RFP-01-2027 Solicitation.pdf

www.howardcountymd.gov/departments/county-administration/purchasing

Formal RFPs and RFP Results are available on our website

REQUEST FOR PROPOSALS

Via eProcurement System

RFP NO. 01-2027

BUILDING RENOVATION AND REPAIR SERVICES

OPENING: SEPTEMBER 16, 2026 AT 11:00 A.M.

PRE-PROPOSAL CONFERENCE: AUGUST 19, 2026 AT 11:00 A.M.

BUYER: ANGELA SALES

PHONE: 410-313-4306 EMAIL: asales@howardcountymd.gov

HOWARD COUNTY, MARYLAND

OFFICE OF PURCHASING

6751 Columbia Gateway Drive, Suite 226, Columbia, MD 21046 http://www.howardcountymd.gov/departments/county-administration/purchasing mailto:asales@howardcountymd.gov

Request For Proposals No. 01-2027

Howard County, Maryland Page 2 of 54 Office of Purchasing

TABLE OF CONTENTS

SECTION A – KEY INFORMATION SUMMARY

SECTION B – PURCHASE ORDER TERMS AND CONDITIONS

SECTION C – GENERAL CONDITIONS

1. Definitions

2. Performance Bond

3. Reservations

4. Competition

5. Period of Validity

6. Delivery

7. Governing Law

8. Protest

9. Disputes

10. Authority

11. Cash Discounts

12. Unit Prices

13. Non-Waiver

14. Patents

15. Maryland Registration

16. Availability of Funds

17. Integration and Modification

18. Non-Assignment of Agreement

19. Agreement

20. Public Information/Proprietary/Confidential Information

21. Cooperative Purchase

22. Award Notification

23. Termination

SECTION D – SPECIFICATIONS

1. Statement of Work

2. Technical Specifications

3. Pre-Proposal Teleconference

4. Inquiries and Addenda

5. Contractor’s Qualifications

6. Background Checks and Investigations

7. Architect/Engineer Prepared Materials

8. Agreement Period

9. Price Adjustment

10. Non-Exclusivity

11. Estimated Quantities

12. Insurance

13. Method of Ordering

14. Evaluation of Offers

15. Billing and Payment

SECTION E – SUBMISSION REQUIREMENTS

1. Instructions

2. Proposal Documents and Copies

3. Exceptions

Howard County, Maryland Page 3 of 54 Office of Purchasing

Exhibit I, Contractor Qualifications Form

Exhibit II, Contractor Contract Experience Form

Exhibit III, Contractor Project Experience Form

Exhibit IV, Sample Invoice

Exhibit V, Sample Contractor Job Bid Illustration

IMPORTANT: ADVISE THE ISSUING OFFICE IMMEDIATELY

IF ANY OF THE ABOVE SECTIONS ARE NOT ENCLOSED IN THIS DOCUMENT.

Howard County, Maryland Page 4 of 54 Office of Purchasing

SECTION A

KEY INFORMATION SUMMARY

RFP Number: 01-2027

RFP Name: Building Renovation and Repair Services

Buyer: Angela Sales

Pre-Proposal Teleconference Date:

August 19, 2026 at 11:00 A.M.

Pre-Proposal Location and Registration:

A meeting will be held virtually via WebEx. Please see PlanetBids for the meeting link.

Please register by selecting the RSVP button in the eProcurement system (PlanetBids).

Questions Due and to Whom:

Questions due no later than 4:00 p.m. on August 21, 2026

Questions must be submitted to the Buyer via the County’s eProcurement system.

Proposal Due: September 16, 2026 PRIOR TO 11:00 A.M. EST

Agreement Term: One year with 5 renewal options exercised in one-year increments

Bid Deposit/ Performance Bond:

No Bid Deposit is required. Payment and Performance Bonds will be required on all task order projects valued at $50,000 or higher.

EBO Subcontracting Participation:

15% EBO Subcontracting Goal

MINORITY BUSINESS ENTERPRISES are encouraged to respond to this solicitation. For more information, please contact the Equal Business Opportunity Coordinator at 410-313-3694.

IMPORTANT NOTICE REGARDING ADDENDA

Addenda to solicitations often occur prior to bid opening. It is the potential Contractor’s responsibility to visit the Office of Purchasing eProcurement web site (PlanetBids) for updates to solicitations.

Howard County, Maryland Page 5 of 54 Office of Purchasing

SECTION B

PURCHASE ORDER TERMS AND CONDITIONS

The following terms and conditions apply to all Purchase Orders issued by Howard County and are applicable to all purchases made as a result of this solicitation.

1 No purchase of materials, supplies, equipment, and/or services will be recognized unless made through the Office of Purchasing.

2 The County may at any time insist upon strict compliance with these terms and conditions, notwithstanding any previous custom, practice or course of dealing to the contrary.

3 The terms and conditions of sale as stated in this Purchase Order govern in the event of conflict with any terms of the Contractor's bid, and are not subject to change by reason of any written or verbal statements by the Contractor or by any terms stated in the Contractor's acknowledgement without prior written authority from the Office of Purchasing.

4 If the price is omitted on the Purchase Order, except where the Purchase Order is given in acceptance of quoted prices, it is agreed that

Contractor's price will be the lowest prevailing market price and in no event is this Purchase Order to be filled at higher prices than last previously quoted or charged without prior written authority from the Office of Purchasing.

5 If requested, the Contractor shall acknowledge the order promptly and provide a delivery date.

6 Invoices must show Delivery Address and Purchase Order number, and indicate if it represents partial or complete billing. Separate invoices must be rendered for each Purchase Order. Invoices shall include the following information:

6.1 Contractor’s name;

6.2 Address;

6.3 Federal tax identification number;

6.4 Contract number, if applicable (the first two digits are 44XXXXXXXX);

6.5 Purchase Order number (the first digit is 2XXXXXXXXX);

6.6 Contract line number, if applicable;

6.7 Unit price and extended price (if applicable, the unit price must match a line on the Contract); and

6.8 Description of goods provided and/or services performed.

7 The County has the right to refuse to make payment on any invoice unless and until verification of receipt by the County can be determined. The County's payment for any material shall not constitute acceptance of the material or a waiver of any of the County's rights.

8 No freight/delivery/fuel charges will be paid by the County unless specifically provided for in the Purchase Order.

9 The County will not pay for packaging, boxing or cartage. Damage resulting from improperly packaged material will be charged to the

Contractor.

10 The County reserves the right to cancel this Purchase Order or, any part thereof, without obligation, if delivery is not made or services completed at the time(s) specified.

11 This Purchase Order shall be governed and construed in accordance with the law of the State of Maryland without regard to any choice of law principles.

12 All deliveries and services furnished under this Purchase Order must be of the quality specified or in the event no quality is specified, must be the best of their respective kinds, and will be subject to inspection and approval of the County within a reasonable time after delivery of goods or completion of services. When manufacturing specifications are referred to in this Purchase Order, such specifications shall be deemed to be an integral part hereof as if duly set out herein. Goods and services shall be replaced at no additional charge to the County if they prove to be defective and/or not in accordance with specifications. Rejected materials shall be returned at the risk and expense of the Contractor. If the County does not desire replacement, the Contractor shall issue a full credit.

13 Requirement as to Materials, Contractor's Responsibilities and Warranties:

13.1 The Contractor warrants and agrees that all materials supplied hereunder shall be manufactured and produced in compliance with the laws, regulations, codes, terms, standards and/or requirements of all Federal, State and local authorities and all other authorities having jurisdiction, and that performance of this Purchase Order shall be in accordance with the above laws, regulations, codes, terms, standards, and/or requirements, and agrees, upon request, to furnish the County a certificate of compliance in such forms as the County may require.

13.2 The Contractor warrants that there has been no violation of copyrights or patent rights in manufacturing, producing, or selling the goods shipped or ordered and Contractor agrees to indemnify and hold the County harmless from any and all liability, loss or expense occasioned by such a violation.

14 The quantity of materials, and/or services, must not be exceeded without prior written authority from the Office of Purchasing.

15 Substitutions are not allowed without prior written authority from the Office of Purchasing.

Howard County, Maryland Page 6 of 54 Office of Purchasing

16 If required, a sufficient number of shop drawings and/or catalog data shall be furnished to the County within 15 days (unless otherwise specified) for necessary approval.

17 In the event any article sold and delivered hereunder shall be defective in any respect whatsoever, the Contractor will indemnify and save harmless the County from all losses or expenses by reason of all accidents, injuries or damages to persons or property resulting from the use of such article or which are contributed to by said defective condition.

18 The Contractor shall indemnify and hold harmless the County, its employees, agents and officials from any and all claims, losses or expenses resulting from any accidents, injuries or damages to persons or properties, suits or demands including reasonable attorney fees which may be made against the County, its employees, agents or officials resulting from any act or omission committed in the performance of the duties imposed by and performed under the terms of this Purchase Order by the Contractor or anyone under agreement with the Contractor to perform duties under this Purchase Order. The Contractor shall not be responsible for acts of negligence or willful misconduct committed by the County, its employees, agents and officials. Any property or work to be provided by the Contractor under this Purchase Order will remain at the Contractor’s risk until written acceptance by the County; and the Contractor will replace, at the Contractor’s expense, all property or work damaged or destroyed by any cause whatsoever.

19 Liability for Damage: If this Purchase Order calls for work to be performed upon property owned or controlled by the County it is understood and agreed that:

19.1 Mechanic's Liens: The Contractor will keep the premises and work free and clear of all mechanic's liens, and furnish the County certificate and waiver as provided by law.

19.2 Property and Casualty Losses: The work will remain at the Contractor's risk prior to written acceptance by the County and the Contractor will replace at its own expense all work damaged or destroyed by fire, force or violence of the elements or any cause whatsoever.

19.3 Injury to Contractor’s Personnel: The Contractor understands and agrees that they are the sole employer of all persons employed by Contractor to perform services under this Purchase Order and agrees on behalf of itself and its workers’ compensation insurer that the County is not a dual employer of such personnel. If Contractor is hiring independent contractors or subcontractors to perform services under this Purchase Order, Contractor shall assure that all such persons are properly covered under Maryland workers’ compensation law and will indemnify, save harmless and defend the County from all workers’ compensation claims filed by such persons against the County.

19.4 Workers’ Compensation Insurance: During the term of this Purchase Order, the Contractor will provide workers’ compensation insurance in compliance with Maryland law for its employees and shall be responsible to verify workers’ compensation coverage for all independent contractors and subcontractors. Contractor shall indemnify the County for any uninsured losses relating to contractual services under this Purchase Order and subsequent amendments.

20 Bankruptcy: In the event of any proceedings, voluntary or involuntary, in bankruptcy or insolvency by or against the Contractor including any proceedings under the Chandler Act, or in the event of the appointment, with or without the Contractor's consent, of an assignee for the benefit of creditors or of a receiver then the County shall be entitled to cancel any unfilled part of this Purchase Order without any liability whatsoever.

21 Equal Employment Opportunity: The County requires that the Contractor not discriminate against any employee or applicant for employment because of race, creed, religion, physical or mental handicap, color, sex, national origin, age, occupation, marital status, political expression, gender identity/expression, sexual orientation or personal appearance. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated fairly and equally during employment with regard to the above.

The Contractor warrants that, within the previous 12 months, it has not engaged in unlawful employment practices as set forth in Section

12.208 of the Howard County Code, Section 19 of Article 49B of the annotated Code of Maryland or Sections 703 and 704 of Title VII of the Civil Rights Act of 1964.

22 Material Safety Data Sheet (MSDS): If the work to be performed under this Purchase Order requires the use of any product that contains any ingredient that could be hazardous or injurious to a person's health, a MSDS must be provided to the Office of Purchasing, 6751 Columbia Gateway Drive, Suite 226, Columbia, Maryland 21046.

23 Termination

23.1 Termination for Convenience: The County may terminate this Purchase Order, in whole or in part, if the County determines that such termination is in the best interest of the County, without showing cause, upon giving at least 30 days written notice to the Contractor. The County shall pay all reasonable costs incurred by the Contractor up to the date of termination. However, in no event shall the Contractor be paid an amount which exceeds the price bid for the work performed. The Contractor shall not be reimbursed for any profits which may have been anticipated but which have not been earned up to the date of termination.

23.2 Termination for Default: When the Contractor has not performed or has unsatisfactorily performed one or more material terms of the Purchase Order, the County may terminate the Purchase Order for default. Upon termination for default, payment may be withheld at the discretion of the County. Failure on the part of the Contractor to fulfill the contractual obligations shall be considered just cause for termination of the Purchase Order. If the damages exceed the undisbursed sums available for compensation, the County shall not be obligated to make any further disbursements hereunder. The Contractor will be paid for work satisfactorily performed prior to termination less any excess costs incurred by the County in reprocuring and completing the work.

Howard County, Maryland Page 7 of 54 Office of Purchasing

SECTION C

GENERAL CONDITIONS

1 DEFINITIONS:

1.1 Addenda – Formal alteration of a solicitation or Agreement in writing (when applicable, Addenda are available on the advertising website).

1.2 Alternate Bids – A second bid for a single item that intentionally offers a substitute product or service that varies from the stated specifications.

1.3 Buyer – The County’s Purchasing Representative for the resulting Agreement.

1.4 Agreement – The Request for Proposals documents and any addenda, the Contractor’s response to this solicitation, and subsequent Purchase Orders.

1.5 Certified Local Business – A business which has been certified by the County verifying its principal place of business in Howard County. Firms can register at https://www.howardcountymd.gov/procurement-contract-administration/local-business-initiative. In order to be considered a Certified Local Business for bidding purposes, eligible firms must be certified by the County prior to bid opening or must have submitted a completed certification application prior to bid opening, determining eligibility under the Local Business Initiative program.

1.6 Construction- The part of the Work that is the result of performing or furnishing of labor, the furnishing and incorporating of materials and equipment into the Work and the furnishing of services (other than Design Professional Services) and documents, all as required by the Contract

Documents.

1.7 County – Howard County, Maryland.

1.8 County Purchasing Agent – The Chief Administrative Officer for the County.

1.9 Contractor – Any offeror; most often the successful offeror.

1.10 Designee – Specifically appointed alternate signatory or decision maker.

1.11 Design – Build – an arrangement where the Contractor procures professional services, including but not limited to architectural or engineering services, in addition to Construction defined here.

1.12 Equal Business Opportunity (EBO) – The County’s minority business enterprise program.

1.13 Firm Fixed Fee - an agreement where the County agrees to pays a predetermined, set price for specified goods or services. The final price is established before work begins and is not subject to adjustment.

1.14 Guaranteed Maximum Price (GMP): The GMP is the Contract Price and shall be defined as amount to be paid to the Contractor for the performance of the Work and shall include the negotiated fixed price items, unit priced items, the Construction Contingency, and an Owner Allowance; generally paid in a cost-plus arrangement not to exceed the GMP.

1.15 Issuing Office –The Howard County Office of Purchasing.

1.16 Offeror – Any entity that submits a response to this solicitation.

1.17 Proposal – All information submitted by the Contractor in response to this solicitation.

1.18 Purchase Order – The document by which the Contractor receives formal notification to perform work or deliver goods.

1.19 Request for Proposals (RFP) – All documents identified in the Table of Contents, including any addenda.

1.20 Solicitation – The Request for Proposals.

1.21 User Agency – County department or office for which goods and/or services are being purchased.

1.22 Local Business Initiative – The County’s local business program. Refer to the following link for more information:

https://www.HowardCountyMD.Gov/Departments/County-Administration/Purchasing.

1.23 Local Business – A Contractor that maintains its principal place of business in Howard County.

1.24 Task Order – The document issued by the County Solicitor describing a specific service or project which the

County Solicitor requests the Contractor to perform.

2 PERFORMANCE BOND: A performance bond will be required for each task valued at $50,000 or greater.

The bond shall be issued by a surety company licensed to do business in Maryland.

https://www.howardcountymd.gov/procurement-contract-administration/local-business-initiative https://www.howardcountymd.gov/procurement-contract-administration/local-business-initiative https://www.howardcountymd.gov/Departments/County-Administration/Purchasing

Howard County, Maryland Page 8 of 54 Office of Purchasing

3 RESERVATIONS:

3.1 The County Purchasing Agent or Designee reserves the right to reject any or all proposals or parts of proposals when, in the County Purchasing Agent's or Designee’s reasoned judgment, the public interest will be served thereby.

3.2 The County Purchasing Agent or Designee, with the approval of the County Executive, may waive formalities or technicalities in proposals as the interest of the County may require.

3.3 The County Purchasing Agent or Designee reserves the right to increase or decrease the quantities to be purchased at the prices set forth in the proposal. The quantity intended to be purchased and the period and percentage amount of any such reservation will be stated in the solicitation.

3.4 The County Purchasing Agent or Designee reserves the right to award Agreements or place orders on a lump sum or individual item basis, or such combination as shall, in the County Purchasing Agent’s or Designee’s judgment, be in the best interest of the County.

3.5 The County Purchasing Agent or Designee may waive minor differences in specifications provided these differences do not violate the specification intent nor materially affect the operation for which the item or items are being purchased, nor increase estimated maintenance and repair cost to the County.

3.6 The County Purchasing Agent or Designee may reject any proposal which shows any omission, irregularity, alteration of forms, additions not called for, conditional or unconditional unresponsiveness, or proposals obviously unbalanced.

3.7 The County reserves the right to include a proposal evaluation factor for up to 10% of the total evaluation points for Certified Local Businesses, based on the goods and services being procured.

4 COMPETITION:

4.1 The name of any manufacturer, trade name, or manufacturer or vendor catalog number mentioned in this solicitation is for the purpose of designating a minimum standard of quality and type. Such references are not intended to be restrictive. Bids will be considered for any brand that meets or exceeds the quality of the specifications unless otherwise stated in the solicitation.

4.2 A Contractor may offer only one price on each item. Submission by a single Contractor of more than one price for a single item shall be sufficient cause for rejection of all prices for that item submitted by the Contractor. Alternate bids are prohibited and will be rejected.

5 PERIOD OF VALIDITY: Unless otherwise specified, all formal proposals submitted shall be irrevocable for

120 days following the proposal opening date, unless the Contractor, upon request of the County Purchasing Agent or Designee, agrees to an extension. Bids may not be withdrawn during this period.

6 DELIVERY:

6.1 Contractors shall guarantee delivery of supplies in accordance with such delivery schedule as may be provided in the solicitation.

6.2 All items shall be delivered F.O.B. Destination, Inside Delivery, and delivery costs and charges included in the price offered, unless otherwise stated in the solicitation.

6.3 The County Purchasing Agent or Designee reserves the right to charge the Contractor for each day the supplies or services are not delivered in accordance with the delivery schedule. The per diem charge may be invoked at the discretion of the County Purchasing Agent or Designee and said sum to be taken as liquidated damages and deducted from the final payment or charged back to the

6.4 The County Purchasing Agent or Designee reserves the right to procure the supplies/services elsewhere on the open market if delivery is not made as specified, in which event, the extra cost of procuring the supplies/services may be charged against the Contractor and deducted from any

Howard County, Maryland Page 9 of 54 Office of Purchasing monies due or which may become due.

7 GOVERNING LAW:

7.1 This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland without regard to any choice of law principles that would dictate the laws of any other jurisdiction. The parties agree that the exclusive venue for any and all actions related hereto shall be the appropriate Federal or State court located within the State of Maryland.

7.2 The laws of Maryland and Howard County shall govern the resolution of any issue arising in connection with the contract, including, but not limited to, all questions on the validity of the contract, the capacity of the parties to enter therein, any modification or amendment thereto, and the rights and obligations of the parties hereunder.

8 PROTEST: Any protest concerning the award of an Agreement shall be decided by the County. Protests shall be made in writing to the Issuing Office and shall be filed within ten days of issuance of award notification.

A protest is considered filed when received by the Issuing Office. The written protest shall include the name and address of the protestor, identification of the procurement, a statement of the specific reason for the protest and supporting exhibits. The Issuing Office will respond to the written protest within ten days. The County’s decision is final.

9 DISPUTES: In cases of disputes as to whether or not an item or service quoted or delivered meets specifications, the decision of the County Purchasing Agent or Designee shall be final and binding on all parties. All other disputes arising under or related to the Agreement will be resolved, to the extent possible, by negotiation and settlement between the parties. Pending resolution, the Contractor shall proceed diligently with performance of the Agreement unless otherwise directed in writing.

10 AUTHORITY: Solicitations are issued pursuant and subject to the provisions of Article VIII, Howard County

Charter; Sections 4.100 through 4.123, Howard County Code, 2003; and the rules and regulations as prescribed by the County.

11 CASH DISCOUNTS: If applicable, cash discounts will be taken into consideration in determining the award.

However, an offer of a cash discount must allow a reasonable period of not less than 30 days in order to be included in evaluation of proposal pricing. A proposal offering a cash discount in a period of less than 30 days will be evaluated as a proposal without a cash discount offer. If the Contractor obtains an award by reason of their gross price, the County will hold the offer of a cash discount and make every effort to obtain such discount.

12 UNIT PRICES: Unless the Contractor clearly shows that it is the intent that a reduced total price is being offered on the basis of receiving an award of all items covered by the total, any totals should be the actual sum of the extension of unit prices. Otherwise, in the event of any discrepancy between a unit price(s), extended price(s), and/or total price(s), unit prices will govern, and the bid will be refigured accordingly.

13 NON-WAIVER: Any waiver of any breach of covenants herein contained to be kept and performed by the

Contractor shall not be deemed or considered as a continuing waiver and shall not operate to bar or prevent the County from declaring a forfeiture for any succeeding breach either of the same condition of covenant or otherwise.

14 PATENTS: If applicable, the Contractor shall defend any suit or proceeding brought against the County so far as based on a claim on any equipment, or on any part thereof, furnished under this Agreement which constitutes an infringement of any patent of the United States, if notified promptly in writing and given authority, information and assistance (at the Contractor's expense) for the defense of same, and the Contractor shall pay all damages and costs awarded therein against the County. In case said equipment or any part thereof, in such suit is held to constitute infringement and the use of said equipment or part if enjoined, the Contractor shall, at its own expense, either procure for the County the right to continue using said equipment or part, or replace same with non-infringing equipment or part, or modify so that it becomes non-infringing.

15 MARYLAND REGISTRATION: Contractors must be registered to do business in, and must be in good standing in, the State of Maryland. Contractors not registered must obtain registration information from the Maryland Department of Assessments and Taxation website at: https://dat.maoliciryland.gov/ or by calling 410-767- 1184 or Toll Free 888-246-5941.

https://dat.maryland.gov/

Howard County, Maryland Page 10 of 54 Office of Purchasing

16 AVAILABILITY OF FUNDS: The contractual obligation of the County under this Agreement is contingent upon the availability of appropriated funds from which payment for this Agreement can be made.

17 INTEGRATION AND MODIFICATION: This solicitation, the Contractor's response to this solicitation, subsequent Purchase Order(s), and, if applicable, the legal Agreement represents the entire understanding between the parties. Any additions or modifications shall only be made in writing and executed by both parties.

18 NON-ASSIGNMENT OF AGREEMENT: Neither the County nor the Contractor shall assign, sublet or transfer its interest or obligations under the resulting Agreement to any third party, without the written consent of the other. Nothing herein shall be construed to create any personal or individual liability upon any employee, officer or elected official of the County, nor shall the resulting Agreement be construed to create any rights hereunder in any person or entity other than the parties to this Agreement.

19 AGREEMENT:

19.1 The County and Contractor must execute an Agreement resulting from the award of this solicitation.

This process typically takes approximately three weeks from the date the successful Contractor is identified. In order to expedite this process, a sample Agreement is attached for review as part of this solicitation. Exceptions, if any, to the County’s Agreement (Exhibit I) must be noted in the proposal to be considered during evaluation. Exceptions to the County’s Agreement may result in rejection of the proposal. The County will not accept any exceptions to the Agreement after the opening date and time of this solicitation.

19.2 Do not fill in or sign the sample Agreement attached as Exhibit I. The County will prepare an

Agreement specific to this solicitation for execution by the successful Contractor.

20 PUBLIC INFORMATION/PROPRIETARY/CONFIDENTIAL INFORMATION:

20.1 The County operates under a public information law, which permits access to most records and documents.

20.2 Proposals will be available for public inspection after the award announcement, except to the extent that a Contractor designates trade secrets or other proprietary data to be confidential. Material designated as confidential must be readily separable from the remainder of the proposal to facilitate public inspection of the nonconfidential portion of the proposal. A Contractor's designation of material as confidential will not necessarily be conclusive, and the Contractor may be required to provide justification why such material should not be disclosed, on request, under the Maryland Access to Public Records Act, State Government Article, Sections 10-611 through 10-628, of the Annotated Code of Maryland.

21 COOPERATIVE PURCHASE:

21.1 The County reserves the right to extend all of the terms, conditions, specifications, and unit or other prices of any Agreement resulting from this solicitation to any and all public bodies, subdivisions, school districts, community colleges, colleges, and universities including non-public schools. This is conditioned upon mutual agreement of all parties pursuant to special requirements, which may be appended thereto. The Contractor agrees to notify the issuing body of those entities that wish to use any Agreement resulting from this solicitation and will also provide usage information, which may be requested.

21.2 The County assumes no authority, liability or obligation, on behalf of any other public or non-public entity that may use any Agreement resulting from this solicitation. All purchases and payment transactions will be made directly between the Contractor and the requesting entity. Any exceptions to this requirement must be specifically noted in the bid response.

22 AWARD NOTIFICATION:

22.1 Award notification will be by U.S. Mail, e-mail or fax or a combination thereof.

22.2 The awarded Contractor(s) will be required to return an Insurance Certificate naming. “Howard

Howard County, Maryland Page 11 of 54 Office of Purchasing

County, Maryland, its officials, employees, agents and volunteers” as Certificate Holder and as Additional Insured, the executed Agreement*, the completed EBO Schedule of Participation and a Maryland Registration Certificate of Good Standing.

23 TERMINATION:

23.1 Termination for Convenience: The County may terminate this contract, in whole or in part, if the

County determines that such termination is in the best interest of the County, without showing cause, upon giving at least 30 days written notice to the Contractor. The County shall pay all reasonable costs incurred by the Contractor up to the date of termination. However, in no event shall the Contractor be paid an amount which exceeds the price bid for the work performed. The Contractor shall not be reimbursed for any profits which may have been anticipated but which have not been earned up to the date of termination.

23.2 Termination for Default: When the Contractor has not performed or has unsatisfactorily performed one or more material terms of the contract, the County may terminate the Purchase Order for default.

Upon termination for default, payment may be withheld at the discretion of the County. Failure on the part of the Contractor to fulfill the contractual obligations shall be considered just cause for termination of the contract. If the damages exceed the undisbursed sums available for compensation, the County shall not be obligated to make any further disbursements hereunder. The Contractor will be paid for work satisfactorily performed prior to termination less any excess costs incurred by the County in reprocuring and completing the work.

Howard County, Maryland Page 12 of 54 Office of Purchasing

SECTION D

SPECIFICATIONS

1 STATEMENT OF WORK: Howard County, Maryland, (the “County”), seeks a qualified commercial building contractor(s) (the “Contractor”), to furnish building renovation and repair services for individual task orders of up to $1.5 million in value on an as-needed basis.

1.1 This contract is for the performance of minor and major building renovation, repair, replacement, alteration, and maintenance projects encompassing both building interior and exterior and all minor and major building systems. The Contractor will perform task orders on an as-needed basis for various departments of the County.

1.2 Work will consist of individual projects with the requirements of each detailed at project initiation.

The specific work requirements will be identified in release Purchase Orders to be issued by the

1.3 On select smaller scale tasks, the Contractor may be asked to provide the services of architect and engineering consultants for purposes of design, construction drawings, and specifications for various types of construction or modifications, if required for the identified individual project; generally described as design-build services. Projects envisioned for design-build approach are generally straight forward smaller scale efforts whereas a design-build approach facilitates expedited project delivery.

1.4 Generally, the Contractor will construct projects from pre-designed construction drawings and specifications prepared prior to project initiation.

1.5 The Contractor shall furnish construction services for minor and major construction, renovation, maintenance, repair, replacement and alterations for both programmed and emergency efforts.

1.6 The Contractor shall obtain all necessary permits, unless directed otherwise by the County Project Manager.

2 TECHNICAL SPECIFICATIONS:

2.1 Scope of Work:

2.1.1 Work will consist of a collection of task specifications. The scope of individual projects will be detailed on a project-by-project basis.

2.1.2 The Contractor shall be paid only in accordance with the agreed upon price, and there shall be no monthly management or contract handling fees.

2.1.3 Capital Construction Project tasks shall be constructed in accordance with the provisions of the Howard County Design Manual, Volume IV, Standard Specifications and Details for Construction approved and adopted on February 22, 2022 and any subsequent revisions thereto.

2.2 Project Initiation

2.2.1 The County Project Manager will schedule a site evaluation visit and conference with the

Contractor. The site visit shall occur within five (5) working days after initial contact of Contractor by the County Project Manager.

2.2.2 During this meeting the following items shall be defined, performed, discussed and established:

2.2.1.1 Define the Scope of Work.

2.2.1.2 Define whether the project will use a firm fixed fee or Guaranteed Maximum Price (GMP) structure.

Howard County, Maryland Page 13 of 54 Office of Purchasing

2.2.1.3 Perform a site investigation.

2.2.1.4 Discussion of the methods and alternatives for accomplishing project work.

2.2.1.5 Refine detailed scope of work, including any special instructions or conditions that may exist.

2.2.1.6 Identify requirements for plans, sketches, shop drawings, etc.

2.2.1.7 Determine time requirements for completion.

2.2.1.8 Identify preliminary quantities which the Contractor establishes for use in developing the project estimate.

2.2.3 Based on the site investigation minutes, written by the County Project Manager, following the site visit with the Contractor, the County Project Manager will formally request the Contractor to make a project estimate in which the project title and work request number will be established, scope of work stated and any special conditions and known existing conditions identified.

2.2.4 Other information shall include a project description. The description shall contain enough detail to ensure that the Contractor can properly prepare a responsive and cost-effective firm fixed fee or (GMP) that will allow informed monitoring of the Contractor’s performance. The description may be a simple statement of work but may include sketches and enough supporting information to adequately describe the scope of work. More extensive and complex projects may require more detailed information and drawings. If necessary, an A/E consultant may be retained by the Contractor to develop a project to the level required for a proper fixed fee or GMP to be established. Alternately, the Contractor may be required to construct projects from pre-designed construction drawings and specifications prepared prior to project initiation.

2.2.5 The County will furnish copies of available record drawings and specifications which are pertinent to the facility involved. However, these construction documents are not warranted to show conditions as they exist. The Contractor shall verify (by field investigation) information shown on the record drawings for accuracy to ensure a quality designed project.

2.2.6 County furnished property or equipment, if any, will be identified in the project description.

The Contractor, with his own forces, shall transport all County furnished equipment/materials described from the County storage area to the work site indicated.

Upon receipt, the Contractor assumes the risk and responsibility for the loss or damage to County furnished property. The Contractor shall follow the instructions of the County Project Manager regarding the disposition of all County furnished property not consumed in the performance of a project.

2.2.7 Time for submittal of the Contractor’s fixed fee or GMP for individual projects shall depend on the complexity and urgency of the project. The length of time allowed for the proposal submittal will be established at the outset by the County Project Manager.

2.2.8 In emergency situations and for projects requiring immediate mobilization and expedited completion, the Contractor’s proposal may be required quickly, and the due date will be established by the County Project Manager, or the Contractor may be directed by the County Project Manager to begin work immediately.

2.3 Contractor Preparation of Individual Project Proposals to include:

2.3.1 Schedule with project start and end date, individual work effort beginning and end dates, materials/components order dates and delivery dates for long lead time items.

2.3.2 Sketches/Drawings or Architect/Engineering plans, if applicable.

2.3.3 Contractor personnel identified for Project Management and Supervision, with project hours and hourly rates for each.

2.3.4 Contractor personnel identified for self-performed work (carpenter, painter, general laborer, etc.) with project hours and hourly rates for each.

Howard County, Maryland Page 14 of 54 Office of Purchasing

2.3.5 Provide materials quotes for all materials used in Contractor self-performed work, major components require three (3) quotes for each item or system to be provided.

2.3.6 For each division of subcontractor work provide total labor cost and material cost quotes.

Up to three (3) quotes may be required for each subcontractor effort.

2.3.7 Reimbursable items, identified with pricing (permits, rentals, etc.) For rentals, provide price quotes; for permits, provide estimate. (Note that there is no cost for a building permit on County projects; however, contractors are responsible for securing all applicable trade permits at cost.)

2.3.8 Apply Prime Contractor labor, materials, rentals, permits and Subcontractor labor and materials with Overhead and Profit, as bid, to the sum of all Prime and Subcontractor pricing.

2.4 Project Pricing:

2.4.1 Individual project pricing will be based on the sum of all costs associated with the project.

2.4.2 Costs for each project will include:

2.4.2.1 Prime Contractor Labor and Materials and other incidentals.

2.4.2.2 Subcontractor Labor and Materials and other incidentals.

2.4.2.3 Prime Contractor Overhead applied to Labor and Materials for both Prime and

Subcontractor.

2.4.2.4 Prime Contractor Profit applied to Labor and Materials for both Prime Contractor and Subcontractor and Overhead of Prime Contractor and Subcontractor.

2.4.2.5 Prime Contractor Overhead and Profit shall not be applied to Payment and

Performance Bond cost.

2.4.3 Items 2.4.2.1 through 2.4.2.4 inclusive represent all items to be included in any project for which payment will be made.

2.4.4 The Contractor shall be responsible for preparing a detailed fixed fee or GMP by identifying tasks, preparing working drawings, shop drawings, establishing quantities, pricing tasks, developing construction schedules, preparing the project cost estimate and obtaining building permits.

2.4.5 All fees, permits, licenses, etc., shall be included in the Contractor’s project pricing. It is solely each Contractor’s responsibility to contact and verify with each governing agency or utility company all requirements including fees, permits connections, etc., and to verify exact amount of charge, if any.

2.4.6 Administrative costs, including insurance, preparation of project billing, processing of project documentation to include but not limited to submittals, RFIs, or closeout documents; and developing project schedules are considered part of the Contractor’s overhead and profit.

2.4.7 The Contractor shall prepare a fixed fee or GMP with enough detail to allow the County

Project Manager to conduct a meaningful evaluation of the Contractor’s project pricing for each project.

2.5 County Acceptance of Project Pricing

Howard County, Maryland Page 15 of 54 Office of Purchasing

2.5.1 The Contractor will deliver the project pricing to the County Project Manager within the agreed upon time period.

2.5.2 The County Project Manager will conduct a thorough review of the project pricing for inclusion of all required elements and accuracy of each.

2.5.3 The County Project Manager will set a meeting time and date with the Contractor’s Project

Manager to discuss the project pricing and to make decisions regarding acceptance of Contractor’s proposed personnel, work hour quantities, material quotations, subcontractor proposals for labor and materials, and reimbursable items.

2.5.4 On completion of this discussion, assuming both parties agree, the County Project Manager will initiate the process of obtaining a Purchase Order for the project.

2.5.5 If the parties fail to reach agreement within a reasonable time regarding approach, methods or pricing the County Project Manager may initiate discussions with an alternate

2.5.6 The County reserves the right to compete individual projects within the pool of awarded contractors if it is in its best interest to do so.

2.6 Issuance of Purchase Order, Mobilization and Construction Start Up

2.6.1 All correspondence and data submitted by the Contractor shall reference the contract number, project number and title, and the purchase order number.

2.6.2 For projects with an estimated value of $50,000 or greater, the County will require Payment and Performance Bonds and a good-faith effort to meet EBO subcontracting goals.

2.6.3 The Contractor shall not commence work until receipt of the Purchase Order.

2.6.4 For each project, the County will issue a Purchase Order. The first day of performance shall be the issue date of the Purchase Order. Any mobilization, preliminary work started, or materials ordered or purchased before receipt of the Purchase Order shall be at the risk and expense of the Contractor.

2.6.5 The Contractor shall commence and diligently prosecute the work to completion within the time set forth in the Purchase Order, and the approved Construction Schedule submitted with the project pricing and complete the entire work no later than the completion time specified. The period of performance includes allowance for mobilization, holidays, weekends, inclement weather, and cleanup, therefore claims for delay based on these elements will not be allowed.

2.6.6 If the Contractor is delayed in the completion of the work by reason of unforeseeable causes beyond the Contractor’s control and without fault or negligence, including, but not restricted to, acts of God or the public enemy; acts of neglect to the County, acts or neglect of any other contractor, fires, floods, epidemics, quarantine, restrictions, strikes, riots, civil commotion, or freight embargoes, the period specified for the completion of the work shall be extended by such time as shall be fixed by the County.

2.6.7 The time stated for completion shall include final cleanup of the premises.

2.7 Construction Work Schedule

2.7.1 All work schedules shall be coordinated between the County Project Manager and the

Contractor prior to the start of any and all projects.

Howard County, Maryland Page 16 of 54 Office of Purchasing

2.7.2 Work schedules shall be submitted to the County Project Manager and approved prior to start of work at the job site. Approved work schedules shall not be changed without prior County Project Manager approval.

2.7.2.1 On projects with a duration greater than one month, Contractor shall provide monthly schedule updates and bi-weekly look ahead schedules.

2.7.3 The Contractor shall confer with the County Project Manager and agree on a sequence of procedures and means of access to premises and building, space for storage of materials and equipment, delivery of materials and use approaches, location of partitions, eating spaces and restrooms for the Contractor’s employees and the like.

2.7.4 Delivery of materials and equipment shall be made with minimum interference to County operations and personnel. The work shall, so far as practicable, be done in definite sections or divisions and confined to limited areas which shall be completed before work in other sections or divisions are begun.

2.7.5 Meetings between the Contractor and County Project Manager shall be held, when needed, to discuss any problems or scheduling of work.

2.7.6 If it becomes necessary to interrupt work activities in buildings and/or areas for construction purposes, permission to do so shall be requested in writing to the County Project Manager ten (10) business days prior to commencing that work.

2.7.7 Work in connection with this contract which requires utility outages, electrical, water, gas, etc. which will close or limit normal activities in the building, construction area, or other affected areas, shall be performed by the Contractor at a time other than the County’s normal working hours. Any and all other utility outages necessitated by the Contractor’s work shall be requested in writing by the Contractor at least seven (7) working days prior to the proposed outage. The request shall be directed to the County Project Manager and shall stipulate the specific utility system(s), and circuits, to be affected, the location of the work, the time at which the shutdown will occur, and the duration of the outage of each system. Outages shall be kept to a minimum both in number and in duration. Where multiple outages are required, as many outages as can be accurately scheduled shall be submitted as a group.

2.7.8 The Contractor shall be responsible for obtaining all required permits; unless dictated otherwise by the County Project Manager. Permits for work under this contract will be issued to the Contractor by Howard County Department of Inspections, Licenses and Permits.

2.7.9 The Contractor shall coordinate and schedule all necessary inspections required by Howard

County Inspections, Licenses and Permits.

2.7.10 The Contractor shall provide a complete set of record drawings (as-builts) showing original contracted work and any changes during construction.

2.8 Construction Changes:

2.8.1 The Contractor shall be responsible for the coordination and proper performance of the work. The Contractor shall field verify all dimensions and advise the County Project Manager of any discrepancies prior to the proceeding with that phase of the work. Where exact locations are not given for the positioning of equipment and devises, they shall be positioned to permit easy access for maintenance and for removal and replacement of component parts.

2.8.2 During the progress of the job, the Contractor shall keep a complete record at the job site of all changes, and corrections from the layouts shown on the drawings, if applicable. The Contractor shall enter such changes and corrections on contract or record drawings promptly and submit record drawings prepared by the Contractor’s Architecture/Engineering consultants in electronic format to the County Project Manager upon completion of work.

Howard County, Maryland Page 17 of 54 Office of Purchasing

2.8.3 Change in the construction shall be preapproved by the County Project Manager (unless very minor). Changes impacting cost shall be dealt with by the issuance of a Change Order to the Purchase Order. The procedures for the issuance of a Change Order are the same as the procedures for the issuance of the original Job Order Purchase Order.