605B7600007 Notice To Bidders.pdf

Information to Bidders

EC26-09042-61 / BPM058137 /605B7600007

This procurement is designated for Small Business Reserve (see I.6)

NOTICE TO BIDDERS

Solicitation Fact Sheet

- PLEASE READ THOROUGHLY -

BIDS FOR THIS SOLICITATION ARE BEING ACCEPTED SOLELY ONLINE

THROUGH eMaryland Marketplace Advantage (eMMA) https://emma.maryland.gov

Solicitation #: BPM058137 / 605B7600007 DNR Project #: EC26-09042-61 DNR Project Title: Replacement of Boat Launch Dock Project Location: St. Mary’s River State Park Procurement Officer: Emmanuel Smith Procurement Email: emmanuel.smith2@maryland.gov Project Manager: Benjamin Degenhard SBR-Designated: Yes MBE Goal: 0%. See Section I.7.C VSBE Goal: 0%. Section I.7.D Retainage: 5% (See Section XIV.) If applicable

For the purpose of this solicitation, the Department of General Services (DGS0) Instructions to Bidders for Construction Projects (July 2022), and the DGS General Conditions for Construction Contracts (July 2022) have been supplemented as follows:

I. NOTICE TO BIDDERS:

1. Bid Due Date: Friday, September 4, 2026, at 5:00 PM

2. Pre-Bid Conference will be held on Monday August 17, 2026, at 10:00am.

It will occur at St. Mary’s River State Park

21250 Camp Cosoma Road Leonardtown, MD 20650

Please email any reasonable ADA accommodation request for attending the pre-bid conference directly to the Procurement Officer no later than Friday, August 10, 2026, at 1:00 (five business days before the pre-bid conference date).

a. Carefully review the Department of General Services (DGS) Instructions to Bidders for

Construction Projects (July 2022); which are attached to this solicitation; and the DGS General Conditions for Construction Contracts (July 2022); which are incorporated herein, are available here:

https://emma.maryland.gov/ mailto:emmanuel.smith2@maryland.gov https://dgs.maryland.gov/Documents/ofp/GeneralConditionsforConstruction2022.pdf https://dgs.maryland.gov/Documents/ofp/GeneralConditionsforConstruction2022.pdf https://dgs.maryland.gov/Documents/ofp/GeneralConditionsforConstruction2022.pdf

3. (https://dgs.maryland.gov/Documents/ofp/GeneralConditionsforConstruction2022.pdf).

4. Carefully review the State of Maryland – Department of General Services Instructions to Bidders for Construction Projects (July 1, 2022); as provided.

5. The Project Classification for this solicitation is Class A ($50,000 - $100,000)

6. Small Business Reserve Designation:

This is a Small Business Reserve Procurement for which the award will be limited to certified small businesses. Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§14-501—14-505, Annotated Code of Maryland, and that are certified by the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA) Small Business Reserve Program are eligible for award of a contract. Before awarding a contract under a procurement designated as a small business reserve procurement, the Procurement Officer shall verify that the apparent awardee is certified by the GOSBA as a certified small business through eMMA. However, if small businesses do not show interest in this solicitation, the Procurement Officer has the right to remove the SBR designation via an Amendment on eMMA.

7. Subcontractor Engagement:

A) A minimum of 51% of all work performed per this contract shall be performed by the prime contractor’s own employee work force under its immediate supervision.

B) No more than 49% of the work performed per the Project Manual may be performed by any subcontractor. All subcontracts must be disclosed on Attachment P per § II.

C) Minority Business Enterprise (MBE):

The MBE Subcontract Participation Goal for this Solicitation is 0%.

The MBE participation shall be a percentage of the TOTAL CONTRACT VALUE.

Please refer to the MDOT MBE Directory at https://marylandmdbe.mdbecert.com/ to determine if a firm is certified with the appropriate North American Industry Classification System (“NAICS”) Code and the product/services description. Only those specific products and/or services for which a firm is certified in the MDOT Directory can be used for purposes of achieving the MBE participation goals.

If, for any reason, the apparent successful bidder is unable to achieve the contract goal for each certified MBE classification specified as having a subcontract goal or the overall MBE contract goal, the bidder will be contacted to document its waiver request as stated in the Minority Business Enterprise Attachment D – February 5, 2021.

https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://gomdsmallbiz.maryland.gov/Pages/sbr-program.aspx https://marylandmdbe.mdbecert.com/

Please review all MBE information carefully. Refer to the Minority Business Enterprise Attachment D – February 5, 2021 for further information.

D) Veteran-Owned Small Business Enterprise (VSBE):

The VSBE Subcontract Participation Goal for this solicitation is 0%.

The VSBE participation shall be a percentage of the TOTAL CONTRACT VALUE.

Confirmation of VSBE Program Certification – eMMA is the exclusive platform to use when verifying that a veteran vender is certified in the State’s VSBE program.

The “VSBE Certification #” field must be populated and the “VSBE Expiration Date” must be valid.

Please review all VSBE information carefully. Refer to Attachment E – Veteran-owned Small Business Enterprise” for further information.

E) Small Business Preference (SBP):

Not Applicable

8. All questions pertaining to this project must be submitted in writing via email to the

Procurement Officer. Questions shall be submitted by Friday August 21, 2026 by 4:00 PM. Response to all questions will be loaded into the eMMA solicitation.

Note: Sent all questions to:

emmanuel.smith2@maryland.gov and rene.alonso2@maryland.gov

II. BID FORMS:

1. The bidder shall submit a bid including the following forms and all line items listed on the eMMA solicitation.

A) The Bid Response Package with acknowledgement of all addenda;

B) Reference Check Form C) Attachment A – Bid/Proposal Affidavit;

D) Attachment C – Bid Bond, if applicable;

E) Attachment F – Bidder/Offeror Information Sheet;

F) Attachment I – Conflict of Interest Affidavit;

G) Attachment O – Payment of Employee Healthcare Expenses Certificate;

H) Attachment P – List of All Subcontractors;

I) Attachment U – Contract Affidavit J) of Licenses or Certificates, as required per the Information to Bidders document; and K) Addendum

2. The bid form(s) shall be completed in ink or typed. Any erasures and/or alterations shall be initialed in ink by the signor.

3. The bid response package, if submitted by an individual, shall be signed by the individual; if submitted by a partnership, it shall be signed by such member or members mailto:emmanuel.smith2@maryland.gov mailto:rene.alonso2@maryland.gov of the partnership as having authority to bind the partnership; if submitted by a corporation, it shall be signed by an officer, and attested by the corporate secretary or an assistant corporate secretary. If not signed by an officer, as aforesaid, there must be attached a copy of that portion of the By-Laws or a copy of a Board resolution, duly certified by the corporate secretary, showing the authority of the person signing on behalf of the corporation.

4. Any contractor calling itself a “joint venture” shall be, as between the contractor and the State, an ordinary partnership, whose partners are liable to the State as provided in Corporations and Associations Article §9-307 of the Annotated Code of Maryland.

III. BID SUBMISSION:

1. Bid Response Packages submitted in response to this solicitation must be uploaded to eMMA (https://emma.maryland.gov).

2. Prices shall be submitted via eMMA digital line items, referencing the Bid Response Package and Project Manual.

3. Duplicate bid submissions will not be accepted. Notice of intention to withdraw a bid and/or submission of a replacement bid is to be sent to the Procurement Officer via email.

4. Incomplete bid responses packages and digital line items may result in the rejection of the contractor’s bid.

IV. LICENSES AND CERTIFICATES:

1. If the State of Maryland or other regulatory body requires a license or certificate to perform the services required, a copy of the license number and date of issuance must be submitted with the Bid Response Package.

2. A physical copy of the license must be provided to the Department upon request by the Procurement Officer.

V. INSURANCE REQUIREMENTS:

1. The base bid shall include without limitation, labor, materials, bailing, shoring, removal, overhead, profit, insurance (including builder’s risk insurance, if applicable) etc.

2. Builder's Risk Insurance is NOT required for this project.

3. Refer to the General Conditions for Construction Projects, 10.01: Insurance Requirements.

VI. TIME FOR BID ACCEPTANCE:

https://emma.maryland.gov/

1. The Contractor agrees that the bid price(s) submitted will be firm for a timer period of one hundred twenty (120) calendar days from the bid opening date.

2. After bid opening, the Procurement Officer may request bidders to extend the time during which the State may accept their bids, provided that, with regard to bids, no other change is permitted.

VII. ALL NON-RESIDENT BIDDERS:

Provide information with your bid as required by Section 12 of the DGS Instructions to Bidders.

VIII. BID BOND, PERFORMANCE and PAYMENT BOND:

1. Solicitations for construction contracts reasonably expected by the procurement officer to exceed the small procurement threshold for construction in Md. Code Ann., State Fin. & Proc. (SFP) § 13-109 ($200,000 as of October 1, 2025) shall contain notice of bid/proposal security requirements (See COMAR 21.06.07).

2. Solicitations for all other contracts reasonably expected by the procurement officer to exceed the small procurement threshold in SFP § 13-109 ($100,000 as of October 1, 2025) and for which the Bid/Proposal Bond Attachment is included, shall contain notice of the bid/proposal security requirements.

3. Notwithstanding 1 and 2 of this section, notice of bid/proposal security is required if a federal law or a condition of federal assistance for the contract requires it.

IX. PAYMENT TO CONTRACTORS:

Payments to the Contractor pursuant to this Contract shall be made no later than 30 days or within 15 days for an SBR contract, after the State’s receipt of a proper invoice from the Contractor. Charges for late payment of invoices, other than as prescribed by Title 15, Subtitle 1, of the State Finance and Procurement Article, Annotated Code of Maryland, or by the Public Service Commission of Maryland with respect to regulated public utilities, as applicable, are prohibited.

X. COMPLETION TIME AND LIQUIDATED DAMAGES:

The Contractor agrees that the price will be firm for a time period of one hundred twenty

(120) calendar days from the bid opening date to execution of the contract by the State.

The work shall be completed within 90 calendar days from the date of notice to proceed.

If the work is not completed within the time period specified, the contractor will be liable for liquidated damages of $150.00 per calendar day as specified in the “General Conditions”.

XI. LIQUIDATED DAMAGES FOR MBE SUBCONTRACTORS

(Not Applicable as there is no MBE goal associated with this solicitation)

XII. AWARD AND EXECUTION OF THE CONTRACT:

1. The basis of the award will be to the lowest responsive and responsible bidder submitting the lowest Total Bid amount including any unit prices and alternates. All Unit Prices listed will be evaluated and awarded.

2. If notified by the Procurement Officer of “Intent to Award”, the following must be provided to the Department of Natural Resources via email to the Procurement Officer.

A) Certificate of Insurance B) Current W-9 C) Contract Affidavit (unless previously submitted with Bid Response Package)

Failure to submit these documents within 10 days of notification of “Intent to Award” may result in the rejection of the bid.

3. Upon review and approval of the Department and/or the Board of Public Works, an executed contract will be emailed to the Contractor. The Contract issued as a result of the Bid Solicitation and any subsequent amendments, modifications, or renewal options issued relevant to the Bid Solicitation or Contract, shall comply with all of the terms and conditions and specifications issued with the Bid Solicitation and are incorporated in and made part of the Contract.

XIII. INVOICING AND PAYMENTS

1. Upon completion and acceptance of the completed scope of work by the State, the Bidder shall submit a proper invoice for payment. According to COMAR 21.06.09.01(C), a proper invoice must include, without error, the Contractor's federal employer identification number or Social Security number, the Purchase Order Number, and any documentation required by regulation or the procurement contract. The Department requires the Contractor's address, phone number, and the address where the work was provided to be included. All invoices must be submitted to:

Maryland Department of Natural Resources Accounts Payable 580 Taylor Avenue, B-4 Annapolis, MD 21401 ninam.white@maryland.gov

Failure to provide a proper invoice may result in a delay in payment.

2. Unless a payment is unauthorized, deferred, delayed, or set-off under COMAR 21.02.07, payments to the Contractor will be made no later than 30 days after the State's receipt of a proper invoice from the Contractor. Payment will be considered to be made on the mailto:ninam.white@maryland.gov settlement date for an electronic funds transfer payment, or the mailing date of the check for a check payment.

3. Contractors are entitled to interest on late payments at the rate of 9 percent per annum per

COMAR 21.06.09.06 (A) if an invoice is submitted within 30 days after the date of payment and a contract claim has not been filed. The State is not liable for interest accruing more than one year after the 31st day after the agency receives a proper invoice or on unpaid interest.

4. The State is generally exempt from federal excise taxes, Maryland sales and use taxes, District of Columbia sales taxes, and transportation taxes. The Contractor, however, is not exempt from such sales and use taxes and may be liable for the same.

5. Payment of an invoice by the Department is not evidence that services were rendered as required under this Contract.

XIV. CONSTRUCTION CONTRACT RETAINAGE

Contract retainage of 5% the total award value applies to all construction contracts in the amount of $200,000 or more; or if Minority Business Enterprise or Veteran-Owned Small Business Enterprise subcontracting participation goals are applied.

See COMAR 21.06.06.01.

XV. PAYMENT OF EMPLOYEE HEALTH CARE EXPENSES CERTIFICATION:

1. Payment of Employee Health Care Expenses Certification (Attachment O), Under State

Finance & Procurement Article Title 17, Subtitle 8, Form must be submitted with the bid.

2. Failure to submit the form will deem the bidder as non-responsible and the bid will be rejected under COMAR 21.06.01.01.

XVI. PREVAILING WAGE RATES:

Prevailing wage rates apply to all contracts in the amount of $250,000.00 or more. Wage rates applicable to projects of $250,000.00 or more are attached to the specifications.

XVII. CHANGES/MODIFICATIONS TO THE CONTRACT:

This Contract may be amended only with the written consent of both parties. Amendments may not change significantly the scope of the Contract (including the Contract price).

Contract modifications to a small procurement contract shall be administered in accordance with the delegations specified in COMAR 21.02.01.04 and the procedures promulgated by the Departments.

XVIII. TERMINATION FOR NON-APPROPRIATION:

If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract will be terminated automatically as of the beginning of the fiscal year for which funds are not available. The Contractor may not recover anticipatory profits or costs incurred after termination.

XIX. TERMINATION FOR CONVENIENCE:

The State may terminate this Contract, in whole or in part, without showing cause upon prior written notice to the Contractor specifying the extent and the effective date of the termination. The State shall pay all reasonable costs associated with this Contract that the Contractor has incurred up to the date of termination and all reasonable costs associated with termination of the Contract. However, the Contractor may not be reimbursed for any anticipatory profits which have not been earned up to the date of termination. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of COMAR 21.07.01.12A(2).

XX. TERMINATION FOR DEFAULT

If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the State may terminate the Contract by giving the Contractor written notice of termination. Termination under this paragraph does not relieve the Contractor from liability for any damages caused to the State. Termination hereunder, including the determination of the rights and obligations of the parties, will be governed by the provisions of COMAR 21.07.01.11B.

XXI. DETAILED SPECIFICATIONS:

See the published Project Manual dated May 2026 on eMMA.

STATE OF MARYLAND

Department of General

Services

General Conditions for

Construction Contracts

Department of General Services Board of Public Works

Atif Chaudhry – Secretary Wes Moore – Governor

301 West Preston Street Brooke Lierman – Comptroller

Baltimore, MD 21201 Dereck E. Davis – Treasurer

Document Revised – January 18, 2023

State of Maryland – Department of General Services

General Conditions for Construction Contracts – July 1, 2022

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Table of Contents

Section 1 – General Provisions

1.01 – Definitions

1.02 – Contract Documents

1.03 – Conditions Affecting the Work

1.04 – Relationships of Contractor to Public Officials and Employees

1.05 – Commercial Nondiscrimination Policy

1.06 – Conflict of Interests

1.07 – Laws to Be Observed

1.08 – Pre-Existing Regulations (COMAR 21.07.01.17)

1.09 – Assignment of Antitrust Claims

1.10 – Solicitation, Warranty – Contingent Fee Prohibition (COMAR 21.07.01.09)

1.11 – Assignment, Novation, Change of Name

1.12 – Permits and Licenses

1.13 – Notice To Proceed

1.14 – Unauthorized Work

1.15 – Conformity With Contract Requirements

1.16 – Progress Meetings – Scheduling Meetings

1.17 – MBE-Related Liquidated Damages

1.18 – State Property Not Subject to Lien

1.19 – State Not Subject to Limitations

1.20 – Multi-Year Contract Contingent Upon Appropriation (COMAR 21.07.01.10)

Section 2 – Owner

2.01 – Interpretation of the Contract Documents

2.02 – Performance Evaluations

Section 3 – Contractor

3.01 – General

3.02 – Site Investigation (COMAR 21.07.02.06)

3.03 – Financial Disclosure (COMAR 21.07.01.19)

3.04 – Political Contribution Disclosure (COMAR 21.07.01.23)

3.05 – Prevailing Wage Rates

3.06 – Cost and Price Certification (COMAR 21.07.01.23)

3.07 – Contract Cost Principles and Procedures

3.08 – Control By the Contractor

3.09 – Project Signs and Inspector’s Field Office

3.10 – Barricades and Warning Signs

3.11 – Public Convenience and Safety

3.12 – Preservation, Protection and Restoration of Property

3.13 – Construction Safety and Health Standards

3.14 – Land, Air and Water Pollution, and Erosion Control

3.15 – Non-Discrimination in Employment (COMAR 21.07.01.08) and Affirmative Action

3.16 – Employees and Workmanship

3.17 – Coordination With Utilities

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3.18 – Maintenance of Work During Construction

3.19 – Failure to Maintain Entire Project

3.20 – Subcontracts

3.21 – Relation of Contractor to Subcontractor and Suppliers

3.22 – Removal of Defective Work

3.23 – Retention of Records – Audits by The State

3.24 – Maintenance of On-Site Documents

Section 4 – Architect

4.01 – General

Section 5 – Materials

5.01 – General

5.02 – Patents, Copyrights, Trade Secrets and Protected Matter

5.03 – Buy American Steel

5.04 – Substitutions

5.05 – Shop Drawings and Material Submittals

5.06 – Approved Equal

5.07 – Storage and Handling of Materials

Section 6 – Construction by Owner

6.01 – State’s Right to Do Work

6.02 – Separate Contracts

6.03 – Adjacent Work

Section 7 – Changes in The Work

7.01 – Change Orders (COMAR 21.07.02.02)

7.02 – Differing Site Conditions

7.03 – Modification of Contract Price

7.04 – Force Account Directive

7.05 – Deductions for Uncorrected Work

Section 8 – Time

8.01 – Progress Schedule Requirements

8.02 – Delays

Section 9 – Payments and Completion

9.01 – Cash Allowances

9.02 – Scope of Payment

9.03 – Certificates of Payment; Retainage

9.04 – Non-Compliant Work

9.05 – Payment and Interest

9.06 – Payments Withheld

9.07 – Prompt Payment of Subcontractors (COMAR 21.07.02.05-2)

9.08 – Cleaning Up

9.09 – Partial Acceptance

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9.10 – Substantial Completion

9.11 – Correction of Work Before Final Payment

9.12 – Final Payment

9.13 – Warranty

Section 10 – Insurance Requirements

10.01 – Requirements (COMAR 21.07.02.01 & 21.07.02.10)

Section 11 – Inspections, Test, State Inspections

11.01 – Inspections

11.02 – Federal Participation

11.03 – No Waiver of Rights – State’s Remedies Cumulative – State’s Damages

Section 12 – Termination of Suspension of The Contract

12.01 – Termination for Default; Damages for Delay; Time Extensions (COMAR 21.07.02.07)

12.02 – Suspension of Work (COMAR 21.07.02.04)

12.03 – State’s Right to Terminate for Convenience

Section 13 – Contract Disputes and Claims

13.01 – General

13.02 – Notice to State of Labor Disputes

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SECTION 1 – GENERAL PROVISIONS

1.01 – DEFINITIONS

A. The words and terms listed below and used throughout this document have the meanings indicated.

1. Allowance – A set aside dollar amount, as determined by the State, in the contract for the acquisition of contract requirements.

2. Approved Equal – Those materials, supplies or services, or compatible items of construction whose quality, design or performance characteristics are functionally equal or superior to an item specified and which meet all salient characteristics and other requirements of the contract as determined by the Department.

3. Architect – The person commissioned to design the project and/or provide construction-phase architectural or engineering services. If the design was performed by an Engineer rather than an

Architect, “Architect” shall refer to the Engineer of record. If the design was performed by the

State, “Architect” shall refer to the State. The Procurement Officer may exercise any power or authority of the Architect under the contract.

4. Breach – An infraction or violation of the contract – Synonymous with “default.”

5. Change Order – A written order or directive signed by the Procurement Officer, directing the

Contractor to make changes, which the Changes clause of the contract authorizes the Procurement

Officer to issue with or without the consent of the Contractor. An order of the Procurement

Officer, by virtue of being called a “change order,” does not necessarily constitute and shall not be construed to be a change in the scope of the contract or the work required under the contract or entitle the Contractor to additional compensation for performing the work which is the subject of the order/directive.

6. Claim – “Claim” means a complaint by a contractor or by a procurement agency relating to a contract subject to COMAR Section 21.10.04 – Contract Claims and Disputes

7. COMAR – Code of Maryland Regulations

8. Conformed Set of Drawings – Conformed drawings are completed Project Drawings issued for construction which have been conformed to incorporate clarifications and/or changes stemming from Addenda and/or requests for clarifications during the estimating and/or bidding process.

9. Contract – The written agreement executed between the State and the Contractor, by which the

Contractor is bound to perform the work and furnish the labor, services, equipment, and materials; and by which the State is obliged to compensate the Contractor at the mutually established and accepted rate or price.

10. Contract Documents – The contract documents include the agreement, the solicitation documents, the construction bid form, contract forms and bonds, Instructions to Bidders, the executed Bid/Proposal Affidavit and Contract Affidavit, the General Conditions for Construction

Contracts, specifications, addenda, supplemental conditions and specifications, all special conditions and provisions, all technical provisions, all plans, the notice to proceed, any written change orders and directives, supplemental agreements that are required to complete the construction of the work in an acceptable manner, including authorized extensions thereof, all approved shop drawings (subject to Section 5.05, subsections F, I and J and all other provisions of the contract) which are in accordance with the requirements of the other documents, and all other documents as provided in the contract. These documents, which comprise the contract, are sometimes referred to collectively as the “contract documents.”

11. Contractor – Any person or organization having a direct contractual relationship with the State for the execution of the work.

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12. Contract Completion Date – The date upon which the Work of the Contract is required to be completed. The Contract Completion Date is calculated by adding the Contract Time to the Start

Date.

13. Contract Time – The number of calendar days, including weekends and holidays, within which the Contractor shall complete the Work of the Contract. The Contract Time shall commence upon the established Start Date.

14. Critical Path Method (CPM) – A scheduling/management tool recognizing a network of work elements or activities and a critical path for completion of a construction project.

15. Day – Means calendar day unless otherwise designated.

16. DGS or The Department – Refers to the Maryland Department of General Services.

17. Dispute – A disagreement arising under or as a result of a breach of the Contract which, if not disposed of by mutual agreement, shall be resolved in accordance with the provisions of COMAR

Section 21.07.02.05-1.

18. Including – Means “including but not limited to.”

19. Inspector – A representative of the Department assigned to review on-site construction activities for the State in accordance with Section 11. Also known as the Construction Manager.

20. Jargon – Work described in words that have a well-known technical or trade meaning shall be held to refer to such recognized standard use.

21. Liquidated Damages – An amount contractually stipulated as a reasonable estimation of actual damages to be recovered by the State in the event the Contractor breaches the Contract. For each day that any work shall remain uncompleted beyond the time(s) specified elsewhere in the

Contract, the Contractor shall be liable for liquidated damages in the dollar amount(s) provided for in the solicitation – COMAR Section 21.07.02.08.

22. Materials – Means all equipment, parts, products, methods of construction or of performing the work which may be the subject of patent, copyright or other right or restriction governing its use;

and processed and unprocessed natural substances required for completion of the Contract.

23. Notice to Proceed – A written notice to the Contractor of the start date on which the Contractor shall begin the prosecution of the work and the completion date by which the work shall be completed.

24. Payment Bond – The security in the form approved by the Department and executed by the

Contractor and the Surety, and paid for by the Contractor, as a guarantee that the Contractor will pay in full all bills/invoices and accounts for materials and labor used in the construction of the work, subject to COMAR Section 21.07.02.10. Performance and Payment Bonds.

25. Performance Bond – The security in the form approved by the Department and executed by the

Contractor and the Surety, and paid for by the Contractor, guaranteeing for the benefit of the State complete performance of the Contract in accordance with its terms and conditions and COMAR

Section 21.07.01.10. Performance and Payment Bonds.

26. Plans – The official design drawings issued or accepted by the State as part of the Contract

Documents, including those incorporated into the Contract Documents by reference.

27. Procurement Officer – (A) Any person authorized by the Department in accordance with law or regulations to formulate, enter into, or administer contracts or make written determinations and findings with respect to the Contract; (B) an authorized representative acting within the limits of representative’s authority; (C) the Secretary or Deputy Secretary of the Department.

28. Project Manager – The individual designated by the Department to manage the project on behalf of the State.

29. Repair – To restore after damage, deterioration, or wear; to mend; to renovate by such means as appropriate and to supply such materials and labor as necessary to render the item to be repaired

P a g e 8 | 63 as sound, solid, true, plumb, square, even, smooth, and fully functional; or to bring into conformity with contract requirements. Upon completion of such repair, it must be, unless otherwise stated, rendered to such condition as to present a first-class finished work/product; or in instances where the repaired item serves as a base for additional finish, the repaired work must be such as to permit a first-class finish, to be applied without extra cost to the State. When the word

“repair” is used in connection with machinery or mechanical equipment, it shall mean, in addition to the above, rendering the equipment completely functional, efficient, and ready for the normal operation/use it was intended.

30. Safety Officer – A designated person or entity identified by the Contractor as a competent person that is capable of identifying existing and predictable hazards in the surroundings or work conditions which are unsanitary, hazardous, or dangerous to employees, and who has authorization to take prompt corrective measures to eliminate them.

31. Secretary – The Secretary or Deputy Secretary of the Maryland Department of General Services, or designee.

32. SF&P – The State Finance and Procurement Article of the Annotated Code of Maryland.

33. Shop Drawings – A shop drawing is a drawing or set of drawings produced by the Contractor, supplier, manufacturer, Subcontractor, or fabricator. Shop drawings are typically required for prefabricated components.

34. Solicitation Documents – The State’s Invitation for Bid or Request for Proposals and any amendment(s) thereto.

35. State – The Maryland Department of General Services

36. Start Date – The date provided in the Notice to Proceed upon which the Work is authorized to commence.

37. Subcontractor – Except as is otherwise provided herein, “Subcontractor” means an entity having a direct contract with the Contractor or Subcontractor to furnish part of the Work. It includes one who furnishes material work to a design according to the Contract Documents for the Work.

38. Submittals – Submissions for construction projects that include but are not limited to shop drawings, material data, product samples and product data. Submittals are required for the benefit of the project and are reviewed and verified by the Architect and/or Engineer of record to verify that the correct products will be installed on the project.

39. Supervisory Personnel – The individual(s) designated by the Contractor to direct or oversee the

Work.

40. Surety – The corporate body bound as required by law for the full and complete performance of the Contract by the Contractor or for the payment by the Contractor to Subcontractors and suppliers – COMAR Section 21.07.01.10. Performance and Payment Bonds.

41. Unit Prices – The cost per unit of measure specified for materials and labor. An extended Unit

Price is the Unit Price multiplied by an estimated quantity specified in the Contract Documents.

This cost, or extended Unit Price, shall be included in the Total Bid amount. Actual usage of Unit

Price items will be verified by the State or the State’s representative. Adjustment to the contract sum based on actual verified usage over the Total Bid amount will be made by Change Order. A

Unit Price, included in the Total Bid amount, shall be the sum total price per unit for such items to include without limitation all work, labor, materials, bailing, shoring, removal, overhead, profit, insurance, etc.

42. Work – The provision of all labor, materials, equipment, services, utilities and other incidentals and the manufacture and fabrication of materials or equipment necessary for the successful completion of the project and the carrying out of all duties and obligations of the Contract.

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43. Written Notice – A notice or communication in writing. Written notice shall be deemed to have been duly served on the Contractor if delivered in person to the individual or to the member of the firm or to an office of the corporation to whom it is directed, or if delivered or sent by regular or certified mail to the last business known to the State or by electronic transmission. Written notice shall be deemed to have been given to the Department upon actual receipt of written notice.

1.02 – CONTRACT DOCUMENTS

A. It is the intent of the contract documents to show all the work necessary to complete the project. The contract documents are also complementary; that which is called for by any of the one noted below shall be binding as if called for by all:

1. The intent of the contract documents is to include in the scope of the contract at no additional cost to the State, all work required for completion of the project ready for continual efficient operation including any work reasonably inferable.

2. Clarification: Prior to bidding, the Contractor should obtain clarification to all questions which may have arisen as to the intent of the contract documents, or any actual conflict between two or more items in the contract documents. Should the Contractor have failed to obtain such clarification, then the Department may direct that the work proceeds by any method indicated, specified, or required, in the judgement of the Department, by the contract documents. Such direction by the Department shall not constitute the basis for a claim for extra costs by the

Contractor. The Contractor acknowledges that the Contractor had opportunity to request clarification prior to submitting its bid to the State and that the Contractor is not entitled to claim extra costs as a result of failure to receive such clarification.

3. Precedence: In the event of a conflict between the General Conditions and any other provision of the contract documents, these General Conditions shall prevail unless such other provision expressly provides to the contrary. Nothing in the bid, proposal, or other submissions from the

Contractor shall prevail over any contract documents unless expressly agreed to by the

Procurement Officer in writing by a properly approved change order or contract modification. In case of a conflict between the specifications and the drawings, the specifications will control.

B. Drawings: The Contractor shall do no work without approved drawings and instructions. Drawings may or may not be drawn to scale and symbols may be used to indicate materials, structural and mechanical requirements. When symbols are used, those parts of the drawings are by necessity diagrammatic or schematic and it is not possible to indicate all connections, fittings, fastenings, etc. which are required for the execution of the work. Diagrammatic or schematic indications of piping, duct work and conduit and similar items in the work are subject to field adjustment in order to obtain proper grading, fitting, passage over or under or past obstructions, to avoid exposure in finished rooms and unsightly and obstructing conditions. The Contract shall make these adjustments at no increased cost to the State.

C. Ownership: All drawings remain the property of the State. They shall not be used by the Contractor on other projects, and they shall be returned to the State, if requested, upon completion of the work.

D. Dimensions: The Contractor shall carefully check all dimensions prior to the execution of the work.

Whenever inaccuracies or discrepancies are found, the Contractor shall consult with the Department prior to any construction or demolition. Should any dimensions be missing, the Department must be consulted, and it will supply them prior to the execution of the work. Dimensions for items to be fitted into constructed conditions at the job will be taken at the job and will be the responsibility of the Contractor.

Whenever a stock size manufactured item or piece of equipment is specified or is proposed by the

Contractor to be furnished, it is the responsibility of the Contractor to determine the actual space requirements for setting or entrance to the setting space. No additional cost will be allowed by reason of work requiring adjustments in order to accommodate the particular item of equipment furnished by the

Contractor.

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1.03 – CONDITIONS AFFECTING THE WORK

The Contractor shall be responsible for having taken steps reasonably necessary to ascertain the nature of and location of the work and the general and local conditions which can affect the work or the cost thereof. Any failure by the Contractor to do so will not relieve the Contractor from the responsibility for successfully performing the work without additional expense to the State. The State is not responsible for any representation or purported agreement concerning conditions or contract requirements made by any State employee or representative prior to the execution of the contract unless such understanding or representation is expressly stated in the contract.

1.04 – RELATIONSHIP OF CONTRACTOR TO PUBLIC OFFICIALS AND EMPLOYEES

A. In carrying out any of the provisions of the contract, or in exercising any power or authority granted to them by or within the scope of the contract, there shall be no liability upon the Procurement Officer or other authorized representatives of the State, it being understood that in all such matters they act solely as agents and representatives of the State.

B. The State may terminate the contract for default or hold the Contractor liable for damages for breach of the contract as provided in Subsection C, if it is found by the Procurement Officer that gratuities (in the form of entertainment, gifts, or otherwise) were offered by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the State with a view toward securing a contract or securing favorable treatment with respect to the awarding or amending of the contract, or the making of any determinations with respect to the performance of the contract.

C. In the event this contract is terminated for default or the Contractor is held liable for damages as provided in Subsection B hereof, the State shall be entitled to (1) pursue the same remedies against the Contractor as it could pursue in the event of a termination for default or a breach of the contract by the Contractor, and (2) in addition to any other damages to which it may be entitled, to exemplary damages in an amount

(as determined by the Procurement Officer) which shall be not less than three nor more than ten times the costs incurred by the Contractor in providing any such gratuities to any such officer or employee.

D. Non-hiring of officials and employees (COMAR 21.07.01.05) – No official or employee of the State of

Maryland, as defined under General Provisions Article, §5-101, Annotated Code of Maryland, whose duties as such official or employee include matters relating to or affecting the subject matter of this contract, shall during the pendency and term of this contact and while serving as an official or employee of the State become or be an employee of the Contractor or any entity that is a Subcontractor on this contract.

1.05 – COMMERCIAL NON-DISCRIMINATION POLICY

A. As a condition of entering into this Agreement, Contractor represents and warrants that it will comply with the State’s Commercial Non-discrimination Policy, as described under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland. As part of such compliance, Contractor may not discriminate based on race, color, religion, ancestry or national origin, sex, age, marital status, sexual orientation, or based on disability or other unlawful forms of discrimination in the solicitation, selection, hiring, or commercial treatment of Subcontractors, vendors, suppliers, or commercial customers, nor shall Contractor retaliate against any person for reporting instances of such discrimination.

Contractor shall provide equal opportunity for Subcontractors, vendors, and suppliers to participate in all its public sector and private sector subcontracting and supply opportunities, provided that this clause does not prohibit or limit lawful efforts to remedy the effects of marketplace discrimination that have occurred or are occurring in the marketplace. Contractor understands that a material violation of this clause shall be considered a material breach of this Agreement and may result in termination of this Agreement, P a g e 11 | 63 disqualification of Contractor from participating in State contracts, or other sanctions. This clause is not enforceable by or for the benefit of, and creates no obligation to, any third party.

Note: Paragraph 1.05 must be incorporated into every subcontract entered into under this contract.

B. As a condition of entering into this Agreement, upon the Maryland Human Relations Commission’s request, and only after the filing of a complaint against Contractor under Title 19 of the State Finance and

Procurement Article, as amended from time to time, Contractor agrees to provide within 60 days after the request a complete list of the names of all Subcontractors, vendors, and suppliers that Contractor has used in the past 4 years on any of its contracts that were undertaken within the State of Maryland, including the total dollar amount paid by Contractor on each subcontract or supply contract. Contractor further agrees to cooperate in any investigation conducted by the State pursuant to the State’s Commercial

Nondiscrimination Policy as set forth under Title 19 of the State Finance and Procurement Article of the

Annotated Code of Maryland, and to provide any documents relevant to any investigation that is requested by the State. Contractor understands that violation of this clause is a material breach of this

Agreement and may result in contract termination, disqualification by the State from participating in State contracts, and other sanctions.

1.06 – CONFLICT OF INTEREST

The contract is subject to the provisions of Section 13-212 of SF&P and COMAR 21.05.08.08. Conflict of

Interest.

1.07 – LAWS TO BE OBSERVED

A. The Contractor shall keep fully informed of all Federal, State, and local laws, ordinances, rules and regulations and all orders and decrees of bodies or tribunals having any jurisdiction or authority, which in any manner affect those engaged or employed on the work, or which in any way affect the conduct of the work. The Contractor shall always observe and comply with all such laws, rules, ordinances, regulations, orders, and decrees; the Contractor shall protect and indemnify the State and its representatives against any such claim or liability arising from or based on the violation of any law, ordinance, regulation, order, or decree, whether by the Contractor or its employees, Subcontractors, or suppliers at any tier. Whenever the contract documents require the Contractor to comply with provisions of Federal, State, or local laws, regulations, ordinances or codes, Contractor must comply whether such laws, regulations, ordinances, or codes are expressly incorporated into the contract or not.

B. The Contractor must comply with the provisions of the Workers’ Compensation Act and Federal, State, and local laws relating to hours of labor.

C. The provisions of this contract shall be governed by the laws of the State of Maryland.

D. If the Contractor observes that the contract documents are at variance with any applicable law, ordinance, or regulation, it shall promptly notify the Procurement Officer and the Architect, and, except as provided in subsection E, any necessary changes shall be adjusted as provided in the contract for changes in the work. If the Contractor performs any work knowing it to be contrary to such laws, ordinances, rules, and regulations, and without such notice, it shall bear all costs arising therefrom.

E. The State is not responsible for the actions, orders, or interpretations of Federal, county, municipal, or other local officials or representatives respecting the application to the work of Federal, State, or local laws, ordinances, regulations, or codes. Contractor shall not be entitled to additional compensation for unanticipated costs of complying with any such actions, orders, or interpretations.

F. Compliance with Laws (COMAR 21.07.01.22) - the Contractor hereby represents and warrants that:

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1. It is qualified to do business in the State of Maryland and that it will take such action as, from time-to-time hereafter, may be necessary to remain so qualified.

2. It is not in arrears with respect to the payment of any monies due and owing the State of

Maryland, or any department or unit thereof, including but not limited to the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of this Contract.

3. It shall comply with all federal, State, and local laws, regulations, and ordinances applicable to its activities and obligations under this Contract; and

4. It shall obtain, at its expense, all licenses, permits, insurance, and governmental approvals, if any, necessary to the performance of its obligations under this Contract.

1.08 – PRE-EXISTING REGULATIONS (COMAR 21.07.01.17)

In accordance with the provisions of Section 11-206 of the State Finance and Procurement Article, Annotated

Code of Maryland, the regulations set forth in Title 21 of the Code of Maryland Regulations (COMAR Title

21) in effect on the date of execution of this Contract are applicable to this Contract.

1.09 – ASSIGNMENT OF ANTITRUST CLAIMS

The Contractor sells, transfers and assigns to the State of Maryland all rights, title and interest of, in and to any causes of action arising at any time before the date of this assignment or during the performance of this contract under the antitrust laws of the United States, including Section 1 of the Sherman Act, and the antitrust laws of Maryland relating to the purchase by Contractor or the State of Maryland of any products from any supplier or source whatever that is incorporated in the structure built under the terms of this contract. The Contractor hereby certifies that the above causes of action are lawfully owned and that no previous assignment of same has been made nor has the same heretofore been attached or pledged in any manner whatsoever.

1.10 – SOLICITATION WARRANTY – CONTINGENT FEE PROHIBITION (COMAR 21.07.01.09)

The Contractor, Architect, or Engineer (as applicable) warrants that it has not employed or retained any person, partnership, corporation, or other entity, other than a bona fide employee or agent working for the

Contractor, Architect, or Engineer, to solicit or secure this agreement, and that it has not paid or agreed to pay any person, partnership, corporation, or other entity, other than a bona fide employee or agent, any fee or any other consideration contingent on the making of this agreement. Contractor must comply with the provisions of 13-223 of SF&P.

1.11 – NOVATION, CHANGE OF NAME

The provisions of COMAR 21.05.02.24 respecting assignment, novation and change of name are incorporated into and made a part of the contract.

1.12 – PERMITS AND LICENSES

A. When required by law or the contract, the State or its authorized representative will file with the appropriate local authority, drawings and specifications and any pertinent data reasonably proper for their

P a g e 13 | 63 information. The Contractor will be required to pay all necessary fees to local authorities for inspection or for the privilege or right to execute the work as called for in the contract documents and shall include the cost of said fees in its base bid. The State shall not be responsible for the actions or interpretations of county, municipal, or other local agencies or officials respecting the application of Federal, State, or local laws, rules, ordinances, regulations, codes, or policies to the work.

B. The Contractor must be licensed as required by Title 17, Subtitle 6 or Title 8 of the Business Regulation

Article, Annotated Code of Maryland, and must be qualified by submission and approval of a

Qualification Questionnaire (DGS Form 340-8- CQ3) to the Department.

1.13 – NOTICE TO PROCEED

A. After the contract has been executed, the Department will issue to the Contractor a “Notice to Proceed” and this notice will stipulate the start date on which the Contractor is expected to begin work. The specified contract time shall begin on the start date stated in the “Notice to Proceed.” Except as provided in Section 8.01.B.2, any work started, or materials ordered before the start date stated in the “Notice to

Proceed” shall be at the risk of the Contractor. The Contractor is prohibited from doing any work on the site without the insurance required by this contract, except:

1. As provided in paragraph 2 below, if the Department fails to issue a Notice to Proceed within 90 days following execution of the contract by the Department, or by such date later than 90 days as may be contemplated by the solicitation documents, the Contractor will have as its sole remedy the option of: (a) declaring the contract void without any liability or obligation on the part of the

State except that if the Department fails to issue a Notice to Proceed for reasons unrelated to submission,…