2-03. 00300 Form of Proposal 054.27.B3.pdf

Harper’s Choice MS - Chiller & Cooling Tower Replacement Bid #054.27.B3

SECTION 00300

FORM OF PROPOSAL

Harper’s Choice Middle School

Chiller & Cooling Tower Replacement (Wage Scale)

BID #054.27.B3

Date: Owner: Board of Education of Howard County Maryland 10910 Clarksville Pike

Ellicott City, MD 21042

(410) 313-6723

Contractor: Engineer/Architect:

PLEASE NOTE: That by signing this form of proposal and submitting a proposal, the Bidding Contractor acknowledges that they have reviewed the Contract Agreement Template that has been provided in these Solicitation Documents and if awarded they will agree to sign the contract as presented. If the awarded Contractor fails to sign the Official Contract when it is presented, Howard County Public Schools will reserve the right to file a claim against the Contractors Bid Bond.

In addition the undersigned, having carefully examined the Bid Documents for the above reference project, including, but not limited to the “Bid Announcement,” “Instructions to Bidders,” “General Conditions,” “Technical Specifications,” “Addenda,” and any other related Bid Documents, “do hereby propose to furnish all the necessary labor, materials, equipment and services to perform all of the work required in strict accordance with the aforesaid documents using only specified manufacturer’s materials for the Lump Sum as follows:

BASE BID

1. TOTAL BASE BID (WAGE SCALE) AS DESCRIBED IN BID DOCUMENTS:

MBE GOAL APPLIES (20% OVERALL GOAL / 0% AFRICAN AMERICAN OWNED / 0% WOMEN OWNED)

IN WORDS (Printed Neatly in Ink or Typewritten) (IN FIGURES) ** In the case of a discrepancy between the total base bid written words and figures, the amount written in words shall govern

Building Dynamics 108 Magnolia Lane Annapolis, Maryland 21403

(443) 534-2951

ALTERNATE PRICING ITEMS (WAGE SCALE) - State amounts in both Words and Figures

Special Instructions: Submit a bid on each of the alternates as identified in these Solicitation Documents and listed below. The following Alternate(s) is/are proposed for additional or changes to certain work and should not be included in the base bid total above. Alternate price(s) should include materials, labor and insurance, machinery, tools, utilities, apparatus and means of performing the work; and all other products or services necessary for the proper design, permitting and construction of the project in the manner set forth, described and shown in these Solicitation Documents. It is understood that this price will be used to determine the cost to alter the work and that these prices include all expenses of every kind involved with, or incidental to, the alteration of the items below. If selection of the alternate does not alter cost, enter “(zero)” $0 on the lines. “Not Applicable”, “N/A”, “No Cost”, “NC”, and any other denotations other than dollars and cents shall not be used. Lines left blank will be considered a zero cost and inappropriate notations may be considered a Non- Responsive bid.

ADD ALTERNATE NO. 1 – Provide hydronic unit heater with associated piping, valves, and accessories.

MBE GOAL APPLIES (20% OVERALL GOAL / 0% AFRICAN AMERICAN OWNED / 0% WOMEN OWNED)

IN WORDS (Printed Neatly in Ink or Typewritten) (IN FIGURES) ** In the case of a discrepancy between the total base bid written words and figures, the amount written in words shall govern

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

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

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

PROPOSED SUBSTITUTIONS

Proposed substitutions shall be submitted in accordance with Instructions to Bidders, see Instructions to Bidders, Article 3, Bidding Documents, 3.3 Substitutions. Bids will be considered on systems, processes, or products of manufacturers other than those cited if accompanied by detailed technical specifications for each item, catalogs, test reports, brochures, and other descriptive literature and supporting data, sufficient in detail to permit evaluation of the proposed substitution without further reference. The Contractor should list below any proposed substitutions for a piece of equipment. If the piece of equipment is approved by the Engineer, the Contract price will be adjusted by the amount shown. The acceptance or rejection of “Substitute Equipment” will not be considered when determining the successful bidder.

Proposed Substitutions Price Change

REFERENCES

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

Name: ______________________________________________________________

Address of Site: _______________________________________________________

Nature of Job: _______________________________________________________

Person to contact: ____________________________________________________

Telephone: __________________________________________________________

Nature of Job: _______________________________________________________

Telephone: _________________________________________________________

Nature of Job: _______________________________________________________

Telephone: _________________________________________________________

Cited references must be able to confirm, without reservation, your company’s ability to provide the level of service mandated in this solicitation. Contact information is to be accurate. The Owner will not be responsible for errors, non-working numbers or persons that are no longer employed by the firm or do not respond. Howards County Board of Education reserves the right to reject any bid based on an unsatisfactory reference. The Board of Education also reserves the right to request additional references as needed.

COMPANY INFORMATION

Name of company years in business

Street Address

City State Zip

Telephone #

CONTRACT ADMINISTRATOR

Name Title

Address Phone

Cell phone e-mail

ADDENDA

Receipt of the following addenda is acknowledged:

Addendum No. Dated______________ Addendum No. Dated______________

Addendum No. Dated______________ Addendum No. Dated______________

Addendum No. Dated______________ Addendum No. Dated______________

WARRANTY TO THE LUMP SUM

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

If the undersigned received written notice of the acceptance, at his designated address, within sixty

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

LIQUIDATED DAMAGES – MINORITY BUSINESS ENTERPRISE PROGRAM

This contract requires the contractor to make good faith efforts to comply with the Minority Business Enterprise (“MBE”) Program and contract provisions. The Board and the Contractor acknowledge and agree that the Board of Education of Howard County will incur damages, including but not limited to loss of goodwill, detrimental impact on economic development, and diversion of internal staff resources, if the Contractor does not make good faith efforts to comply with the requirements of the MBE Program and MBE contract provisions. The parties further acknowledge and agree that the damages the Board of Education of Howard County might reasonably be anticipated to accrue as a result of such lack of compliance are difficult to ascertain with precision.

Therefore, upon a determination by the Board of Education of Howard County that the Contractor failed to make good faith efforts to comply with one or more of the specified MBE Program requirements or contract provisions, the Contractor agrees to pay liquidated damages to the Board of Education of Howard County at the rates set forth below. The Contractor expressly agrees that the Board of Education of Howard County may withhold payment on any invoices as a set-off against liquidated damages owed. The Contractor further agrees that for each specified violation, the agreed upon liquidated damages are reasonably proximate to the loss the Board of Education of Howard County is anticipated to incur as a result of such violation.

a. Failure to submit each monthly payment report in full compliance with COMAR 21.11.03.13B (3): $100.00 per day until the monthly report is submitted as required.

b. Failure to include in its agreements with MBE subcontractors a provision requiring submission of payment reports in full compliance with COMAR 21.11.03.13B (4): $100.00 per MBE subcontractor.

c. Failure to comply with COMAR 21.11.03.12 in terminating, canceling, or changing the scope of work/value of a contract with an MBE subcontractor and/or amendment of the MBE participation schedule: the difference between the dollar value of the MBE participation commitment on the MBE participation schedule for that specific MBE firm and the dollar value of the work performed by that MBE firm for the contract.

d. Failure to meet the Contractor’s total MBE participation goal and subgoal commitments: the difference between the dollar value of the total MBE participation commitment on the MBE participation schedule and the MBE participation actually achieved.

e. Failure to promptly pay all undisputed amounts to an MBE subcontractor in full compliance with the prompt payment provisions of this contract: $100.00 per day until the undisputed amount due to the MBE subcontractor is paid.

Notwithstanding the use of liquidated damages, the Board of Education of Howard County reserves the right to terminate the contract and exercise all other rights and remedies provided in the contract or by law.

WARRANTY TO THE LUMP SUM

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

If the undersigned received written notice of the acceptance, at his designated address, within One Hundred and Twenty (120) days after the bid opening (or later if the bid has not been withdrawn), the undersigned agrees to execute and deliver a contract and bonds in accordance with the bid as accepted, within seven (7) days after receiving notice, or forfeit the amount of the bid bond.

MARYLAND MARKETPLACE (eMMA) REQUIREMENT Contractors are required by Maryland State law to register on eMaryland Marketplace Advantage at eMaryland Marketplace Advantage (eMMA) within five days following notice of award. Maryland law requires local and state agencies to post award notices on eMaryland Marketplace Advantage This cannot be done without the contractor’s self-registration in the system.

It is recommended that any interested bidder register with eMaryland Marketplace Advantage https://emma.maryland.gov/page.aspx/en/sup/registration_extranet_manage regardless of the award outcome for this procurement as it is a valuable resource for bid notification for municipalities throughout Maryland.

If you are not already registered with eMMA please do so prior to submitting your bid. It is required that you provide your eMMA contractor number on the price page/form of proposal when you submit your proposal. Registration with eMMA is free. If you have any questions or need assistance, contact their help desk at emma.helpdesk@maryland.gov or call (410) 767- 1492.

Failure to comply with this requirement may be considered grounds for default.

FORM CONTINUES ON NEXT PAGE

mailto:emma.helpdesk@maryland.gov

AFFIDAVIT

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

Statutory Affidavit and Non-Collusion Certification

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

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

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

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

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

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

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

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

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

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

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

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

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

(you may attach an explanation as necessary)

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

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

6. I affirm that this firm will not knowingly employ an individual to work at a school if the individual is a Registered Sexual Offender, pursuant to section 11-722 ( C ) of the Criminal Procedure Article of the Annotate Code of Maryland. A firm or person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

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

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

(Signature of Bidder) (Date)

(Print Name of Bidder) (Title of Bidder)

SUBSCRIBED AND SWORN to before me on this _________ day of ______________, 20______.

NOTARY PUBLIC

Name_________________________________________ Seal:

My Commission Expires_________________________

(Legal Name of Company)

(Address)

(City) (State) (Zip)

(Telephone) (Fax)

(E-mail address)

Contractor's License Number # _____________________________________________

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

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