OFFICE OF PROCUREMENT AND CONTRACTING INVITATION FOR BID #16-09 RENOVATION OF OUTDOOR HANDBALL COURTS

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1 OFFICE OF PROCUREMENT AND CONTRACTING INVITATION FOR BID #16-09 RENOVATION OF OUTDOOR HANDBALL COURTS ISSUE DATE: February 18, 2016 PRE-BID CONFERENCE: DATE: February 25, 2016 TIME: 10:00 A.M. Prince George s Community College 301 Largo Road Kent Hall, RM. 262 Largo, Maryland SITE VISIT: DATE: February 25, 2016, following Pre-Bid Conference BID DUE DATE: DATE: March 17, 2016 TIME: 10:00 A.M. Prince George s Community College Office of Procurement and Contracting 301 Largo Road Kent Hall. Rm. 264 Largo, Maryland PROCUREMENT / ISSUING OFFICE PROJECT MANAGER: PROCUREMENT BUYER: DEADLINE FOR QUESTIONS: RESPONSES TO QUESTIONS: Prince George s Community College Office of Procurement and Contracting 301 Largo Road Kent Hall Rm. 264 Largo, Maryland Scot Schulze, Grounds Maintenance Supervisor, Facilities Management Lynnette Ellington Procurement Coordinator March 3, 1:00 p.m. NO LATER THAN March 8, 2016, BY CLOSE OF BUSINESS NOTE: ALL ADDENDA CAN BE ACCESSED AT: and For inquiries contact: lellington@pgcc.edu * * * *BIDS MUST BE MAILED OR HAND DELIVERED TO THE ADDRESS SHOWN ABOVE, NO LATER THAN THE ANNOUNCED DATE AND TIME OF CLOSING. BIDS SENT BY FACSIMILE WILL NOT BE ACCEPTED.

2 TABLE OF CONTENTS BIDDING REQUIREMENTS A. Invitation for Bid B. Bid Proposal Form C. General Requirements D. Specifications E. Drawing for Railing F. Campus Map G. Reference Sheet H. Bid Proposal Affidavit I. Performance Bond Form PGCC-C3 J. Payment Bond Form PGCC-C4 K. Bid Bond Form PGCC-C7 L. Mercury Content M. Conflict of Interest N. Contract Affidavit O. Instructions to Bidders P. General Conditions Q. Comar Title 21 State Procurement Regulations R. Mandatory Construction Contract Clauses S. Minority Business Enterprise Participation Provisions T. Minority Business Enterprise Utilization Affidavit U. Minority Participation Schedule V. Agreement Between Owner and Contractor W. Change Order Form

3 PRINCE GEORGE'S COMMUNITY COLLEGE 301 LARGO ROAD LARGO, MARYLAND INVITATION FOR BID #16-09 SEALED BIDS FOR RENOVATION OF OUTDOOR HANDBALL COURTS, I.F.B. #16-09, will be received for the Board of Trustees of Prince George's Community College by the Office of Procurement & Contracting, Kent Hall, Room 264, Prince George's Community College, 301 Largo Road, Largo, Maryland, until March 17, 2016, 10 a.m., and at that time publicly opened. If the college is closed, the bid opening will take place at the same time on the next day the college is open for business. Bids will be received in a sealed envelope, which shall be plainly marked as follows: BID FOR: RENOVATION OF OUTDOOR HANDBALL COURTS NAME AND ADDRESS OF BIDDER OPENS: MARCH 17, 2016, 10:00 A.M. NON-DISCRIMINATION IN PROCUREMENT The Board of Trustees is committed to a policy of non-discrimination and equal opportunity in all procurement activities, to the end that college purchases and contracts shall be solicited and entered into without regard to the race, color, religion, sex, marital status, age, handicap or national origin or status as a Vietnam war veteran, qualified disabled veteran, or qualified individual with a disability, of any bidder, prospective bidder, vendor or contractor. Minority Business Enterprises are encouraged to participate. MINORITY BUSINESS ENTERPRISE YES NO CERTIFICATION # PRINCE GEORGE S COUNTY FIRM YES NO SMALL BUSINESS FIRM YES NO The College has established a MBE goal for this project, with mandatory 30% MBE participation. It is the policy of Prince George s Community College to encourage minority businesses and local businesses to provide goods and services for the performance of College functions. Minority businesses include non-profit entities organized to promote the interests of handicapped persons and firms that are 51% owned and controlled by a member(s) of socially or economically disadvantaged minority groups, which include: Blacks, Hispanics, American Indians, Alaska natives, Asians, Pacific Islanders, women, and the mentally or physically disabled. The contractor is required to demonstrate that a mandatory minimum 30% of the subcontractors and/or vendors anticipated to be retained by the Contractor for the College s project are minority firms.

4 BID/PROPOSAL FORM RENOVATION OF OUTDOOR HANDBALL COURTS I.F.B. #16-09 Board of Trustees of Prince George's Community College c/o Director of Procurement Kent Hall, Room Largo Road Largo, Maryland Having carefully examined all parts of the Invitation for Bid #16-09, RENOVATION OF OUTDOOR HANDBALL COURTS including the Instructions to Bidder, the General Conditions and Specifications, the undersigned offers to furnish all labor, materials, equipment, tools, transportation, etc. necessary to complete the work within the time limit of forty-five (45) days after Notice to Proceed". A: TOTAL BASE BID Dollars ($ ) B: BID, PAYMENT AND PERFORMANCE BONDS: By signing and submitting this bid, the bidder certifies that he will furnish all bonds in the amounts sufficient to cover the total proposed cost of the work. Refer to Instructions to Bidders #3, Bid Security. The bonds will be amended and maintained current as required by the owner with all additions or deletions from the contract work. I certify that I have contacted and received a guarantee commitment from (name of insurance company) for a payment/performance bond(s) in the amount of $ for this project to be included in the base bid. Authorized Signature (Principal of Firm) If bidder is a corporation, affix corporate seal. If bidder is a co-partnership, list names and addresses of all partners. Contractors will be legally licensed to perform this contract in the State of Maryland. Contractor s current license number is. Please attach a copy of your company s most current legal contractor s license. The Board of Trustees may consider informal any bid not prepared and submitted in accordance with the stated provisions and may waive any informalities in, or reject any or all bids. In the event the college determines that it is in the best interests of the college to make changes in the specifications or quantities, after the bid opening, but prior to award, the college reserves the right, prior to award, to negotiate such changes with the qualified responsive bidder submitting the low bid and to award a contract incorporating such agreed upon changes to that bidder. Page - 2

5 All bid prices shall hold for a period of NINETY (90) DAYS AFTER THE BID OPENING. AWARD The contract shall be awarded to the lowest responsive and responsible bidder, who conforms to the specifications, with consideration given to: (i) (ii) (iii) (iv) (v) The quantities involved; The time required for delivery; The purpose for which required; The competence and responsibility of the bidder; and The ability of the bidder to perform the contract satisfactorily. OTHER REQUIREMENTS A properly completed and executed Bid Proposal Affidavit must accompany the bid. Failure to submit with bid response may lead to the disqualification of bidder. Communications should be directed to Ms. Lynnette Ellington, Procurement Coordinator via to lellington@pgcc.edu If written notice of the acceptance of this bid is mailed, telegraphed or delivered to the undersigned within NINETY (90) DAYS AFTER THE DATE OF THE OPENING OF THE BID, or any time thereafter before this bid is withdrawn, the undersigned will, within TEN (10) DAYS after the date of such mailing, telegraphing or delivering of such notice, execute and deliver a contract in the form of agreement attached to the specifications and give Performance and Payment Bonds in accordance with the specifications and bid as accepted. The Bid Security required by Sec. MCC 20 of General Conditions accompanies this bid. The undersigned understands that the college reserves the right to waive any informalities in bids received and to accept or reject any or all bids, to accept part and not the other part, subject to the availability of funds. The undersigned acknowledges receipt of the following addenda: #'s. Failure to acknowledge any addenda could result in the disqualification of bidder. In witness whereof, the undersigned has executed this proposal as provided in Art. 2g of the Instructions to Bidder this day of PRINT NAME SIGNATURE TITLE FIRM ADDRESS OF BIDDER ADDRESS OF BIDDER TELEPHONE NUMBER FAX NUMBER ADDRESS EIN Page - 3

6 GENERAL REQUIRMENTS: Normal work days may begin at 7:00 a.m. and may end at 4:00 p.m. The contractor must identify in advance those tasks that present potential safety hazards, can reasonably be expected to produce excessive noise, and/or dust, require access to electric closets and utility line tie-ins. Scheduled work times for these tasks must be authorized in advance by the college. Any damage to the existing systems, buildings, grounds, etc., resulting from contractor s operations shall be replaced new by the contractor at no expense to the college. Removed materials shall become the property of the contractor as soon as they are disconnected from the existing system. Materials removed shall be disposed of by the contractor, off site, and in an authorized approved fashion. It is strongly recommended that each bidder visit the job site to better understand the over-all work scope and existing field conditions. The site inspection is to take place following the pre-bid conference on February 25, This will be the only scheduled site inspection for this project. A certificate of insurance must be submitted to the office of procurement and contracting by the successful bidder, prior to an award of contract. LIQUIDATED DAMAGES/FAILURE TO PERFORM WORK The successful bidder accepts this contract with the understanding that should they fail to complete the work in an acceptable manner and in the time stated, shall be subject to the payment of liquidated damages as stated in the bid document. LIQUIDATED DAMAGES SCHEDULE: ESTIMATED PROJECT COST LIQUIDATED DAMAGES PER DAY $25,000 and under $ $25,000 - $100,000 $ $100,000 - $500,000 $ $500,000 - $1,000,000 $ $1,000, $2,500,000 $ $2,500,000 - $5,000,000 $1, $5,000,000 - $10,000,000 $1, $10,000,000 - $15,000,000 $2, $15,000,000 and More $2, The college reserves the right to make an award in the aggregate or to award separate awards, to reject any or all bids, to accept part and not the other part, in the best interest of the college. In the case of tie bids, an award will be made on the basis of best price and delivery with consideration first given to firms located in Prince George s County and then to firms located in other areas of Maryland. Page - 4

7 Prince George s Community College INVITATION FOR BID #16-09 RENOVATION OF OUTDOOR HANDBALL COURTS I II SCOPE OF WORK: The college will hire a licensed contractor to provide all labor, materials, tools, equipment, transportation, disposal, etc., to renovate the outdoor handball courts and retaining wall which are located adjacent to the outer roadway next to the running track. Work will include the following as a minimum: Remove the current 12 inch cinder block walls associated with the outdoor handball courts (4 walls are 11 x35 and 6 walls are 11 x18 ). Replace the block with poured concrete walls using the same thickness and height as the existing poured concrete and same length as the block walls, ensuring the new wall is adequately and safely secured to the current concrete wall. Repair any cracks, holes or other imperfections that may prevent the entire surface (both old and new concrete walls and floor) from being smooth. Prepare the surface of the remaining concrete walls and paint to a uniform color for all walls. Provide markings on the walls and floor in accordance with US Handball Association specifications. Add a two (2) inch black line strip 3.5 feet from floor on all front walls. Remove parge from back retaining wall (6 x170 ). Reface retaining wall block with 3-5/8 x7-5/8 stone. Install expansion joint filler at all intersections of pavement. Paint chain-link fence and poles12 x500. Remove all debris from site. DEFINITIONS: A. Remove: Remove and legally dispose of items except those indicated to be reinstalled, salvaged or to remain the owner s property. B. Existing to Remain: Protect construction indicated to remain against damage and soiling during selective demolition. When permitted by the owner, items may be removed to a suitable, protected storage location during selective demolition and then cleaned and reinstalled in their original location. C. Unit Price: The amount proposed by bidders, stated on the Bid Form, as a price per unit of measure for materials or services added to or deducted from the contract sum by appropriate modification, if the estimated quantities of work required by the Contract Documents are increased or decreased. Unit prices include all necessary material, plus cost of delivery, installation, overhead, profit and applicable taxes. 1

8 III IV V CODES, REGULATIONS, PERMITS AND REFERENCES: All work performed shall conform to the codes and regulations governing such work. It shall be the responsibility of the Contractor to familiarize himself with all governing Codes, Regulations and Ordinances and report any non-compliance to the Owner prior to entering into a contract. These requirements are minimum criteria and no reductions permitted by Code will be allowed without permission of the Owner. All workmanship, methods and materials shall meet the highest standards of the trade and in general shall conform to the standards of the following technical societies, associations, organizations and groups: Regulations of the Maryland Department of the Environment Procedures for Implementation of Energy Conservation of the Maryland Department of General Services International Building Code Code of Maryland Regulations American Disabilities Act American Society for Testing Materials American National Standards Institution Underwriters Laboratory SUBMITTALS: The contractor must submit a mix design with compression strength results for approval by the college representative. The mix design must include descriptive literature of all admixtures proposed for use by the contractor. The contractor must submit for approval descriptive literature and drawings of the forming system, anchoring details, curing process/system and reinforcing supports which are proposed for use by the contractor. The contractor must submit for approval descriptive literature for materials and procedures to repair cracks. The contractor must submit for approval descriptive literature for primer and paint products. Information will be provided on maximum moisture content allowed of the surface to be painted. The contractor must submit for approval descriptive literature for expansion joint filler and holding strips. Contractor to provide material certificates certifying that each material component complies with, or exceeds, specified requirements. The contractor and manufacturer of the concrete must sign the certificates. INTENT: It is not intended that this specification reflect every fitting and appurtenance. All such parts necessary for the complete execution of the work, in accordance with the best practices of the trade and to the satisfaction of the College shall be provided whether these parts may have been specifically mentioned or not, or indicated in the Specifications. 2

9 VI VII MATERIALS: Concrete will meet the specifications required for type of structure and use. Tie-ins are adequate to deal with freeze and thaw on the ground and support of the perpendicular wall. Tie-ins will be of such to present a smooth appearance on the walls. Paint will be Sherman Williams Paint Pro Industrial Water Based Epoxy B73W00361 and B73V00200 or comparable. Primer will be Sherman Williams Loxon Masonry Coating System Block Surfacer A24W00200 or comparable. Owner will approve retaining wall stone face color. Color will match other stone walls/gardens on campus. EXECUTION: General: All work performed must follow the appropriate standards of the American Concrete Institute for proper proportioning, handling, placing, finishing and curing of concrete. Comply with guidance as outlined in American Society of Concrete. Contractors The Contractor s Guide to Quality Concrete Construction. Protect persons, motor vehicles and surrounding areas from injury resulting from the work. Control dirt and dust to not negatively affect the use of adjacent tennis courts or running track. Dispose of run-off by legal means and in a manner which prevents soil erosion and damage to surrounding hard scape and landscape. Forms: Forms materials: Contractor to provide materials with sufficient wall thickness to resist loads imposed by wet concrete without deformation. Contractor to provide form coating compounds that will not bond with, stain, or adversely affect the surface. Design, erect, support, brace and maintain form work to support vertical and lateral, static and dynamic loads that might be applied until such loads can be supported by the concrete structure. Construct formwork such that concrete members and structures are of the correct size and shape, alignment, elevation and position. Maintain formwork construction tolerances complying with ACI347. Forms should be constructed in a manner for easy removal to ensure a smooth finished surface. Concrete Placement: Pre-placement Inspection: Before placing the concrete, inspect and complete placement or reinforcing steel and formwork installation. The contractor must then notify the owner that such inspection was completed. The owner with the contractor will inspect the reinforcing steel and forms for compliance with the contact documents. 3

10 Placement of concrete will be in accordance with ACI304. Contractor will ensure concrete is placed only in temperature parameters approved for the type of mix used. Concrete Curing and Protection: The contractor will protect freshly placed concrete from premature drying and excessive cold or hot temperatures. Finish: Concrete will have a type 1 smooth finish to ensure the best true bounce possible. Cracks: Cracks will be cleaned and prepared in accordance with manufacturer s specifications. Contractor will verify the size of the cracks and confirm that the contractor is using the correct procedure to repair. Paint: Contractor will verify the maximum moisture level in the concrete to allow for good adhesion. Paint will be of uniform color for old and new concrete walls. Stripping will be done in accordance with the US Handball Association guidelines. An added two (2) in block strip will be placed on the front wall. This line will be 3.5 feet above the floor. Expansion Joints: Install appropriate expansion joint filler at all intersections of pavements and wherever pavement abuts the concrete wall. Hold filler strip in place by means appropriate to the installing material. Debris Removal and Cleanup: The contractor shall, at the end of each work day, remove waste materials and debris resulting from the renovation. The contractor shall deposit such waste and debris in a dumpster on site. The dumpster shall be provided by the Contractor. The Contractor shall be responsible for the emptying of the dumpster when required. If the work area is not clean, it will be cleaned by others at the contractor s expense. The Contractor shall at the completion of work, remove from the campus grounds all tools, equipment and surplus material resulting from the renovation. Safety: The work shall include workman on site who have received training in OSHA safety requirements and who have the ability to recognize an unsafe act or condition. Contractor has the responsibility to provide adequate barriers and direction to reroute any non-work related traffic, vehicle or pedestrian around the site. 4

11 VIII DEFECTIVE WORK: Any concrete work not formed as shown on the plans or for any reason is out of alignment or level or shows a defective surface shall be considered as not conforming with the intent of these specifications and shall be removed from the job by the Contractor at his expense unless the Owner grants permission to patch the defective area. Permission to patch any such area shall not be considered a waiver of the Owner s right to require complete removal of the defective work if the patching does not, in his opinion, satisfactorily restore the quality and appearance of the surface. Immediately after removing forms, all concrete surfaces shall be inspected and any poor joints, voids, stone pockets, honeycomb, or other defective areas permitted by the Owner to be patched and all the tie holes shall at once be patched before the concrete is thoroughly dry. IX DURATION OF WORK: The work will be conducted in a professional and workman like manner. Work shall be substantially completed, ready for use within ninety (90) days of commencement of construction. The contractor will be assessed liquidated damages in the amount stated within this document per calendar day for each day that any work shall remain uncompleted beyond the specified contract time. X WARRANTY: Joints shall be guaranteed by the contractor in writing against adhesive and cohesion failure and against water penetration through the sealed joint for 5 years from the date of acceptance by the owner. Should cracking, leakage or other defects occur due to faulty materials or workmanship as adjudged by the owner, the contractor shall at no expense to the college, remove, replace or repair all such defective work. The contractor shall guarantee in writing for a period of 5 years from the date of substantial completion any structural cracking on the newly completed concrete surface. The contractor will further guarantee the color finish for 2 years from the date of substantial completion against chalking, checking facing discoloration, or other adverse effects from ultraviolet rays from the sun, moisture or temperatures. Acrylic patching and crack repair work will be warranted for a period of 2 years. Manufacturers or another warranty that is applicable to this project and exceeds the warranty listed above, will supersede this document. 5

12 The specifications for the standard three-wall handball court 6

13 A. Dimensions. The court is 20 feet wide, 20 feet high and 40 feet long. B. Lines and zones. Handball courts shall be divided and marked on the floors with 2-inch-wide lines. Recommended colors are white or red. The lines shall be marked as follows: 1. Short line. The short line is parallel to the front and back walls. Its outside edge is 20 feet from the front wall. 2. Service line. The service line is parallel to the short line and its outside edge is 5 feet in front of the outside of the short line. 3. Service zone. The service zone is the area between the outer edges of the short and service lines. 4. Service boxes. A service box is located at each end of the service zone by lines whose outside measurements are 18 inches from and parallel to each side wall. 5. Receiver's restraining lines. Five feet back of the outside edge of the short line, lines should be marked on the floor extending 6 inches from the side wall. These lines are parallel to the short line. 6.Other lines A 4 inch yellow warning line will be place 6 feet off the retaining wall 7

14 Parking Lots... A H Students Staff Staff & Faculty only V Visitors only Handicapped only 1. Kent Hall 5. Largo Student Center 12. Continuing Education Building 25. Temporary 1 and 2 Administration Human Resources Workforce Development and Continuing Education 2. Accokeek Hall elearning Services Library 3. Bladen Hall Admissions and Records Advising and Transfer Services Cashier Disability Support Services (DSS) Enrollment Services Financial Aid Office (FAO) Health Education Center (nurse) Recruitment Registration Veterans Services Welcome Center Bookstore Campus Dining College Life Services Community Rooms A, B, C Rennie Forum 6. Chesapeake Hall 7. Lanham Hall Service Learning 8. Marlboro Hall Career Services Marlboro Gallery Student Development Resource Center (SDRC) Student Support Services (TRiO) Vocational Support Services (VSS) 9. Queen Anne Fine Arts Hallam Theatre (classrooms only) 13. Steel Building 14. Annex A 15. Facilities Management Campus Police 16. Track/Practice Soccer Field 17. Golf Range 18. Tennis Courts 19. Racquetball Courts 20. Auto Bay 21. Warehouse 26. Temporary Services TS 27. Temporary Services TO 28. Temporary Services TZ 29. Center for Advanced Technology College Lab Services (computer labs) Cyber Café 30. Center for Health Studies International Education Center Marvelous Market 31. Temporary Main Soccer Field 4. Bladen Hall 10. Novak Field House 22. Baseball Diamond Campus Police Substation College Lab Services (computer labs) Language Studies Lab Student Assessment Services (Testing Center) Tutoring and Writing Centers 11. Robert I. Bickford Natatorium Pool Raquetball Courts Weight Room 23. Softball Diamond 24. Picnic Grove Parking Lots A H Staff V Students Staff and Faculty only Visitors only Handicapped only 13364/0615

15 REFERENCES EACH BIDDER MUST LIST BELOW THREE CUSTOMERS OF SIMILAR REQUIREMENTS. FAILURE TO SUBMIT REFERENCES WILL DEEM BID NON-RESPONSIVE. 1. Customer Name: Address: Contact Person: Phone: 2. Customer Name: Address: Contact Person: Phone: 3. Customer Name: Address: Contact Person: Phone:

16 BID/PROPOSAL AFFIDAVIT A. Authority I HEREBY AFFIRM THAT: I (print name) possess the legal authority to make this Affidavit. B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in "discrimination" as defined in of the State Finance and Procurement Article of the Annotated Code of Maryland. "Discrimination" means any disadvantage, difference, distinction, or preference in the solicitation, selection, hiring, or commercial treatment of a vendor, subcontractor, or commercial customer on the basis of race, color, religion, ancestry, or national origin, sex, age, marital status, sexual orientation, or on the basis of disability or any otherwise unlawful use of characteristics regarding the vendor's, supplier's, or commercial customer's employees or owners. "Discrimination" also includes retaliating against any person or other entity for reporting any incident of "discrimination". Without limiting any other provision of the solicitation on this project, it is understood that, if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder discriminated against subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that determination, including any remedial action taken. Bidder agrees to comply in all respects with the State's Commercial Nondiscrimination Policy as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland. B-1. Certification Regarding Minority Business Enterprises. The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, (a)(2), Annotated Code of Maryland, which provides that, except as otherwise provided by law, a contractor may not identify a certified minority business enterprise in a bid or proposal and: (1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority proposal; (2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the bid or proposal; (3) Fail to use the certified minority business enterprise in the performance of the contract; or (4) Pay the certified minority business enterprise solely for the use of its name in the bid or proposal. Without limiting any other provision of the solicitation on this project, it is understood that if the certification is false, such false certification constitutes grounds for the State to reject the bid submitted by the bidder on this project, and terminate any contract awarded based on the bid. B-2. Certification Regarding Veteran-Owned Small Business Enterprises. The undersigned bidder hereby certifies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article, , Annotated Code of Maryland, which provides that a person may not: (1) Knowingly and with intent to defraud, fraudulently obtain, attempt to obtain, or aid another person in fraudulently obtaining or attempting to obtain public money, procurement contracts, or funds expended under a procurement contract to which the person is not entitled under this title; March 16, 2015

17 (2) Knowingly and with intent to defraud, fraudulently represent participation of a veteran owned small business enterprise in order to obtain or retain a bid preference or a procurement contract; (3) Willfully and knowingly make or subscribe to any statement, declaration, or other document that is fraudulent or false as to any material matter, whether or not that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document; (4) Willfully and knowingly aid, assist in, procure, counsel, or advise the preparation or presentation of a declaration, statement, or other document that is fraudulent or false as to any material matter, regardless of whether that falsity or fraud is committed with the knowledge or consent of the person authorized or required to present the declaration, statement, or document; (5) Willfully and knowingly fail to file any declaration or notice with the unit that is required by COMAR ; or (6) Establish, knowingly aid in the establishment of, or exercise control over a business found to have violated a provision of B-2(1) (5) of this regulation. C. AFFIRMATION REGARDING BRIBERY CONVICTIONS I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section (b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies has been convicted of, or has had probation before judgment imposed pursuant to Criminal Procedure Article, 6-220, Annotated Code of Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and their current positions and responsibilities with the business):. D. AFFIRMATION REGARDING OTHER CONVICTIONS I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities including obtaining or performing contracts with public bodies, has: (1) Been convicted under state or federal statute of: (a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or (b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property; (2) Been convicted of any criminal violation of a state or federal antitrust statute; (3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer Influenced and Corrupt Organization Act, 18 U.S.C et seq., or the Mail Fraud Act, 18 U.S.C et seq., for acts in connection with the submission of bids or proposals for a public or private contract; March 16, 2015

18 (4) Been convicted of a violation of the State Minority Business Enterprise Law, of the State Finance and Procurement Article of the Annotated Code of Maryland; (5) Been convicted of a violation of of the State Finance and Procurement Article of the Annotated Code of Maryland; (6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or liability under any law or statute described in subsections (1) (5) above; (7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the submission of bids or proposals for a public or private contract; (8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract; (9) Been convicted of a violation of one or more of the following provisions of the Internal Revenue Code: (a) 7201, Attempt to Evade or Defeat Tax; (b) 7203, Willful Failure to File Return, Supply Information, or Pay Tax, (c) 7205, Fraudulent Withholding Exemption Certificate or Failure to Supply Information, (d) 7206, Fraud and False Statements, or (e) 7207 Fraudulent Returns, Statements, or Other Documents; (10) Been convicted of a violation of 18 U.S.C. 286 Conspiracy to Defraud the Government with Respect to Claims, 18 U.S.C. 287, False, Fictitious, or Fraudulent Claims, or 18 U.S.C. 371, Conspiracy to Defraud the United States; (11) Been convicted of a violation of the Tax-General Article, Title 13, Subtitle 7 or Subtitle 10, Annotated Code of Maryland; (12) Been found to have willfully or knowingly violated State Prevailing Wage Laws as provided in the State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, if: (a) A court: (i) Made the finding; and (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure Act; and (ii) Not overturned on judicial review; (13) Been found to have willfully or knowingly violated State Living Wage Laws as provided in the State Finance and Procurement Article, Title 18, Annotated Code of Maryland, if: (a) A court: (i) Made the finding; and March 16, 2015

19 (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure Act; and (ii) Not overturned on judicial review; (14) Been found to have willfully or knowingly violated the Labor and Employment Article, Title 3, Subtitles 3, 4, or 5, or Title 5, Annotated Code of Maryland, if: (a) A court: (i) Made the finding; and (ii) Decision became final; or (b) The finding was: (i) Made in a contested case under the Maryland Administrative Procedure Act; and (ii) Not overturned on judicial review; or (15) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in B and C and subsections D(1) (14) of this regulation, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment): E. AFFIRMATION REGARDING DEBARMENT I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities, including obtaining or performing contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities with the business, the grounds of the debarment or suspension, and the details of each person's involvement in any activity that formed the grounds of the debarment or suspension).. F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES March 16, 2015.

20 I FURTHER AFFIRM THAT: (1) The business was not established and it does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections , et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and (2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows (you must indicate the reasons why the affirmations cannot be given without qualification): G. SUB-CONTRACT AFFIRMATION I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business, has knowingly entered into a contract with a public body under which a person debarred or suspended under Title 16 of the State Finance and Procurement Article of the Annotated Code of Maryland will provide, directly or indirectly, supplies, services, architectural services, construction related services, leases of real property, or construction. H. AFFIRMATION REGARDING COLLUSION I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business has: (1) Agreed, conspired, connived, or colluded to produce a deceptive show of competition in the compilation of the accompanying bid or offer that is being submitted; (2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or price proposal of the bidder or offeror or of any competitor, or otherwise taken any action in restraint of free competitive bidding in connection with the contract for which the accompanying bid or offer is submitted. I. CERTIFICATION OF TAX PAYMENT I FURTHER AFFIRM THAT: Except as validly contested, the business has paid, or has arranged for payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the Department of Labor, Licensing, and Regulation, as applicable, and will have paid all withholding taxes due the State of Maryland prior to final settlement. J. CONTINGENT FEES I FURTHER AFFIRM THAT: The business has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency working for the business, to solicit or secure the Contract, and that the business has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee, bona fide agent, bona fide salesperson, or commercial selling agency, any fee or any other consideration contingent on the making of the Contract. K. CERTIFICATION REGARDING INVESTMENTS IN IRAN March 16, 2015.

21 (1) The undersigned certifies that, in accordance with State Finance and Procurement Article, , Annotated Code of Maryland: (a) It is not identified on the list created by the Board of Public Works as a person engaging in investment activities in Iran as described in State Finance and Procurement Article, , Annotated Code of Maryland; and (b) It is not engaging in investment activities in Iran as described in State Finance and Procurement Article, , Annotated Code of Maryland. 2. The undersigned is unable to make the above certification regarding its investment activities in Iran due to the following activities: L. CONFLICT MINERALS ORIGINATED IN THE DEMOCRATIC REPUBLIC OF CONGO (FOR SUPPLIES AND SERVICES CONTRACTS) I FURTHER AFFIRM THAT: The business has complied with the provisions of State Finance and Procurement Article, , Annotated Code of Maryland governing proper disclosure of certain information regarding conflict minerals originating in the Democratic Republic of Congo or its neighboring countries as required by federal law. M. I FURTHER AFFIRM THAT: Any claims of environmental attributes made relating to a product or service included in the bid or proposal are consistent with the Federal Trade Commission s Guides for the Use of Environmental Marketing Claims as provided in 16 CFR 260, that apply to claims about the environmental attributes of a product, package, or service in connection with the marketing, offering for sale, or sale of such item or service. N. ACKNOWLEDGEMENT I ACKNOWLEDGE THAT this Affidavit is to be furnished to the Procurement Officer and may be distributed to units of: (1) the State of Maryland; (2) counties or other subdivisions of the State of Maryland; (3) other states; and (4) the federal government. I further acknowledge that this Affidavit is subject to applicable laws of the United States and the State of Maryland, both criminal and civil, and that nothing in this Affidavit or any contract resulting from the submission of this bid or proposal shall be construed to supersede, amend, modify or waive, on behalf of the State of Maryland, or any unit of the State of Maryland having jurisdiction, the exercise of any statutory right or remedy conferred by the Constitution and the laws of Maryland with respect to any misrepresentation made or any violation of the obligations, terms and covenants undertaken by the above business with respect to (1) this Affidavit, (2) the contract, and (3) other Affidavits comprising part of the contract. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. Date: By: (print name of Authorized Representative and Affiant) (signature of Authorized Representative and Affiant) March 16, 2015

22 PERFORMANCE BOND Principal Business Address of Principal Surety Obligee A corporation of the State of and authorized to do business in the State of Maryland Board of Trustees of Prince George s Community College Penal Sum of Bond (express in words and figures) Date of Contract: BOND NO. Date of Bond: Description of Contract: Contract Number: KNOW ALL MEN BY THESE PRESENTS, That we, the Principal named above and Surety named above, are held and firmly bound unto the Obligee named above in the Penal Sum of this Performance Bond stated above, for the payment of which Penal Sum we bind ourselves, our heirs, executors, administrators, personal representatives, successors, and assigns, jointly and severally, firmly by these presents. However, where Surety is composed of corporations acting as co-sureties, we the co-sureties, bind ourselves, our successors and assigns, in such Penal Sum jointly and severally as well as severally only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each co-surety binds itself, jointly and severally with the Principal, for the payment of such sum as appears above its name below, but if no limit of liability is indicated, the limit of such liability shall be the full amount of the Penal Sum. WHEREAS, Principal has entered into or will enter into a contract with the State of Maryland, by and through the Administration named above acting for the State of Maryland, which contract is described and dated as shown above, and incorporated herein by reference. The contract and all items incorporated into the contract, together with any and all changes, extensions of time, alterations, modifications, or additions to the contract or to the work to be performed thereunder or to the Plans, Specifications, and Special Provisions, or any of them, or to any other items incorporated into the contract shall hereinafter be referred as "the Contract." WHEREAS, it is one of the conditions precedent to the final award of the Contract that these presents be executed. October 20, 2010

23 NOW, THEREFORE, during the original term of said Contract, during any extensions thereto that may be granted by the Administration, and during the guarantee and warranty period, if any, required under the Contract, unless otherwise stated therein, this Performance Bond shall remain in full force and effect unless and until the following terms and conditions are met: 1. Principal shall well and truly perform the Contract; and 2. Principal and Surety shall comply with the terms and conditions in this Performance Bond. Whenever Principal shall be declared by the Administration to be in default under the Contract, the Surety may, within 15 days after notice of default from the Administration, notify the Administration of its election to either promptly proceed to remedy the default or promptly proceed to complete the contract in accordance with and subject to its terms and conditions. In the event the Surety does not elect to exercise either of the above stated options, then the Administration thereupon shall have the remaining contract work completed, Surety to remain liable hereunder for all expenses of completion up to but not exceeding the penal sum stated above. The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the Specifications accompanying the same shall in any way affect its obligation on this Performance Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the Specifications. This Performance Bond shall be governed by and construed in accordance with the laws of the State of Maryland and any reference herein to Principal or Surety in the singular shall include all entities in the plural who or which are signatories under the Principal or Surety heading below. IN WITNESS WHEREOF, Principal and Surety have set their hands and seals to this Performance Bond. If any individual is a signatory under the Principal heading below, then each such individual has signed below on his or her own behalf, has set forth below the name of the firm, if any, in whose name he or she is doing business, and has set forth below his or her title as a sole proprietor. If any partnership or joint venture is a signatory under the Principal heading below, then all members of each such partnership or joint venture, and each member has set forth below his or her title as a general partner, limited partner, or member of joint venture, whichever is applicable. If any corporation is a signatory under the Principal or Surety heading below, then each such corporation has caused the following: the corporation's name to be set forth below, a duly authorized representative of the corporation to affix below the corporation's seal and to attach hereto a notarized corporate resolution of power of attorney authorizing such action, and each such duly authorized representative to sign below and set forth below his or her title as a representative of the corporation. If any individual acts as a witness to any signature below, then each such individual has signed below and has set forth below his or her title as a witness. All of the above has been done as of the Date of Bond shown above. In Presence of:individual Principal Witness as to (SEAL) October 20, 2010

24 In Presence of: Witness: as to as to Co-Partnership Principal (SEAL) (Name of Co-Partnership) (SEAL) (SEAL) as to (SEAL) Corporate Principal Name of Corporation Attest: By: AFFIX Corporate Secretary President CORPORATE SEAL Attest: Signature Bonding Agent s Name: Agent s Address: (Surety) AFFIX CORPORATE By: SEAL Title: (Business Address of Surety) (Telephone Number) (Telephone Number) October 20, 2010

25 PAYMENT BOND Principal Business Address of Principal Surety Obligee A corporation of the State of and authorized to do business in the State of Maryland Board of Trustees of Prince George s Community College Penal Sum of Bond (express in words and figures) Date of Contract: BOND NO. Date of Bond: Description of Contract: Contract Number: KNOW ALL MEN BY THESE PRESENTS, That we, the Principal named above and Surety named above, being authorized to do business in Maryland, and having business address as shown above, are held and firmly bound unto the Obligee named above, for the use and benefit of claimants as hereinafter defined, in the Penal Sum of this Payment Bond stated above, for the payment of which Penal Sum we bind ourselves, our heirs, executors, administrators, personal representatives, successors, and assigns, jointly and severally, firmly by these co-sureties, bind ourselves, our successors and assigns, in such Penal Sum jointly and severally as well as severally only for the purpose of allowing a joint action or actions against any or all of us, and for all other purposes each co-surety binds itself, jointly and severally with the Principal, for the payment of such sum as appears above its name below, but if no limit of liability is indicated, the limit of such liability shall be the full amount of the Penal Sum. WHEREAS, Principal has entered into or will enter into a contract with the State, by and through the Administration named above acting for the State of Maryland, which contract is described and dated as shown above, and incorporated herein by reference. The contract and all items incorporated into the contract, together with any and all changes, extensions of time, alterations, modifications, or additions to the contract or to the work to be performed thereunder or to the Plans, Specifications, and Special Provisions, or any of them, or to any other items incorporated into the contract shall hereinafter be referred to as the "Contract". WHEREAS, it is one of the conditions precedent to the final award of the Contract that these presents be executed. October 20, 2010

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