amount in Words) (Amount in Numbers) 7) Duplex Data/Communications Outlet Per OUTLET: DOLLARS $ (Amount in Words) (Amount in Numbers) 8) Duplex 20A floor outlet Per OUTLET: DOLLARS $ _ (Amount in Words) (Amount in Numbers) 9) New Duplex floor outlet Per OUTLET: DOLLARS $ (Amount in Words) (Amount in Numbers) 10) Drywall/plaster painting, one coat Per SF: DOLLARS $ (Amount in Words) (Amount in Numbers) 11) Drywall/plaster painting, two coats Per SF: DOLLARS $ (Amount in Words) (Amount in Numbers) 12) Vertical Blinds Per UNIT: DOLLARS $ _ (Amount in Words) (Amount in Numbers) 13) Roller blinds Per UNIT: DOLLARS $ (Amount in Words) (Amount in Numbers) 14) Vinyl wall covering removal/prep Per SF: DOLLARS $ (Amount in Words) (Amount in Numbers) Bid STANDARD FORM OF PROPOSAL

32 WCPS ADMINISTRATIVE CENTER RENOVATION GENERAL CONTRACT WASHINGTON COUNTY, MARYLAND 15) Rubber Base Per LF: DOLLARS $ _ (Amount in Words) (Amount in Numbers) ADDENDA The following Addenda have been received and reviewed and all Work therein is incorporated in the Bid Form of Proposal (if none please write NONE ): Addendum No. Date ATTACHMENTS The following items are mandatory and are to be included with the Bid Form of Proposal and shall be completed by the Bidder: 1. WCPS Bid/Proposal Affidavit 2. Bid Security See Section AIA Document A Bid Bond REPRESENTATIONS I/We as the Bidder, have reviewed the complete AIA Document A Instructions to Bidders, as modified by the Washington County Board of Education, and agree with the terms and conditions specified therein and submit this Bid Proposal in accordance. The Owner reserves the right to reject any or all Bids. The Owner shall have the right to waive informalities and irregularities in the bids and in the bidding process and to accept the Bid which, in the Owner s judgment, is in the Owner s own best interests. A Bid not accompanied by a required bid security, or by other data required by the Bidding Documents, or a Bid which is in any way incomplete or irregular, is subject to rejection. No Bidder shall withdraw, modify, or cancel his bid, or any part thereof, for a minimum of sixty (60) calendar days after the receipt of bids. The undersigned shall complete the total Work within the timeframe previously stated once the Owner indicates acceptance of this Bid Proposal by way of a written Notice of Award or Letter of Intent within this minimum sixty (60) day time period, or any time thereafter before the Bid is withdrawn. I/We certify that this Bid is made without previous understanding, agreement, or connection with any person, firm or corporation submitting a bid for the same items and/or services and is, in all respects fair and without collusion or fraud; that none of this company's officers, directors or its employees have been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or federal government; and that no member of the Board of Education of Washington County, administrative or supervisory personnel or other employees of Washington County Public Schools have any interest in the bidding company except as follows: (complete if applicable) Bid STANDARD FORM OF PROPOSAL

33 WCPS ADMINISTRATIVE CENTER RENOVATION GENERAL CONTRACT WASHINGTON COUNTY, MARYLAND Respectfully submitted, By (Company) (Signature) (Printed Name) (Business Address) (Date) (Title) (Phone) I/we the bidder represent, and agree that it is a precedent to acceptance of this bid, that the bidder has not been a party to any agreement to bid of fixed or uniform price. (SEAL) if bid is by Corporation. (Signature of Office & Title) (SEAL) SUBSCRIBED AND SWORN to before me, a Notary Public in the State of, County of City of this day of, Commission Expires: NOTICE: The Washington County Board of Education reserves the right to award any, all or none due to budgetary constraints. END OF FORM OF PROPOSAL Bid STANDARD FORM OF PROPOSAL

34 Bid Bond TM Document A CONTRACTOR: (Name, legal status and address) OWNER: (Name, legal status and address) BOND AMOUNT: $ PROJECT: (Name, location or address, and Project number, if any) SURETY: (Name, legal status and principal place of business) The Contractor and Surety are bound to the Owner in the amount set forth above, for the payment of which the Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, as provided herein. The conditions of this Bond are such that if the Owner accepts the bid of the Contractor within the time specified in the bid documents, or within such time period as may be agreed to by the Owner and Contractor, and the Contractor either (1) enters into a contract with the Owner in accordance with the terms of such bid, and gives such bond or bonds as may be specified in the bidding or Contract Documents, with a surety admitted in the jurisdiction of the Project and otherwise acceptable to the Owner, for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof; or (2) pays to the Owner the difference, not to exceed the amount of this Bond, between the amount specified in said bid and such larger amount for which the Owner may in good faith contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect. The Surety hereby waives any notice of an agreement between the Owner and Contractor to extend the time in which the Owner may accept the bid. Waiver of notice by the Surety shall not apply to any extension exceeding sixty (60) days in the aggregate beyond the time for acceptance of bids specified in the bid documents, and the Owner and Contractor shall obtain the Surety s consent for an extension beyond sixty (60) days. ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. If this Bond is issued in connection with a subcontractor s bid to a Contractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. When this Bond has been furnished to comply with a statutory or other legal requirement in the location of the Project, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. Init. / AIA Document A Copyright 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:58:13 on 01/03/2012 under Order No _1 which expires on 04/13/2012, and is not for resale. User Notes: ( ) 1

35 Signed and sealed this day of, (Contractor as Principal) (Seal) (Witness) (Title) (Surety) (Seal) (Witness) (Title) Init. / AIA Document A Copyright 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:58:13 on 01/03/2012 under Order No _1 which expires on 04/13/2012, and is not for resale. User Notes: ( ) 2

36 Additions and Deletions Report for AIA Document A310 TM 2010 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 10:58:13 on 01/03/2012. There are no differences. Additions and Deletions Report for AIA Document A Copyright 1963, 1970 and 2010 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:58:13 on 01/03/2012 under Order No _1 which expires on 04/13/2012, and is not for resale. User Notes: ( ) 1

37 Certification of Document s Authenticity AIA Document D I, Robert H. Rollins, III, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 10:58:13 on 01/03/2012 under Order No _1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document A , Bid Bond, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D Copyright 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:58:13 on 01/03/2012 under Order No _1 which expires on 04/13/2012, and is not for resale. User Notes: ( ) 1

38 Performance Bond TM Document A CONTRACTOR: (Name, legal status and address) OWNER: (Name, legal status and address) CONSTRUCTION CONTRACT Date: Amount: $ Description: (Name and location) SURETY: (Name, legal status and principal place of business) ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. BOND Date: (Not earlier than Construction Contract Date) Amount: $ Modifications to this Bond: None See Section 16 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: (Any additional signatures appear on the last page of this Performance Bond.) (FOR INFORMATION ONLY Name, address and telephone) AGENT or BROKER: OWNER S REPRESENTATIVE: (Architect, Engineer or other party:) Init. / AIA Document A Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:49:30 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 1

39 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. 3 If there is no Owner Default under the Construction Contract, the Surety s obligation under this Bond shall arise after.1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor s performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner s notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety s receipt of the Owner s notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner s right, if any, subsequently to declare a Contractor Default;.2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and.3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety s obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety s expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances:.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or.2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Init. / AIA Document A Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:49:30 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 2

40 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for.1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract;.2 additional legal, design professional and delay costs resulting from the Contractor s Default, and resulting from the actions or failure to act of the Surety under Section 5; and.3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety s liability is limited to the amount of this Bond. 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 14 Definitions 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. Init. / AIA Document A Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:49:30 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 3

41 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: Init. / AIA Document A Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:49:30 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 4

42 Additions and Deletions Report for AIA Document A312 TM 2010 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:49:30 on 10/09/2012. There are no differences. Additions and Deletions Report for AIA Document A Performance Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:49:30 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 1

43 Certification of Document s Authenticity AIA Document D I,, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:49:30 on 10/09/2012 under Order No _1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document A , Performance Bond, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D Copyright 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:49:30 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 1

44 Payment Bond TM Document A CONTRACTOR: (Name, legal status and address) OWNER: (Name, legal status and address) CONSTRUCTION CONTRACT Date: Amount: $ Description: (Name and location) SURETY: (Name, legal status and principal place of business) ADDITIONS AND DELETIONS: The author of this document has added information needed for its completion. The author may also have revised the text of the original AIA standard form. An Additions and Deletions Report that notes added information as well as revisions to the standard form text is available from the author and should be reviewed. A vertical line in the left margin of this document indicates where the author has added necessary information and where the author has added to or deleted from the original AIA text. BOND Date: (Not earlier than Construction Contract Date) Amount: $ Modifications to this Bond: None See Section 18 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY Name, address and telephone) AGENT or BROKER: OWNER S REPRESENTATIVE: (Architect, Engineer or other party:) Init. / AIA Document A Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:43:03 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 1

45 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. 3 If there is no Owner Default under the Construction Contract, the Surety s obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner s property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety s expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. 5 The Surety s obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants, who do not have a direct contract with the Contractor,.1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and.2 have sent a Claim to the Surety (at the address described in Section 13). 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). 6 If a notice of non-payment required by Section is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant s obligation to furnish a written notice of non-payment under Section When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety s expense take the following actions: 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and 7.2 Pay or arrange for payment of any undisputed amounts. 7.3 The Surety s failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney s fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. 8 The Surety s total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney s fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner s priority to use the funds for the completion of the work. Init. / AIA Document A Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:43:03 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 2

46 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. 16 Definitions 16.1 Claim. A written statement by the Claimant including at a minimum:.1 the name of the Claimant;.2 the name of the person for whom the labor was done, or materials or equipment furnished;.3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract;.4 a brief description of the labor, materials or equipment furnished;.5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract;.6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim;.7 the total amount of previous payments received by the Claimant; and.8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic s lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor s subcontractors, and all other items for which a mechanic s lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. / AIA Document A Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:43:03 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 3

47 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address: Address: Init. / AIA Document A Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:43:03 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 4

48 Additions and Deletions Report for AIA Document A312 TM 2010 This Additions and Deletions Report, as defined on page 1 of the associated document, reproduces below all text the author has added to the standard form AIA document in order to complete it, as well as any text the author may have added to or deleted from the original AIA text. Added text is shown underlined. Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document. This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 11:43:03 on 10/09/2012. There are no differences. Additions and Deletions Report for AIA Document A Payment Bond. The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:43:03 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 1

49 Certification of Document s Authenticity AIA Document D I,, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 11:43:03 on 10/09/2012 under Order No _1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document A , Payment Bond, as published by the AIA in its software, other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D Copyright 1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 11:43:03 on 10/09/2012 under Order No _1 which expires on 04/13/2013, and is not for resale. User Notes: ( ) 1

50 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 BID/PROPOSAL AFFIDAVIT COMAR Bidder shall complete and submit this bid/proposal affidavit to the Supervisor of Purchasing, Washington County Public Schools with the bid or offer. A. AUTHORITY I HEREBY AFFIRM THAT: I (print name) possess the legal authority to make this Affidavit. B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and supplies, and has not engaged in discrimination as defined in of the State Finance and Procurement Article of the Annotated Code of Maryland. Discrimination means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor s supplier s or commercial customer s employees or owners. Discrimination also includes retaliating against any person or other entity for reporting any incident of discrimination. Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description, and a description of the status or resolution of that determination, including any remedial action taken. Bidder agrees to comply in all respects with the State s Commercial Nondiscrimination Policy as described under Title19 of the State Finance and Procurement Article of the Annotated Code of Maryland. B-1 Certification Regarding Minority Business Enterprises. The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, (a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a bid or proposal and: Bid /Proposal Affidavit Page 1

51 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority proposal; Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the bid or proposal; Fail to use the certified minority business enterprise in the performance of the contract; or Pay the certified minority business enterprise solely for the use of its name in the bid or proposal. Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. C. AFFIRMATION REGARDING BRIBERY CONVICTIONS I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section (b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, 6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):. D. AFFIRMATION REGARDING OTHER CONVICTIONS I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies, has: (1) Been convicted under state or federal statute of: Bid /Proposal Affidavit Page 2

52 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 (a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or (b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property; (2) Been convicted of any criminal violation of a state or federal antitrust statute; (3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C et seq., or the Mail Fraud Act, 18 U.S.C et seq., for acts in connection with the submission of bids or proposals for a public or private contract; (4) Been convicted of a violation of the State Minority Business Enterprise Law, of the State Finance and Procurement Article of the Annotated Code of Maryland; (5) Been convicted of a violation of of the State Finance and Procurement Article of the Annotated Code of Maryland; (6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1) (5) above; (7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of bids or proposals for a public or private contract; or (8)Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract; or (9) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in B and D (1)- (7) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment):. E. AFFIRMATION REGARDING DEBARMENT I FURTHER AFFIRM THAT: Bid /Proposal Affidavit Page 3

53 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities, including obtaining or performing contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities with the business, the grounds of the debarment or suspension, and the details of each person's involvement in any activity that formed the grounds of the debarment or suspension).. F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES I FURTHER AFFIRM THAT: (1) The business was not established and it does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections , et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and (2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows (you must indicate the reasons why the affirmations cannot be given without qualification):. G. SUB-CONTRACT AFFIRMATION I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction. H. AFFIRMATION REGARDING COLLUSION I FURTHER AFFIRM THAT: Bid /Proposal Affidavit Page 4

54 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 Neither I, nor to the best of my knowledge, information, and belief, the above business has: (1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying bid or offer that is being submitted; (2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or price proposal of the bidder or offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanying bid or offer is submitted. I. CERTIFICATION OF TAX PAYMENT I FURTHER AFFIRM THAT: Except as validly contested, the business has paid, or has arranged payment of all taxes due the State of Maryland and has filed all required returns and reports with the Controller of the Treasury, the State Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement. J. CONTINGENT FEES I FURTHER AFFIRM THAT: The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of the Contract. K. ACKNOWLEDGEMENT I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions f the State of Maryland ;(3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this bid or proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms, and covenants undertaken by the above business with respect to (1) this affidavit, (2) the contract, and (3) other Affidavits comprising part of the contract. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. Bid /Proposal Affidavit Page 5

55 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 Date: By: (Print name of Authorized Representative and Affiant) (Signature of Authorized Representative and Affiant) Bid /Proposal Affidavit Page 6

56 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 MANDATORY CONTRACT ADDENDUM COMAR CONTRACT AFFIDAVIT Bidder shall complete and submit this contract affidavit to the Legal Department of Washington County Public Schools to attach with the contract form. A.AUTHORITY I HEREBY AFFIRM THAT: I, (print name) possess the legal authority to make this Affidavit. B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION I FURTHER AFFIRM THAT: The business named above is a (check applicable items): Corporation- domestic or foreign Limited Liability Company- domestic or foreign Partnership- domestic or foreign Statutory Trust- domestic or foreign Sole Proprietorship and is registered or qualified as required under Maryland Law. I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with State Department of Assessments and Taxation is: Name and Department ID Number: Address: and that if it does business under a trade name, it has filed a certificate with the State Department of Assessments and Taxation that correctly identifies that true name and address of the principal or owner as: Mandatory Contract Addendum Page 1

57 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 Name and Department ID Number: Address:. C. FINANCIAL DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, the provisions of the State Finance and Procurement Article , Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more shall,within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business. D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION I FUTHER AFFIRM THAT: I am aware of, and the above business will comply with, Election Law Article , Annotated Code of Maryland, which requires 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, during a calendar year in which the person receives in the aggregate $100,000 or more shall file with the State Board of Elections a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary election. E. DRUG AND ALCOHOL FREE WORKPLACE (Applicable to all contracts unless the contract is for a law enforcement agency and the agency head s designee has determined that application of COMAR and this certification in connection with the law enforcement agency s undercover operations.) I CERTIFY THAT: (1) Terms defined in COMAR shall have the same meanings when use in this certification. (2) By submission of its bid or offer, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall: (a.) Maintain a workplace free of drug and alcohol abuse during the term of the contract; (b.) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business workplace and specifying the actions that will be taken against employees for violation of the prohibitions; (c.) Prohibit its employees form working under the influence of drugs or alcohol; Mandatory Contract Addendum Page 2

58 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 (d.) Not hire or assign to work on the contract anyone who the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program; (e.) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred; (f.) Establish drug and alcohol abuse awareness programs to inform its employees about: (i) The dangers of drug abuse and alcohol abuse in the workplace; (ii) The business s policy of maintaining a drug and alcohol free workplace; (iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and (iv) (iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace; (g.) Provide all employees engaged in the performance of the contract with a copy of the statement required by E(2)(b), above; (h.) Notify its employees in the statement required by E(2)(b), above, that as a condition of continued employment on the contract, the employee shall: (i.) Abide by the terms of the statement; and (ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction; (i)notify the procurement officer within 10 days after receiving notice under E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction; (j)within 30 days after receiving notice under E(2)(h)(ii),above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace: (i) Take appropriate personnel action against an employee, up to and including termination; or (ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and (k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of E(2)(a)-(j),above. (3) If the business is an individual, the individual shall certify and agree as set forth in E(4), below, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or alcohol in the performance on the contract. (4) I acknowledge and agree that: (a.) The award of the contract is conditional upon compliance with COMAR and this certification; Mandatory Contract Addendum Page 3

59 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 (b.) The violation of the provisions of COMAR or this certification shall be cause to suspend payments under, or terminate the contract for default under COMAR or , as applicable; and (c.)the violation of the provisions of COMAR or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR F. CERTAIN AFFIRMATIONS VALID I FURTHER AFFIRM THAT: To the best of my knowledge, information, and belief, each of the affirmations, certifications, or acknowledgments contained in that certain Bid/Proposal Affidavit dated, 20, and executed by me for the purpose of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. Date: By: (Printed name of Authorized Representative and Affiant) (Signature of Authorized Representative and Affiant) Mandatory Contract Addendum Page 4

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