VAN DUSEN ROAD - PHASE 1 ROAD IMPROVEMENT

PROJECT - LA 25-009

TABLE OF CONTENTS

Bidders Checklist 4 Information for Bidder’s 5 - 14 Insurance Coverage Requirements 15 Insurance Agent’s Statement 16 Bid Bond 17 - 18 Letter of Credit in Lieu of Bid Bond 19 Performance Bond 20 - 22 Payment Bond 23 - 25 Itemized Proposal 26 - 32 Bidders Questionnaire 33 - 34 Non-Collusive Bidding Certificate 35 Corporate Authority Resolution 36 - 37 Affidavits 38 - 42 Annotated Code of Maryland 43 Contract Agreement 44 - 61 Contractors Labor and Material Affidavit 62 Certificate of Guarantee 63 General Conditions 64 - 74 Contract Specifications 75 - 461 Contract Standard Details 462 - 514

BIDDER'S

CHECK LIST

The City of Laurel's bidding procedures require that certain pages of this document be completed, and that the entire bid package be submitted intact. Failure to complete these items could cause your bid to be rejected. In your effort to complete a bid, the items listed below must be completed and submitted with your bid.

PAGE

NUMBER(S)

DESCRIPTION CHECK

HERE

16 INSURANCE AGENT'S STATEMENT

17-18 BID BOND

19 LETTER OF CREDIT IN LIEU OF BID BOND

26-32 ITEMIZED PROPOSAL

33-34 BIDDER'S QUESTIONNAIRE

35 NON-COLLUSIVE BIDDING CERTIFICATE

36-37 CORPORATE AUTHORITY RESOLUTION

38-42 AFFIDAVITS

43 ANNOTATED CODE OF MARYLAND

NAME OF FIRM BIDDING:

SIGNED BY:

(Signature of Person Submitting Bid)

INFORMATION FOR BIDDERS

1. Form of Bid.

All bids must be made only upon the blank form provided titled Itemized Proposals for

“CONTRACT NUMBER LA 26-003 VAN DUSEN ROAD - PHASE 1 ROAD

IMPROVEMENT PROJECT” . THAT FORM SHALL NOT BE DETACHED HERE FROM.

All blank spaces must be filled in, in ink, and must give the price for each item and the aggregate amount for the work both in words and in figures and must be signed and acknowledged by the Bidder.

In the event of discrepancies that occur between the prices quoted in the proposal in words and those quoted in figures, the words shall control. The prices are to include the furnishing of all materials, plant, equipment, tools and all other facilities, and the performance of all labor and services necessary or proper for the completion of the work, except such as may be otherwise expressly provided in the Contract Documents (as that term is defined in the Contract Agreement herein).

Wherever the words "City", "Owner", "Inspector", "Engineer/Architect" or "Superintendent", appear in these documents, they shall mean the City of Laurel (formally known as "The Mayor and City Council of Laurel") or its authorized agents.

2. Omissions and Discrepancies.

Should a Bidder find discrepancies in, or omissions from, the Drawings and/or other Contract Documents, or should the Bidder be in doubt as to their meaning, the Bidder should at once notify the Engineer/Architect, who may send a written instruction to all Bidders.

No oral interpretation shall be made to any Bidder as to the meaning of any of the Contract Documents. Every request for interpretations shall be in writing to the Engineer/Architect.

3. Certified Check/Bid Bond/Letter of Credit.

All bids shall be accompanied by a certified check or bank cashier check equal to five percent (5%) of the amount of bid, as liquidated damages, made payable to "The Mayor and City Council of Laurel", or a bid bond for this full amount, without reduction. The bonding company shall have a rating of "A-" or better and a financial size of "Class VII" or better in the latest edition of Best's Insurance Reports, and shall be authorized to do business in the State of Maryland. Bid bonds shall only be acceptable in the form attached hereto without modification except for the information to be inserted relating to this particular project. An irrevocable letter of credit from any bank acceptable to the City may be accepted in lieu of the certified or cashier check, or bid bond specified above. Any such letter of credit shall be in the form attached hereto without modification except for the information required to be inserted relating to this particular project.

No certified or cashier check, as specified above, nor any letter of credit in lieu thereof will be accepted from any bank which is not insured by the Federal Deposit Insurance Corporation.

(Continued)

Any such check, bond or letter of credit shall comply with all provisions hereof and shall be subject to the approval of the City, and any such check, bond or letter of credit which does not so comply shall be grounds for rejection of the bid.

The checks, bid bonds and letters of credit of all except the bidder to whom the bid is awarded will be returned/released within 30 days after the opening of bids. The check, bond or letter of credit will be returned/released to bidder to whom the bid is awarded when the Contract is fully executed by the parties thereto. In the event that the bids are rejected or the project does not proceed for any reason, the check, bond or letter of credit will be returned/released to the successful bidder within 30 days therefrom.

4. Rejection of Bids.

The City reserves the right to reject any or all bids. Without limiting the generality of the foregoing, any bid which is incomplete, obscure, irregular or qualified may be rejected; any bid having erasures or corrections in any proposal, or any bid in which the unit prices are omitted or obviously unbalanced, may be rejected; any bid accompanied by an irregular or insufficient check/bond/letter of credit may be rejected; any bid submitted by a bidder who fails to satisfy the City that said bidder is properly qualified to carry out the obligations of the Contract, or to complete the work contemplated therein, may be rejected. The City reserves the right, at its sole discretion, to waive any irregularities in any bid.

5. Award of Bid.

Except where the City exercises the right reserved herein to reject any or all bids, and contingent upon the availability of funds, the Contract will be awarded to the bidder who has submitted the lowest or best bid, quality of goods, materials and work, time of delivery or completion, and responsibility of bidders being considered. The low bidder will be determined by utilizing the base bid, or the base bid in combination with the alternate, whichever is determined by the City to be in its best interest.

Minority-owned business (as defined by Federal and State Minority-owned Business program qualifications) or a Laurel-area business (Laurel post office premise address) shall be granted a preference even if not the low bidder, and chosen so long as their bid is within three percent (3%) of the low bid and the contractor meets all other contract requirements.

6. Notice of Acceptance of Bid.

The acceptance of the bids will be made by a notice in writing signed by the City and shall bind the successful bidder to execute the Contract. The City, however, reserves the right to postpone the date for presentation and opening bids and will give notice of any such postponement to each prospective bidder by such means as the City deems reasonable under the circumstances.

8.1 General Insurance Requirements

8.1.1 The Contractor shall not commence Work until the Contractor has obtained at the Contractor's own expense all of the insurance as required hereunder and such insurance has been approved by the City; nor shall the Contractor allow any Subcontractor to commence work on any subcontract until all insurance required of the Subcontractor has been so obtained and approved by the Contractor. Approval of insurance required of the Contractor will be granted only after submission to the City of original certificates of insurance signed by authorized representatives of the insurers, policy endorsements as specified or, at the City's request, certified copies of the required insurance policies

8.1.2 Insurance as required hereunder shall be in force throughout the term of the Contract and for two years after final acceptance of the work by the City in accordance with 8.2.1.1 iv.

Certificates, endorsements, and certified copies of insurance policies, evidencing that the required insurance is in effect, as required in 8.1.1 shall be maintained with the City throughout the term of the Contract and for two years after final acceptance.

8.1.3 The Contractor shall require all Subcontractors to maintain during the term of the Contract commercial general liability insurance, business auto liability insurance, and workers compensation and employers liability insurance to the same extent required of the Contractor in

8.2.1 unless any such requirement is expressly waived or amended by the City in writing. The Contractor shall furnish Subcontractors' certificates of insurance to the City immediately upon request.

8.1.4 All insurance policies required hereunder shall be endorsed to provide that the policy is not subject to cancellation, non-renewal or material reduction in coverage until forty-five (45) days prior written notice has been given to the City. A copy of the endorsement shall be furnished to the City.

8.1.5 No acceptance and/or approval of any insurance by the City shall be construed as relieving or excusing the Contractor or the Contractor's Surety from any liability or obligation imposed upon either or both of them by the provisions of this Contract.

8.1.6 If the Contractor does not meet the insurance requirements of this Contract, the Contractor shall forward a written request to the City for a waiver in writing of the insurance requirement(s) not met or approval in writing of alternate insurance coverage, self-insurance, or group self-insurance arrangements. If the City denies the request, the Contractor must comply with the insurance requirements as specified in this Contract.

8.1.7 All required insurance coverages must be underwritten by insurers allowed to do business in the State of Maryland and be acceptable to the City. The insurers must also have a policyholders' rating of "A-" or better, and a financial size of "Class VII" or better in the latest evaluation by A.

M. Best Company, unless City grants specific approval for an exception. The

City hereby grants specific approval for the acquisition of workers compensation and employers liability insurance from the Injured Workers Insurance Fund of Maryland.

8.1.8 Any insurance deductibles or retentions in excess of $10,000 shall be disclosed by the Contractor, and are subject to the City’s written approval. Any deductible or retention amounts elected by the Contractor or imposed by the Contractor's insurer(s) shall be the sole responsibility of the Contractor.

8.1.9 The Contractor shall provide insurance as specified in the “Insurance Coverage Requirements” form at the end of this section. THAT FORM MUST BE SIGNED BY BOTH

THE BIDDER AND THE BIDDER’S INSURANCE AGENT (S) AS PART OF THIS BID.

FAILURE TO DO SO MAY RESULT IN REJECTION OF THE BID.

8.1.10 If the City is damaged by the failure or neglect of the Contractor to purchase and maintain insurance as described and required herein, without so notifying the City, then the Contractor shall bear all reasonable costs properly attributable thereto.

8.1.11 The Contractor covenants to save, defend, keep harmless and indemnity the City, and all of its agents, officials and employees (collectively "the City") from and against any and all claims, loss, damage, injury, cost exposure, however caused, resulting from or arising out of or in any way connected with Contractor's and subcontractor's obligations under the Contract. This indemnification shall continue in full force and effect until the Contractor completes all of the work required under the Contract, except that indemnification shall continue for all claims involving products or completed operations after final acceptance of the work by the City for which the City gives notice to the Contractor after the City's final acceptance of the work, for a period of two (2) years.

8.1.12 The Contractor shall be responsible for the work performed under the Contract Documents and every part thereof, and for all materials, tools, equipment, appliances, and property of any and all description used in connection with the work. The Contractor assumes all risks for direct and indirect damage or injury to the property or persons used or employed on or in connection with the work contracted for, and of all damage or injury to any person or property wherever located, resulting from any action, omission, commission or operation under the Contract, or in connection in any way whatsoever with the contracted.

8.1.13 Insurance coverage required in these specifications shall be in force throughout the contract term. Should the Contractor fail to provide acceptable evidence of current insurance within seven (7) days of written request from the City at any time during the contract term, the City shall have the absolute right to terminate the Contract without any further obligation to the Contractor, and the Contractor shall be liable to the City for the entire additional cost of procuring performance and the cost of performing the uncompleted portion of the Contract at time of termination.

8.1.14 Nothing contained in the specifications shall be construed as creating any contractual relationship between any subcontractor and the City. The Contractor shall be as fully responsible to the City for the acts and omissions of the subcontractors and of persons employed by them as it is for acts and omissions of persons directly employed by it.

8.1.15 All precautions shall be exercised by the contractor at all times for the protection of persons, (including employees) and property, All existing structures, utilities, roads, services, trees, and shrubbery shall be protected against damage or interruption of service at all times by the Contractor and its subcontractors during the term of the contract, and the Contractor shall be held responsible for any damage to property and utility service interruption expenses occurring by reason of its operation.

8.2 Contractor's Liability Insurance

8.2.1 The Contractor shall purchase and maintain the following insurance coverages which shall be written for not less than the limits specified in the “Insurance Requirements Form” or required by law, whichever is greater.

8.2.1.1 Commercial general liability insurance or its equivalent for bodily injury, personal injury and property damage including loss of use.

This insurance shall include coverage for all of the following:

i. General aggregate limit applying on a per project basis;

ii. Liability arising from premises and operations;

iii. Liability arising from the actions of independent contractors;

iv. Liability arising from products and completed operations with such coverage to be maintained for two years after completion of the Work;

v. Contractual liability including protection for the Contractor from bodily injury and property damage claims arising out of liability assumed under this Contract; and

vi. Liability arising from the explosion, collapse, or underground (XCU) hazards

8.2.1.2 Business auto liability insurance or its equivalent including coverage for the following:

i. Liability arising out of the ownership, maintenance or use of any auto (or hired and non-owned autos only if no owned autos); and

ii. Automobile contractual liability.

8.2.1.3 Workers compensation insurance or its equivalent with statutory benefits as required by any state or Federal law, including standard "other states" coverage; employers liability insurance.

8.2.1.4 Umbrella excess liability or excess liability insurance or its equivalent including all of the following coverages as underlying insurance:

i. Commercial general liability;

ii. Business auto liability; and

iii. Employers liability.

8.2.1.5 By endorsement, the City and City’s elected and appointed officials, agents and employees shall be named as additional insureds on the Contractor's commercial general liability insurance, and umbrella excess or excess liability insurance if required, with respect to liability arising out of the Contractor's products, installation, and/or services provided under this Contract.

8.2.1.6 Insurance provided to the City and City’s elected and appointed officials, agents and employees under any Contractor's liability insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of insurance. (Any cross suits or cross liability exclusion shall be deleted from Contractor's liability insurance policies required herein.)

8.2.1.7 Insurance or self-insurance provided to the City and City’s elected and appointed officials, agents and employees as specified herein shall be primary, and any other insurance, self-insurance, coverage or indemnity available to the City and its elected and appointed officials, agents and employees shall be excess of and non-contributory with insurance as specified herein.

8.2.1.8 Contractual and other liability insurance provided under this Contract shall not contain a supervision, inspection or engineering services exclusion that would preclude the City from supervising and/or inspecting the project as to the end result. The Contractor shall assume all on-the-job responsibilities as to the control of persons directly employed by it and of the subcontractors and any persons employed by the contractor.

8.2.2 If any liability insurance purchased by the Contractor has been issued on a "claims made" basis, the Contractor must comply with the following additional conditions:

8.2.2.1 The Contractor shall agree to provide certificates of insurance evidencing the above coverages for a period of two years after final payment for the Contract. Such certificates shall evidence a retroactive date no later than the beginning of the Work under this Contract; or

8.2.2.2 -The Contractor shall purchase an extended (minimum two years) reporting period endorsement for each such "claims made" policy in force as of the date of final acceptance and evidence the purchase of this extended reporting period endorsement by means of a certificate of insurance or a copy of the endorsement itself. Such certificate or copy of the endorsement shall evidence a retroactive date no later than the beginning of the Work under this Contract.

8.3. Builders Risk Insurance (Contractor to Purchase)

8.3.1 The Contractor shall purchase and maintain builders risk insurance on a replacement cost basis with a limit equal to or exceeding the full insurable value of the Work. This insurance shall be maintained until final acceptance of the Work by the City.

8.3.2 This builders risk insurance shall include the interests of the City, Contractor, Subcontractors and Sub-subcontractors in the Work. The City and the Contractor must be specifically included as named insureds.

8.3.3 This builders risk insurance shall include coverage for the following types of property:

i. All structures to be constructed, under construction or already constructed;

ii. All materials, equipment, machinery and supplies, which are to be incorporated into the

Project;

iii. Temporary structures of any nature whatsoever; and

iv. Underground property, including but not limited to, foundations, pump stations, pumps, pipes, drains, tanks and connections.

8.3.4 This builder’s risk insurance shall be written on an all-risks policy form. Covered causes of loss or covered perils shall include but not be limited to:

i. Theft;

ii. Loss or damage that ensues or results from faulty, inadequate or defective design, specifications, construction, materials or workmanship;

iii. Collapse when caused by a covered cause of loss or peril;

iv. Explosion (including boiler explosion);

v. Testing of boilers, equipment and other property to be incorporated into the Project;

vi. Mechanical or electrical disturbances or breakdown;

vii. Artificially generated electrical current;

viii. Flood, sewer or water back-up, subterranean or ground water; and

ix. Earthquake, mudslide or earth movement of any kind.

Flood and earthquake coverages may be written with sublimits exceeding or equal to the greater of ten percent of the total Project cost or $100,000.

8.3.5 Recovery is to include the cost of architects' and engineers' fees, materials, labor, overhead and profits.

8.3.6 Coverage shall be written on an agreed value basis. Accordingly, any coinsurance or contribution clause shall be deleted.

8.3.7 Any policy requirement to request "permission to occupy" shall be deleted. In addition, this insurance shall not exclude or restrict coverage for vacant or unoccupied structures.

8.3.8 Losses shall be adjusted with and payable to the City as fiduciary for all other insureds.

8.3.9 This builders risk insurance shall include coverage for debris removal and demolition made necessary by covered loss or damage with a minimum sublimit of twenty-five percent of the amount of loss or damage.

8.3.10 This builders risk insurance shall afford coverage for materials and equipment off-site, including while in storage or while at fabrication sites, with a limit exceeding or equal to the greater of ten percent of the total Project cost or $100,000.

8.3.11 Coverage for materials and equipment in transit shall be provided with a limit exceeding or equal to the greater of ten percent of the total Project cost or $100,000.

8.3.12 The Contractor shall be responsible for payment of any deductibles applicable under this builders risk insurance or other property insurance applicable to the Work.

8.3.13 This builders risk insurance shall insure (or shall be amended to insure) against loss or damage caused by the boiler and machinery perils. Such coverage shall be written on a comprehensive basis with coverage applying to the sudden and accidental breakdown of any boiler, fired vessel, unfired pressure vessel, refrigerating and air conditioning vessel, mechanical or electrical machine or apparatus used for the generation, transmission or utilization of mechanical or electrical power. Coverage is to apply without sublimit or restriction for any type of testing, including but not limited to mechanical, aerostatic, hydrostatic and pneumatic testing.

8.3.14 The City and Contractor waive all rights against (1) each other and any of their Subcontractors, Sub-subcontractors, elected and appointed officials, officers, directors, trustees, agents, employees and consultants, and (2) the Architect, Architect's consultants, and separate contractors as described earlier in this Contract, if any, and any of their subcontractors, sub-subcontractors, agents and employees for property damage to or loss of use of the Work to the extent that such property damage or loss of use is covered by this builders risk insurance or other property insurance applicable to the Work. The policies shall provide such waivers of subrogation by endorsement or otherwise.

8.3.15 If the City is damaged by the failure or neglect of the Contractor to purchase or maintain insurance as described above, without so notifying the City, then the Contractor shall bear all reasonable costs properly attributable thereto.

8.3.16 Before an exposure to loss may occur, the Contractor shall file with the City two copies of each policy that include the insurance coverages required by this Paragraph 3. Each policy shall contain all conditions, definitions, exclusions and endorsements applicable to the coverage for this Project. Each policy shall contain a provision that the policy will not be cancelled or allowed to expire until at least sixty (60) days' prior written notice has been given to the City.

8.3.17 The Contractor, Subcontractors and Sub-subcontractors shall, at their own expense, purchase and maintain separate property insurance coverage for machinery, tools or equipment owned or rented by them, which are utilized in the performance of the Work but not incorporated into the permanent improvements. The Contractor, Subcontractors and Sub-subcontractors, hereby waive all rights against the City and its elected and appointed officials, officers, agents, employees and consultants for property damage to or loss of use of such machinery, tools or equipment to the extent that such property damage or loss of use is covered by the property or equipment floater insurance or other similar property insurance purchased and maintained by the Contractor, Subcontractors or Sub-subcontractors. The policies shall provide such waivers of subrogation by endorsement or otherwise.

8.3.18 Any and all return premiums and/or dividends for builders risk insurance or coverage directly charged to the City by the Contractor in connection with this Contract shall belong to and be payable to the City.

INSURANCE COVERAGE REQUIREMENTS

Items marked "X" are required to be provided if award is made to your firm.

Coverage Required Limits (Figures Denote Minimums)

X 1. Workers' Compensation Statutory limits of the State of Maryland

X 2. Employers Liability $200,000 accident; $100,000 disease (each employee)$500,000 policy limit

3. USH&L/Endorsement Statutory

X 4. Commercial General Liability Items Nos: 4,5,6,8 &10 require:

$1,000,000.00 combined single limit for bodily injury and property damage each occurrence with $1,000,000.00 general aggregate

X 5. Premises/Operations

X 6.Independent Contractors

X 7.Products/Completed Operations Two (2) year(s) $1,000,000 aggregate

X 8.Contractual Liability

X 9.Personal Injury Liability $1,000,000 each offense X 10.XCU Coverage

X 11.Automobile Liability $1,000,000 Bodily injury X 12.Owned, Hired & Non-owned and Property Damage each accident (Items 11 & 12) X 13.Motor Carrier Act Endorsement

X 14.Umbrella Liability $2,000,000 BI & PD, & Pers. Inj.

For bids less than $500,000 bid and $3,000,000 for bids greater than $500,000 bid.

X 15.Other Insurance Required: (specify)

The City of Laurel is to be named as additional insured on Commercial General Liability and Umbrella if applicable. This coverage is primary to all other coverage the City may possess.

NOTE: ALL "AGGREGATE" LIABILITY LIMITS SPECIFIED ABOVE SHALL APPLY

SEPARATELY TO THIS PROJECT.

INSURANCE AGENT'S STATEMENT

I HEREBY CERTIFY that I have reviewed the insurance coverage requirements with the bidder named below and that the bidder can comply with all of those insurance requirements.

Name(s) and address(es) of bonding company(ies) or bank(s) submitting letter of credit:

The policy(ies) carry the following deductibles:

Liability policies are (indicate): Occurrence [ ] Claims Made [ ]

NAME OF INSURANCE AGENT SIGNATURE

Date , 20

BIDDER'S STATEMENT

I HEREBY CERTIFY the Insurance Coverage Requirements of these specifications and agree to comply in full if awarded this contract.

NAME OF BIDDER SIGNATURE

Date , 20

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we (name & address) as Principal (hereinafter called "the Principal"), and a corporation duly organized under the laws of the State of and authorized to do business in the State of Maryland, as Surety (hereinafter called "the

Surety"), are held and firmly bound unto The Mayor and City Council of Laurel, a Maryland municipal corporation and political subdivision of the State of Maryland, as Obligee (hereinafter called "the Obligee"), in the amount of five percent (5%) of the total bid by the Principal for the project described herein, for the payment of which sum well and truly to be made, the said

Principal and the said 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 Obligor's City of Laurel

Department of Public Works “CONTRACT NUMBER LA 26-003 VAN DUSEN ROAD -

PHASE 1 ROAD IMPROVEMENT PROJECT” , City of Laurel, Maryland.

BID BOND

NOW, THEREFORE, if the Obligee shall accept the bid of the Principal, and the Principal shall enter into a Contract with the Obligee, in accordance with the terms of such bid, and further, if the Principal shall give such bond or bonds (or other security approved by and acceptable to the

Obligee) as may be specified in the bidding or contract documents, with good and sufficient surety for the faithful performance of such contract, and for the prompt payment of labor and material furnished in the prosecution thereof, and shall otherwise comply with all other bid requirements of the Obligee, then this obligation shall be null and void, otherwise to remain in full force and effect, and upon the failure of the Principal to fully comply with all such bid requirements, the

Surety shall promptly pay to the Obligee the full amount of the penalty set forth herein without reduction.

Signed and sealed this day of , 20 .

ATTEST:

(SEAL)

(Principal)

(Title)

(Surety)

NAME/ADDRESS OF BANK

DATE

Mayor And City Council of Laurel, Maryland 20707

Re: Irrevocable Letter of Credit No .

To Whom it May Concern:

We hereby authorize you to draw on , (name and address of bank) for the account of , in a sum not to exceed

United States Dollars (US $ ) by your sight draft(s) without any documents required.

The draft shall cover the cost of the Bid Bond required in connection with the bid for City of Laurel Contract No. LA 26-003, for the project described as VAN DUSEN ROAD - PHASE 1

ROAD IMPROVEMENT PROJECT.

The draft(s) must be drawn and negotiated on or before

It is a condition of this Letter of Credit that it shall be deemed automatically extended without amendment for one (1) year from the present or any future expiration date unless at least sixty (60) days prior to such expiration date you are notified by registered or certified letter that we elect not to consider this letter of credit renewed for any such additional period.

Each draft drawn under the Letter of Credit must state "Drawn under

, Letter of Credit No. , (name and address of bank) dated , 20 , from the account of .

We hereby agree with bona fide holders of drafts drawn under and in compliance with the terms of this Letter of Credit that such drafts will be duly honored upon presentation.

Authorized Signature Authorized Signature

UNLESS OTHERWISE STATED THIS CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS

AND PRACTICE FOR DOCUMENTARY CREDITS (1983 REVISION), INTERNATIONAL

CHAMBER OF COMMERCE PUBLICATION NO. 400.

PERFORMANCE BOND

a corporation duly organized under the laws of the State of , and authorized to do business in the State of Maryland, as Surety (hereinafter called "the Surety"), are held and firmly bound unto The Mayor and City Council of Laurel, a Maryland municipal corporation and political subdivision of the State of Maryland, as Obligee (hereinafter called "the

Obligee"), in the Penal Sum of Dollars

($ ) for the payment of which Penal Sum we bind ourselves, our heirs, executors, administrators, personal representatives, successors, and assigns, jointly and severally by these presents.

WHEREAS, the Principal has entered into or will enter into a contract with the Obligee, which contract is described below and is incorporated herein by reference. The contract and all

Items incorporated into the contract, together with any and all changes, extensions of time, alterations, modifications or additions to the contract, or to the work to be performed thereunder, or to the Plans, Specifications and Special Provisions, or any of them, or to any other items incorporated into the contract, shall hereinafter be referred to as the "Contract". The Contract is described as follows:

Contract No. LA 26-002

Description of Project: VAN DUSEN ROAD - PHASE 1 ROAD IMPROVEMENT PROJECT.

WHEREAS, it is one of the conditions precedent to the final award of the Contract that these presents be executed.

NOW, THEREFORE, during the original term of said Contract, during any extensions thereto that may be granted by the Obligee, and during the guarantee and warranty period, if any, required under the Contract, unless otherwise stated therein, this Performance Bond shall remain

In full force and effect unless and until the following terms and conditions are met.

1. Principal shall well and truly perform the Contract; and

2. Principal and Surety shall comply with the terms and conditions in this Performance

Bond.

Whenever Principal shall be declared by the Obligee to be in default under the Contract, the Surety may, within 15 days after notice of default from the Obligee, notify the City

Administrator of its election to either promptly proceed to remedy the default, or promptly proceed to complete the contract in accordance with and subject to its terms and conditions. In the event the Surety does not elect to exercise either of the above stated options within 15 days, time being of the essence, then the Obligee thereupon shall have the remaining contract work completed.

Surety will remain liable hereunder for all expenses of completion up to but not exceeding the penal sum stated above.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder, or the

Specifications accompanying the same, shall in any way affect its obligations on this Performance

Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work, or to the Specifications.

This Performance Bond shall be governed by and construed in accordance with the laws of the State of Maryland.

Signed and sealed this day of ,20

PAYMENT BOND

a corporation duly organized under the laws of the State of and authorized to do business in the State of Maryland, as Surety (hereinafter called "the Surety"), are held and firmly bound unto The Mayor and City Council of Laurel, a Maryland municipal corporation and political subdivision of the State of Maryland, as Obligee (hereinafter called "the

Obligee"), in the Penal Sum of Dollars

($ ) for the payment of which Penal Sum we bind ourselves, our heirs, executors, administrators, personal representatives, successors, and assigns, jointly and severally by these presents.

WHEREAS, Principal has entered into or will enter into a contact with the Obligee, which contract is described below and is incorporated herein by reference. The contract and all items incorporated into the contract, together with any and all changes, extension of time, alterations, modifications or additions to the contract or to the work to be performed thereunder or to the Plans, Specifications, and Special Provisions, or any of them, or to any other items incorporated into the contract shall hereinafter be referred to as the "Contract".

The Contract is described as follows:

Contract No: LA 26-003

Description of Project: VAN DUSEN ROAD - PHASE 1 ROAD IMPROVEMENT PROJECT, WHEREAS, it is one of the conditions precedent to the final award of the Contract that these presents be executed.

NOW, THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to all claimants, as hereinafter defined, for all labor and materials furnished, supplied and reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise, it shall remain in full force and effect, subject to the following conditions:

1. A claimant is defined to be any and all of those persons supplying labor and materials (including lessors of the equipment to the extent of the fair market value thereof) to the

Principal or its subcontractors and sub-subcontractors in the prosecution of the work provided by

Title 17 of the State Finance and Procurement Article of the Annotated Code of Maryland, as amended from time to time, or any other applicable law.

2. The above named Principal and Surety hereby jointly and severally agree with the

Obligee that every claimant, as herein defined, who has not been paid in full may, pursuant to and when in compliance with the provisions of the aforesaid Title 17 (or other applicable law), sue on this Bond for the use of such claimant, prosecute and suit to final judgment for such sum

City of Laurel, Maryland.

or sums as may be justly due claimant, and have execution thereon. The Obligee shall not be liable for the payment of any costs or expenses of any such suit.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder, or to the

Specifications accompanying the same, shall in any way affect its obligation on this Payment

Bond, and Surety does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract, or to the work, or to the Specifications.

This Payment Bond shall be governed by and construed in accordance with the laws of the State of Maryland.

Signed and sealed this day of , 20 .

ITEMIZED PROPOSAL

CITY OF LAUREL

CONTRACT NO. LA 26-003

VAN DUSEN ROAD - PHASE 1 ROAD IMPROVEMENT PROJECT

Made by:

Name of Bidder:

(Individual/Firm/Corporation, as case may be)

Residence of Bidder:

Telephone Number:

Place of Business:

Telephone Number:

NAME OF PARTNERS RESIDENCE OF PARTNERS

(If Bidder Is a FIRM, state here the name and residence of each member thereof)

ITEMIZED PROPOSAL

If Bidder is a CORPORATION, fill in the following information:

Organized under the laws of the State of

Name and Address of President:

Name and Address of Vice President:

Name and Address of Secretary:

Name and Address of Treasurer:

PROJECT LOCATIONS: VAN DUSEN ROAD - PHASE 1, Laurel, Maryland 20707

The undersigned also declares that he has carefully examined and fully understands the Information for Bidders, Contract Agreement, Specifications, Plans and the Itemized Proposal;

and he hereby proposes to furnish all the materials, adequate equipment, incidentals and sufficient labor, to progressively do all the work required to construct, finish, and complete the work within the time specified for the:

CONTRACT NUMBER: LA 26-003

and other incidental work included in this proposal, in accordance with the price given below, at his own proper cost and expense and in a first class manner and in accordance with the Plans and Specifications, Notice to Bidders, and Information to Bidders, all of which are a part of the Contract to be assumed, and in accordance with the plans, specifications, and detailed directions or instructions as may from time to time be given by the Owner or Engineer/ Architect at the following unit prices.

LA 26-003 VAN DUSEN ROAD - PHASE 1 ROAD IMPROVEMENT PROJECT

MAYOR AND CITY COUNCIL OF LAUREL, MARYLAND

VAN DUSEN ROAD FROM NORTH OF CONTEE ROAD TO CHERRY LANE

CONSTRUCTION BID QUANTITIES

CATEGORY

CODE

NUMBER

BID ITEM DESCRIPTION Unit

APPROXIMATE

QUANTITY

UNIT PRICE

DOLLARS/

CENTS

AMOUNT

DOLLARS/

CENTS

110100

CLEARING AND GRUBBING LS 1

110350

TYPE B ENGINEERS OFFICE LS 1

120500

MAINTENANCE OF TRAFFIC LS 1

120610

ARROW PANEL UD 135

120625 TEMPORARY TRAFFIC SIGNS

HIGH PERFORMANCE WIDE

ANGLE RETROREFLECTIVE

SHEETING

SF 400

120743 TYPE III BARRICADE FOR

MAINTENANCE OF TRAFFIC

EA 20

120784 TEMPORARY ORANGE

CONSTRUCTION FENCE

LF 2,500

120820 DRUMS FOR MAINTENANCE OF

TRAFFIC

EA 150

120860 PORTABLE VARIABLE MESSAGE

SIGN

UD 135

130840

CONSTRUCTION STAKEOUT LS 1

130875 MOBILIZATION AND

DEMOBILIZATION

LS 1

201032

CLASS 2 EXCAVATION CY 50

210019

SAW CUTS LF 1815

210025 REMOVAL OF EXISTING

PAVEMENT

CY 60

202065

COMMON BORROW CY 50

203030

TEST PIT EXCAVATION CY 14

374110

10 FOOT COG/COS OPENING EA 1

388066

INLET PROTECTION EA 10

390525

SILT FENCE LF 3,245

400000 - LF

3 FOOT ORNAMENTAL FENCE LF 48

504500 SUPERPAVE ASPHALT MIX

9.5MM FOR SURFACE, PG 64S-

22, LEVEL 2

TON 3,035

508012 FINE MILLING ASPHALT

PAVEMENT 1 INCH TO 2.5 INCH

DEPTH

SY 23,374

520111 4 INCH GRADED AGGREGATE

BASE COURSE

SY 369

549401 5 INCH WHITE THERMOPLASTIC

PAVEMENT MARKINGS

LF 9,728

549403 5 INCH YELLOW

THERMOPLASTIC PAVEMENT

MARKINGS

LF 11,718

549407 10 INCH YELLOW

LF 541

549425 THERMOPLASTIC PAVEMENT

MARKING LEGENDS AND

SYMBOLS

SF 268

549617

24 INCH WHITE PREFORMED

SF 976

606002 TRAFFIC BARRIER W-BEAM

BURIED-IN-BACKSLOPE END

TREATMENT (TYPE A)

EA 1

606017 TRAFFIC BARRIER W-BEAM

ONE-SIDED END TREATMENT

(TYPE C)

EA 5

606025 TRAFFIC BARRIER W-BEAM

ONE-SIDED DOWNSTREAM END

TREATMENT TYPE K

EA 4

634204 TYPE A CURB ANY HEIGHT OR

DEPTH

LF 1,229

634301

STANDARD TYPE A

COMBINATION CURB AND

GUTTER 12 INCH GUTTER PAN 8

INCH MINIMUM DEPTH

LF 400

648150

MONOLITHIC CONCRETE

MEDIAN 4 FEET 0 INCH WIDE

TYPE A-3

LF 46

655105

5 INCH CONCRETE SIDEWALK SF 2,976

655120 DETECTABLE WARNING

SURFACE FOR CURB RAMPS

SF 180

660482 TRAFFIC BARRIER W BEAM

USING 6 FOOT POST

LF 950

690122 5 FOOT GALVANIZED CHAIN

LINK FENCE

LF 10

704345 PLACING FURNISHED TOPSOIL

4 INCH DEPTH

SY 834

705405

TEMPORARY SEED SY 417

705412

TEMPORARY MULCH SY 417

705500

TURFGRASS ESTABLISHMENT SY 417

705565

REFERTILIZING SY 417

709100 TYPE A SOIL STABILIZATION

MATTING

SY 417

801004

CONCRETE FOR SIGNAL

FOUNDATION

CY 17

801005

CONCRETE FOR TRAFFIC

CONTROL DEVICES

CY 10

801104

WOOD SIGN SUPPORTS 4 INCH

X 4 INCH

LF 44

801605

SHEET ALUMINUM SIGNS SF 56

801711 REMOVE EXISTING GROUND

MOUNTED SIGN AND

SUPPORTS

SF 13

802501 NO. 6 AWG STRANDED BARE

COPPER GROUND WIRE

LF 365

805118 4 INCH SCHEDULE 80 RIGID PVC

CONDUIT-BORED

LF 100

805125 2 INCH SCHEDULE 80 RIGID PVC

CONDUIT-TRENCHED

LF 160

805135 3 INCH SCHEDULE 80 RIGID PVC

LF 75

805140 4 INCH SCHEDULE 80 RIGID PVC

LF 55

806025

LED ROADWAY LUMINAIRE EA 2

807500 EMBEDDED METERED SERVICE

PEDESTAL

810019 ELECTRICAL CABLE 3-

CONDUCTOR NO. 12AWG

COPPER TYPE T/C

LF 235

810022 ELECTRICAL CABLE 1-

CONDUCTOR NO. 8 AWG-

THHN/THWN

LF 216

811001 FURNISH AND INSTALL

ELECTRICAL HANDHOLE

EA 3

816003 HP IP-BASED VIDEO DETECTION

CAMERA & ANY LENGTH LEAD-

IN CABLE

EA 3

818004 10 BREAKAWAY PEDESTAL

POLE

EA 7

818021 STEEL POLE WITH TWIN 50

FOOT MAST ARM

818036 STEEL POLE WITH A SINGLE 50

FT MAST ARM

837001 GROUND ROD - 3/4 INCH

DIAMETER X 10 FOOT LENGTH

EA 5

860284 12 INCH LED VEHICULAR

TRAFFIC SIGNAL HEAD

EA 18

SECTION

860285 16 INCH LED COUNTDOWN

PEDESTRIAN SIGNAL HEAD

EA 10

861105 ELECTRICAL CABLE - 2

CONDUCTOR (NO. 14 AWG)

LF 1,185

861107 ELECTRICAL CABLE - 5

LF 1,085

861108 ELECTRICAL CABLE - 7

LF 650

865210 AUDIBLE / TACTILE

PEDESTRIAN PUSHBUTTON

STATION AND SIGNS

EA 10

865300 2 - WIRE APS CENTRAL

CONTROL UNIT

866104 20 FOOT LIGHTING ARM ON

SIGNAL STRUCTURE

EA 2

873005 REMOVE AND DISPOSE OF

EXISTING SIGNAL EQUIPMENT

(PER ASSIGNMENT)

EA 2

971043 CABINET EXTENSION BASE,

SIZE “S”

971047 CONTROLLER CABINET, SIZE

"S" WITH CONTROLLER AND HD

IP-BASED VIDEO DETECTION

COMMUNICATION MANAGER

INTERFACE PANEL

Total

ALTERNATE

BID ITEM BID ITEM DESCRIPTION Unit

ESTIMATED

QUANTITY

UNIT PRICE

DOLLARS/

CENTS

AMOUNT

DOLLARS/

CENTS

ALTERNATE

4” BASE ASPHALT (19 MM HOT

MIX) AND 4” STONE SUBBASE

SY 20

4” THICK STANDARD SIDEWALK

REPLACEMENT

SY 40

STANDARD CURB AND GUTTER

REPLACEMENT

LF 20

Total

BIDDER'S QUESTIONNAIRE

Name and Address of Bidder:

Bidders will furnish the following information: (list only similar type work performed)

FOR WHOM PERFORMED CONTRACT AMOUNT DATE COMPLETED

Bidders will answer the following questions:

1. Have you ever failed to complete work awarded to you? If yes, state where and why:

2. Has any officer, director or partner of your organization ever been an officer or partner of some other organization that failed to complete a contract? If yes, state name of individual, other organization, and reason:

3. Has any officer, director or partner of your organization ever failed to complete a contract handled in his own name? if yes, state name of individual and reason:

4. In what other line of business are you financially interested?

5. The work, if awarded to you, will have the personal supervision of whom?

6. Do you have, or can you obtain sufficient personnel and equipment to commence work when required by "Information for Bidders"?

7. Name the surety company from whom you intend to obtain the required performance bond and labor and material bond (or bank if you propose to use letters of credit in lieu of such bonds):

8. What Maryland units of government can you give as a reference? Include the name and telephone number of your contact with the agency.

9. In emergencies, either day or night, what telephone number(s) should be called for immediate action?

Dated this day of , 20 .

(Name of Bidder)

By:

(Title of Person Signing)

NON-COLLUSIVE BIDDING CERTIFICATE

THE APPROPRIATE SECTION OF THIS PAGE MUST BE SIGNED BY ALL BIDDERS

By submission of this bid, each bidder and each person signing on behalf of any bidder certified, and in the case of a joint bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of his knowledge and belief:

1. The prices in this bid have been arrived at independently, without collusion, consultation, communication or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other bidder, or with any competitor;

2. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder prior to opening, directly, or indirectly to any other bidder or to any competitor; and

3. No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit a bid for the purpose of restricting competition.

I hereby affirm under the penalties of perjury that the foregoing statement is true.

Affix Seal if Principal Is Corporation Legal Name of Person/Firm/Corporation

CORPORATE AUTHORITY RESOLUTION

(Complete Appropriate Resolution)

1. Authority for this Specific Bid Only

The following is a certified copy of resolution of the board of directors of the bidder authorizing the execution of this certificate by the signatory of this bid or proposal on behalf of the corporate bidder:

RESOLVED, that be authorized to sign and submit the bid or proposal on behalf of this corporation for the project on Items described herein, In the

"Notice to Bidders", and to include in such bid or proposal the Certificate as to Non-Collusion required by the City of Laurel, Maryland as the act and deed of such corporation, and for any inaccuracies or misstatement in such certificate, this corporate bidder and the aforenamed corporate official shall be liable under the penalties of perjury.

Certified to be a true and correct copy of the resolution by corporation, at a meeting of its Board of Directors held on the day of , 20 .

Secretary

SEAL of Corporation

CORPORATE AUTHORITY RESOLUTION

2. Authority for Submitting Bids - General Authority

The following is a certified copy of resolution of the board of directors of the bidder authorizing the execution of this certificate by the signor of this bid or proposal on behalf of the corporate bidder:

RESOLVED, that be authorized to sign and submit any and all bids and proposals on behalf of this corporation for any public works project or other projects of any municipality or political subdivision of the State of Maryland, specifically including all items described in the "Notice to Bidders", and to include in such bid or proposal any certificate as to

Non-collusion required by such municipality or political subdivision, as the act and deed of this corporation, and for any inaccuracies or misstatement In such certificate, this corporate bidder and the aforenamed corporate official shall be liable under the penalties of perjury.

Certified to be a true and correct copy of the resolution by corporation, at a meeting of its Board of Directors held on the day of 20 .

Secretary

SEAL of Corporation

AFFIDAVITS

Name and Address of Bidder:

The above named Bidder affirms and declares:

1. That said Bidder is of lawful age and the only one interested in this bid; and that no person, firm or corporation other than hereinabove named has any interest in this bid, or in the contract proposed to be entered into.

2. That this bid is made without any understanding, agreement, or connection with any other person, firm, or corporation making a bid for the same material, supplies, or equipment, and is in all respects fair and without collusion or fraud.

3. That said Bidder is not in arrears to the Owner upon debt or contract, and is not a defaulter, as surety or otherwise, upon any obligation to the Owner or to any municipality or other political subdivision of the State of Maryland, or to any other governmental entity.

4. That he has carefully examined the site of the work; that from his own investigations, he has satisfied himself as to the nature and location of the work, the character, quality and quantity of existing materials, and all difficulties likely to be encountered, the kind and extent of equipment and other facilities needed for the performance of the work, general and local conditions, and all other items which may, in any way affect the work or its performance.

5. On acceptance of this proposal for said work, the undersigned does or do bind the bidder named herein to enter into written contract with the Owner and to comply with all other provisions as specified in the "Information for Bidders".

6. In default of the performance of any of the conditions required in making this bid, the bidder agrees that the certified check/bid bond/or other security which is herewith deposited with the Owner shall be retained by the Owner as liquidated damages for such default or fraud, otherwise the check/bond/ or other security will be returned to the successful bidder as noted in the "Information for Bidders".

Legal Name of Person, Firm or Corporation making bid:

(Company Name)

(Name and Title of person signing)

NOTES:

1. Where the bidder is a firm, the bid must be signed in the name of the firm by a member of the firm, who must sign his own name immediately thereunder, as A & B Company, by C.A. Partner.

2. Where bidder is a corporation, the bid must be signed in the name of the corporation by some duly authorized officer or agent thereof having knowledge of the matters stated in the bid, and such officer or agent shall also subscribe his own name, as: A B Company, by D.C., President, and the seal of the corporation must be affixed.

3. The bid must be sworn to by the person signing it, in one of the following forms:

(FORM OF AFFIDAVIT WHERE BIDDER IS AN INDIVIDUAL)

STATE OF MARYLAND )

) SS:

COUNTY OF PRINCE GEORGE'S )

being duly sworn, says: I am the person described In and who executed the foregoing bid and the several matters therein stated are in all respects true and correct. I have full authority to make this bid and to submit this affidavit.

(Signature of Person Signing Bid)

Subsc…