Waldorf Final.pdf

V-WAL-20075-M

MARYLAND DEPARTMENT OF TRANSPORTATION

MARYLAND MOTOR VEHICLE ADMINISTRATION

INVITATION FOR BIDS (IFB)

KEY INFORMATION:

CONTRACT NO.: V-WAL-20075-M

CONTRACT TITLE: Landscaping Maintenance Services at MDOT MVA

Waldorf Branch

ADVERTISEMENT DATE: November 6, 2020

PRE-BID CONFERENCE: N/A

MANDATORY SITE VISIT: Anytime

QUESTIONS DUE DATE / TIME: November 20, 2020 @ 12:00 A.M.

BID DUE DATE / TIME: November 25, 2020 @ 2:00 P.M.

OBJECTIVE

1. The Maryland Department of Transportation Motor Vehicle Administration (MDOT MVA) is requesting quotations from qualified, licensed entities to provide landscaping maintenance services to the MDOT MVA Waldorf Branch located at 11 Industrial Park Dr, Waldorf, MD

20602.

2. For purposes of this solicitation, the following terms or abbreviations have the meanings indicated:

“MDOT MVA” refers to the Maryland Department of Transportation Motor Vehicle

Administration.

“Contractor” means the successful bidder.

3. Small, Veteran-owned, and Minority Business Enterprises are encouraged to respond to this

Solicitation.

MINIMUM QUALIFICATIONS

The Bidder must provide proof with its Bid that the following Minimum Qualifications have been met:

1. The Bidder shall have been actively engaged in performing landscaping services of equal or greater scope as herein specified for a continuous period of at least three (3) years. Experience of individual personnel in the Company or firm shall not count towards meeting the required three (3) years of experience for the Contractor as a firm or business. As proof of meeting this requirement, the Bidder shall provide with its Bid a list of three (3) customer references where it has provided landscaping services on a year-round basis. Contact names and phone numbers must also be provided.

2. The Bidder shall be licensed with the Maryland Department of Agriculture (MDA) in the following Pesticide Categories:

• Ornamental - Exterior (e.g., insect, disease, control on plants in the landscape, and weed control in plant beds and around ornamental plantings)

• Turf (e.g., weed, insect or disease control to lawns)

• Right-Of-Way and Weed (e.g., treatment of roadsides, utilities, railroads, non-croplands, fence lines, structural perimeters, or similar areas)

As proof in meeting this requirement, the Bidder shall submit copies of current licenses and certifications with the bid and shall remain licensed for the duration of the contract.

3. All Service Personnel applying pesticides shall be properly trained in accordance with all applicable State and Federal Laws and Regulations and registered with the MDA in the category for which they are applying pesticides. All Service Personnel applying pesticides shall carry an MDA ID at all times while on MDOT MVA Property.

4. Supervisor(s) must be knowledgeable in their area of responsibility and have no less than twelve (12) months full time experience with equivalent size and scope in the last twenty-four

(24) months, performing in the same capacity.

5. The Bidder must provide with its Bid a Certified Tree Expert license issued by Department of

Natural Resources for any person:

• Making diagnoses, prescribing, and supervising the treatment for trees;

• Trimming, pruning, thinning, cabling, shaping, removing, or reducing the crowns of trees; or

• Any person who treats, cares for, or removes trees 20 feet or taller.

SITE-VISIT

All interested Bidders are required to visit and survey the property prior to submitting a Bid. As proof in meeting this requirement, the Bidder shall sign and date in the spaces provided on the Bid Sheet certifying they have visited and surveyed the property.

SCOPE OF WORK

1. Mowing

1.1 During the mowing season (April 1 through October 31), all lawn areas shall be mowed every five to ten days as weather conditions dictate or as directed by the MDOT MVA.

1.2 Contractor shall provide all labor, equipment and materials necessary for performing mowing of turf areas.

1.3 Prior to mowing, Contractor shall ensure that the area to be mowed is clean and free of all debris (paper, stones, bottles, tree limbs, etc.). Debris removal must be completed by the

Contractor prior to beginning mowing. All debris must be disposed of properly by the

Contractor.

1.4 In general, mowing height of turf shall not exceed 2”, however, height should be based on the type of grass(es) present at the facility and according to the most current University of

Maryland standards. No more than one-third of the (grassy) leaf blades shall be removed at any one time.

1.5 Mowing equipment shall be operated at the optimum speed that produces clean cutting results.

Care shall be taken to control dust while mowing. All mowers shall be equipped with skirt guards and mulching mowers. Mowing equipment shall be the optimum size to produce clean cutting results. Uneven cuts, scalping and varying heights of turf will be considered unsatisfactory. Mowing patterns shall be alternated to avoid creating ruts and compaction. All mowing equipment should be calibrated to mow at a uniform height.

1.6 If mowing causes excessive clippings, turf shall be swept, and clippings removed at no additional charge to MDOT MVA.

1.7 Contractor will be responsible for scheduling mowing in accordance with irrigation schedules.

When all or a portion of any area is not mowable due to excessive ground moisture, standing water, etc., Contractor shall notify the CFMO of the delay in scheduling, and indicate the plan to reschedule the mowing. When large portions of any contract area are not mowable due to excessive ground moisture or standing water, the CFMO may deduct a reasonable pro-rated amount from the monthly payment to the Contractor.

2. Edging

2.1 Edging of all sidewalks around buildings, curbs, and other paved areas shall be performed once every other mowing or as necessary to maintain the trimmed area the same height as the areas.

2.2 Care shall be taken to avoid damage to tree bark. Adjoining sidewalks and pavement shall be left free of clippings and debris. Sweeping of the hardscape shall be the responsibility of the

Contractor. All debris shall be removed from the work site at the end of the workday and disposed of properly by the Contractor.

3. Trees, Shrubs & Ground Cover

3.1 PRUNING:

3.1.1 All ornamental trees, shrubs and ground cover shall be pruned when appropriate to remove dead or damaged branches, to develop the natural form of the plant and to create the effect intended by the landscape architect. Except for desired hedges, or to conform to design intent, all pruning and thinning of plants shall be done to retain their natural shapes. If previous maintenance practice has been to shear and ball, then a natural shape will be restored gradually.

3.2 PRUNING GUIDELINES:

3.2.1 All pruning of trees over 20 feet is to be supervised by a Department of Natural Resources

(DNR) Certified Tree Expert. The Tree Expert shall have working knowledge of the American

National Pruning Standards (A300) and ISA Tree Pruning Guidelines and shall adhere to the most recent edition of the American National Standard for Tree Care Operations.

3.2.2 Ornamental trees and summer flowers shrubs shall be pruned during late winter/early spring (late Feb.-April).

3.2.3 Spring flowering shrubs shall be pruned after blooming.

3.2.4 Hedges or shrubs that require shearing to maintain a formal appearance shall be pruned as required.

3.2.5 Broadleaf evergreen shrubs shall be hand-pruned to maintain their natural appearance after the new growth hardens off.

3.2.6 Conifers shall be pruned, if required, after the foliage of the new growth has changed color.

3.2.7 Ground covers shall be edged and pruned as needed to contain them within their borders.

3.2.8 Rejuvenation pruning shall be performed in early spring on appropriate plants (i.e., Liriope, Forsythia) to prevent woodiness, to improve density or to renew young growth.

3.2.9 Plants overhanging passageways and parking areas, and damaged plants, shall be pruned as needed.

3.3 MULCHING:

3.3.1 All tree and shrub beds will be prepared and mulched to a depth of 2" once in spring with 100% medium grade shredded processed hardwood mulch of uniform (brown) color. Bed preparation shall include removing all weeds and cultivation of existing mulch into the soil and edging.

3.3.2 Contractor shall spot replace mulch as needed.

3.4 WEEDING:

3.4.1 Planters, parking lot islands, granite areas, raked earth, sidewalk expansion joints, flower beds and the like will be kept free of grass and unwanted plants.

3.4.2 Weeding services shall be provided to ensure that weeds do not become established.

Weeds may be removed either by hand or with chemicals. CFMO reserves the right to inspect equipment used in weed control and to approve chemicals for use by the

Contractor.

3.4.3 Contractor shall be responsible for any adverse effects on, or death of, plant materials, including runoff and drift onto adjacent properties, caused by application of chemicals.

Plants killed or severely damaged by herbicides shall be replaced by the Contractor with the nearest nursery stock available to the size of the dead or severely damaged plant at no cost to the MDOT MVA. The treated soil area of the affected plant(s) and planting pit shall be treated with activated charcoal and other soil amendments that may be required to enhance potential survival and growth of the replacement plants.

3.5 PLANT REMOVAL:

3.5.1 Contractor shall remove and dispose of trees, shrubs and groundcover which become severely distressed or which die as a result of storm damage, vandalism, age, pests or disease. Contractor shall mark the plant with tape or paint and notify the CFMO of the location, type and size of plant to be removed. All plants being removed shall be inspected by the CFMO before removal from the site. Holes from removed trees and large shrubs shall be filled and refilled by Contractor until maintaining grade level.

Stumps shall be dug out.

3.5.2 No additional payment will be made for removal or disposal of plants with the following exception: trees larger than eight (8) inches in trunk diameter may be removed by the Contractor in accordance with the hourly charge on the Price Sheet and a duly approved cost estimate from the CFMO. Stumps shall be ground for these larger trees.

3.6 PLANT REPLACEMENT:

3.6.1 At the CFMO’s option, replacement plants may be furnished by MDOT MVA and planted by the Contractor in accordance with the hourly charge on the Price Sheet.

Labor and equipment to install the plant materials shall be the Contractor’s responsibility. Plant selection and planting methods will be in accordance with good horticultural practices and subject to approval by the CFMO.

3.7 GENERAL PLANT MAINTENANCE:

3.7.1 It is the Contractor’s responsibility to perform all horticultural techniques necessary to promote and maintain healthy growth of plants. Plants are chosen for their natural shape and growth habit. All cultural practices should encourage and enhance natural form of the plant material. Pruning should not alter this form appreciably. Plants shall be allowed to grow to their natural genetic form and size, unless specifically excepted by the CFMO.

3.7.2 Sight and vehicular or pedestrian obstructions shall be pruned immediately upon discovery, or within 24 hours of notification (one working day).

3.7.3 All cuttings will be removed from the area and disposed of properly by the end of the work shift by the Contractor.

3.7.4 In the event a plant dies or is severely damaged as a result of neglect, inadequate care, or inadequate maintenance, the Contractor shall be responsible for complete replacement at no cost to MDOT MVA. Replacement plants shall be nearest size nursery stock available to the plant being replaced.

3.8 ANNUAL PLANTING BEDS

3.8.1 Replacing of annual flowers is done in April and October. The plant selection and planting are done under the direction of the CFMO. This would include removal of existing flowers, cultivating soil and mulching beds when planting completed.

4. Trash and Debris Removal

4.1 Prior to each mowing, all trash, sticks and other unwanted debris shall be removed from lawns, plant beds, and paved areas.

4.2 The Contractor is responsible for removing and disposing from sites all waste handled and/or generated that day in performance of the contract. The MDOT MVA is not required to supply an on-site area or facility for storage or removal of Contractor waste. MDOT MVA dumpsters may not be utilized by the Contractor for disposal of trash or debris. All debris removed from the contract area shall be properly disposed of by the Contractor in compliance with Federal, State, County and City laws. The Contractor is solely responsible for any disposal fees

(dumping charges) incurred.

4.3 All trash, paper, cans, bottles, dead plant material (leaf and fruit litter, broken branches), rocks, visible pet waste, and other forms of litter shall be removed. Turf, landscaped areas, and walkways will be included in trash removal. Debris will be dislodged (by using rakes, brooms, or blowers), collected and removed. Particular attention will be paid to areas where the public congregates (near buildings, picnic tables, benches, bleachers, etc.).

5. Leaf Removal

5.1 Leaves will be removed and disposed of at the request of the CFMO. This is usually done in the fall months.

6. Off Season Clean-Up

6.1 Site shall receive a general clean-up during each of the following months: (November, December, January, February and March). Clean-Up Includes:

▪ Removing all trash and unwanted landscape debris; and

▪ Turning mulch where necessary.

7. Extra Work

7.1 The contract to be entered into by the State may require additional or extra work or services within the scope of work, but not specifically identified in the specifications. As a result, additions or changes to the specifications may be necessary.

7.2 The Project Manager or designee shall inform the Contractor, in writing whenever the MDOT

MVA identifies a need for additional or extra work or services. The Contractor shall prepare a detailed description of the additional or extra work or services and provide an estimate of the additional work.

7.3 The MDOT MVA Project Manager and Procurement Officer must pre-approve, in writing, all additional or extra work or services.

7.4 The contractor shall complete any and all additional or extra work or services within the time frame as stated in the description of the additional or extra work or services.

7.5 Payments will be contingent upon satisfactory completion of the additional or extra work or services.

7.6 All extra work under this contract must be coordinated and approved by the MDOT MVA

Project Manager and the Procurement Officer before work begins. The amount of the extra work allowance not to exceed $4,000.00, for the two (2) year contract term.

7.7 The bid hourly rates for Laborer, Supervisor, and Certified Tree Expert will remain firm for the duration of the contract. Hourly rate shall be all-inclusive.

7.8 The following items are considered extra work for purposes of this contract:

7.8.1 Soil Testing

7.8.1.1 The Contractor shall perform soil tests as directed by the CFMO or designee to identify adverse conditions causing plant decline.

7.8.1.2 The MVA Environmental Compliance Manager (ECM) shall be notified of the test results and of the recommendations. See Item L(1) below for ECM information. All applications shall be on an as needed basis, or as requested by the CFMO or designee.

7.8.1.3 Acceptable soil results shall be based on the most current University of

Maryland Standards.

7.8.2 Liming

7.8.2.1 The Contractor shall perform soil tests and obtain test results as directed by the

CFMO or designee, prior to any lime application. The MVA Environmental

Compliance Manager (ECM) shall be notified of the test results and of the recommended rate and amount. All applications shall be on an as needed basis, or as requested by the CFMO or designee.

7.8.2.2 Lime shall be applied at the rate and amount specified by the most current

University of Maryland standards.

7.8.3 Fertilizing

7.8.3.1 The contractor shall perform soil tests and obtain test results as directed by the

CFMO or designee, prior to any fertilization. The MVA Environmental

Compliance Manager (ECM) shall be notified of the test results and the recommendation(s). All applications shall be on an as needed basis, or as requested by the CFMO or designee.

7.8.3.2 Fertilizer shall be applied at the rate and amount as specified by most current

University of Maryland standards.

7.8.3.3 Fertilizer must be applied based on the type and age of grass(es) present at the facility.

7.8.4 Chemical Applications (Herbicide, Fungicide, Insecticide, Etc.)

7.8.4.1 The Contractor shall apply pesticides to control undesirable vegetation and/or control Gypsy moths. Applications shall include flower beds, sidewalks, and throughout landscaping as necessary based on visual inspection by the

Contractor and/or the CFMO or designee. All applications shall be on an as-needed basis, or as requested by the CFMO or designee.

7.8.4.2 All chemical applications must be performed in accordance with latest County, State and Federal Laws, utilizing EPA approved materials and methods of application.

7.8.4.3 The Contractor shall ensure that all insecticides, pesticides, disinfectants, fertilizer, and chemicals used comply with all applicable OSHA, State and

Federal Regulations.

7.8.4.4 After any insecticides, pesticides, disinfectants or fertilizer has been applied to a lawn or to exterior landscape plants, the contractor must post proper signage as required by MDA.

7.8.5 Thatching

7.8.6 Reseeding

7.8.7 Tree/plant removal

7.8.8 Replanting/replacing trees and shrubs

7.8.9 Pruning of larger shade trees that cannot adequately be pruned from the ground.

DURATION / TERM OF THE CONTRACT/PROJECT

The Contract that results from this solicitation shall be for a two (2) year period commencing as of the date the Contract is signed by the MDOT MVA.

COMPENSATION AND METHOD OF PAYMENT

1. Upon completion of tasks, the Contractor must notify the Contract Manager of the date, time, and services provided, via email. The Contract Manager is required to respond within two (2) business days confirming the work was completed in accordance with the Scope of Work.

2. Payment will be made by Electronic Funds Transfers within thirty (30) days following proper receipt of an approved invoice from the Contractor.

3. All invoices and/or correspondence pertaining to invoices shall be identified with Contract

Number V-WAL-20075-M and shall be forwarded to MVAAPInvoices@mdot.maryland.gov.

4. All services provided under this Contract shall be billed within thirty (30) days from date of service and in accordance with the bid prices on Schedule of Prices or the Contractor’s Bid Sheet.

5. The invoice must also include on its face, the Contractor’s Federal Tax Identification Number.

6. All invoices for services shall be signed by the Contractor and submitted to the Contract Manager.

7. All invoices shall include the following information:

• Contractor name;

• Remittance address;

• Telephone number;

• Contact Person;

• Federal taxpayer identification number (or if sole proprietorship, the individual’s social security number);

• Invoice period;

• Invoice date;

• Invoice number

• State assigned Contract number;

• State assigned (Blanket) Purchase Order number(s);

• Goods or services provided; and

• Amount due.

8. Invoices submitted without the required information cannot be processed for payment until the

Contractor provides the required information.

mailto:MVAAPInvoices@mdot.maryland.gov

9. The invoice must be supported by a job or work ticket created by the technician providing the service and this ticket MUST BE SIGNED BY AN APPROPRIATE MDOT MVA

REPRESENTATIVE. An appropriate representative will be either a member of the management team or a member of the Facility’s Maintenance personnel or their delegated alternate. The appropriate MDOT MVA personnel will also be announced at the Contract’s pre-start conference.

10. INVOICES WILL NOT BE PAID WITHOUT AN ATTACHED SIGNED COPY OF THE

JOB/WORK TICKET.

BID/PROPOSAL AFFIDAVIT

Each Bidder responding to this IFB shall include a completed Bid/Proposal Affidavit with its Bid. See

Attachment No. 2.

**The person signing the Bid/Proposal Affidavit must be an Officer of the Company, authorized to contract on behalf of the Company, or another authorized person whose proof of authority is hereby attached. (Please attach a notarized copy of said authorization to the Bid, i.e.; Corporate Resolution).

CONTRACT AFFIDAVIT

All Bidders are advised that if a Contract is awarded as a result of this solicitation, the Contractor will be required to complete a Contract Affidavit. A copy of this Affidavit is included for informational purposes as Attachment No. 3 of this IFB. This Affidavit must be provided within five (5) Business

Days of notification of proposed award.

ISSUING OFFICE and PROCUREMENT ADMINISTRATOR

Maryland Department of Transportation Motor Vehicle Administration

Division of Procurement

Kelli Gower

6601 Ritchie Hwy

Glen Burnie, Maryland 21062

Telephone No.: 410-768-7396

Fax No.: 410-768-8253

E-Mail: kgower@mdot.state.md.us

QUESTIONS DUE DATE

1. Any questions regarding this solicitation shall be in writing and emailed to the Procurement

Administrator, Kelli Gower, at kgower@mdot.state.md.us, no later than the date and time in the

Key Information provided on Page One.

2. The subject line of the email should state that the email is a Question for Contract No.

V-WAL-20075-M.

mailto:kgower@mdot.state.md.us mailto:kgower@mdot.state.md.us

3. Information or instructions pertaining to this solicitation received from any other source are not valid.

BID DUE DATE

1. All bid responses must be submitted through eMaryland Marketplace Advantage (eMMA), the State of

Maryland’s procurement website, located at https://emma.maryland.gov/. Bids will not be accepted by email, fax, U.S. Mail, or hand delivery. You must be registered and logged in to submit a bid on eMMA.

2. If you are new to eMMA, it is recommended that you download the User’s Guide available on the first page

(desktop) after logging into the system. Additional assistance is available between the hours of 8:00 a.m.

and 4:00 p.m., Monday thru Friday at the eMMA Help Desk (410) 767-1492 or at eMMA.helpdesk@maryland.gov.

3. When submitting your completed bid, the following documents must be submitted:

• All Addenda Acknowledgment Pages

• Contractor’s Bid Sheet and Summary Page (there are two spreadsheets in the Excel Workbook)

• Bid Affidavit

• References

4. Requests for extension of this time or date will not be granted. Except as provided in COMAR 21.05.02.10, Bids received after the due date and time listed in this IFB will not be considered.

5. Bids may be modified or withdrawn by written notice received by the Procurement Officer before the time and date set for the opening.

6. Bids may not be submitted by e-mail or facsimile.

7. Vendors not responding to this solicitation are requested to submit the “Notice to Vendors” form, which includes company information and the reason for not responding (e.g., too busy, cannot meet mandatory requirements, etc.).

8. Prices submitted in response to this solicitation are irrevocable for ninety (90) days following the bid due date. The Procurement Administrator may; however, request vendors to extend the time during which the MDOT MVA may accept their bids. Once a bid is accepted, all prices, terms and conditions shall remain unchanged.

REVISIONS TO THE IFB

If it becomes necessary to revise this IFB, written amendments will be posted on eMaryland

Marketplace and will be provided to all known prospective Bidders. Written acknowledgement of the receipt by the Bidder of all amendments will be required.

CANCELLATION OF IFB

This solicitation is subject to cancellation as provided in COMAR 21.06.02. MDOT MVA may cancel this IFB, in whole or part, whenever this action is determined to be fiscally advantageous to MDOT

MVA or otherwise in it’s or the State’s best interest.

mailto:eMMA.helpdesk@maryland.gov

INCURRED EXPENSES

MDOT MVA will not be responsible for any costs incurred by a Bidder in preparing and submitting a bid in response to this IFB.

BASIS OF AWARD

1. Contract will be awarded to the responsible Bidder submitting the most responsive, favorable, evaluated bid price.

2. The Maryland Department of Transportation Motor Vehicle Administration reserves the right to reject any and all bids in whole or in part.

TIE BIDS

Tie Bids will be decided pursuant to COMAR 21.05.02.14.

ATTACHMENTS

Attachment No. 1 – Small Procurement Standard Contract Provisions

Attachment No. 2 – Bid Affidavit

Attachment No. 3 – Contract Affidavit

Attachment No. 4 – Signature Requirements

Attachment No. 5 – Bid Form (Separate Excel Spreadsheet)

ATTACHMENT NO. 1

STANDARD CONTRACT CLAUSES

COMPENSATION AND METHOD OF PAYMENT - Payment will be made by check, within thirty (30) days upon receipt of an invoice from the Contractor. All invoices and/or correspondence pertaining to invoices shall be identified with a Purchase Order Number and shall be forwarded to department on front of the purchase order. Under certain conditions, the Authority reserves the right to make payments via its VISA Procurement Card. Contractor agrees to include on the face of the invoice billed to the Authority, the federal Tax Identification or Social Security Number.

ADDITIONS AND DELETIONS - The Authority's Procurement Officer, upon five (5) days written notice to the Contractor, may add or delete any item covered under this proposal. When a unit is added or deleted, a rate adjustment shall be made proportionately.

LIABILITY - The Contractor agrees to assume full responsibility for any and all damage to the property of the Authority, both real and personal, which results from or arises in connection with, the performance of this Contract. The Contractor hereby agrees to indemnify and save harmless the

Authority against all claims, damages, costs, losses and liabilities whatsoever, for any and all injury to persons and property which may arise out of the performance of this Contract. The Contractor agrees to maintain adequate insurance coverage in order to fulfill responsibility under this section.

TAX EXEMPTION - The Authority is generally exempt from federal Excise Taxes, Maryland Sales and Use Taxes, District of Columbia Sales Tax and Transportation Taxes. Exemption certificates shall be completed upon request. Where a Contractor is required to furnish and install material in the construction or improvement of real property in the performance of a contract, the Contractor shall pay the Maryland Sales Tax and the exemption does not apply.

MINORITY BUSINESS NOTICE - The Maryland Transportation Authority hereby notifies all bidders that in regard to any contract entered into pursuant to this advertisement, certified disadvantaged businesses will be afforded full opportunity to submit bids in response to this notice and will not be subjected to discrimination on the basis of race, color, sex, or national origin in consideration for an award.

TOLL FREE PASSAGE - The Contractor shall not be permitted toll free passage in the performance of this work.

CONTRACT ADMINISTRATION - All work associated with this Contract shall be at the direction of the Contract Administrator, Procurement Officer, or her designee.

TERMINATION FOR NON-APPROPRIATION - If funds are not appropriated or otherwise made available to support continuation in any fiscal year succeeding the first fiscal year, this Contract shall be terminated automatically as of the beginning of the fiscal year for which funds are not available.

The Contractor may not recover anticipatory profits or costs incurred after termination. COMAR

21.05.07.06G(1)

MARYLAND LAW PREVAILS - The law of Maryland shall govern the interpretation and enforcement of this Contract. COMAR 21.05.07.06G(2)

DISPUTES - Disputes arising under this Contract shall be governed by State Finance and

Procurement Article, Title 15, Subtitle 2, Part III, Annotated Code of Maryland, and by COMAR

21.10. Pending resolution of a dispute, the Contractor shall continue to perform this Contract, as directed by the Procurement Officer. COMAR 21.07.05.06G(3)

CHANGES - This Contract may be amended only with the written consent of both parties.

Amendments may not change significantly the scope of the Contract (including the Contract price).

COMAR 21.05.07.06G(4)

TERMINATION FOR DEFAULT - If the Contractor does not fulfill obligations under this Contract or violates any provision of this Contract, the State may terminate the Contract by giving the

Contractor written notice of termination. Termination under this paragraph does not relieve the

Contractor from liability for any damages caused to the State. Termination hereunder, including the determination of the rights and obligations of the parties, shall be governed by the provisions of

COMAR 21.07.01.11B.

NONDISCRIMINATION - The Contractor shall comply with the nondiscrimination provisions of federal and Maryland law. COMAR 21.05.07.06G(6)

ANTI-BRIBERY - The Contractor certifies that, to the Contractor's best knowledge, neither the

Contractor; nor (if the Contractor is a corporation or partnership) any of its officers, directors, or partners; nor any employee of the Contractor who is directly involved in obtaining contracts with the

State or with any county, city, or other subdivision of the State, has been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or of the United States. (COMAR

21.05.07.06G(7)

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

COMAR 21.07.01.12A(2).

ATTACHMENT NO. 2

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 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):

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:

(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 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:

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.

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 of Authorized Representative and Affiant

Title of Authorized Representative and Affiant

Date

ATTACHMENT NO. 3

CONTRACT 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 OF REGISTRATION OR QUALIFICATION WITH THE STATE

DEPARTMENT OF ASSESSMENTS AND TAXATION

I FURTHER AFFIRM THAT:

The business named above is a (check applicable box):

(1) Corporation - domestic or foreign;

(2) Limited Liability Company - domestic or foreign;

(3) Partnership - domestic or foreign;

(4) Statutory Trust - domestic or foreign;

(5) Sole Proprietorship.

and is registered or qualified as required under Maryland Law. I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction…