OFFICE OF PROCUREMENT AND CONTRACTING INVITATION FOR BID #15-05 NEW BATHROOM COUNTER TOPS

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1 OFFICE OF PROCUREMENT AND CONTRACTING INVITATION FOR BID #15-05 NEW BATHROOM COUNTER TOPS ISSUE DATE: November 5, 2014 PRE-BID CONFERENCE: DATE: November 12, 2014 TIME: 10:00 A.M. Prince George s Community College 301 Largo Road Kent Hall, RM. 262 Largo, Maryland BID DUE DATE: DATE: December 3, 2014 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 FROM THE COLLEGE: Prince George s Community College Office of Procurement and Contracting 301 Largo Road Kent Hall Rm. 264 Largo, Maryland Craig Hawkins, Building Maintenance Supervisor Facilities Management Lynnette Ellington, Procurement Coordinator Office of Procurement & Contracting November 17, 1:00 p.m. NO LATER THAN November 21, 2014, 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. Instructions to Bidders B. Invitation for Bid C. Bid Proposal Form D. General Requirements E. Scope of Work F. Reference Sheet G. Bid Proposal Affidavit H. Mercury Content I. Bid Bond Form PGCC-C7 J. Contract Affidavit K. Minority Business Enterprise Participation Provisions L. Minority Business Enterprise Utilization Affidavit M. Minority Participation Schedule N. Performance Bond Form PGCC-C3 O. Payment Bond Form PGCC-C4 P. Agreement Between Owner and Contractor Q. Change Order Form R. General Conditions S. Comar Title 21 State Procurement Regulations T. Mandatory Construction Contract Clauses

3 1. Visit the Site: BOARD OF TRUSTEES PRINCE GEORGE S COMMUNITY COLLEGE Instructions to Bidders Prior to preparing the bid form Visit the Site. Familiarize yourself with all existing conditions. Make all necessary investigations as to the location of pipe lines, services, and all other matters which can affect the work proposed. Familiarize yourself with the plans and specifications. Read the General Conditions of the Contract. 2. Filling Out Proposal Forms: a. Use only forms supplied by the Owner. b. Make an original and one copy of submission, Par. j. below. c. Use ink or typewriter. d. Fill in all blank spaces. e. Do not alter or change any wording in the proposal form. f. State all prices in both words and figures. g. Sign the proposal form with pen and ink. Individuals sign with full name and address. Co-Partnerships: A member of the firm must sign and include address. List the names and addresses of all other members of the firm. Corporations: An officer of the corporation must sign and include name and address of the corporation. The corporate seal shall be affixed near the signature. h. Attach the bid bond or certified check. i. Attach the Bid Proposal Affidavit. j. Place original and one copy of the proposal in an envelope, addressed to Office of Procurement and Contracting, Kent Hall, Room 264, Prince George s Community College, 301 Largo Road, Largo, Maryland 20774, bearing on the outside: the name and address of the bidder; name or title of the bid; and the bid opening time and date. k. Seal and Deliver: Delivery (mail or otherwise) must be made prior to published opening time so that the Form of Proposal can be opened at the public bid opening at the time specified. Late bids will not be considered. 3. Bid Security: No bonds are required on contracts less than $25,000. For contracts in excess of $25,000, each bidder must furnish a bid bond, PGCC Form C7, with the proposal, by a surety company approved by the Owner. The bond must be in an amount not less than five percent (5%) of the amount of the base bid. The contractor to whom the Contract is awarded must also furnish Performance and Payment Bonds, PGCC Form C3 and C4, on contracts exceeding $25,000 but not greater than $50,000, each to be one half (1/2) of the contract amount. On contracts exceeding $50,000, each is to be in the full amount of the contract. Should the bidder to whom the contract is awarded fail or be unable to execute the contract, for any reason, within ten days after notification of award, then an amount equal to the difference between the accepted bid price, and that of the next highest

4 bidder shall be forfeited to the Owner. Certified checks for an amount not less than five percent (5%) of the bid are acceptable in lieu of a bid bond, and subject to the same conditions. Bond and checks must be made payable to the Board of Trustees of Prince George s Community College. Bid bonds and checks of all but the three lowest bidders will usually be returned immediately after determination of the order of bids. The bid bonds and checks of all bidders may be held ninety days. 4. Bid Opening: Will be public, at the office of the Office of Procurement and Contracting, at the hour stated, Kent Hall, Room 264, Prince George s Community College, 301 Largo Road, Largo, Maryland Reserved Rights: The Owner reserves the right to reject any and all bids or to accept any bid in the interest of Prince George s Community College. For the same reason the Owner reserves the right to waive any informality in a bid. 6. Licenses and Qualifications: Bidders must be licensed as required by Construction Firm Law of Maryland (Article 56, Section 180 Annotated Code of Maryland 1957 Edition) and shall submit a Qualification Questionnaire as requested. 7. Discrepancies: Should a bidder find discrepancies in the plans and/or specifications or should he be in doubt as to the meaning or intent of any part thereof, he must, not later than seven days (Saturdays and Sundays excluded) prior to the bid opening, request clarification from the Architect, who will issue an addendum or otherwise clarify the matter. Failure to request such clarification is a waiver to any claim by the bidder for expense made necessary by reason of later interpretation of the contract documents by the Architect. 8. Time of Completion: The time of completion is important and may be considered in awarding the contract. The days must be stated in calendar days, Saturdays and Sundays included. 9. Other Requirements: A properly completed and executed Bid Proposal Affidavit must accompany the bid. Failure to submit this document will result in disqualification of the bid.

5 INVITATION FOR BID #15-05 PRINCE GEORGE'S COMMUNITY COLLEGE 301 LARGO ROAD LARGO, MARYLAND SEALED BIDS FOR NEW BATHROOM COUNTER TOPS, I.F.B. #15-05, will be received for the Board of Trustees of Prince George's Community College by the Director of Procurement, Kent Hall, Room 264, Prince George's Community College, 301 Largo Road, Largo, Maryland, until December 3, 2014, 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: NEW BATHROOM COUNTER TOPS NAME AND ADDRESS OF BIDDER BID OPENS: DECEMBER 3, 2014, 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 25% 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 25% of the subcontractors and/or vendors anticipated to be retained by the Contractor for the College s project are minority firms.

6 BID/PROPOSAL FORM NEW BATHROOM COUNTER TOPS I.F.B. #15-05 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 #15-05, NEW BATHROOM COUNTER TOPS 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 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 Page - 2

7 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. 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. GENERAL REQUIRMENTS: NORMAL WORK DAYS MAY BEGIN AT 7:30 A.M. AND MAY END AT 3:30 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, UNLESS STATED OTHERWISE, 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 NOVEMBER 12, 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. 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 - 3

8 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 at 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 TELEPHONE NUMBER FAX NUMBER ADDRESS EIN ADDRESS OF BIDDER ADDRESS OF BIDDER Page - 4

9 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, Page - 5

10 I.F.B. #15-05 NEW BATHROOM COUNTER TOPS SCOPE OF WORK Contractor to provide materials, equipment, tools, labor, and installation services for the removal and installation of bathroom counter tops and faucets in the Robert I. Bickford Natatorium per the following: Contractor to demo existing 7 counter tops. Existing substructure to remain in tack, contractor to fix or replace any damage substructure. All tops are to be replaced with ½ Corian Solid surface tops, Grey in color, to match existing as close as possible, samples should be approved by Prince Georges College. All apron same in color ¼ Corian All sinks are to be under mounted All faucets to be installed Chicago Faucets E-Tronic 40 All existing faucets should be returned to Prince George s College plumbing dept. Ladies Locker Room/Faculty Bathroom A. Counter top 24 x12 with accessible apron 3 sinks B. Counter top 24 x12 with accessible apron 3 sinks C. Counter top 24 x6 with accessible apron 2 sinks Men s Locker Room/Faculty Bathroom A. Counter top 24 x12 with accessible apron 6 sinks B. Counter top 24 x6 with accessible apron 2 sinks Lobby Bathrooms Men/Women A. Counter top 24 x 6 no apron 2 sinks B. Counter top 24 x6 no apron 2 sinks Each bidder is required to submit a list of three projects of similar size and nature within the past five years. List company name, contact person, and telephone number. Failure to do so will result in the disqualification of bidder. It shall be the responsibility of the contractor to cooperate at all times, and to the fullest extent, with all trades doing work on the campus, to the end that lost time, work stoppages, interference and inefficiencies do not occur. No items shall be shipped directly to the site. The contractor shall be responsible for receiving, storing and securing all goods and materials at their own facility. The contractor shall make appropriate arrangements, and coordinate with authorized personnel at the site during installation. The contractor shall remove all debris from work areas on a daily basis. The contractor shall remove all refuse and rubbish from and about the premises and shall leave the relevant areas and equipment clean and in an operational state after completion of work. The contractor shall be responsible for repairing any damage caused to the premises by the contractor or contractor equipment or delivery activities at no cost to the Owner. The contractor must have qualified representatives at the job site to coordinate this project. Page - 6

11 Upon completion all surfaces such as hallways and corridors, rooms, stairs, elevators, restrooms, concrete walks, asphalt parking lots, roadways, lawns, etc., shall be restored if damaged or altered by contractor work. All work is to be performed during normal working hours, Monday through Friday, between the hours of 7:30am - 3:30pm. Contractor shall warranty the work for a period of one (1) year for all parts, materials and workmanship, after final acceptance by the owner. Page - 7

12 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: Page - 8

13 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; May 06, 2013

14 (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; May 06, 2013.

15 (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; or (9) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in B and C and subsections D(1) (8) above, except as follows (indicate reasons why the affirmations cannot be given, and list any conviction, plea, or imposition of probation before judgment with the date, court, official or administrative body, the sentence or disposition, the name(s) of the person(s) involved and their current positions and responsibilities with the business, and the status of any debarment): E. AFFIRMATION REGARDING DEBARMENT I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business, or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the business's contracting activities, including obtaining or performing contracts with public bodies, has ever been suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows (list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities with the business, the grounds of the debarment or suspension, and the details of each person's involvement in any activity that formed the grounds of the debarment or suspension).. F. AFFIRMATION REGARDING DEBARMENT OF RELATED ENTITIES I FURTHER AFFIRM THAT: (1) The business was not established and it does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections , et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and. May 06, 2013

16 (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 (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 May 06, 2013.

17 (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. 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) May 06, 2013

18 Mercury Content A. Mercury Content. If required under COMAR , a price preference not exceeding 5 percent shall be applied in the evaluation of bids or proposals in favor of products that are mercury free or if stated elsewhere in the solicitation, to products containing the least amount of mercury. The following mercury affidavit shall be completed and returned with the bid or proposal. B. Mercury Affidavit. I am the MERCURY AFFIDAVIT AUTHORIZED REPRESENTATIVE THEREBY AFFIRM THAT: affidavit on behalf of myself and the business for which I am acting. [ ] The product(s) offered do not contain mercury. [ ] The product(s) offered do contain mercury. MERCURY CONTENT INFORMATION: (1) Describe the product or product component that contains mercury. OR (Title) and the duly authorized representative of (Business). I possess the legal authority to make this (2) Provide the amount of mercury that is contained in the product or product component. Indicate the unit of measure being used. 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 Signature Print Name: Authorized Representative and Affiant

19 BID BOND Bond No. We, as Principal, hereinafter called the Principal, and, a corporation duly organized under the laws of the State of, or an individual surety qualified in accordance with State Finance and Procurement Article, or , Annotated Code of Maryland, as Surety, hereinafter called the Surety, are held and firmly bound unto the State of Maryland, hereinafter called "State", for the sum of for the payment of which sum, the Principal and the Surety bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for (Identify project by number and brief description): NOW, THEREFORE, if the Principal, upon acceptance by the State of its bid identified above, within the period specified therein for acceptance (ninety (90) days, if no period is specified), shall execute such further contractual documents, if any, and give such bond(s) as may be required by the terms of the bid as accepted within the time specified (ten (10) days if no period is specified) after receipt of the forms, or in the event of failure so to execute such further contractual documents and give such bonds, if the Principal shall pay the State the difference not to exceed the penalty hereof between the amount specified in Principal's bid and such larger amount for which the State may in good faith contract with another party to perform the work covered by said bid, then the above obligation shall be void and of no effect. The Surety executing this instrument hereby agrees that its obligation shall not be impaired by any extension(s) of the time for acceptance of the bid that the Principal may grant to the State, notice of which extension(s) to the Surety being hereby waived; provided that such waiver of notice shall apply only with respect to extensions aggregating not more than ninety (90) calendar days in addition to the period originally allowed for acceptance of the bid. In Presence of: Witness as to Individual Principal (Name) (SEAL) In Presence of: Witness Partnership Principal (Name) as to as to as to (SEAL) Partner (SEAL) Partner (SEAL) Partner PGCC-C7 October 20, 2010

20 Attest: Corporate Principal (Name of Corporation) AFFIX Secretary Attest By: President SEAL (Surety) AFFIX By: Attorney-in-fact SEAL Bonding Agent's Name Agent's Address Approved as to form and legal sufficiency this day of, 20 PGCC-C7 October 20, 2010

21 CONTRACT AFFIDAVIT A. AUTHORITY I HEREBY AFFIRM THAT: I, (print name) possess the legal authority to make this Affidavit. B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION I FURTHER AFFIRM THAT: The business named above is a (check applicable items): (1) Corporation domestic or foreign; (2) Limited Liability Company domestic or foreign; (3) Partnership domestic or foreign; (4) Statutory Trust domestic or foreign; (5) Sole Proprietorship and is registered or qualified as required under Maryland Law. I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with the State Department of Assessments and Taxation is: Name and Department ID Number: Address: and that if it does business under a trade name, it has filed a certificate with the State Department of Assessments and Taxation that correctly identifies that true name and address of the principal or owner as: Name and Department ID Number: Address: May 06, 2013

22 C. FINANCIAL DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, the provisions of State Finance and Procurement Article, , Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business. D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, Election Law Article, , Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other agreements with the State of Maryland, including its agencies or a political subdivision of the State, during a calendar year in which the person receives in the aggregate $100,000 or more shall file with the State Board of Elections a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election. E. DRUG AND ALCOHOL FREE WORKPLACE (Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head s designee has determined that application of COMAR and this certification would be inappropriate in connection with the law enforcement agency s undercover operations.) I CERTIFY THAT: (1) Terms defined in COMAR shall have the same meanings when used in this certification. (2) By submission of its bid or offer, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall: (a) Maintain a workplace free of drug and alcohol abuse during the term of the contract; (b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business workplace and specifying the actions that will be taken against employees for violation of these prohibitions; (c) Prohibit its employees from working under the influence of drugs or alcohol; (d) Not hire or assign to work on the contract anyone who the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program; May 06, 2013

23 (e) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred; (f) Establish drug and alcohol abuse awareness programs to inform its employees about: (i) The dangers of drug and alcohol abuse in the workplace; (ii) The business s policy of maintaining a drug and alcohol free workplace; programs; and workplace; (iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance (iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the (g) Provide all employees engaged in the performance of the contract with a copy of the statement required by E(2)(b), of this regulation; (h) Notify its employees in the statement required by E(2)(b), of this regulation, that as a condition of continued employment on the contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction; (i) Notify the procurement officer within 10 days after receiving notice under E(2)(h)(ii), of this regulation, or otherwise receiving actual notice of a conviction; (j) Within 30 days after receiving notice under E(2)(h)(ii), of this regulation, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace: or (i) Take appropriate personnel action against an employee, up to and including termination; (ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and (k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of E(2)(a) (j), of this regulation. (3) If the business is an individual, the individual shall certify and agree as set forth in E(4), of this regulation, that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance of the contract. (4) I acknowledge and agree that: May 06, 2013

24 certification; (a) The award of the contract is conditional upon compliance with COMAR and this (b) The violation of the provisions of COMAR or this certification shall be cause to suspend payments under, or terminate the contract for default under COMAR or , as applicable; and (c) The violation of the provisions of COMAR or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR F. CERTAIN AFFIRMATIONS VALID I FURTHER AFFIRM THAT: To the best of my knowledge, information, and belief, each of the affirmations, certifications, or acknowledgements contained in that certain Bid/Proposal Affidavit dated, 20, and executed by me for the purpose of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein. I DO SOLEMNLY DECLARE AND AFFIRM UNDER THE PENALTIES OF PERJURY THAT THE CONTENTS OF THIS AFFIDAVIT ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION, AND BELIEF. Date: By: (printed name of Authorized Representative and affiant) (signature of Authorized Representative and affiant) May 06, 2013

25 PRINCE GEORGE S COMMUNITY COLLEGE MINORITY BUSINESS ENTERPRISE PARTICIPATION PROVISIONS MBE 1. Introduction. These provisions, and the accompanying MBE Utilization Affidavit, form a part of the Contract Documents. Award of the Contract shall be subject to the college concluding that the apparent successful bidder meets the requirements of these provisions. The definitions contained in COMAR apply to these provisions. MBE 2. MBE Participation Goal. MBE 2.1 A certified Minority Business Enterprise ( MBE ) participation goal of not less than 25 percent of the dollar value of the Contract has been established by the college for this procurement. The Bidder agrees that not less than 25 percent of the total Contract amount will be performed by certified MBE s. MBE 2.2. An MBE prime contractor responding to the solicitation shall, if awarded the Contract accomplish an amount of work not less than 25 percent of the total Contract amount with its own work force, certified MBE subcontractors, or both in combination. The documentation requirements of MBE 4 are applicable only if MBE subcontractors are to be utilized in the performance of the Contract. The MBE prime contractor shall, however, be certified or submit an MBE affidavit and apply to be certified in accordance with MBE 4.4. MBE 3. MBE Utilization Affidavit. Each bid submitted in response to this solicitation shall be accompanied by a completed MBE Utilization Affidavit in the form attached, in which the Bidder acknowledges the MBE Participation Goal and commits to make a good faith effort to achieve the goal. MBE 4. Documentation. The following documentation shall be considered as part of the Contract, and shall be furnished by the bidder with their bid submission. The apparent successful bidder will be notified within 10 working days of issuing the contract to submit their final schedule of participation. If the Contract has been awarded and the following documentation is not furnished, the award shall be null and void. MBE 4.1. A completed schedule of participation naming each MBE who will participate in the project that describes the: (a) Contract items to be performed or furnished by the MBE and the proposed timetable for performance, and; (b) Agreed prices to be paid to each MBE for the work or supply. MBE 4.2. If the apparent successful bidder is unable to achieve the contract goal for MBE participation, the apparent successful bidder may submit instead of or in conjunction with the schedule of participation, a request in writing for a waiver as provided below. MBE 4.3. An MBE subcontractor project participation statement signed by both the bidder and each MBE listed in the schedule of participation, which shall include: MBE 1

26 (a) statement of intent to enter into a contract between the prime contractor and each subcontractor if a contract is executed between the college and the prime contractor or if the prime contract has been awarded, copies of the subcontract agreement or agreements; and (b) The amount and type of bonds required of MBE subcontractors, if any. MBE 4.4. A completed and signed MBE affidavit for any MBE prime contractor and for each MBE identified in the schedule for MBE participation provided that the bidder, offeror, or subcontractors are not already certified by the State Minority Business Certification Council or the Department of Transportation under COMAR or 16. MBE 4.5. An affidavit completed and signed by the prime contractor stating that, in the solicitation of subcontract quotations or offers, MBE subcontractors were provided not less than the same information and amount of time to respond as were non-mbe subcontractors, and that the solicitation process was conducted in such manner as to otherwise not place MBE subcontractors at a competitive disadvantage to non-mbe subcontractors. MBE 4.6. Any other documentation considered appropriate by the college to ascertain bidder responsibility in connection with the contract MBE participation goal. MBE 4.7. The Contractor, by submitting his bid or offer, consents to provide that documentation requested by the college and to provide right of entry at any reasonable time for purposes of the college s representatives verifying compliance with the MBE subcontractor requirements. MBE 5. Contracts Involving Subcontracts. MBE 5.1. Award of a Contract involving subcontracts shall be subject to the college concluding that the apparent successful bidder or offeror meets the applicable certified MBE participation provisions contained in the solicitation. MBE 5.2 The apparent successful bidder shall within 10 working days from the date of award of the contract or notification that it is the apparent successful bidder, whichever is earlier, submits the documentation required. MBE 5.3. Nothing in these provisions is intended to preclude the award of a contract conditionally upon receipt of the document specified in MBE 5.2. MBE 5.4 Whenever an uncertified minority business is identified for contract award, or in the schedule for subcontract participation, the college shall forward the affidavit of the minority business to the appropriate certification entity for certification consistent with COMAR and 16. A contract may be awarded notwithstanding the pendency of certification. In the event of an unfavorable disposition, the college may not, in the future, treat that business entity as an MBE until it is so certified. MBE 6. Noncompliance. If the college determines that the apparent successful bidder has not complied with the certified MBE subcontract participation contract goal, and has not obtained a waiver in accordance with MBE 7, or if the bidder fails to submit the documentation required MBE 2

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