Request for Quotation #

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1 Washington County Public Schools September 27, Commonwealth Avenue Hagerstown, Maryland Telephone: Facsimile: Request for Quotation # Bulk Seed Mix for Maintenance & Operations Dept. Issued: September 27, 2013 Quote Due Date: Wednesday, October 9, 2013 at 4:00 p.m. Local Time

2 REQUEST FOR QUOTATION # BULK SEED MIX FOR MAINTENANCE DEPT. A. SPECIFIC TERMS & CONDITIONS 1. INTENT Washington County Public Schools (WCPS) is soliciting quotations to establish a contract for supplying BULK SEED MIX TO THE MAINTENANCE & OPERATIONS DEPARTMENT. 2. SCHOOL and SHIP-TO ADDRESS: Attention: Mr. Paul Breakall, Turf Care Technician Maintenance & Operations Dept. 701 Frederick Street. Hagerstown, Maryland Deliver 7 Days After Receipt of the Purchase Order 3. CONTRACT ADMINISTRATION Mrs. Lisa Freeman, Supervisor of Purchasing, or her designee, will administer this contract. Please refer all technical questions regarding these specifications to her by telephone on (301) or freemlis@wcps.k12.md.us. 4. CONTRACT PERIOD Price quotations are due by 4:00 p.m. Wednesday, October 9, Quotations must be submitted to the attention of Lisa Freeman, Supervisor of Purchasing, Purchasing Department, 820 Commonwealth Ave., Hagerstown, Maryland The intention is to place the Purchase Orders with the vendor(s) on or before October 11, AWARD Award of this contract will be made to the lowest cost, responsible and responsive vendor(s) by item, or by group of similar items, whichever is in WCPS best interest. Quantities in the RFQ are estimates. Washington County Public Schools retains the right to increase or decrease quantities on the final purchase orders. 6. WARRANTY The vendor warrants to WCPS that products furnished and delivered under this contract will be NEW (not refurbished), will conform to the requirements of this RFQ, be of specified quality, and shall be free from faults, and defects of any kind, including faults and defects in design, workmanship and materials. All items shall be new, fit for the purpose for which it is intended and of the size, capability, and materials sufficient to meet in all respects the requirements of the Purchase Order. 7. DELIVERY TERMS A. Include all handling/packing/inside delivery costs in the prices quoted. The contracted Supplier is responsible for inside delivery. Oversized/truck freight shipments shall include the cost of off-loading and delivering inside the building. 1

3 B. Delivery of the seed is required to be made to the Maintenance Dept. within seven days after receipt of the Purchase Order anticipated on or around October 18, D. The Purchase Orders shall be delivered complete in one shipment. E. The contracted supplier who does not strictly adhere to these delivery instructions may be held responsible for any damage or loss incurred prior to final acceptance by WCPS. Such items as may be lost or damaged shall immediately be replaced or repaired to a new condition to the complete satisfaction of WCPS and at no additional cost to WCPS. 8. QUESTIONS Questions about this quotation request should be addressed to Mrs. Lisa Freeman, Purchasing Supervisor, telephone /fax or freemlis@wcps.k12.md.us. Do not contact other staff of WCPS for clarification or questions about this RFQ. 9. SPECIFICATIONS- 1. Seed Mix Maryland Certified 90/10 Sod Mix (Approximately 2,000 Lbs.) 2. Seed mix- Consisting of the following: Maryland Certified 90% Tall Fescue (3 Varieties on Maryland Recommended List) (Approximately 12,000 lbs. 5% Raven Kentucky Bluegrass 5% Wildhorse Kentucky Bluegrass This seed mix must be certified by Maryland Interagency as recommended varieties for this State and region.. Ship in bags with 1500 lbs. seed per pallet. 10. MISCELLANEOUS A. Once the purchase order is issued, it may not be altered or changed in any way without written authorization from the purchasing supervisor. B. In the event of price line extension errors, the unit price will supersede the line or group total price. C. Call Paul Breakall, Turf Technician, in advance to schedule the delivery appointment. Tele CONTRACTED SUPPLIER RESPONSIBILITIES The Board endorses the provisions of Public Law , Title V, Subtitle D (Drugs-Free Workplace Act of 1988) and Public Law (The Drug-Free Schools and Communities Act of 1989) and regulations promulgated there under and establishes a drug-free and alcohol-free workplace and school system. Maryland State Law (COMAR 13A.02.04) provides that each local school system is required to maintain a tobacco-free school environment. 2

4 Be advised that individuals who are registered sex offenders are not eligible to work on any public school project. The contractor must initially check the Maryland Department of Public Safety & Correctional Services' MARYLAND SEX OFFENDER REGISTRY and search for the name of any employee to be assigned to work on this project. This applies to subcontractors and material/equipment suppliers as well. For projects lasting more than a few months, the contractor shall periodically re-check the names of workers against the registry to ensure ongoing compliance. In the event that a registered sex offender is discovered to be working on a WCPS project, whether through employment by the prime contractor, subcontractor or equipment or material supplier, WCPS will notify the site superintendent to immediately remove the individual from the premises and permanently terminate his work assignment. WCPS may terminate this contract as a result if the contractor is unable to demonstrate he has exercised care and diligence in the past in checking the Maryland registry. 3

5 WASHINGTON COUNTY PUBLIC SCHOOLS Hagerstown, Maryland Quote Opening - Time: 4:00 PM Local Time Wednesday, October 9, 2013 PROPOSAL FORM Proposal of (Corporation, a partnership, or an individual hereinafter called Bidder ) organized and doing business and existing under the laws of the state of. I/We as the bidder, in compliance with the invitation to bid, offer to Supply Bulk Seed Mix on Pallets to the Maintenance & Operations Department, 701 Frederick St., Hagerstown, Maryland. I/we have examined the specifications and hereby propose to provide all labor, materials, and supplies, in accordance with the bid specifications, and addenda, and at the prices stated below. The quote includes all expenses, including insurance, labor, overhead and profit, for performing the work required under the Contract Documents, of which this proposal is a part. Receipt of Addenda #1, #2, #3, #4, is hereby acknowledged (if applicable). 1. Seed Mix Maryland Certified 90/10 Sod Mix (Approximately 2,000 Lbs.) Unit Price: $ /lb. Lump Sum Total Price for 2,000 lbs.: Dollars $ (Written in words) (Numbers) 2. Seed mix- Consisting of the following: Maryland Certified 90% Tall Fescue (3 Varieties on Maryland Recommended List) 5% Raven Kentucky Bluegrass 5% Wildhorse Kentucky Bluegrass Unit Price: $ /lb. Lump sum Total Price for 12,000 lbs. Dollars $ (Written in words) (Numbers) 4

6 I/We the bidder understand that WCPS reserves the right to reject any or all quotation offers and to waive any informalities in the quoting, and may reject any company s proposal which fails to properly and completely fill in all blanks and that does not include a proper signature. Additionally, I/we agree that this quotation may not be withdrawn for a minimum period of 30 calendar days after the scheduled closing time for receiving quotations, and that the undersigned by notification of acceptance of this proposal, shall immediately begin preparations for undertaking the work in a timely manner as required. Enclosed is a completed PROPOSAL AFFIDAVIT FORM which we understand is mandatory in order for the bid to be considered for the award. I/We certify that this quote is made without previous understanding, agreement, or connection with any person, firm or corporation submitting a bid for the same items and/or services and is, in all respects fair and without collusion or fraud; that none of this company's officers, directors or its employees have been convicted of bribery, attempted bribery, or conspiracy to bribe under the laws of any state or federal government; and that no member of the Board of Education of Washington County, administrative or supervisory personnel or other employees of Washington County Public Schools have any interest in the bidding company except as follows: (complete if applicable) Respectfully submitted, By (Signature) (Title) (Date) (Business Address) (Phone) (Fax) NOTICE: The Washington County Board of Education reserves the right to award any, all or none due to budgetary constraints. 5

7 Bid No WASHINGTON COUNTY PUBLIC SCHOOLS 820 Commonwealth Avenue, Hagerstown, Maryland GENERAL CONDITIONS (SUPPLIES AND EQUIPMENT) Any Contract awarded as the result of any Solicitation for bids to furnish supplies, equipment or services to the Washington County Public Schools shall include, in whole or in part, either attached or incorporated by reference, binding in all respects, these provisions. As used throughout these provisions, and throughout any matter relevant to any Solicitation, the word shall is imperative. I. ORDER OF PRECEDENCE: II. A. In the event of an inconsistency between provisions of this Solicitation, the inconsistency shall be resolved by giving precedence in the following order. First Proposal Sheet; Second The Specifications, Terms and Conditions; Third Drawings or Other Addenda, Whether Incorporated by Reference or Otherwise; Fourth General Conditions; and Fifth Instructions to Bidders. DEFAULT: A. The Washington County Public Schools may, by written notice of default to the supplier, terminate the whole or any part of the Contract in any one of the following circumstances: 1. If the supplier fails to make delivery of the supplies exactly as specified or perform the services within the time specified herein or any approved written extension thereof, or 2. If the supplier fails to perform any of the other provisions of this Contract or so fails to make progress as to endanger performance of this Contract in accordance with its terms, and in either of these two circumstances does not correct such failure within a reasonable period of time (as mutually agreed upon and authorized in writing by the Purchasing Department). 3. Willfully attempt to make delivery of items other than the items in the Contract, or perform the services other than specified as to quality, contents of pack, work processes or otherwise, without specific authorization in the form of contract amendment, or 4. If a determination is made by the Washington County Public Schools that the obtaining of the Contract was influenced by an employee of the Washington County Public Schools having received a gratuity, or promise thereof, in any way or form. IV. DAMAGE TO PROPERTY: The supplier in the performance of this Contract will be held pecuniarily responsible for any damage to grounds, buildings or equipment, caused by him, his subcontractor or employees or other persons engaged in the performance of the Contract. V. LAWS AND PERMITS: VI. In the performance of this Contract the supplier is required to comply with all applicable Federal, State, and Local Laws, ordinances, codes and regulations. The costs of permits, insurances (See Instructions to Bidder VI.E.), taxes and other relevant costs required in the performance of the Contract shall be borne by the Supplier. PATENTS: The supplier shall hold free of any liability, the Washington County Public Schools, its officers and employees, of any costs or expenses arising from patent infringement incurred by use of any item supplied or process used in performance of this Contract. VII. NEW ITEMS: All items furnished against the Contract must be new and unused, latest models (unless otherwise specified) and free of all defects. The foregoing excepts exchange, normal "rebuild" items, where specified. VIII. COMMERCIAL WARRANTEE: IX. The supplier agrees that the supplies or services furnished under the Contract shall be covered by that most favorable commercial warranties the supplier gives to any customer for such supplies or services and that the rights and remedies provided herein are in addition to and do not limit any rights afforded to the Washington County Public Schools by any other causes of the Contract. REGIONAL USE OF CONTRACT: Unless specifically prohibited by the bidder in his bid, the following activities within Washington County Public Schools shall have the option to order from the Contract: County Office, Offices of Other Municipal Governments, Community College. X. INSPECTION/ACCEPTANCE: III. B. In the event the Washington County Public Schools terminate this Contract in whole or in part, the Washington County Public Schools will resort to Section I Instructions to Bidders, Paragraph VI as applicable. COVENANT AGAINST CONTINGENT FEES: The bidder warrants that no person or selling agency has been employed or retained to solicit or secure the Contract upon an agreement of understanding for a commission or percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the bidder for the purpose of securing business. For breach or violation of this warrantee the Washington County Public Schools shall have the right to annul the Contract without liability or at its discretion to deduct from the contract price or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. A. The delivery of goods or items furnished under the terms of the Contract shall not be considered as acceptance thereof until said Washington County Public Schools or other Ordering Office of any supplies or lots thereof does not relieve the supplier from any responsibility regarding defects or other failures to meet the contract requirements which may be discovered subsequent to delivery. Except as otherwise provided in the Contract, acceptance shall be conclusive except as regards latent defects, fraud, or such gross mistakes as amount to fraud. B. Any items to be supplied as a result of this Contract shall be subject to inspection and test by the Ordering Office, to the extent practicable, at all times and places including the period of manufacture and in any event prior to acceptance.

8 Bid No C.In case any item or lots of items are found to be defective in material or workmanship or otherwise not in conformity with the requirements of the Contract, the Ordering Office shall have the right to either reject them (with or without instructions as to their disposition) or to require their correction. Items or lots of items which have been rejected or required to be corrected shall be removed or, if required by the Ordering Office as they may deem appropriate, corrected in place by and at the expense of the supplier promptly after notice, and shall not thereafter be tendered for acceptance unless the former rejection of requirement or correction is disclosed. If the supplier fails to promptly remove such items or lots of items which are required to be removed, or promptly to replace or correct such items or lots of items, the Washington County Public Schools either; (1) may by Contract or otherwise, replace or correct such items and charge to the supplier the cost occasioned the Washington County Public Schools thereby, or (2) may terminate the Contract for default as provided in these General Conditions Paragraph II. Default. D. Acceptance or rejection of any items shall be made as promptly as practicable after delivery, except as otherwise provided in the Contract; but failure to inspect and accept or reject items shall neither relieve the supplier from responsibility for such items as are not In accordance with the Contract requirements nor impose liability on the Washington County Public Schools thereof. E. The Ordering Office will inform the supplier of any rejected delivery and require its immediate removal at the supplier s expense. F. Neither the Washington County Public Schools nor other Ordering Office will assume responsibility for damage to any rejected delivery caused by weather, improper warehousing or mishandling. 2. Delivery destination as it appears on the purchase order. 3. Contract item number, quantity and description of item billed. 4. Unit price and extended price for each item. 5. Total amount of invoice. 6. Any prompt payment discount offered. B. Invoices for items ordered by the Community College, the County or other Municipal Government Offices will be rendered in accordance with procedures prescribed by that respective Ordering Office. XIV. NON DISCRIMINATION: The bidder, by the submission of this bid agrees as a supplier of goods, materials, equipment or services covered by this bid or contract that he will not discriminate in the employment in any way against any person or persons or refuse to continue the employment of any person or persons because of their race, creed, color, sex or national origin, age or handicap. XV. SUPPLIER CLEAN-UP: All debris resulting from the supplier s delivery and installation shall be disposed of entirely by the supplier at the end of each working day in an efficient and expeditious manner as required and directed by the Washington County Public School s Purchasing Department. XI. ORDERING: A. Items or services to be furnished under the contract will be ordered by the issuance of a Purchase Order signed by the Supervisor of Purchasing, or his authorized representative, or by a person authorized in the case of orders placed by the Community College, other offices of the County or other Municipal Governments within Washington County. XII. PACKAGING AND DELIVERY: A. All outer packs of items delivered under the Contract (except subsistence items delivered to cafeterias) must be marked with the Purchase Order/Contract number and item identification. Failure to provide adequate identifying markings may result in refusal of the delivery. B. Unless otherwise stated, all prices include delivery and placement within the ship to address in that area specified in the Contract. C. Collect shipments will not be accepted. XIII. INVOICES: A. All invoices for orders placed by the Washington County Public Schools must be submitted to the Accounting Office, Washington County Public Schools, 820 Commonwealth Avenue, Hagerstown, Maryland, Invoices must be completely identifiable, supported by delivery receipts only where specified, and contain the following minimum information. 1. Purchase order/contract number.

9 WASHINGTON COUNTY PUBLIC SCHOOLS 820 Commonwealth Avenue Hagerstown, Maryland INSTRUCTIONS TO BIDDERS Bid No I. PREPARATION: A. The bid solicitation document includes: Instructions to Bidders; General Conditions, the Specifications, Terms and Conditions; Proposal Sheet. An original and 1 copy of the Proposal Sheet along with any requested documentation must be returned by or before the Bid Opening date and time, as stated in the Invitation To Bid, (1) to the Purchasing Department of Washington County Public Schools (hereinafter referred to as the WCPS ), (2) with all questions answered, if applicable, (3) with copy signed, and (4) enclosed in a sealed envelope with Bidder s name, bid number and date and time of return of the bid, appearing in the lower left corner of the outer envelope. B. The remaining documents consisting of all pages of the Invitation for Bid, the General Conditions, any plans, drawings or extraneous matter are to be retained by the bidder and will form part of any Contract resulting from the Solicitation. C. It is the bidder s responsibility to examine and understand all parts of the Solicitation including all parts of the General Conditions, any addenda, drawings or referenced matter. D. Any clarification or explanation desired by the bidder, regarding the meaning or interpretation of the Solicitation, or any part thereof, must be made to the WCPS Purchasing Division allowing sufficient time, if required, for a reply to reach all prospective bidders before the time and date scheduled for the return of bids. II. WITHDRAWAL OF BID: A. Bid may be withdrawn before the scheduled time for opening bid by written notification to the WCPS Purchasing Department. Telephone calls for this purpose are not acceptable. III. ERRORS IN BIDS/EXAMINATION OF SITE: A. Failure of the bidder to thoroughly understand all aspects of the Solicitation before submitting his bid will not act as an excuse to permit withdrawal of this bid more secure relief on plea of error. B. GENERALLY, NEITHER LAW NOR REGULATION MAKE ALLOWANCE FOR NEGLIGENT ERRORS EITHER/OR OMISSION OR COMMISSION ON THE PART OF THE BIDDERS. C. Each bidder shall visit the site of the proposed work and fully acquaint himself with conditions as they exist, so that he may fully understand the facilities, difficulties and restrictions attending the work under his contract. Bidders shall also thoroughly examine and be familiar with the specifications and descriptions. The failure or omission of any bidder to receive or examine any form, instrument or document, or to visit the site and acquaint himself with conditions there existing, shall in no way relieve any bidder from any obligation with respect to this bid. By submitting a bid the bidder agrees that he has examined the site and the specifications, the description, and where the specifications required, in any part of the work, a given result is to be produced, that the specifications and description are adequate and the required result can be produced under the specifications and description. No claims for any extra will be allowed because of alleged impossibilities in the production of the results, specified, or because of inadequate or improper plans or specifications, and whenever a result is required, the successful bidder shall furnish any and all extras and make any changes needed to produce, to the satisfaction of the WCPS, the required results. IV. TRADE DISCOUNT: A. All prices offered must be lowest net price after trade discounts have been considered. Bids offering a percentage off list prices will not be accepted unless: (1) sp ecifically requested in that manner and (2) a copy of the referenced price list accompanies the bid. B. Cash discounts will not be taken into consideration in determining an award. V. TAXES: A. Since WCPS is exempt, prices quoted shall not include Federal Excise taxes or State or Local Sales or Use taxes. Exemption numbers are: Sales: Excise: VI. SURETY AND INSURANCE: In accordance with the Annotated Code of Maryland, Article 90, Section 11, the following documents shall be required to be executed. The cost of these documents shall be borne by the bidder and shall not appear as a separate item on his bid. NOTE: Documents A B C D and E below are required ONLY if so indicated by X. A. Bid Guarantee: The bid must be accompanied by a bid security which shall not be less than five percent (5%) of the amount of the bid, and at the option of the bidder may be certified check, bank draft, U.S. Government Bonds (at par value) or a bid bond in the form attached to the Bid Form. No bid will be considered unless it is so guaranteed. Certified Check or bank draft must be made payable to the order of the WCPS. Cash deposits will not be accepted. The bid guarantee shall insure the execution of the contract and the furnishing of performance and payment bonds by the successful bidder as specified in the Contract Documents. In case Bid Guarantee is in the form of a certified check, bank draft, or U.S. Government Bonds, the WCPS may make such disposition of the same as submitted. Certified check or bank drafts or the amount thereof and U.S. Government Bonds of the unsuccessful bidders will be returned as soon as practicable after opening of bids. B. Performance Bond executed by a surety company authorized to do business in this State satisfactory to the WCPS, in the amount not less than (100%) of the total amount of the contract. Such bonds shall be executed and delivered by the successful bidder within ten (10) days after receipt of the award by successful bidder to the WCPS Purchasing Division. C. Payment Bond executed by a surety company authorized to do business in this State satisfactory to the WCPS in the amount of (100%) of the total amount of the contract. Such bonds shall be executed and delivered by the successful bidder within ten (10) days after receipt of the award by successful bidder to the WCPS Purchasing Division. X D. The WCPS Purchasing Department reserves the right, should a supplier fail to perform under the conditions of this contract, to purchase items on the open market and charge same to the supplier or bid price and the purchase price. However, no such action will be taken without first notifying the supplier and giving him reasonable time to reply.

10 Bid No E. Insurance The contractor must maintain and pay for insurance to protect him from claims under the Workmen s Compensation Act and from claims for damage because of bodily injury to others, including employees of the WCPS, death to others, damage to the property of others, and claims for damages arising out of the operation of motor vehicles, which may arise during the performance of the contract whether caused by himself or by any subcontractor or anyone directly or indirectly employed by either of them. Bid insurance to cover the duration of the contract period including all periods of time where work is performed under an express or implied warrantee. 1. The limits of such liability insurance shall not be less than $500,000/$1,000,000 Bodily injury and $500,000 Property damage. 2. The certificate on this insurance shall be made in favor of The Board of Education of Washington County 3. The certificate of insurance must be provided to the WCPS Purchasing Department, Hagerstown, Maryland 21740, prior to commencement of the Contract. VII. BRAND NAME OR EQUAL: A. Where a particular manufacturer or several manufacturers or brands or models are referenced, it is to be interpreted as being descriptive and not restrictive unless specifically indicated. Bids may be considered on models or brands or products of manufacturers other than those specified. B. Where the absence of anything by the bidder will be interpreted as a bid on the exact item specified. C. Where several manufacturers or models are referenced as being equally acceptable and the bidder does not indicate what particular model or brand he is offering, the WCPS Purchasing Department shall have the right to select any brand or model referenced. D. The WCPS Purchasing Department shall be the sole judge as to whether or not items submitted meet specifications. There shall be no verbal or written contact by the suppliers relative to this bid with any member of the school system, other than the WCPS Purchasing Department while the proposals are being analyzed. Any attempt to resell or disqualify other suppliers will be reason for your disqualification. If additional information is required, contact the WCPS Purchasing Department at telephone VIII. SAMPLES: The contractor shall furnish for approval either prior to, at the time of bid opening, or within ten (10) calendar days following request, all samples as directed by the WCPS Purchasing Department. The WCPS Purchasing Department shall check such sample(s), with reasonable promptness. The right is reserved to test sample without liability for any damage to the sample. Sample(s) will be returned only at the bidder s expense after evaluation. Suppliers shall be responsible for picking up their sample(s) within two (2) weeks after notification. Sample(s) not removed after two (2) weeks will automatically become the property of the WCPS at no charge. X. QUALIFICATIONS OF BIDDER: The WCPS may make such investigations as it deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the WCPS all such information and data for this purpose as the WCPS may request. The WCPS reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the WCPS that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Conditional bids will not be accepted. XI. SIGNATURE TO BID: Bid shall be forwarded with a signature of a person or persons legally authorized to sign contracts. Bids received without authorized signature will be rejected. XII. AWARD: A. Per the Public School Laws of Maryland, Title 5, Section 10, --The contract for any such school buildings, improvements, supplies or other equipment shall be awarded to the lowest responsible bidder, conforming to specifications, with consideration being given to quantities involved, time required for delivery, purpose for which required competency and responsibility of bidder, and his ability to render satisfactory service. B. The WCPS reserves the right to reject any and all bids, in whole or in part, to make partial awards to waive any irregularity in bidding, by mutual agreement to reasonably increase or decrease quantities where estimated quantities are shown and may reject any bid which indicates any omission, contains alteration of form or additions not requested, or imposes conditions or offers alternate items and make any award which is deemed to be in the best interest of the WCPS. C. In the event of tie bids where all other factors are acceptable, award shall be made to the Washington County bidder, the out of County, but State of Maryland based bidder, and the out of State bidder, in that order or preference. If bidders within these geographical designations are tied, the award shall be made by a mutually accepted method. XIII. GLOSSARY: Solicitation The procurement package expressing the requirements of the WCPS which is mailed to the prospective bidder for the purpose of obtaining competitive prices. Invitation for Bid The Solicitation identified by number. Quantities and Items List The pages of the Invitation for Bid containing the listing of items to be purchased and providing space for the bidder to insert prices and provide other information requested therein. Contract This term will also mean Purchase Order. IX. BID ACCEPTANCE PERIOD: Unless otherwise stated prices offered will be considered to allow sixty (60) days for acceptance. Bid may be revised or withdrawn up to the time of bid opening. Refer to Withdrawal of Bid for procedure.

11 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 BID/PROPOSAL AFFIDAVIT COMAR Bidder shall complete and submit this bid/proposal affidavit to the Supervisor of Purchasing, Washington County Public Schools with the bid or offer. A. AUTHORITY I HEREBY AFFIRM THAT: I (print name) possess the legal authority to make this Affidavit. B. CERTIFICATION REGARDING COMMERCIAL NONDISCRIMINATION The undersigned bidder hereby certifies and agrees that the following information is correct: In preparing its bid on this project, the bidder has considered all proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in discrimination as defined in 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, or on the basis of 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 submitted by the bidder on this project, and terminate any contract awarded based on the bid. As part of its bid or proposal, the bidder herewith submits a list of all instances within the past 4 years where there has been a final adjudicated determination in a legal or administrative proceeding in the State of Maryland that the bidder 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 agrees to comply in all respects with the State s Commercial Nondiscrimination Policy as described under Title19 of the State Finance and Procurement Article of the Annotated Code of Maryland. B-1 Certification Regarding Minority Business Enterprises. The undersigned bidder hereby certifies and agrees that it has fully complied with the State Minority Business Enterprise Law, State Finance and Procurement Article, (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 or proposal and: (1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority proposal; Bid /Proposal Affidavit Page 1

12 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 (2) Fail to notify the certified minority business enterprise before execution of the contract of its inclusion in the bid or 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 or 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 submitted by the bidder on this project, and terminate any contract awarded based on the bid. C. AFFIRMATION REGARDING BRIBERY CONVICTIONS Neither I, nor to the best of my knowledge, information, and belief, the above business (as is defined in Section (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 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: Bid /Proposal Affidavit Page 2

13 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 (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 et seq., or the Mail Fraud Act, 18 U.S.C et seq., for acts in connection with the submission of bids or proposals for a public or private contract; (4) Been convicted of a violation of the State Minority Business Enterprise Law, of the State Finance and Procurement Article of the Annotated Code of Maryland; (5) Been convicted of a violation of 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 or proposals for a public or private contract; or (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; or (9) 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)- (8) 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 Bid /Proposal Affidavit Page 3

14 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 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 (1) The business was not established and it does not operate in a manner designed to evade the application of or defeat the purpose of debarment pursuant to Sections , 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. SUB-CONTRACT AFFIRMATION 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 Bid /Proposal Affidavit Page 4

15 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 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 or offer that is being submitted; (2) In any manner, directly or indirectly, entered into any agreement of any kind to fix the bid price or price proposal of the bidder or 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 or offer is submitted. I. CERTIFICATION OF TAX PAYMENT Except as validly contested, the business has paid, or has arranged payment of, all taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, the State Department of Assessments and Taxation, and the 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 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. 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 or 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. Bid /Proposal Affidavit Page 5

16 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 Date: By: (Print name of Authorized Representative and Affiant) (Signature of Authorized Representative and Affiant) Bid /Proposal Affidavit Page 6

17 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 MANDATORY CONTRACT ADDENDUM COMAR CONTRACT AFFIDAVIT Bidder shall complete and submit this contract affidavit to the Legal Department of Washington County Public Schools to attach with the contract form. A. AUTHORITY I HEREBY AFFIRM THAT: I, (print name) possess the legal authority to make this Affidavit. B. CERTIFICATION OF REGISTRATION OR QUALIFICATION WITH THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION The business named above is a (check applicable items): Corporation _domestic or foreign Limited Liability Company domestic or foreign Partnership domestic or foreign Statutory Trust domestic or foreign 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 where it is presently organized, and has filed all of its annual reports, together with filing fees, with the Maryland State Department of Assessments and Taxation. The name and address of its resident agent (IF APPLICABLE) filed with State Department of Assessments and Taxation is: Name and Department ID Number Address: and that if it does business under a trade name, it has filed a certificate with the State Department of Assessments and Taxation that correctly identifies that true name and address of the principal or owner as: Mandatory Contract Addendum Page 1

18 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 Name and Department ID Number: Address: C. FINANCIAL DISCLOSURE AFFIRMATION I am aware of, and the above business will comply with, the provisions of the State Finance and Procurement Article , Annotated Code of Maryland, which require that every business that enters into contracts, leases, or other agreements with the State of Maryland or its agencies during a calendar year under which the business is to receive in the aggregate $100,000 or more shall, within 30 days of the time when the aggregate value of the contracts, leases, or other agreements reaches $100,000, file with the Secretary of State of Maryland certain specified information to include disclosure of beneficial ownership of the business. D. POLITICAL CONTRIBUTION DISCLOSURE AFFIRMATION I FUTHER AFFIRM THAT: I am aware of, and the above business will comply with, Election Law Article , Annotated Code of Maryland, which requires that every person that enters into contracts, leases, or other agreements with the State of Maryland, including its agencies or a political subdivision of the State, during a calendar year in which the person receives in the aggregate $100,000 or more shall file with the State Board of Elections a statement disclosing contributions in excess of $500 made during the reporting period to a candidate for elective office in any primary or general election. E. DRUG AND ALCOHOL FREE WORKPLACE (Applicable to all contracts unless the contract is for a law enforcement agency and the agency head or the agency head s designee has determined that application of COMAR and this certification would be inappropriate in connection with the law enforcement agency s undercover operations.) I CERTIFY THAT: (1) Terms defined in COMAR shall have the same meanings when used in this certification. (2) By submission of its bid or offer, the business, if other than an individual, certifies and agrees that, with respect to its employees to be employed under a contract resulting from this solicitation, the business shall: (a) Maintain a workplace free of drug and alcohol abuse during the term of the contract; (b) Publish a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of drugs, and the abuse of drugs or alcohol is prohibited in the business workplace and specifying the actions that will be taken against employees for violation of the prohibitions; Mandatory Contract Addendum Page 2

19 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 (c) Prohibit its employees from working under the influence of drugs or alcohol; (d) Not hire or assign to work on the contract anyone who the business knows, or in the exercise of due diligence should know, currently abuses drugs or alcohol and is not actively engaged in a bona fide drug or alcohol abuse assistance or rehabilitation program; (e) Promptly inform the appropriate law enforcement agency of every drug-related crime that occurs in its workplace if the business has observed the violation or otherwise has reliable information that a violation has occurred; (f) Establish drug and alcohol abuse awareness programs to inform its employees about: (i) The dangers of drug abuse and alcohol abuse in the workplace; (ii) The business s policy of maintaining a drug and alcohol free workplace; (iii) Any available drug and alcohol counseling, rehabilitation, and employee assistance programs; and (iv) The penalties that may be imposed upon employees who abuse drugs and alcohol in the workplace; (g) Provide all employees engaged in the performance of the contract with a copy of the statement required by E(2)(b), above; (h) Notify its employees in the statement required by E(2)(b), above, that as a condition of continued employment on the contract, the employee shall: (i) Abide by the terms of the statement; and (ii) Notify the employer of any criminal drug or alcohol abuse conviction for an offense occurring in the workplace not later than 5 days after a conviction; (i)notify the procurement officer within 10 days after receiving notice under E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction; (j)within 30 days after receiving notice under E(2)(h)(ii), above, or otherwise receiving actual notice of a conviction, impose either of the following sanctions or remedial measures on any employee who is convicted of a drug or alcohol abuse offense occurring in the workplace: (i) Take appropriate personnel action against an employee, up to and including termination; or (ii) Require an employee to satisfactorily participate in a bona fide drug or alcohol abuse assistance or rehabilitation program; and (k) Make a good faith effort to maintain a drug and alcohol free workplace through implementation of E(2)(a)-(j),above. (3) If the business is an individual, the individual shall certify and agree as set forth in E(4), below, Mandatory Contract Addendum Page 3

20 WASHINGTON COUNTY PUBLIC SCHOOLS August 26, 2011 that the individual shall not engage in the unlawful manufacture, distribution, dispensing, possession, or use of drugs or the abuse of drugs or alcohol in the performance on the contract. (4) I acknowledge and agree that: (a) The award of the contract is conditional upon compliance with COMAR and this certification; (b) The violation of the provisions of COMAR or this certification shall be cause to suspend payments under, or terminate the contract for default under COMAR or , as applicable; and (c) The violation of the provisions of COMAR or this certification in connection with the contract may, in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the business under COMAR F. CERTAIN AFFIRMATIONS VALID To the best of my knowledge, information, and belief, each of the affirmations, certifications, or acknowledgments contained in that certain Bid/Proposal Affidavit dated _, 20, and executed by me for the purpose of obtaining the contract to which this Exhibit is attached remains true and correct in all respects as if made as of the date of this Contract Affidavit and as if fully set forth herein. 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. Date: By: (Printed name of Authorized Representative and Affiant) (Signature of Authorized Representative and Affiant) Mandatory Contract Addendum Page 4