5-01. 009.26.B3 CO Data Center CRAC Unit Replacement Bid Documents.pdf

NOTICE TO BIDDERS 00200

NOTICE TO BIDDERS - INVITATION TO BID #009.26.B3

Central Office Data Center Computer Room A/C Unit Replacement

THE HOWARD COUNTY PUBLIC SCHOOL SYSTEM

10910 CLARKSVILLE PIKE

ELLICOTT CITY, MD 21042

PROJECT SUMMARY

This contract primarily consists of the replacement of the computer room air conditioning units (CRACU) and associated appurtenances in the 1,500 square foot data center in the HCPSS Central Office, located at 10910 Clarksville Pike, Ellicott City, MD 21042.

The construction timeframe shall be 3/2/2026 – 4/10/2026.

A link and instructions for registering in the Bonfire portal can be located on the HCPSS Purchasing website at: https://purchasing.hcpss.org/business-opportunities.

BONFIRE CONTACT

If you need support, please email support@gobonfire.com or call 844-226-3862.

BIDS POSTED

Bid documents may be obtained on Thursday, September 18, 2025 on Bonfire’s website, https://hcpss.bonfirehub.com/portal/?tab=openOpportunities.

PRE-BID TELECONFERENCE

A Pre-bid teleconference to be attended by all bidders will be held on Wednesday, September 24, 2025 at 10:00 AM, Directions to join conference are as follows; Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 301-960-8312,,297088477# United States, Silver Spring Phone Conference ID: 297 088 477# Howard County Public School System staff will explain the scope of work and answer any questions about the bidding specifications that will assist in the preparation of bids. Attendance is not mandatory, however, it is highly recommended.

Please note that you must show up on the tele-conference call in person.

No Recordings, No Tele-Bots, No “AI” Bots or similar actions will be allowed.

Any questionable connections will be terminated from the call immediately.

SITE VISIT

A site visit will be at HCPSS Board of Education Central Office, 10910 Clarksville Pike, Ellicott City, MD 21042 on Wednesday, September 24, 2025 at 12:00 PM. The Engineer and HCPSS Project Manager will explain the scope of the project and answer questions about the bidding documents that will assist in the preparations of bids. Attendance is not mandatory but strongly recommended and will assist the Owner in evaluating bids to determine if the bid can be considered responsive and/or responsible. All interested bidders should meet outside the front entrance of the school prior to 12:00 PM and then will be escorted by school staff to the site.

QUESTIONS

All questions shall be directed, in writing, no later than 1:00 PM, Tuesday, September 30, 2025 via the Bonfire website, https://hcpss.bonfirehub.com/portal/?tab=openOpportunities. The Howard County Public School System is under no obligation to respond to any questions that are received after the cutoff date and time. Only answers provided via addenda issued by the HCPSS will be binding. Under no circumstances are bidders, including third party vendors or their staff, to contact any other HCPSS Staff, https://purchasing.hcpss.org/business-opportunities mailto:support@gobonfire.com https://hcpss.bonfirehub.com/portal/?tab=openOpportunities https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDkyYzk0ZDUtMWY3Ny00YzlkLWFlMzItZWRkMmI2YTkyNjgw%40thread.v2/0?context=%7b%22Tid%22%3a%2296a9ac4c-477e-4dad-a2b2-8ad3fc46790b%22%2c%22Oid%22%3a%229ae86f73-158e-4805-8f7b-deb0d9f31724%22%7d https://teams.microsoft.com/l/meetup-join/19%3ameeting_NDkyYzk0ZDUtMWY3Ny00YzlkLWFlMzItZWRkMmI2YTkyNjgw%40thread.v2/0?context=%7b%22Tid%22%3a%2296a9ac4c-477e-4dad-a2b2-8ad3fc46790b%22%2c%22Oid%22%3a%229ae86f73-158e-4805-8f7b-deb0d9f31724%22%7d https://hcpss.bonfirehub.com/portal/?tab=openOpportunities

NOTICE TO BIDDERS 00200

employees or any related constituency for purposes associated with this solicitation, including but not limited to, obtaining or providing information. Bidders failing to comply with this requirement may be disqualified.

BIDS DUE

Bids shall be submitted electronically no later than Thursday, October 9, 2025 at 1:00 PM. via the Bonfire website, https://hcpss.bonfirehub.com/portal/?tab=openOpportunities.

The bid opening will not be public. Sealed bids will be opened electronically by the Purchasing Officer after the due date and time. The Purchasing Officer shall provide the bid results via a bid tab to be posted on the Bonfire Portal within a reasonable time after the bid opening for all bidders to review.

ADDENDA

It is the bidders sole responsibility to regularly visit the Bonfire Portal listed above to download and acknowledge receipt of all Addenda. It is highly recommended that bidders ascertain if they have received all the addenda issued prior to submitting their proposal. Failure of any bidder to receive any such Addenda or interpretation may not relieve such bidder from obligation under his/her proposal as submitted.

The Board reserves the right to waive any informalities in, or to reject any or all bids.

Howard County Public School System shall not be responsible for errors or omissions made by the printer or advertising houses which prepare bid documents, addenda, or advertising services.

Instructions pertaining to the Bid Bond, Surety Checks, Performance and Materials Payment Bond requirements are contained in the bid documents.

Certified Minority Business Enterprises are encouraged to respond to this solicitation notice.

The bidder or offeror is required to submit with its bid or proposal a completed Attachment A - Certified MBE Utilization and Fair Solicitation Affidavit and Attachment B - MBE Participation Schedule, as described in the solicitation documents. Each bid or offer submitted, including a submittal from a certified MBE in response to this solicitation, shall be accompanied by a completed Attachment A - Certified MBE Utilization and Fair Solicitation Affidavit and a completed Attachment B - MBE Participation Schedule. These two attachments must be accurate and consistent with each other. Attachment A and Attachment B shall be submitted with the sealed bid price at the place, date, and time specified in the solicitation document. The bidder or offeror must check one of the three boxes on Attachment A, which relates to the level of MBE participation achieved for the project.

The contractor or supplier who provides materials, supplies, equipment and/or services for this project shall attempt to achieve the specific overall MBE goal of 10% percent established for this project from Minority-owned businesses. All prime contractors, including certified MBE firms, when submitting bids or proposals as general or prime contractors, are required to attempt to achieve this goal from certified MBE firms.

Bidders are encouraged to review Section 00730 of the bidding documents for the full Minority Business Enterprise Procedures.

The bidder must check one of the three boxes on Attachment A, which relates to the level of MBE participation achieved for the project. The bidder’s signature indicates that in the event that they did not meet the MBE goal or sub-goals, if applicable, that: 1) They are therefore requesting a waiver, and 2) Documentation of their good faith efforts will be provided to the school system staff within 10 days of being notified that they are the apparent low bidder.

Contractors are required to register on eMaryland Marketplace Advantage at eMaryland Marketplace Advantage (eMMA) within five days following notice of award. Maryland law requires local and state agencies to post award notices on eMaryland Marketplace Advantage. This cannot be done without the contractor’s self-registration in the system. Registration is free. Failure to comply with this requirement may be considered grounds for default. It is recommended that any interested bidder register with eMaryland Marketplace Advantage regardless of the award outcome for this procurement as it is a valuable resource for bid notification for municipalities throughout Maryland.

Kristal Burgess Procurement Specialist https://hcpss.bonfirehub.com/portal/?tab=openOpportunities https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage

§ 7.1.6 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Contract, the Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made.

§ 7.1.7 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.

§ 7.2 TIME OF DELIVERY AND FORM OF BONDS

§ 7.2.1 The Bidder shall deliver the required bonds to the Owner with the executed contract and dated with the date of contract. If the Work is to be commenced prior thereto in response to a letter of intent, the Bidder 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 7 .2.1.

§ 7.2.2 Unless otherwise provided, the bonds shall be written on AIA Document A312-2010, Performance Bond and Labor and Material Payment Bond. Both bonds shall be written in the amount of the Contract Sum.

§ 7.2.4 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 effective as of the date of execution of the contract..

ARTICLE 8 FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR

Unless otherwise required in the Bidding Documents, the Agreement for the Work will be written on AIA Document AlOl-2007 edition as modified by Howard County Public School System, Standard Form of Agreement Between Owner and Contractor Where the Basis of Payment Is a Stipulated Sum.

AIA Document A701 - 2018. Copyright© 1970, 1974, 1978, 1987, 1997 and 2018. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at

14:28:01 EDT on 07/25/2025 under Subscription No.20250092573 which expires on 01/21/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (6883cc9ddc2a3dacb33ab791)

Bid #009.26.B3

SECTION 00300

FORM OF PROPOSAL

Central Office Data Center Computer Room A/C Unit Replacement

BID #009.26.B3

Date: Owner: Board of Education of Howard County Maryland 10910 Clarksville Pike Ellicott City, MD 21042

(410) 313-6723

Contractor: Engineer/Architect:

The undersigned, having carefully examined the Bid Announcement and Bid Documents proposes to furnish all specified materials and specified equipment in strict accordance with the aforesaid documents for the Lump Sums as follows:

BASE BID

1. Complete installed cost for this project and all appurtenances, as indicated on the Drawings, Specifications and addenda.

TOTAL BASE BID: $

Please indicate below your Total Base Bid amount in words:

and /100 Dollars.

NOTE: Bid Form shall reflect bids for the project as shown in the contract specifications and addenda.

Substitutions shall be included in the section "Proposed Substitutions."

* Note: References to Architect will also include Engineer in all bid documents.

PROPOSED SUBSTITUTIONS

Proposed substitutions shall be submitted in accordance with Instructions to Bidders, see Section 00100 Instructions to Bidders, Article 3, Bidding Documents, 3.3 Substitutions. Bids will be considered on systems, processes, or products of manufacturers other than those cited if accompanied by detailed technical specifications for each item, catalogs, test reports, brochures, and other descriptive literature and supporting data, sufficient in detail to permit evaluation of the proposed substitution without further reference.

Proposed Substitutions Price Change

James Posey Associates 11155 Red Run Blvd.

Baltimore, MD 21117

(410) 265-6100

REFERENCES

Bidders are hereby required to list three references for whom similar work has previously been performed within the last three years:

Name: ______________________________________________________________

Address of Site: _______________________________________________________

Nature of Job: _______________________________________________________

Person to contact: ____________________________________________________

Telephone: __________________________________________________________

Nature of Job: _______________________________________________________

Telephone: _________________________________________________________

Nature of Job: _______________________________________________________

Telephone: _________________________________________________________

COMPANY INFORMATION

Name of company years in business

Street Address

City State Zip

Telephone # Fax #

CONTRACT ADMINISTRATOR

Name Title

Address Phone

Cell phone e-mail

ADDENDA

Receipt of the following addenda is acknowledged:

Addendum No. Dated______________ Addendum No. Dated______________

Addendum No. Dated______________ Addendum No. Dated______________

Addendum No. Dated______________ Addendum No. Dated______________

WARRANTY TO THE LUMP SUM

The undersigned affirms that the above base bid and alternates represents the entire cost of the project in accordance with the bid documents and that no claim will be made on account of any increase in wage, scales, material prices, taxes, fasts, cost indexes or any other rate affecting the construction industry and/or this project.

If the undersigned received written notice of the acceptance, at his designated address, within sixty (60) days after bid opening (or later if bid has not been withdrawn), the undersigned agrees to execute and deliver a contract and bonds in accordance with the bid as accepted, within seven (7) days after receiving notice, or forfeit the amount of the bid bond.

AFFIDAVIT

Special Instructions: An authorized representative of the bidder shall complete the following affidavit in accordance with these bid documents and insert answer to paragraphs 1 and 3.

Statutory Affidavit and Non-Collusion Certification

I, _________________________________________, being duly sworn, depose and state:

1. I am the _______________________________________ (officer) and duly authorized

Representative of the firm named _________________________________________ whose address is _____________________________________ and that I possess the authority to make this affidavit and certification on behalf of myself and the firm for which I am acting.

2. Except as described in Paragraph 3 below, neither I, nor to the best of my knowledge, the above firm, nor any of its officers, directors, or partners, employees, agents, or employees of agents who are directly involved in obtaining or performing contracts with any public bodies has:

(a.) Been convicted of bribery, attempted bribery, or conspiracy to bribe, under the laws of any state of the federal government;

(b.) Been convicted under the laws of the state, another state, or the United States of: a criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or fraud, embezzlement, theft, forgery, falsification or destruction of records, or receiving stolen property;

(c.) Been convicted of a criminal violation of an antitrust statute of the State of Maryland, another state, or the United States;

(d.) Been convicted of a violation of the Racketeer Influenced and Corrupt Organization Act, or the Mail Fraud Act, for acts in connection with the submission of bids or proposals for a public or private contract;

(e.) Been convicted of any felony offenses connected with obtaining, holding, or maintaining a minority business enterprise certification, as prohibited by Section 14-308 of the State Finance and Procurement Article;

(f.) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction under any of the laws or statutes described in Paragraph (a) through (e) above; or

(g.) Been found civilly liable under an antitrust statute of this State, another state, or the United States for acts or omissions in connection with the submission of bids or proposals for a public or private contract.

3. The only conviction, plea, or admission by any officer, director, partner, or employee of this firm to involvement in any of the conduct described in Paragraph 2 above is as follows:

If none, write "None" below. If involvement, list the date, count, or charge, official or administrative body, the individuals, their position with the firm and the sentence or disposition of the charge.

(you may attach an explanation as necessary)

4. I affirm that this firm will not knowingly enter into a contract with a public body under which a person or business debarred or suspended under Maryland State Finance and Procurement Title 16, subtitle 3, Annotated Code of Maryland, as amended, will provide, directly or indirectly, supplies, services, architectural services, construction-related services, leases of real property, or construction.

5. I affirm that this proposal or bid to the Board of Education of Howard County Maryland is genuine and not collusive or a sham; that said bidder has not colluded, conspired, connived and agreed, directly or indirectly, with any bidder or person to put in a sham bid or to refrain from bidding and is not in any manner, directly or indirectly, sought by agreement of collusion or communication or conference, with any person to fix the bid prices of the affidavit or any other bidder, or to fix any overhead, profit or cost element of said bid price, or that if any bidder, or to secure an advantage against the Board of Education of Howard County Maryland or any other person interested in the proposed contract; and that all statements in the proposal or bid are true. I acknowledge that, if the representations set forth in this affidavit are not true and correct, the Board of Education of Howard County Maryland may terminate any contract awarded and take any other appropriate action.

6. I affirm that this firm will not knowingly employ an individual to work at a school if the individual is a

Registered Sexual Offender, pursuant to section 11-722 ( C ) of the Criminal Procedure Article of the Annotate Code of Maryland. A firm or person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

The statements contained in this affidavit shall be incorporated into the awarded contract as material provisions and shall be effective throughout the life of the contract. The firm has a continuing obligation through the life of the contract to submit a revised affidavit should the firm discover information, or events occur, which render the contents of this affidavit erroneous or incomplete or which would result in the firm providing a different response. The firm’s failure to submit a revised affidavit within three (3) working days of either its awareness of any error, change of circumstances, incompleteness, etc., or request by the owner shall constitute breach of contract. Upon submission of a revised affidavit, the owner has the right to take such actions as may be necessary, in the judgment of the owner, to maintain and enforce the provisions of the affidavit, including termination of the contract.

I DO SOLEMINLY DECLARE AND AFFIRM under the penalties of penalties that the contents of these affidavits (Statutory and Non-Collusion) are true and correct, that I am executing this Affidavit in compliance with Section 16-311 of the State Finance and Procurement Article, Annotated Code of Maryland, and the Non-Collusion Certification in compliance with requirements of the Board of Education of Howard County Maryland, and that I am executing and submitting this Form of Proposal on behalf of and with full authority by the bidder named below.

(Signature of Bidder) (Date)

(Print Name of Bidder) (Title of Bidder)

SUBSCRIBED AND SWORN to before me on this _________ day of _________________, 20___.

NOTARY PUBLIC

Name_______________________________________ Seal:

My Commission Expires_________________________

(Legal Name of Company)

(Address)

(City) (State) (Zip)

(Telephone) (Fax)

(E-mail address)

Contractor's License Number # _________________________________________________

We are/I am licensed to do business in the State of Maryland as a:

( ) Corporation ( ) Partnership ( ) Individual ( ) Other eMaryland Marketplace Advantage (eMMA)#: ______________________________________

PROJECT: _____________________________________________

PSC#: _______________________________________________

Attachment A (page 1 of 2)

CERTIFIED MINORITY BUSINESS ENTERPRISE

UTILIZATION AND FAIR SOLICITATION AFFIDAVIT

NOTE: You must include this document with your bid or offer. If you do not submit the form with your bid or offer, the procurement officer shall deem your bid non-responsive or your offer not reasonably susceptible of being selected for award.

Part I.

I acknowledge the:

• Overall certified MBE subcontract participation goal of __%. and

• The subgoals, if applicable, of:

• _ _ % for certified African American-owned businesses and

• _ _ % for certified Women-owned businesses.

I have made a good-faith effort to achieve this goal. If awarded the contract, I will continue to attempt to increase MBE participation during the project.

Part II.

Check ONE Box

NOTE: FAILURE TO CHECK ONE OF BOXES 1, 2, or 3 BELOW WILL RENDER A BID

NON-RESPONSIVE OR AN OFFER NOT REASONABLY SUSCEPTIBLE OF BEING

SELECTED FOR AWARD

NOTE: INCONSISTENCY BETWEEN THE ASSERTIONS ON THIS FORM AND THE

INFORMATION PROVIDED ON THE MBE PARTICIPATION SCHEDULE

(ATTACHMENT B) MAY RENDER A BID NON-RESPONSIVE OR AN OFFER NOT

REASONABLY SUSCEPTIBLE OF BEING SELECTED FOR AWARD

1 I have met the overall MBE goal and MBE subgoals for this project. I submit with this Affidavit [Attachment A] the MBE Participation Schedule [Attachment B], which details how I will reach that goal.

or 2 After having made a good-faith effort to achieve the overall MBE goal and MBE subgoals for this project, I can achieve partial success only. I submit with this Affidavit [Attachment A] the MBE Participation Schedule [Attachment B], which details the MBE participation I have achieved.

I request a partial waiver as follows:

• Waiver of overall MBE subcontract participation goal: ____ %

• Waiver of MBE subcontract participation subgoals, if applicable:

• ____ % for certified African American-owned businesses and

• ____ % for certified Woman-owned businesses.

Within 10 days of being informed that I am the apparent awardee, I will submit MBE Waiver Documentation [Attachment F] (with supporting documentation).

Attachment A (page 2 of 2) or

3 After having made a good faith effort to achieve the overall MBE goal and MBE subgoals for this project, I am unable to achieve any portion of the goal or subgoals. I submit with this Affidavit [Attachment A] the MBE Participation Schedule [Attachment B].

I request a full waiver.

Within 10 days of being informed that I am the apparent awardee, I will submit MBE Waiver Documentation [Attachment F] (with supporting documentation).

Part III.

I understand that if I am the apparent awardee or conditional awardee, I must submit within 10 working days after receiving notice of the potential award or within 10 days after the date of conditional award – whichever is earlier – the:

• Outreach Efforts Compliance Statement (Attachment C)

• Subcontractor Project Participation Statement (Attachment D)

• Minority Subcontractors Unavailability Certificate (Attachment E) (if applicable)

• Any other documentation the Procurement Officer requires to ascertain my responsibility in connection with the MBE participation goal and subgoals

I acknowledge that if I fail to timely return complete documents, the Procurement Officer may determine that I am not responsible and therefore not eligible for contract award. If the contract has been awarded, the award is voidable.

I acknowledge that the MBE subcontractors/suppliers listed in the MBE Participation Schedule and any additional MBE subcontractor/suppliers identified in the Subcontractor Project Participation Statement will be used to accomplish the percentage of MBE participation that I intend to achieve.

In the solicitation of subcontract quotations or offers, MBE subcontractors were provided the same information and amount of time to respond as were non-MBE subcontractors.

The solicitation process was conducted in such a manner so as to not place MBE subcontractors at a competitive disadvantage to non-MBE subcontractors.

I solemnly affirm under the penalties of perjury that this Affidavit is true to the best of my knowledge, information, and belief.

Bidder/Offeror Name Affiant Signature Address Printed Name & Title Address (continued) Date

October 2017

ATTACHMENT B

NON-WAGE SCALE

MBE PARTICIPATION SCHEDULE

This document must be included with the bid or offer. If the bidder or offeror fails to submit this form with the bid or offer as required, the procurement officer shall deem the bid non- responsive or shall determine that the offer is not reasonably susceptible of being selected for award.

October 1, 2017

1. Prime Contractor’s Name 2. Prime Contractor’s Address/Telephone Number

3. Project/School Name 4. Project/School Location

5. LEA Name:.

PSC Number:

6. Base Bid Amount $ _________________________

Acceptance Alternates $ _________________________

Total $ _________________________ 7a.

Minority Firm Name: ____________________________________________

Minority Firm Address: ___________________________________________ Telephone Number: _____________________________

MDOT Firm Certification Number: ___________________________________ NAICS Code: __________________________________ □African American □ Asian American □ Native American □ Women □ Hispanic □ Disabled

Subcontractor Firm (Select One)

Allowable Percentage

Percentage of Total Contract

Subcontractor Dollar Amount

Participation Amount

MDOT Certified Firm 100% $ $

MDOT Certified Prime Contractor

50% of established goal OR $ $ 100% of one subgroup contract subgoal

MDOT Certified Supplier, Wholesaler and Regular Dealer

60% $ $

7b Minority Firm Name: ____________________________________________

Minority Firm Address: ___________________________________________ Telephone Number: _____________________________

MDOT Firm Certification Number: ___________________________________ NAICS Code: __________________________________ □African American □ Asian American □ Native American □ Women □ Hispanic □ Disabled

Subcontractor Firm (Select One)

Allowable Percentage

Percentage of Total Contract

Subcontractor Dollar Amount

Participation Amount

MDOT Certified Firm 100% $ $

MDOT Certified Prime Contractor

50% of established goal OR $ $ 100% of one subgroup contract subgoal

MDOT Certified Supplier, Wholesaler and Regular Dealer

60% $ $

7c Minority Firm Name: ____________________________________________

Minority Firm Address: ___________________________________________ Telephone Number: _____________________________

MDOT Firm Certification Number: ___________________________________ NAICS Code: __________________________________ □African American □ Asian American □ Native American □ Women □ Hispanic □ Disabled

Subcontractor Firm (Select One)

Allowable Percentage

Percentage of Total Contract

Subcontractor Dollar Amount

Participation Amount

MDOT Certified Firm 100% $ $

MDOT Certified Prime Contractor

50% of established goal OR $ $ 100% of one subgroup contract subgoal

MDOT Certified Supplier, Wholesaler and Regular Dealer

60% $ $

8. MBE Total Amount 9. Total MBE Percent of Entire Contract

10. Form Prepared by:

Name: ____________________________________________________ Title: ____________________________________________________ Date: ____________________________________________________

11. Reviewed and Accepted by Board of Edu. MBE Liaison Name: ___________________________________

Title: ____________________________________ Date ____________________________________

Total MBE Participation: $ ___________________ _____________% Total African-American Participation: $ ___________________ _____________% Total Women Owned MBE Participation: $ ___________________ _____________% Total Other Participation: $___________________ _____________%

ORIGINAL[ ]

REVISED[ ]

Document A310

- 2010

Bid Bond

CONTRACTOR:

(Name, legal status and address)

As Principal, hereinafter called the Principal, and a corporation duly organized under the laws of the State of as Surety, hereinafter called the Surety, are held and firmly bound unto

As Obligee, hereinafter called the Obligee, in the sum of

Dollars($ ) $ ..................................................................... , for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, or heirs, executors, administrators, successors and assigns jointly and severally firmly by these presents.

OWNER

Howard County Public School System 10910 Clarksville Pike Ellicott City, MD 21042

PROJECT:

(Name, location or address, and Project number, if any)

NOW, Therefor, if the Obligee shall accept the bid of Principal and the Principal shall enter into a Contract with the Obligee in accordance with the term of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to Obligee the difference not to exceed the penalty thereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.

(Paragraph deleted)

ADDITIONS AND DELETIONS:

The author of this document may have revised the text of the original AIA standard form. An Additions and Deletions Report that notes 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 to or deleted from the original AIA text.

This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification.

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.

AIA Document A31 0 - 2010. Copyright© 1963, 1970 and 2010. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:34:45 EDT on

07/25/2025 under Subscription No.20250092573 which expires on 01/21/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (6883b1 b058618387944f6734)

Signed and sealed this _ _ __ day of _ _ __ _ _ _

(Contractor as Principal) (Seal)

(Witness) (Title)

(Surety) (Seal)

(Witness) (Title)

AIA Document A31 0 - 2010. Copyright© 1963, 1970 and 2010. All rights reserved. "The American Institute of Architects," "American Institute of Architects," "AIA," the AIA Logo, and "AIA Contract Documents" are trademarks of The American Institute of Architects. This document was produced at 12:34:45 EDT on

07/25/2025 under Subscription No.20250092573 which expires on 01/21/2026, is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (6883b1 b058618387944f6734)

Document A101® – 2017 Standard Form of Agreement Between Owner and Contractor where the basis of payment is a Stipulated Sum

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:23:02 EDT on 07/24/2025 under Subscription No.20250092573 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright violations, e-mail docinfo@aiacontracts.com.

User Notes: (640e2aedf442e4498d0967f6)

ADDITIONS AND DELETIONS:

The author of this document may have revised the text of the original AIA standard form. An Additions and Deletions Report that notes 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 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.

The parties should complete A101®–2017, Exhibit A, Insurance and Bonds, contemporaneously with this Agreement. AIA Document A201®–2017, 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.

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AGREEMENT made as of the day of in the year (In words, indicate day, month and year.)

BETWEEN the Owner:

(Name, legal status, address and other information) and the Contractor:

for the following Project:

(Name, location and detailed description)

The Architect:

The Owner and Contractor agree as follows.

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:23:02 EDT on 07/24/2025 under Subscription No.20250092573 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright

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, Request for Proposal and Solicitation Documents <<Bid # - Title>>, 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. If there is any question, discrepancy, or ambiguity regarding the Contractor’s scope of work, it is the responsibility of the Contractor to clarify with the Owner prior to providing a price proposal and accepting the work under this Agreement.

Contract Package: <<Bid # - Title>>

Alternate No.: << >>

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.

§ 3.2 The Contract Time shall be measured from the date of commencement, that shown on the Progress Schedule.

§ 3.3 The Contractor shall achieve Substantial Completion of the entire Work not later than ……………………........ The respective dates applicable to this Contract as indicated on the Progress Schedule. The fully developed Progress Schedule issued by Architect/Owner, and hereby fully incorporated into this Agreement, contains, Portion of Work Substantial Completion << >>

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:23:02 EDT on 07/24/2025 under Subscription No.20250092573 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright subject to adjustments of this Contract Time as provided in the Contract Documents.

Liquidated Damages in the sum of one thousand ($1000.00) for each calendar day shall be assessed for any delays in achieving Substantial Completion, except as noted in Article 8 of the General Conditions of the Contract for Construction.

“Substantial Completion” as defined in Article 9.8 of the General Conditions of the Contract for Construction. In addition to Liquidated Damages for delay, as provided above, the Owner shall be entitled to such other damages for breach of contract as more fully provided in the General Conditions for Contract for Construction.

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 Alternates § 4.1 The Owner shall pay the Contractor the Contract Sum in current funds for the Contractor's performance of the Contract including Alternates and Substitutions the Contract Sum shall be in the amount not to exceed (NTE):

$<< >> (<< Amount spelled out >>). In addition to the NTE, the Board has approved a contingency in the amount of $<< >> (<< Amount spelled out >>) for HCPSS’ use as may be required for additional costs incurred due to unforeseen or unanticipated costs and work to complete the project. The Contractor shall obtain written approval from HCPSS prior to using the contingency, and approval shall be at the sole discretion of HCPSS. If, upon completion of the project, funds remain in the contingency, the remaining balance becomes the property of HCPSS.

§ 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:

Alternate Numbers: << >>

(State the numbers or other identification of accepted alternates. If the bidding or proposal documents permit the Owner to accept other alternates subsequent to the execution of this Agreement, attach a schedule of such other alternates showing the amount for each and the date when that amount expires.)

§ 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 As listed in the Form of Proposal;

ARTICLE 5 PAYMENTS

§ 5.1 PROGRESS PAYMENTS

§ 5.1.1 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.

§ 5.1.2 The period covered by each Application for Payment shall be one calendar month ending on the last day of the month, or as follows:

Contractor shall submit to the Architect on the last day of each month a draft of a Standard Monthly Contractors Requisition for Payment, on AIA Document G702 – 1992 and AIA Document G703 – 1992

§ 5.1.5 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.

§ 5.1.6 Subject to other provisions of the Contract Documents, the amount of each progress payment shall be computed as follows:

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:23:02 EDT on 07/24/2025 under Subscription No.20250092573 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright

.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 ten percent ( 10 % )

.2 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 ten percent ( 10 % );

§ 5.1.7 Deleted

§ 5.1.8 Reduction or limitation of retainage, if any, shall be as follows:

As described in the General Conditions for the Contract of Construction.

§ 5.1.9 Deleted

§ 5.2 FINAL PAYMENT

§ 5.2.1 1 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor in accordance with Paragraph 9.10 of the General Conditions for Contract.

§ 5.2.2 Deleted

ARTICLE 6 DISPUTE RESOLUTION

§ 6.1 As specified in AIA Document A201-2007 as amended by Howard County Public School System

§ 6.2 Deleted

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 A201-2007 as amended by Howard County Public School System.

§ 7.2 The Work may be suspended by the Owner as provided in Article 14 of AIA Document A201-2007 as amended by Howard County Public School System.

ARTICLE 8 MISCELLANEOUS PROVISIONS

§ 8.1 Where reference is made in this Agreement to a provision of AIA Document A201-2007 as amended by Howard County Public School System or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents.

§ 8.2 The Contractor’s representative:

(Name, address and other information)

§ 8.3 The Contractor’s representative shall not be changed without ten days’ written notice to the Owner

§ 8.4 CRIMINAL BACKGROUND CHECKS/FINGERPRINTING

The Owner requires that the Contractor and all of its employees, agents, subcontractors have a criminal background investigation, including fingerprints, before the Contractor begins providing services under this Agreement and to the extent allowed by law.

Furthermore, the Contractor shall advise the Owner of the intention to use any employees that are hired or obtained from any penal pre-release or work-release programs. In the event such employees are used, notification to the Owner shall include name and violation for each individual. The Owner reserves the right to reject any employee listed based upon the nature of their violation. The Contractor shall take reasonable precautions when selecting such individuals and provide whatever safeguards are necessary for effective supervision.

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:23:02 EDT on 07/24/2025 under Subscription No.20250092573 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright

§ 8.5 EMPLOYMENT OF CHILD SEX OFFENDERS AND PERSONS WITH UNCONTROLLED ACCESS TO

STUDENTS:

Maryland Law requires certain child sex offenders to register with the State and with the local law enforcement agency in the county in which they will reside, work and/or attend school. Section 11-722(c) of the Criminal Procedure Article of the Annotated Code of Maryland states, “[a] person who enters into a contract with a County Board of Education or a non-public school may not knowingly employ an individual to work at a school if the individual is a registrant. A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding five years or a fine not exceeding $5,000 or both.” If a child sex offender, sexually violent predator, or sex offender, as defined in the Criminal Law and Criminal Procedure Articles of the Annotated Code of Maryland, is employed by the Contractor, the Contractor is prohibited from assigning that employee to perform management, delivery, installation, repair, construction or any other type of services on any HCPSS property. Violation of this provision may result in immediate Termination for Cause.

Additionally, in accordance with Md. Ed. Code Ann., §6-113 (b), the Contractor and any of its subcontractors will not knowingly assign any employee to work on school premises with direct, unsupervised and uncontrolled access to children, if that employee has been convicted of a crime identified in Md. Ed. Code Ann., §6-113(a).

§ 8.6 Indemnification. To the maximum extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the Owner, its agents, and employees, from and against claims, damages, losses, and expenses, including but not limited to reasonable attorney’s fees and litigation expenses incurred by the Owner, and arising out of or resulting from the Contractor’s performance of the Work, defective work, default, negligence, intentional misconduct, or failure to perform under this Agreement. This indemnification obligation shall survive termination or expiration of this Agreement.

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 as well as in Article 1.

§ 9.1.1 The Agreement is the executed Standard Form of Agreement Between Owner and Contractor, AIA Document A101- 1997 and modifications made by Howard County Public School System.

§ 9.1.2 The General Conditions are the 2007 edition of the General Conditions of the Contract for Construction, AIA Document A201-2007 as amended by Howard County Public School System.

§ 9.1.3 Delete § 9.1.4 The Specifications:

The Specifications are those contained in the Construction Documents for the project dated << >>.

§ 9.1.5 The Drawings:

The Drawings are as follows, and are dated << >> unless a different date is shown below:

Title of Drawings exhibit: As listed in the Schedule of Drawings of the Contract Title of Drawings exhibit:

§ 9.1.6 The Addenda, if any:

Number Date Pages

Portions of Addenda relating to bidding requirements are not part of the Contract Documents unless the bidding requirements are also enumerated in this Article 9.

§ 9.1.7 Additional documents, if any, forming part of the Contract Documents:

Solicitation Documents Invitation to <<Bid # - Title>>.

AIA Document A101 – 2017. Copyright © 1915, 1918, 1925, 1937, 1951, 1958, 1961, 1963, 1967, 1974, 1977, 1987, 1991, 1997, 2007 and 2017. All rights reserved. “The American Institute of Architects,” “American Institute of Architects,” “AIA,” the AIA Logo, and “AIA Contract Documents” are trademarks of The American Institute of Architects. This draft was produced at 15:23:02 EDT on 07/24/2025 under Subscription No.20250092573 which expires on , is not for resale, is licensed for one-time use only, and may only be used in accordance with the AIA Contract Documents® Terms of Service. To report copyright

§9.2 ORDER OF PRECEDENCE AND CONTRACT DOCUMENTS

In the event of a conflict between this Agreement, the Solicitation Documents or other Contract Documents, Contractor’s proposal, or any other documentation issued by the Contractor, it is understood and agreed that the Owner’s documents shall govern. Contractor’s proposal terms and conditions as a Contract Document will be considered for incorporation only to the extent that it does not conflict with any Owner Documents.

If the conflict cannot be resolved by reference to the substantive terms of this Agreement, the parties intend that the following order of precedence shall apply in interpreting their Agreement:

1. This Agreement; then

2. Owner’s other Contract Documents; then

3. Any HCPSS Purchase Order; then

4. Contractor documents.

Unless otherwise stated herein, or any other documentation issued by the Contractor is expressly excluded from…