Walk-In Freezer/Cooler Replacement at Williamsport High School

Transcription

1 Bid Cover Sheet Walk-In Freezer/Cooler Replacement at Williamsport High School Bid # Procurement Schedule Issue Date: March 7, 2018 Pre-Bid Meeting: Deadline for Written Questions Submission: Bid Due: March 14, 2018 at 4:00 PM EST Williamsport High School 5 South Clifton Drive Williamsport, Maryland March 20, 2018 at 4:30 PM EST March 27, 2018 at 11:00 AM EST Washington County Public Schools Center for Education Services Downsville Pike Hagerstown, Maryland Tentative Award Date: April 18, 2018 Dates and/or times are subject to change by the issuing of a written addendum. WCPS Contract Managers Procurement Officer Contract Administrator Scott Bachtell Brad Otto, P.E. Supervisor of Purchasing Project Manager bachtsco@wcps.k12.md.us ottobra@wcps.k12.md.us This bid document is posted on the WCPS Purchasing website at This is also the source for any/all addenda. Please register your company for notices about this bid and similar projects on our web site.

2 10435 Downsville Pike Hagerstown MD BID# WALK-IN FREEZER/COOLER REPLACEMENT AT WILLIAMSPORT HIGH SCHOOL MARCH 7, 2018

3 TABLE OF CONTENTS BID # , WALK-IN FREEZER/COOLER REPLACEMENT AT WILLIAMSPORT HIGH SCHOOL DIVISION Table of Contents Drawing List Project Directory Invitation to Bid Form of Proposal Bid/Proposal Affidavit A Instructions to Bidders A Contract Agreement WCPS Contract Affidavit AG702, G Pay Application G Certificate of Substantial Completion A General Conditions of the Contract for Construction A WCPS Supplement to the General Conditions of the Contract for Construction Change Order Proposal Request Form DIVISION Summary of Work DIVISION Food Service Equipment

4 DRAWING LIST BID # , WALK-IN FREEZER/COOLER REPLACEMENT AT WILLIAMSPORT HIGH SCHOOL 101 Cover Sheet 102 Demolition/New Work Plans & Sections

5 PROJECT DIRECTORY BID # , WALK-IN FREEZER/COOLER REPLACEMENT AT WILLIAMSPORT HIGH SCHOOL OWNER S REPRESENTATIVE Brad Otto, P.E. Project Manager Washington County Public Schools Downsville Pike Hagerstown, MD ottobra@wcps.k12.md.us

6 10435 Downsville Pike Hagerstown MD INVITATION TO BID March 7, 2018 Bid: WALK-IN FREEZER/COOLER REPLACEMENT AT WILLIAMSPORT HIGH SCHOOL Bid Inquiries to: Scott Bachtell Supervisor of Purchasing (WCPS) Phone (301) ; Please copy Brad Otto at Bid Opening Information: 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 Scott Bachtell, Supervisor of Purchasing Telephone: (301) TO VIEW CURRENT SOLICITATIONS, PLEASE SEE THIS WEB ADDRESS: FOR BID RESULTS, PLEASE SEE THIS WEB ADDRESS:

7 10435 Downsville Pike Hagerstown MD Bid Solicitation Document includes the following: Instructions to Bidders (AIA A701) General Conditions (AIA A201) Technical Specifications Bid Affidavit Terms & Conditions (AIA A101) Signature Sheet Plans/Drawings/Schematics Contract Affidavit Proposal Form 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 to provide and install a new walk-in freezer and cooler at Williamsport High School. The Contract /Bid Solicitation Documents were prepared by 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 Technical Specifications and Drawings for the construction project referenced in this solicitation. The construction contract will be awarded to the lowest responsive, responsible bidder with consideration given to quantities involved, time required for delivery, the purpose for which required, the competency and responsibility of the bidder, and the ability of the bidder to perform satisfactory service. The Washington County Board of Education ( WCBOE ) may reject any and all bids and re-advertise at their discretion. BIDS DUE Sealed bids will be received at the Washington County Public Schools Center for Education Services, Purchasing Department, at Downsville Pike, Hagerstown, Maryland Bids will be opened and read aloud. Bids received after the bid due date and 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.

8 10435 Downsville Pike Hagerstown MD BID SOLICITATION AVAILABILITY Contractors may obtain the files that comprise the Bid Solicitation Document from the Purchasing Website on the following basis: 1. The solicitation document is available for viewing and download from the WCPS Purchasing Web site: The bid solicitation document is made available to any person or company who chooses to obtain it from the website. PREQUALIFICATION TO SUBMIT A BID IS A REQUIREMENT. ALL CONTRACTORS WHO have obtained a copy of the document from the website or by other means may not be eligible to submit a bid. Only the WCPS Purchasing Department can grant approval to bid. Only pre-qualified contractors are eligible to bid this project. Registration via the WCPS website is mandatory and is a two-step process. Approval at step one only of the application is not sufficient for bidding construction work. WCPS Purchasing Department will notify each contractor in writing upon approval of the application to bid construction projects. 2. To check whether or not your company is pre-qualified, you may contact the Purchasing Department by calling Beverly Bergan at , or by to: bergabev@wcps.k12.md.us. The Bid Solicitation consists of electronic files which provide instructions, technical specifications, drawings, and supplemental addenda issued prior to the bid opening. 3. 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. 4. 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, 5. Contractors and subcontract bidders must be licensed to perform construction work in the State of Maryland in order to be eligible to bid. Contractors must meet WCPS eligibility requirements in order to bid this project as a prime bidder.

9 10435 Downsville Pike Hagerstown MD MINORITY BUSINESS ENTERPRISE (MBE) This bid /project is not subject to Minority Business Enterprise Procedures for State Funded Public School Construction Projects. PREVAILING WAGE RATES This construction project is not being bid with DLLR Prevailing Wage Rates. 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. BIDDING REQUIREMENTS 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 Scott Bachtell, Supervisor of Purchasing

10 WALK-IN FREEZER/COOLER REPLACEMENT AT WILLIAMSPORT HIGH SCHOOL WASHINGTON COUNTY PUBLIC SCHOOLS Hagerstown, Maryland WALK-IN FREEZER/COOLER REPLACEMENT AT WILLIAMSPORT HIGH SCHOOL At 5 SOUTH CLIFTON DRIVE WILLIAMSPORT, MARYLAND 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 selected contract package included herein, 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 and include all insurance premiums required. PREQUALIFICATION To become prequalified to bid this project, visit our website: The application to participate as a prime bidder in a construction or related project is a two-step process and both steps of the process must be successfully completed in order to submit a bid. Bids received from contractors who have not been pre-qualified by the Purchasing Officer at least seven days prior to the bid opening will be refused or returned unopened to the sender. 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 Award/Proceed and to substantially complete the entire work in accordance with the provisions of the Contract Documents. If this work is not completed within the time period specified, I/we will be liable for Liquidated Damages of $ per calendar day. Bid BID FORM

11 WALK-IN FREEZER/COOLER REPLACEMENT AT WILLIAMSPORT HIGH SCHOOL BASE BID Bidders furnish all labor, materials, services, and equipment necessary to properly complete the Work required for the project in strict accordance with the Contract Documents for the following lump sum total: Lump Sum Total: (Amount in words) DOLLARS $ (Amount in numbers) This bid and construction project is not subject to Prevailing Wage Rates. 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 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. Bid BID FORM

12 WALK-IN FREEZER/COOLER REPLACEMENT AT WILLIAMSPORT HIGH SCHOOL 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 BID FORM

13 WALK-IN FREEZER/COOLER REPLACEMENT AT WILLIAMSPORT HIGH SCHOOL Respectfully submitted, By (Company) (Signature) (Date) (Printed Name) (Title) (Business Address) (Phone) ( address) (SEAL) If bid is by Corporation 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. (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, 20. 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 BID FORM

14 WASHINGTON COUNTY PUBLIC SCHOOLS Downsville Pike, Hagerstown, Maryland MANDATORY 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 suppliers, 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 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:

15 WASHINGTON COUNTY PUBLIC SCHOOLS Downsville Pike, Hagerstown, Maryland (1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority proposal; (2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the bid or proposal; (3) Fail to use the certified minority business enterprise in the performance of the contract; or (4) 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:

16 WASHINGTON COUNTY PUBLIC SCHOOLS Downsville Pike, Hagerstown, Maryland (1) Been convicted under state or federal statute of: (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 C and subsections D (1)- (8) 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

17 WASHINGTON COUNTY PUBLIC SCHOOLS Downsville Pike, Hagerstown, Maryland 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 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.

18 WASHINGTON COUNTY PUBLIC SCHOOLS Downsville Pike, Hagerstown, Maryland H. AFFIRMATION REGARDING COLLUSION I FURTHER AFFIRM THAT: 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 Comptroller 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 employee, 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 of 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

19 WASHINGTON COUNTY PUBLIC SCHOOLS Downsville Pike, Hagerstown, Maryland 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. Date: By: (Print name of Authorized Representative and Affiant) (Signature of Authorized Representative and Affiant) (Company name)

20 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 Downsville Pike 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 16:13:11 on 02/05/2015 under Order No _1 which expires on 05/17/2015, and is not for resale. User Notes: ( ) 1

21 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 16:13:11 on 02/05/2015 under Order No _1 which expires on 05/17/2015, and is not for resale. User Notes: ( ) 2

22 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 16:13:11 on 02/05/2015 under Order No _1 which expires on 05/17/2015, and is not for resale. User Notes: ( ) 3

23 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 16:13:11 on 02/05/2015 under Order No _1 which expires on 05/17/2015, and is not for resale. User Notes: ( ) 4

24 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 16:13:11 on 02/05/2015 under Order No _1 which expires on 05/17/2015, and is not for resale. User Notes: ( ) 5

25 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 16:13:11 on 02/05/2015 under Order No _1 which expires on 05/17/2015, and is not for resale. User Notes: ( ) 6

26 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 16:13:11 on 02/05/2015 under Order No _1 which expires on 05/17/2015, and is not for resale. User Notes: ( ) 7

27 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 RFP 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 of the Board Meeting will result in the protest being deemed "not timely." The WCPS will not respond or address bid protests that do not conform to these instructions. 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 16:13:11 on 02/05/2015 under Order No _1 which expires on 05/17/2015, and is not for resale. User Notes: ( ) 8

28 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 16:13:11 on 02/05/2015. PAGE 1 (Name and location or address)address): (Name, legal status and address)(name and address): Washington County Board of Education Downsville Pike 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 16:13:11 on 02/05/2015 under Order No _1 which expires on 05/17/2015, and is not for resale. User Notes: ( ) 1

29 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 16:13:11 on 02/05/2015 under Order No _1 which expires on 05/17/2015, and is not for resale. User Notes: ( ) 2

30 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 16:13:11 on 02/05/2015 under Order No _1 which expires on 05/17/2015, and is not for resale. User Notes: ( ) 3

31 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 16:13:11 on 02/05/2015 under Order No _1 which expires on 05/17/2015, and is not for resale. User Notes: ( ) 4

32 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 RFP 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 of the Board Meeting will result in the protest being deemed "not timely." The WCPS will not respond or address bid protests that do not conform to these instructions. 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 16:13:11 on 02/05/2015 under Order No _1 which expires on 05/17/2015, and is not for resale. User Notes: ( ) 5

33 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 16:13:11 on 02/05/2015 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 16:13:11 on 02/05/2015 under Order No _1 which expires on 05/17/2015, and is not for resale. User Notes: ( ) 1

34 AIA Document A101 TM 2007 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum AGREEMENT made as of the «17th» day of «April» in the year «Two Thousand Eighteen» (In words, indicate day, month and year) BETWEEN the Owner: «Board of Education of Washington County» «10435 Downsville Pike Hagerstown, MD 21740» and the Contractor: for the following Project: Bid No Walk-In Freezer/Cooler Replacement Williamsport High School 5 South Clifton Drive Williamsport, MD The Architect is: The Owner serves as the Architect for all references contained herein. The Owner and Contractor agree as follows. 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. This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. AIA Document A , General Conditions of the Contract for Construction, is adopted in this document by reference. Do not use with other general conditions unless this document is modified. ELECTRONIC COPYING of any portion of this AIA Document to another electronic file is prohibited and constitutes a violation of copyright laws as set forth in the footer of this document. AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 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 draft was produced by AIA software at 07:07:42 on 09/16/2009 under Order No _1 which expires on 04/12/2010, and is not for resale. User Notes: ( ) 1

35 TABLE OF ARTICLES 1 THE CONTRACT DOCUMENTS 2 THE WORK OF THIS CONTRACT 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 4 CONTRACT SUM 5 PAYMENTS 6 DISPUTE RESOLUTION 7 TERMINATION OR SUSPENSION 8 MISCELLANEOUS PROVISIONS 9 ENUMERATION OF CONTRACT DOCUMENTS 10 INSURANCE AND BONDS ARTICLE 1 THE CONTRACT DOCUMENTS The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Addenda issued prior to execution of this Agreement, other documents listed in this Agreement and Modifications issued after execution of this Agreement, all of which form the Contract, and are as fully a part of the Contract as if attached to this Agreement or repeated herein. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than a Modification, appears in Article 9. ARTICLE 2 THE WORK OF THIS CONTRACT The Contractor shall fully execute the Work described in the Contract Documents, except as specifically indicated in the Contract Documents to be the responsibility of others. ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION 3.1 The date of commencement of the Work shall be the date of this Agreement unless a different date is stated below or provision is made for the date to be fixed in a notice to proceed issued by the Owner. (Insert the date of commencement if it differs from the date of this Agreement or, if applicable, state that the date will be fixed in a notice to proceed.) 3.2 The Contract Time shall be measured from the date of commencement. 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than: «The Contractor shall achieve Substantial Completion of the entire Work not later than:.» Substantial Completion Date Portion of Work Substantial Completion August 17, 2018 Final Completion September 14, 2018 subject to adjustments of this Contract Time as provided in the Contract Documents. «Liquidation damages in the amount of Five Hundred Dollars ($500) per day to apply and shall be assessed against the contractor for delay to Substantial Completion.» AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 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 draft was produced by AIA software at 07:07:42 on 09/16/2009 under Order No _1 which expires on 04/12/2010, and is not for resale. User Notes: ( ) 2

36 ARTICLE 4 CONTRACT SUM 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor s performance of the Contract. The Contract Sum shall be» ($ ), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: Item Price None 4.3 Unit prices, if any: (Identify and state the unit price; state quantity limitations, if any, to which the unit price will be applicable.) Item Price Per Unit ($ 0.00) None 4.4 Allowances included in the Contract Sum, if any: (Identify allowance and state exclusions, if any, from the allowance price.) Item Price None ARTICLE 5 PAYMENTS 5.1 PROGRESS PAYMENTS Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows: Provided that an Application for Payment is received by the Architect not later than the «1 st» day of a month, the Owner shall make payment of the certified amount to the Contractor not later than the «15th» day of the «following» month. If an Application for Payment is received by the Architect after the application date fixed above, payment shall be made by the Owner not later than «Forty-five» («45») days after the Architect receives and approves the Application for Payment Each Application for Payment shall be based on the most recent schedule of values submitted by the Contractor in accordance with the Contract Documents. The schedule of values shall allocate the entire Contract Sum among the various portions of the Work. The schedule of values shall be prepared in such form and supported by such data to substantiate its accuracy as the Architect may require. This schedule, unless objected to by the Architect, shall be used as a basis for reviewing the Contractor s Applications for Payment Applications for Payment shall show the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the Contract Sum allocated to that portion of the Work in the schedule of values, less retainage of Five percent» («5.00%»). Amounts for changes in the work shall not be included on an Application for Payment until the Change Order is executed..2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage of Five percent» «5.00%»). Reference the Washington County Public School s Supplement Conditions to the AIA Document A , page 14 of 23, paragraph for the policy concerning payments for stored materials. AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 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 draft was produced by AIA software at 07:07:42 on 09/16/2009 under Order No _1 which expires on 04/12/2010, and is not for resale. User Notes: ( ) 3

37 .3 Subtract the aggregate of previous payments made by the Owner; and.4 Subtract amounts, if any, for which the Architect has withheld or nullified a Certificate for Payment as provided in Section 9.5 of AIA Document A The progress payment amount determined in accordance with Section shall be further modified under the following circumstances:.1 Upon Substantial Completion of the Work, a sum sufficient to increase the total payments to the full amount of the Contract Sum, less such amounts as the Architect shall determine for incomplete Work, retainage applicable to such work and unsettled claims; and (Section of AIA Document A requires release of applicable retainage upon Substantial Completion of Work with consent of surety, if any..2 If final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable shall be in accordance with Section of AIA Document A Reduction or limitation of retainage, if any, shall be at the sole discretion of the owner Except with the Owner s prior approval, the Contractor shall not make advance payments to suppliers for materials or equipment which have not been delivered and stored at the site. 5.2FINAL PAYMENT Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor per the Washington County Public School s Supplement Conditions to the AIA Document A , paragraph the Contractor has fully performed the Contract except for the Contractor s responsibility to correct Work as provided in Section of AIA Document A , and to satisfy other requirements, if any, which extend beyond final payment; and.2 a final Certificate for Payment has been issued by the Architect The Owner s final payment to the Contractor shall be made no later than 30 days after the issuance of the Architect s final Certificate for Payment, or as follows: ARTICLE 7 TERMINATION OR SUSPENSION 7.1 The Contract may be terminated by the Owner or the Contractor as provided in Article 14 of AIA Document A The Work may be suspended by the Owner as provided in Article 14 of AIA Document A ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 Where reference is made in this Agreement to a provision of AIA Document A or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 8.2 Deleted 8.3 The Owner s representative: Robert H. Rollins, III Director Facilities Planning & Development Downsville Pike Hagerstown, Maryland The Contractor s representative: (Name, address and other information)» AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 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 draft was produced by AIA software at 07:07:42 on 09/16/2009 under Order No _1 which expires on 04/12/2010, and is not for resale. User Notes: ( ) 4

38 8.5 Neither the Owner s nor the Contractor s representative shall be changed without ten days written notice to the other party. 8.6 Other provisions: The following provisions may be fully described in the General Conditions of the Contract for Construction and the associated Supplemental Conditions by Washington County Public Schools. ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated in the sections below The Agreement is this executed AIA Document A , Standard Form of Agreement Between Owner and Contractor The General Conditions are AIA Document A , General Conditions of the Contract for Construction as presented in the Project Manual, as modified by the Board of Education of Washington County The Supplementary and other Conditions of the Contract are those contained in the Project Manual; dated March 7, The Specifications are those contained in the Project Manual dated March 7, 2018 as in Section and are listed in Exhibit A The Drawings are dated March 7, 2018 and listed in Exhibit B unless modified by the Addenda listed in Section below: The Addenda, if any: Number Date ARTICLE 10 INSURANCE AND BONDS 10.1 Deleted 10.2 The Contractor shall provide insurance with limits as described within Article 11 of the General Conditions of the Contract for Construction AIA Contract A , as amended by the Board of Education of Washington County Certificate of Insurance: Prior to proceeding with the work, the contractor agrees to provide a Certificate of Insurance with the application coverage as listed in the Specifications:» List the Certificate Holder and Additional Insured as: List the Project as: Board of Education of Washington County Walk-In Freezer/Cooler Replacement Downsville Pike Williamsport High School Hagerstown, Maryland South Clifton Drive Williamsport, MD This Agreement entered into as of the day and year first written above and is executed in at least three original copies, of which one is to be delivered to the Contractor, one to the Architect for use in the administration of the Contract, and the remainder to the Owner. OWNER (Signature) «Dr. Boyd J. Michael, III» «Superintendent of Schools» (Printed name and title) CONTRACTOR (Signature) (Printed name and title) AIA Document A Copyright 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997 and 2007 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 draft was produced by AIA software at 07:07:42 on 09/16/2009 under Order No _1 which expires on 04/12/2010, and is not for resale. User Notes: ( ) 5

39 WASHINGTON COUNTY PUBLIC SCHOOLS Downsville Pike, Hagerstown, Maryland 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:

40 WASHINGTON COUNTY PUBLIC SCHOOLS Downsville Pike, Hagerstown, Maryland 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 or general election. E. DRUG AND ALCOHOL FREE WORKPLACE (Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head s designee has determined that application of COMAR and this certification would be inappropriate in connection with the law enforcement agency s undercover operations.) I CERTIFY THAT: (1) Terms defined in COMAR shall have the same meanings when used 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

41 WASHINGTON COUNTY PUBLIC SCHOOLS Downsville Pike, Hagerstown, Maryland business workplace and specifying the actions that will be taken against employees for violation of the prohibitions; (c) Prohibit its employees from working under the influence of drugs or alcohol; (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) 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.

42 WASHINGTON COUNTY PUBLIC SCHOOLS Downsville Pike, Hagerstown, Maryland (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 the abuse 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; (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: (Print name of Authorized Representative and Affiant) (Signature of Authorized Representative and Affiant) (Company name)

43 AIA Document G Copyright 1953, 1963, 1965, 1978 and 1992 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 draft was produced by AIA software at 13:51:20 on 02/13/2009 under Order No _1 which expires on 4/13/2009, and is not for resale. User Notes: ( ) OTHER: 1 AIA Document G702 TM 1992 Application and Certificate for Payment TO OWNER: Washington County Public Schools 82 Commonwealth Avenue Hagerstown, MD FROM CONTRACTOR: PROJECT: CONTRACT FOR: General Construction ARCHITECT: APPLICATION NO: 001 Distribution to: PERIOD TO: OWNER: VIA ARCHITECT: CONTRACT DATE: PROJECT NOS: / / CONTRACTOR: FIELD: CONTRACTOR'S APPLICATION FOR PAYMENT The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance Application is made for payment, as shown below, in connection with the Contract. with the Contract Documents, that all amounts have been paid by the Contractor for Work for Continuation Sheet, AIA Document G703, is attached. which previous Certificates for Payment were issued and payments received from the Owner, and 1. ORIGINAL CONTRACT SUM... $ 0.00 that current payment shown herein is now due. 2. Net change by Change Orders... $ 0.00 CONTRACTOR: 3. CONTRACT SUM TO DATE (Line 1 ± 2)... $ 0.00 By: Date: 4. TOTAL COMPLETED & STORED TO DATE (Column G on G703)... $ 0.00 State of: 5. RETAINAGE: County of: a. 0 % of Completed Work Subscribed and sworn to before (Column D + E on G703) $ 0.00 me this day of b. 0 % of Stored Material (Column F on G703) $ 0.00 Notary Public: Total Retainage (Lines 5a + 5b or Total in Column I of G703)... $ 0.00 My Commission expires: 6. TOTAL EARNED LESS RETAINAGE... $ 0.00 ARCHITECT'S CERTIFICATE FOR PAYMENT (Line 4 Less Line 5 Total) In accordance with the Contract Documents, based on on-site observations and the data comprising 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT... $ 0.00 this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in (Line 6 from prior Certificate) accordance with the Contract Documents, and the Contractor is entitled to payment of the 8. CURRENT PAYMENT DUE... $ 0.00 AMOUNT CERTIFIED. 9. BALANCE TO FINISH, INCLUDING RETAINAGE AMOUNT CERTIFIED... $ 0.00 (Line 3 less Line 6) $ 0.00 (Attach explanation if amount certified differs from the amount applied. Initial all figures on this Application and on the Continuation Sheet that are changed to conform with the amount certified.) CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS ARCHITECT: Total changes approved in previous months by Owner $ 0.00 $ 0.00 By: Date: Total approved this Month $ 0.00 $ 0.00 TOTALS $ 0.00 $ 0.00 NET CHANGES by Change Order $ 0.00 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under this Contract

44 GRAND TOTAL $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ % $ 0.00 $ 0.00 AIA Document G Copyright 1963, 1965, 1966, 1967,1970, 1978, 1983 and 1992 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 draft was produced by AIA software at 13:53:52 on 02/13/2009 under Order No _1 which expires on 4/13/2009, and is not for resale. User Notes: ( ) 1 Continuation Sheet AIA Document G703 TM 1992 AIA Document G702, APPLICATION AND CERTIFICATION FOR PAYMENT, APPLICATION NO: 001 containing Contractor's signed certification is attached. In tabulations below, amounts are stated to the nearest dollar. APPLICATION DATE: Use Column I on Contracts where variable retainage for line items may apply. PERIOD TO: ARCHITECT'S PROJECT NO: A B C D E F G H I WORK COMPLETED TOTAL MATERIALS FROM COMPLETED BALANCE TO RETAINAGE ITEM SCHEDULED PRESENTLY % DESCRIPTION OF WORK PREVIOUS AND STORED FINISH (IF VARIABLE NO. VALUE THIS PERIOD STORED (NOT (G C) APPLICATION TO DATE (C - G) RATE) IN D OR E) (D + E) (D+E+F)

45 TM Document G704 Certificate of Substantial Completion PROJECT: PROJECT NUMBER: / (Name and address) CONTRACT FOR: General Construction CONTRACT DATE: TO OWNER: (Name and address) TO CONTRACTOR: (Name and address) 2000 OWNER: ARCHITECT: CONTRACTOR: FIELD: OTHER: PROJECT OR PORTION OF THE PROJECT DESIGNATED FOR PARTIAL OCCUPANCY OR USE SHALL INCLUDE: The Work performed under this Contract has been reviewed and found, to the Architect s best knowledge, information and belief, to be substantially complete. Substantial Completion is the stage in the progress of the Work when the Work or designated portion is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy or utilize the Work for its intended use. The date of Substantial Completion of the Project or portion designated above is the date of issuance established by this Certificate, which is also the date of commencement of applicable warranties required by the Contract Documents, except as stated below: Warranty Date of Commencement ARCHITECT BY DATE OF ISSUANCE A list of items to be completed or corrected is attached hereto. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. Unless otherwise agreed to in writing, the date of commencement of warranties for items on the attached list will be the date of issuance of the final Certificate of Payment or the date of final payment. Cost estimate of Work that is incomplete or defective: $0.00 The Contractor will complete or correct the Work on the list of items attached hereto within Zero (0) days from the above date of Substantial Completion. CONTRACTOR BY DATE The Owner accepts the Work or designated portion as substantially complete and will assume full possession at (date). (time) on OWNER BY DATE The responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to the Work and insurance shall be as follows: (Note: Owner s and Contractor s legal and insurance counsel should determine and review insurance requirements and coverage.) AIA Document G Copyright 1963, 1978, 1992 and 2000 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 14:22:10 on 08/27/2013 under Order No _1 which expires on 04/17/2014, and is not for resale. User Notes: ( ) 1

46

47

48

49

50

51

52

53

54

55

56

57

58

59

60

61

62

63

64

65

66

67

68

69

70

71

72

73

74

75

76

77

78

79

80

81

82

83