BCCC-FR22-PE-001 WATER HEATER REPLACEMENT FINAL.pdf

INVITATION FOR BID

HOT WATER HEATERS REPLACEMENT

AT

Physical Education Center 2901 Liberty Heights Avenue

Baltimore, MD 21215

FOR

BCCC PROJECT NO: BCCC-FR22-PE-001

DATE:

SMALL BUSINESS RESERVE DESIGNATED

NOTICE

A Prospective Bidder that has received this document from a source other than eMarylandMarketplace (eMMA) https://procurement.maryland.gov should register on eMMA.

MINORITY BUSINESS ENTERPRISES ARE ENCOURAGED TO

RESPOND TO THIS SOLICITATION

September 28, 2021

Table of Contents

Baltimore City Community College (BCCC or the “College”) is a state institution. This solicitation is governed by the Maryland Code of Regulations (COMAR) Title 21 and the Maryland Department of General Services policy and procedures governing construction contracts.

DIVISION 0 - PROCUREMENT & CONTRACTING REQUIREMENTS

Notice To Bidders - Solicitation Fact Sheet (eMaryland Marketplace Advantage attachment)

Maryland Department of General Services (DGS) Instructions to Bidders for Construction Projects (March 2007) (Appendix 1)

DGS General Conditions for Construction Contracts (July 1, 2018) (Appendix 2)

Bid Proposal Affidavit (Attachment A)

Bid Bond (Attachment B)

Prevailing Wage Rates (NOTE: BCCC is exempt from Prevailing Wage)

Addenda, if any (eMaryland Marketplace Advantage attachment)

Site Plan (Attachment C)

Contractors Questionnaire (Attachment D)

SBR Contract Affidavit (Attachment E)

DIVISION 1 – GENERAL REQUIREMENTS

DIVISION II – ATTACHMENTS & APPENDICES

DIVISION I. GENERAL REQUIREMENTS

1.1 Summary

The successful Contractor shall provide all labor, equipment, tools, materials, supplies, etc. required for the disconnecting and removal of two (2) hot water heaters and associated parts and equipment and provide and install two (2) new PVI 1250-L250A-TP-1 domestic hot water heaters or approved equivalents at Physical Education Building located at 2901 Liberty Heights Avenue, Baltimore, MD 21215. The work is to include replacement of all necessary components and running new propane lines as needed to create a new functioning system. This is to be a turnkey project. Note: Any substitution on the make and model of the hot water heaters must be pre-approved prior to submittal of bids.

1.2 General Scope of Work

A. This work shall be completed within sixty (60) calendar days from the date designated by the Notice to Proceed (NTP). If the work is not completed within the time specified, the contractor will be liable for liquated damages of _$250.00_ per calendar day as specified in Section 1.9.

B. All prospective bidders are encouraged to attend the both the pre-bid conference and site visit. Pre-bid conference is not mandatory, and bidders are encourage to attend with all requirements for this project. A mandatory site visit is required to verify all existing conditions, dimensions, quantities, etc. Failure to attend the attend the site visit may rendered your bid non-responsive. Bidders that attend the site visit shall be allowed to return for additional site visits if required.

C. All materials and methods of application are to be submitted for review and approval by the College prior to work beginning. Review of all submittals shall be completed, and determination forwarded to the Contractor within 10 business days of proper submittal receipt.

D. Where applicable all materials and supplies shall be installed in accordance with the manufacturer’s written instructions as specified herein.

E. The Contractor shall warrant all work for a period of 2 years from the date of Substantial Completion as established by the College. All manufacturers’ warranties shall pass through to the College. Any issues identified that are related to any work performed as part of this contract during the 2-year period will be reworked by the contractor at no additional cost to the State of Maryland.

F. All equipment installed and all work performed shall be in accordance with the standards established by:

1) Occupational Health and Safety (OSHA)

2) Current International Building Code (IBC)

3) Current Mechanical Codes

G. It is the Contractor’s responsibility to establish the proper placement of the equipment to be installed. The Contractor will ensure that the specified equipment can be installed in the available space to effect a safe, legal, code compliant, and properly functioning system.

H. All Drawings and images contained in this document are diagrammatic in nature, not necessarily to scale, and are intended to identify the work to be performed and not to convey information about specific measurements. The Contractor shall be responsible for field verifying all measurements, counts, and site conditions.

I. All equipment removed and material originating from the job that the College elects not to keep shall become the property of the Contractor and shall be removed from the facility and disposed of legally. All rigging, hoisting, lifting, and moving equipment necessary to perform the work is to be provided by the Contractor. All storage expenses for inadvertent manifestations shall be the obligation of the contractor.

1.3 Detailed Scope of Work

Contractor shall:

A. Isolate and Secure gas and electrical sources to the existing hot water heaters.

B. Disconnect piping to two (2) existing hot water heaters at nearest connection point of disconnect.

C. Remove the current PVI domestic hot water heaters and storage tank.

D. Provide necessary equipment, including crane, if necessary for placement, and labor to remove the existing heaters.

E. Provide and install two (2) new PVI 1250-L-250A-TP-1 domestic hot water heaters. The new heaters will be placed upon the existing concrete pads and connected to the existing electrical, venting, gas service and distribution piping at the closest point available.

F. Provide associated materials to hook up all gas, electrical and hydronic piping for a complete installation.

G. Connect existing storage tank to the new domestic hot water heaters with new type-

L copper pipe, fittings, and isolation valves.

H. Refill the system and test for leaks.

I. Start each heater and adjust for proper operations and fuel efficiency.

J. Provide a startup report.

K. Any and all materials, design, labor, equipment, tools, or other goods and services not mentioned in this document but necessary to affect a complete, functional, safe, code compliant, turn-key system shall be furnished by the contractor at no additional cost to the state or its agencies.

L. The contractor shall provide the facility with up to (4) hours of training on the operation and maintenance of the new equipment.

M. The contractor shall provide the facility with operation manuals, documentation, and warranty information for all equipment installed in paper and digital format.

N. At the conclusion of the work, the contractor shall attend a walkthrough with the College’s representative and Project Manager. If there are any outstanding issues with the work, a punch list will be prepared, and its items shall be completed within (30) days per DGS General Conditions.

O. Contractor is responsible for all permits and fees associated with the project.

1.4 Bidding

Base Bid, Complete removal of the existing Two (2) hot water heaters and all related equipment and piping. Supplying and installation of Two (2) PVI 1250-L250A-TP- 1 domestic hot water heaters and all related and required equipment and piping.

1.5 Material Quality

A. All materials used for the performance and completion of this work are to be new and designed for the purposes for which they are installed. Materials are to be utilized in accordance with the manufacturer’s recommendations and/or the applicable industry standards for such use. Materials are to be furnished, delivered, erected, connected, and finished in every detail and shall be selected and arranged to fit properly into the available spaces in the specified areas. Where no material qualities are specified and there are several appropriate material choices to select for a given use, the material(s) having the higher durability or suitability for the purpose shall be utilized. Any such material selection instances are to be approved by the College and Project Manager.

1.6 State of Maryland’s Green Purchasing Committee (GPC) Energy Efficiency Requirements for Boilers – 2018 IECC.

To the maximum extent practicable, and when the equipment is manufactured and available at a higher efficiency rating than the current code, the purchased products are required to be 15% more efficient in performance than the standards set by the most recent version of the IECC in effect at the time of purchase. Please refer to DGS’s green purchasing website: Building Systems and Related Equipment (maryland.gov).

1.7 Site Security

Contractor personnel upon arrival report to the Security kiosk at the Main Campus Entrance.

1.8 Site Conditions

A. The work covered by this specification is in an occupied facility.

B. The contractor shall always keep the premises clean and free from an accumulation of waste materials and rubbish. At the completion of the work, all rubbish, tools, and surplus materials shall be removed, and the work area shall be left completely clean.

C. The contractor shall leave no area unsafe or unsecure at the end of the working day.

D. It shall be the contractor’s responsibility to field verify all existing conditions and dimensions prior to bidding and ordering materials.

E. The contractor is responsible for verifying all material quantities and counts.

F. It is strongly recommended that the contractor attend the pre-bid meeting / site visit.

G. The contractor shall repair and restore to its original condition any equipment, materials, or surfaces damaged as a result of its operations during this contract.

H. The contractor shall be entirely responsible for any loss or damage to its own materials, supplies, or equipment and the personal property of its employees while they are on the job site state premises.

I. The contractor shall be solely responsible for any damage to the building or its contents and for any loss or damage to any property belonging to the owner or the owner’s employees when such damage may be attributable to the actions of the contractor its employees.

J. Since this is an occupied facility, contractor may be required to arrange for phasing replacement and possible work outside the normal business hours.

https://dgs.maryland.gov/Pages/GreenPurchasing/Resources/BuildingSystems.aspx

1.9 Contractor’s Qualifications

A. The Contractor shall possess all license(s) and Insurance required by the State of Maryland and the subdivision in which the project work is performed (if applicable).

The required license(s) shall be current. All employees utilized by the Contractor to perform work on this project shall each be licensed as necessary or covered under the Contractor’s licensing appropriately.

B. A copy of the Contractor’s current license or certificate of insurance is to be provided to the BCCC Procurement Officer and/or Project Manager if required.

The Contractor shall have a minimum of five (5) years of experience performing construction work of a similar nature.

C. The contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and the materials and techniques specified.

D. Contractor shall provide a minimum of three references on the Contractors Questionnaire (Attachment D) of similar scope of services and size. All references should have valid contact information.

1.10 Project Duration

A. The Contractor shall have all project work completed and ready for complete acceptance by the Owner within sixty (60) days of notice to proceed.

B. The contractor shall pay $250.00 in liquidated damages for every day past the due date of the project that the project is not completed. The College reserves the right to either extend the term of the contract or waive the liquidated damages due to circumstances beyond the Contractor or College’s control.

1.11 Work Hours and Point of Contact

A. Unless otherwise coordinated and approved in writing by the College’s representative, all work specified within this Contract shall be performed during normal working hours, Monday through Friday between the hours of 8:00 a.m. to 5:00 p.m.

B. Point of contacts for the College are:

Katherine Dixon – Assistant Vice President for Facilities e-mail Kdixon@bccc.edu Phone: 443.224.0023

Ants Voiter – HVAC Engineer e-mail AVoiter@bccc.edu Phone: 443.841.8154 mailto:Kdixon@bccc.edu mailto:AVoiter@bccc.edu

E. Procurement Officer:

Anna Lansaw – Director of Procurement Email: alansaw@bccc.edu Phone: 410-209-2378

1.12 General Conditions

A. Contractor acknowledges that all information, direction, procedures, etc. provided in the Department of General Services “General Conditions for Construction Contracts” (Appendix A) are part of this project specification.

B. Any damage, cutting or patching caused by the contractor or his employees or subcontractors to the facility, i.e., building, contents, or grounds, shall be the responsibility of the contractor and shall be restored to original condition.

C. Any materials originating from this project that the College elects not to keep shall be hauled from the site at the contractor’s expense and disposed of in a lawful manner. All materials and supplies and equipment are subject to the inspection and approval of the DGS Representative (Project Manager).

D. Throughout the entire project the Contractor shall schedule and coordinate all work with the College’s Project Manager, to minimize disruption to the facility operation.

E. All work shall be performed in the best and most professional manner. Contractor shall maintain the job site in a safe, neat, and orderly manner at all times.

F. Contractor shall ensure that a drug, alcohol, and tobacco-free workplace are maintained on project pursuant to the Governor’s Executive Order Mandating the same.

G. Contractor shall attend any progress meetings as requested by the College, per DGS “General Conditions for Construction Contracts”.

H. Security measures under the general direction of the College and the Maintenance supervisors shall be observed. In this regard the contractor is expected to cooperate fully with agency authorities to permit the security of the institution to be always maintained.

1.13 Warranty

A. The Contractor shall warrant, unconditionally, inclusive of all equipment, materials, and workmanship, for a period of two (2) years, commencing on the date of substantial completion, as determined by the College’s Representative that the work contains no faulty imperfect material, equipment or any careless or unprofessional workmanship.

mailto:alansaw@bccc.edu

B. That the Contractor shall correct, repair, or replace with proper work, without cost to the State of Maryland, its Agencies, Departments or Facilities, any and all work found not to be as guaranteed by this section or otherwise not in conformity with the contract; the Contractor will make good all damages caused to other work, the structure and its contents or materials in the process of complying with this project.

C. The Contractor shall correct any defects within three (3) working days, as defined by the

State, of notification of such defects.

D. The Contractor shall provide to the College, copies of all manufacturer warranties associated with the Equipment.

1.14 Payment and Compensation

A. Upon completion and acceptance of the completed 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 College requires the Contractor's address, phone number, and the address where the work was provided to be included. All invoices must be submitted to the Accounts Payable Department’s email address at:

AccountsPayableDept@bccc.edu

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

B. 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 settlement date for an electronic funds transfer payment, or the mailing date of the check for a check payment.

C. 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.

D. 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.

mailto:AccountsPayableDept@bccc.edu

1.15 Small Business Reserve (SBR) Procurement

A. This is a Small Business Reserve Procurement for which award will be limited to certified small business vendors. 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 GOSBA Small Business Reserve Program are eligible for award of a contract.

B. For the purposes of a Small Business Reserve Procurement, a small business is a for-profit business, other than a broker, that meets the following criteria:

a) It is independently owned and operated;

b) It is not a subsidiary of another business;

c) It is not dominant in its field of operation; and

1) With respect to employees, in its most recently completed three (3) fiscal years:

a) Its wholesale operations did not employ more than 50 persons;

b) Its retail operations did not employ more than 25 persons;

c) Its manufacturing operations did not employ more than 100 persons;

d) Its service operations did not employ more than 100 persons;

e) Its construction operations did not employ more than 50 persons; and

f) The architectural and engineering services of the business did not employ more than 100 persons; or

2) With respect to gross sales, in its most recently completed three (3) fiscal years:

a) The gross sales of its wholesale operations did not exceed an average of $4,000,000;

b) The gross sales of its retail operations did not exceed an average of $3,000,000;

c) The gross sales of its manufacturing operations did not exceed an average of $2,000,000;

d) The gross sales of its service operations did not exceed an average of $10,000,000;

e) The gross sales of its construction operations did not exceed an average of $7,000,000; and

f) The gross sales of its architectural and engineering operations did not exceed an average of $4,500,000.

d) Note: If a business has not existed for three (3) years, the employment and gross sales average or averages shall be the average for each year or part of a year during which the business has been in existence.

e) Further information on the certification process is available at eMaryland Marketplace Advantage.

C. Ineligible Bids. Under a small business reserve procurement, a business that is not a certified small business is ineligible for award of a contract.

D. 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 Governor’s Office of Small, Minority & Women Business Affairs as a small business. A procurement contract award under a small business reserve may not be made to a business that has not been SBR certified.

1.16 Additional Information

A. Bid due date: October 19, 2021 by 2:00 PM Local Time

B. BCCC shall hold a pre-bid/site visit meeting on October 5, 2021 at 10:00am Local Time to discuss procurement and technical requirements. Pre-bid meeting will conducted virtually at the following: Zoom Meeting https://zoom.us/j/95121882735?pwd=Q1ZJQUJmWFpGdUlLVXh1WG02WFNaZz09 Meeting ID: 951 2188 2735 Passcode: VJuxB0

C. BCCC shall hold a mandatory site visit on October 6, 2021 at 10:00 am. Contractor shall visit the project site and verify existing conditions before submitting a bid.

Failure to attend the site visit may lead to your bid to be non-responsive. Site visit signed in sheet will provide proof of attendance.

D. Contractor shall submit a cut-sheet of all products and components used in this project prior to installation.

E. Contractor shall submit a work schedule before start work

END OF DIVISION I

DIVISION II – ATTACHMENTS & APPENDICES

Attachment A Bid/ Proposal Affidavit

Attachment B Bid Bond

Attachment C Site Plan

Attachment D Contractors Questionnaire

Attachment E Small Business Reserve Contract Affidavit

Appendix 1 DGS General Conditions for Construction (January 2019)

Appendix 2 DGS Instructions to Bidders for Construction Projects (March 2007)

Attachment A – Bid/Proposal Affidavit Page A-1 effective date: October 24, 2017

Attachment A. Bid/Proposal Affidavit

A. AUTHORITY

I hereby affirm that I, ___________________________ (name of affiant) am the __________________________ (title) and duly authorized representative of __________________________________ (name of business entity) and that I possess the legal authority to make this affidavit on behalf of the business for which I am acting.

B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION

The undersigned Bidder/Offeror hereby certifies and agrees that the following information is correct: In preparing its Bid/proposal on this project, the Bidder/Offeror has considered all Bid/proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in “discrimination” as defined in § 19-103 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, sexual identity, genetic information or an individual’s refusal to submit to a genetic test or make available the results of a genetic test, 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/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal. As part of its Bid/proposal, the Bidder/Offeror herewith submits a list of all instances within the past four (4) years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the Bidder/Offeror 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/Offeror 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/Offeror hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, § 14-308(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/proposal and:

(1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority bid/proposal;

(2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the Bid/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/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

Attachment A – Bid/Proposal Affidavit Page A-2 effective date: October 24, 2017

Bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the Bid/proposal.

B-2. CERTIFICATION REGARDING VETERAN-OWNED SMALL BUSINESS

ENTERPRISES.

The undersigned Bidder/Offeror hereby certifies and agrees that it has fully complied with the State veteran-owned small business enterprise law, State Finance and Procurement Article, § 14-605, 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;

(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/proposal 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 21.11.13; 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 16-101(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):

Attachment A – Bid/Proposal Affidavit Page A-3 effective date: October 24, 2017

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. § 1961 et seq., or the Mail Fraud Act, 18 U.S.C. § 1341 et seq., for acts in connection with the submission of Bids/Proposals for a public or private contract;

(4) Been convicted of a violation of the State Minority Business Enterprise Law, § 14-308 of the State Finance and Procurement Article of the Annotated Code of Maryland;

(5) Been convicted of a violation of § 11-205.1 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/Proposals for a public or private contract;

(8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or private contract;

(9) Been convicted of a violation of one or more of the following provisions of the Internal Revenue Code:

(a) §7201, Attempt to Evade or Defeat Tax;

(b) §7203, Willful Failure to File Return, Supply Information, or Pay Tax,

(c) §7205, Fraudulent Withholding Exemption Certificate or Failure to Supply Information;

(d) §7206, Fraud and False Statements, or

(e) §7207 Fraudulent Returns, Statements, or Other Documents;

(10) Been convicted of a violation of 18 U.S.C. §286 Conspiracy to Defraud the Government with Respect to Claims, 18 U.S.C. §287, False, Fictitious, or Fraudulent Claims, or 18 U.S.C. §371, Conspiracy to Defraud the United States;

(11) Been convicted of a violation of the Tax-General Article, Title 13, Subtitle 7 or Subtitle 10, Annotated Code of Maryland;

(12) Been found to have willfully or knowingly violated State Prevailing Wage Laws as provided in the State Finance and Procurement Article, Title 17, Subtitle 2, Annotated Code of Maryland, if:

Attachment A– Bid/Proposal Affidavit Page A-4 effective date: October 24, 2017

(a) A court:

(i) Made the finding; and

(ii) Decision became final; or

(b) The finding was:

(i) Made in a contested case under the Maryland Administrative Procedure act; and

(ii) Not overturned on judicial review;

(13) Been found to have willfully or knowingly violated State Living Wage Laws as provided in the State Finance and Procurement Article, Title 18, Annotated Code of Maryland, if:

(a) A court:

(i) Made the finding; and

(ii) Decision became final; or

(b) The finding was:

(i) Made in a contested case under the Maryland Administrative Procedure act; and

(ii) Not overturned on judicial review;

(14) Been found to have willfully or knowingly violated the Labor and Employment Article, Title 3, Subtitles 3, 4, or 5, or Title 5, Annotated Code of Maryland, if:

(a) A court:

(i) Made the finding; and

(ii) Decision became final; or

(b) The finding was:

(i) Made in a contested case under the Maryland Administrative Procedure act; and

(ii) Not overturned on judicial review; or

(15) Admitted in writing or under oath, during the course of an official investigation or other proceedings, acts or omissions that would constitute grounds for conviction or liability under any law or statute described in §§ B and C and subsections D(1)—(14) 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

Attachment A – Bid/Proposal Affidavit Page A-5 effective date: October 24, 2017 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 does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections 16-101, et seq., of the State Finance and Procurement Article of the Annotated Code of Maryland; and

(2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except as follows (you must indicate the reasons why the affirmations cannot be given without qualification):

G. SUBCONTRACT 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/proposal that is being submitted; or

(2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the Bid/proposal price of the Bidder/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/proposal 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, State Department of Assessments and Taxation, and 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:

Attachment A – Bid/Proposal Affidavit Page A-6 effective date: October 24, 2017

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, §17- 705, 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, §17-702, Annotated Code of Maryland; and

(b) It is not engaging in investment activities in Iran as described in State Finance and Procurement Article, §17-702, 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, §14-413, 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. PROHIBITING DISCRIMINATORY BOYCOTTS OF ISRAEL

I FURTHER AFFIRM THAT:

In preparing its bid/proposal on this project, the Bidder/Offeror has considered all bid/proposals submitted from qualified, potential subcontractors and suppliers, and has not, in the solicitation, selection, or commercial treatment of any subcontractor, vendor, or supplier, refused to transact or terminated business activities, or taken other actions intended to limit commercial relations, with a person or entity on the basis of Israeli national origin, or residence or incorporation in Israel and its territories. The Bidder/Offeror also has not retaliated against any person or other entity for reporting such refusal, termination, or commercially limiting actions. Without limiting any other provision of the solicitation for bid/proposals for this project, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for the State to reject the bid/proposal submitted by the Bidder/Offeror on this project, and terminate any contract awarded based on the bid/proposal.

N. I FURTHER AFFIRM THAT:

Any claims of environmental attributes made relating to a product or service included in the bid or bid/proposal are consistent with the Federal Trade Commission’s Guides for the Use of Environmental Marketing Claims as provided in 16 C.F.R. §260, that apply to claims about the environmental attributes of a product, package or service in connection with the marketing, offering for sale, or sale of such item or service.

Attachment A – Bid/Proposal Affidavit Page A-7 effective date: October 24, 2017

O. 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/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.

By:

Signature of Authorized Representative and Affiant

Printed Name:

Printed Name of Authorized Representative and Affiant

Title:

Title

Date:

Date

Attachment B. Bid Bond

Bond No. __________________

We, _______________________________ as Principal, hereinafter called the Principal, and ____________________________, a corporation duly organized under the laws of the State of __________________, 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.

Individual Principal

In Presence of:

Witness

(Name) as to (SEAL)

Partnership Principal

In Presence of:

Witness

(Name) as to (SEAL) Partner as to (SEAL) Partner as to (SEAL) Partner

Corporate Principal

Attest: (Name of Corporation) AFFIX

SEAL

By:

Secretary President

Attest: (Surety)

By:

Attorney-in-fact AFFIX

SEAL

Bonding Agent’s Name

Agent’s Address:

Approved as to form and legal sufficiency this ____ day of _____ 20___

Assistant Attorney General

FACILITIES PLANNING & OPERATIONS___________

• Work Site : 2901 Liberty Heights Avenue, Baltimore, MD 21215

Work will be done in the building marked in red.

Contact Information:

Katherine Dixon – Assistant Vice President for Facilities e-mail Kdixon@bccc.edu Phone: 443.224.0023

Ants Voiter – HVAC Engineer e-mail AVoiter@bccc.edu Phone: 443.841.8154

Attachment C - Site Plan mailto:Kdixon@bccc.edu mailto:AVoiter@bccc.edu

1. Applicant’s Federal Employer Identification Number (or Social Security No. If Individual)

- - Social Security #

- Fed. Emp. I.D. #

3. Type of Organization General Contractor Design-Build Sub Contractor Maintenance

Other

5. Names of Officers of Firm

(A) President _________________________________________

(B) Vice-President _____________________________________

(C) Secretary _________________________________________

(D) Treasurer _________________________________________

7. Has your firm ever been denied a bond? Yes No

If yes, explain _________________________________________

Is your company bondable in MD.? Yes No

CONTRACTOR QUESTIONNAIRE

DEPARTMENT OF GENERAL SERVICES - OFFICE OF PROCUREMENT AND CONTRACTING

301 W. PRESTON STREET, WEST LOBBY, BALTIMORE, MD. 21201

TEL: (410) 767-4996

2. Business Name and Address to which Bid Requests Mailed

(include zip code)

Business Telephone ( ) Area Code Number

Business Fax ( ) Area Code Number

4. Construction Firm’s MD License #: - Expiration date __________________________________

Year firm established ________________________________

6. Names of Owners, Partners or Proprietors

8. Is Business Sole Proprietorship

Partnership

Corporation

State Incorporated ___________________________________

Names and Titles of Persons Authorized to Sign Bids and Contracts

9. Give value of any judgements or liens outstanding against your organization _____________________________________________

10. Has the firm or any officer of the firm been suspended or debarred by the State of Maryland or political subdivisions?

Yes No If yes, explain ____________________________________________________________________________________

DGS 340—8 (CQ-3) REV 1/97

ROOM M-7ROOM M-7

Attachment D - Contractor Questionnaire

12. Is your firm certified as a Minority Business Enterprise with the State of Maryland?

No Yes Certification No. __________________

Majority Ownership-Check Appropriate Ones

Hispanic Asians, American Indians African Americans Women Physically and Mentally Disabled

Industrial: None Some Most All Manufacturing Warehousing Roadway

Residential:

Single-Family Multi-Family

Other: ___________

New Construction

13. How much of your work is done on each of the following project types (check as appropriate)

Building Size (Sq. Ft.)

Under 50,000 50,000 - 100,000 100,001 - 250,000 250,001 +

Building Height Under 4 floors 4 - 10 floors 11 floors or more

Building Location City Suburb Rural

Commercial: None Some Most All Office space Retail space Food service Lodging

Institutional:

Health care facilities Correctional facilities Educational facilities Parks or recreational

Renovations Utilities Military

14. Give at least three references of owners or contractors for whom you have worked.

Company Contact Name Telephone No.

15. List principal contracts completed in last 3 years. (Use back of last page for additional information)

Project Your Contract $ Year Owner/GC

11. Maximum value of contract work for which you could obtain Bond $ _____________________________________

Gross billings for work done Last Year $ _______________

2 Years Ago $ _______________

3 Years Ago $ _______________

Net worth as of last audited financial statement $ _______________

Number of full-time employees ________________

Company Contact Company ContactCompany Contact EmailEmail Address Phone Number

INSTRUCTIONS FOR COMPLETING CLASSIFICATION INDEX

16.

A. Refer to the classification index below which describes various types of contracting required by the State.

B. Circle the code number that identifies the types of contracting you are interested in undertaking.

DEPARTMENT OF GENERAL SERVICES

CLASSIFICATION INDEX

CONSTRUCTION AND MAINTENANCE SERVICES

Asbestos (Asbestos Related) 1101 Asbestos Abatement 1102 Industrial Hygiene Services

Communication 1201 Sound Systems 1202 Burglar Alarm Systems 1203 Fire Alarm Systems 1204 MATV Systems

Construction 1301 General Contractors

Construction Related 1401 Air Conditioning 1402 Aluminum Siding 1403 Antennas & Lightning Rods 1404 Boiler Installation Repairs 1405 Bulkheads, Repairs & Erosion Control 1406 Burner Service-Gas, Oil 1407 Carpentry and Woodwork 1408 Carpeting 1409 Ceilings 1410 Ceramic Tile 1411 Concrete and Woodwork 1412 Demolition 1413 Electrical, General 1414 Electrical, High Voltage 1415 Elevators 1416 Excavation Work 1417 Fences 1418 Glass & Glazing Work

17. Certification

I, the undersigned, hereby certify that the above information is a true and correct statement

SIGNATURE ______________________________________________

(Date)

NAME __________________________________________________

(Typed)

TITLE __________________________________________________

1419 Insulation-Boiler and/or Piping 1420 Masonry Construction 1421 Mechanical, General 1422 Overhead Doors 1423 Painting, Paper Hanging & Decorating 1424 Parking Equipment & Controls 1425 Partitions 1426 Paving & Paving Repairs 1427 Piping, Sanitary, Storm, Water, Steam 1428 Plastering, Drywall 1429 Plumbing/Heating 1430 Refractory 1431 Refrigeration 1432 Resivoir & Dam Spillway Repairs 1433 Roofing, Sheetmetal, Gutters, Downspouts 1434 Septic Tank Systems 1435 Sidewalks & Curbing-Asphalt, Concrete 1436 Sodding 1437 Structural Steel Erection 1438 Temp. Control Installation & Service 1439 Terrazzo, Tile, Marble, Stone and Stucco 1440 Underground Prefab Piping 1441 Ventilation 1442 Wall Covering 1443 Water Condition Systems & Services 1444 Waterproofing 1445 Welding 1446 Well Service, Drilling, Pumping Systems 1447 Window Replacement

1448 Other ________________________________________________

INFORMATION

Contractual Services to the State of Maryland are governed by all applicable Federal, State and Local Laws and the Rules and Regulations of the Department of General Services, including the provisions of Title VII of the Civil Rights Acts of 1964, COMAR Title 21 and the State Finance and Procurement Article of the Maryland Code.

EMAIL _________________________________________________EMAIL _____________________________________________________

Attachment E - Small Business Reserve Contract Affidavit

STATE OF MARYLAND

Department of

General Services

General Conditions for

Construction Contracts

Department of General Services Board of Public Works

Ellington E. Churchill, Jr., Secretary Lawrence J. Hogan, Governor

301 W. Preston Street Peter Franchot, Comptroller

Baltimore, Maryland 21201 Nancy K. Kopp, Treasurer

Document Revised July 1, 2018

APPENDIX 1

State of Maryland · Department of General Services General Conditions for Construction Contracts – July 1, 2018

2 | P a g e

General Conditions for Construction Contracts

3 | P a g e

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 –…