PURCHASING DEPARTMENT WASHINGTON COUNTY PUBLIC SCHOOLS 820 Commonwealth Avenue Hagerstown, Maryland Telephone (301) Fax (301)

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1 PURCHASING DEPARTMENT WASHINGTON COUNTY PUBLIC SCHOOLS 820 Commonwealth Avenue Hagerstown, Maryland Telephone (301) Fax (301) RFQ: # DATE OF ISSUE: August 27, 2013 INVITATION FOR BIDS FOR SALE OF GEOTHERMAL LOOPS INSPECTION VISIT: Washington County Public Schools The New Bester Elementary School Construction Site Lend Lease Construction Trailer 352 South Mulberry Street Hagerstown, Maryland By Appointment: Call Mike Kelly, Lend Lease (US) Construction, Inc. Telephone: DEADLINE FOR SUBMISSION OF QUOTES: 4:00 p.m. Local time September 18, 2013 Submit Quotes to: The Board of Education of Washington County Administration Building Attention: Purchasing Dept. 820 Commonwealth Ave.

2 BID # Sale of Geothermal Loops QUOTE DUE DATE: September 18, 2013 I. SPECIFIC CONDITIONS Hagerstown, Maryland A. Intent This solicitation provides instructions for submitting quotes for the sale of geothermal loops as surplus from the construction of the new Bester Elementary School, 352 South Mulberry Street, Hagerstown, Maryland WCPS has fifty-seven (57) 405-ft. by 1 ¼ new PE pipe currently stored at the Bester Elementary construction job site. These geothermal loops are being offered for sale to the public and all interested parties with no warranty and are offered for sale as is and where is with inspection opportunity by any interested parties. WCPS reserves the right to select the most favorable bid proposal based upon WCBOE s assessment of the bidder's capability to provide reliable service, while maintaining acceptable safety standards and protection of the WCBOE s property. B. Policy Recycling under this agreement shall comply with the Board of Education s CONSERVATION (RECYCLING) POLICY (EDE) as follows: The Board of Education of Washington County firmly supports the practice of resource conservation, and seeks to fully integrate reduce, reuse, recycle methods across all levels of the school system. The Board of Education encourages all employees and students to reduce the consumption of materials when possible; fully utilize (reuse) all materials prior to disposal; and, cooperate with, and participate in recycling efforts being made by local and state government. Further, the school system will purchase, where financially viable, recycled products and will also seek to locate suppliers actively supporting recycling and resource conservation efforts. Additionally, the school system will continually develop methods for reducing the amount of paper consumption, the system s largest waste product, in addition to boosting recycling efforts for this material. System-wide recycling efforts should be enforced daily, and appropriate recycling resources will be made available to promote this practice. C. Procurement Schedule Issue RFQ: August 27, 2013 Quote Due (2 Copies): September 18, 2013 Award Selection: September 20, 2013 Contract Performance Period: October 1, 2013 October 4, 2013 D. Duration This contract for services shall be effective through the performance period of the contract. WCPS reserves the right to change the pick-up schedule and/or discontinue services at any time. WCPS reserves the sole and independent right to select a contractor that best demonstrates its ability to meet the salvage needs of WCPS. Price may not be the deciding factor in this decision. E. Contract Agreement The contract(s) shall be awarded to the highest offer from the responsible bidder(s) complying with all of the provisions of this invitation, provided the price is reasonable and is in the best interest of WCPS. It is the intent of WCPS to award the contract in aggregate to one firm. Complete discretion is reserved by WCPS in determining completeness and/or timeliness of proposals, advantages attributable to acceptance of higher or lower prices, allowance of submission of additional data or information and any other procedures determined by the WCPS to be in their best interest. F. Termination Clause The Washington County Public School may, by written notice to Contractor, terminate this agreement in whole or in part, with thirty (30) days notice of termination, because of the failure of contractor to fulfill its contractual obligations and/or due to unsatisfactory performance.

3 BID # Sale of Geothermal Loops QUOTE DUE DATE: September 18, 2013 G. Conditional Offers Quotes must be valid unqualified offers open for consideration for a minimum period of five (5) business days from the quote due date allowing time for evaluation and award by WCPS. Conditional bids such as those that would modify the intent of these specifications, or that would provide for price increase through different terms, shall not be accepted. H. Compensation a. Washington County Public Schools shall not be obligated to achieve any minimum or maximum amount of salvage, frequency of pick up or type of services under this contract, and will expect payment only for actual services rendered. b. The contractor shall provide payment to WCPS within ten (10) days of the salvage pick-up. I. Title to Property The contractor shall provide all materials, labor, equipment and transportation services, for alternate bid, necessary for the execution of this contract. Title to all property and equipment owned and/or furnished by the contractor shall remain vested in the contractor. WCBOE shall assume no liability for loss and/or damage to such property and equipment. J. Subcontract or Assignment Contractor shall not subcontract or assign any part of this Agreement without the prior written consent of the Board. K. Indemnification The Contractor shall indemnify, defend, and hold harmless the Board and its respective elected/appointed officials, employees, departments, agencies, agents and volunteers from any and all claims, demands, suits, and actions, including attorney s fees, litigation expenses and court costs connected therewith, brought against the Board and their respective elected/appointed officials, employees, departments, agencies, agents, and volunteers, arising as a result of any direct or indirect, willful, or negligent act or omission of the Contractor or its employees, agents, or volunteers. L. Responsibility for Payment of Taxes Contractor shall be responsible for all federal, state, and local taxes, as well as Social Security liability self-employment taxes that may result from the performance of and compensation for these services. Board assumes no responsibility for the payment of any compensation, wages, benefits, or taxes by, or on behalf of Contractor, its employees and/or others by reason of this Agreement. Contractor shall defend, indemnify and save harmless the Board, its officials, officers, agents, and employees from and against any and all claims, costs, and/or losses whatsoever occurring or resulting from: Contractor s failure to pay any such compensation, wages, benefits, or taxes; and/or the supplying to contractor of work, services, materials, or supplies in connection with or in support of the performance of this Agreement. The Board will furnish the contractor with a Federal Form 1099 no later than January 31 of each year for transactions made with the WCBOE during the preceding calendar year. M. Responsibility for Payment of Workers Compensation Contractor shall be responsible for payment of all Workers Compensation premiums that may result from performance of and compensation for these services. N. Criminal Background Check It is the responsibility of the Contractor to make certain, through a criminal background check, that all employees, agents, volunteers, and contractors who may have contact with students are in compliance with Title 5, Subtitle 5, Part VI, of the Family Law Article of the Maryland Code and have not been convicted of nor have pending charges for the commission of or attempt to commit Murder, Child Abuse, Rape, Child Pornography, Child Abduction, Kidnapping of a Child or Sexual Offense as defined by Article 27, Subsection 464, 464A and 464C of the Annotated Code of Maryland. All costs for conducting a criminal background check shall be borne by Contractor. O. Compliance with Laws

4 BID # Sale of Geothermal Loops QUOTE DUE DATE: September 18, 2013 Contractor shall comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations applicable to the services to be rendered under this Agreement. Contractor s violation of any of these laws, statutes, ordinances, rules, or regulations constitutes a breach of this Agreement and entitles the Board to terminate this Agreement immediately upon delivery of written notice of termination to Contractor. P. Governing Law This Agreement shall be construed by and governed under the laws of the State of Maryland. Q. Procurement Administrator Lisa Freeman, Supervisor of Purchasing, will administer the solicitation process. Phone: ; Fax: ; freemlis@wcps.k12.md.us. The procurement administrator is the sole point of contact for purposes of this procurement. II. SCOPE OF SERVICES - SPECIFICATIONS A. Overview This scope of services includes the pick-up and transportation (Alternate Bid) of GEOTHERMAL LOOPS for repurposing/recycling. Award bidder is responsible for making an assessment by site visit of the types and quantities of salvage for the purposes of providing a bid. Several photos are enclosed with this RFQ for purposes of making a proposal to WCPS. B. Contractor Responsibilities i. Trained personnel: The contractor shall provide personnel trained in the proper handling of salvageable materials. ii. iii. iv. Materials: Provide all necessary materials required for proper handling, transport (Alternate Bid) of geothermal loops. All property shall be removed from Bester Elementary construction site within five (5) business days after notice to proceed. In the event property is not so removed, WCPS reserves the right to contract with others to remove the property by any method it chooses, and without prior notice. For the Alternate Bid, the Buyer is responsible for all costs and arrangements associated with loading, transporting, and removing from the FOB point, including responsibility for securing the load. v. Buyer will pay WCPS Supervisor of Purchasing the bid amount, made payable to Washington County Public Schools, in the form of a bank or cashier's check, delivered to the Supervisor of Purchasing before the performance date. vi. vii. viii. ix. The Buyer shall not begin work until all work has been properly coordinated with WCPS project manager. Buyer warrants to WCPS he is familiar with all applicable federal, state, local and OSHA regulations, and agrees to comply with those regulations. WCPS is selling the material as-is where is and makes no guarantee, warrantee, or representation, express or implied as to quantity, kind character, quality, condition, weight, size, or description of any property, its merchantability, its fitness for any use or purpose, or otherwise. Buyer agrees to hold harmless WCPS for WCPS failure to inspect, repair, recondition, or otherwise make the item(s) safe. To the fullest extent not prohibited by law, the Buyer shall indemnify and hold harmless WCPS, the Board, officers, agents and employees from and against all claims, damages, losses, and expenses (including but not limited to, attorney s fees) arising by reason of any act or failure to act, negligent or otherwise, by Buyer, of anyone directly or indirectly employed by Buyer, or of anyone for whose acts the Buyer may be liable, in connection with the salvage, dismantling, lading, removal, and transporting of items. x. Buyer is responsible for any taxes, levies, etc.

5 BID # Sale of Geothermal Loops QUOTE DUE DATE: September 18, 2013 xi. Buyer shall not sell or otherwise transfer the property described in paragraph hereof without providing WCPS protection against liability from the sale or transfer. x. Buyer must maintain insurance to protect him from claims for damages because of bodily injury to others, damage to property and claims arising out of the operation of motor vehicles, which may arise during the performance of the contract. C. Itemized Receipt At time of pick-up, the contractor shall provide an itemized listing of each type and amount of salvage for signature verification by onsite WCPS staff. D. Licensing/Permits The contractor shall list and provide evidence of issuance of all required local, state, and federal identification numbers, licenses, permits, etc. related to transportation (Alternate Bid) on the Bid Proposal Form where applicable. E. Fines/Penalty Disclosure The Contractor shall disclose if it has been subject to any violations, fines, and penalties by the Maryland Department of Environment or any other agency in the State of Maryland or EPA within the last five years. Please complete this section of the Bid Proposal Form. F. Pickup Schedule Unless otherwise agreed upon by the parties, the final date for removal of all purchased goods is within five (5) business days from the notice to proceed. G. Reports and Record Keeping Award bidder agrees to provide, upon request, a report of all items removed under this contract within three (3) business days of request by WCPS. Report shall include types of items, quantity, method/place of disposal and payments made to WCPS. H. Qualifications of Bidder The Washington County Public Schools may make such investigations as deemed necessary to determine the ability of the bidder to furnish the necessary services described herein. The bidder shall furnish to the Washington County Public Schools all data and information requested in order to determine the bidder's ability and qualifications to perform under this bid invitation. The Washington County Public Schools reserves the right to reject any bid if the evidence submitted by, or investigation of, such bidder fails to satisfy the Washington County Public Schools that such bidder is qualified to carry out the obligations of the contract. III. BID SUBMITTAL INSTRUCTIONS All bidders are required to submit one original and one copy of the following documents: 1. Bid Proposal Form 2. Description of Proposed Services and Qualifications of Company 3. Bid/Proposal Affidavit Form (includes Certificate of Non-discrimination and Non-collusion, etc.) 4. Sample Insurance Certificate showing liability and worker s compensation IV. EVALUATION PROCESS This contract will be awarded to the Offeror of the most successful proposal that serves in the best interest of the WCBOE, who conforms to these specifications with consideration given to the purpose for which required; the competency and responsibility of the bidder; the ability of the bidder to perform satisfactory service and the time required for delivery of services. WCBOE may reject any and all bids and re-advertise for other bids.

6 BID # Sale of Geothermal Loops QUOTE DUE DATE: September 18, 2013 WCBOE reserves the right to reject any bid proposal that does not contain all required forms properly completed and signed where required.

7 BID # Sale of Geothermal Loops QUOTE DUE DATE: September 18, 2013 WASHINGTON COUNTY PUBLIC SCHOOLS Hagerstown, Maryland Bid Opening - Time: 4:00 PM Local Time Wednesday, September 18, 2013 BID PROPOSAL FORM I/We as the bidder,, (Corporation, a partnership, or an individual hereinafter called Bidder ), organized and doing business and existing under the laws of the state of, in compliance with the invitation for bids, have examined the specifications, and being familiar with all the conditions surrounding the delivery of services, including the availability of materials and labor, hereby propose to furnish all labor, supplies and transportation costs to deliver such services in accordance with the bid documents and addenda set forth therein at the prices stated below. These prices are to cover all expenses incurred in the performance of services required under the Contract Documents, of which this proposal is a part. Item Description Price Offer Notes Alt. Fifty-seven (57) 405 ft. long X 1 1/14 diameter PE pipe. Transportation Charges* *Note: WCPS retains the right to self-arrange transportation at a lower price at our option. REFERENCES Please provide 3 references below- firms with whom you have contracted services within the past 3 years. Customer/Client Name Representatives Name ( ) ( ) Representative's Phone # Fax Number Description of Services/Contract Details Customer/Client Name Representatives Name ( ) ( ) Representative's Phone # Fax Number Description of Services /Contract Details Customer/Client Name Representatives Name ( ) ( )

8 BID # Sale of Geothermal Loops QUOTE DUE DATE: September 18, 2013 Representative's Phone # Fax Number Description of Services/Contract Details Disclosure of Fines/Penalties (Use a separate sheet if necessary): Please list all applicable licenses, permits and certifications pertinent to the performance of the services described herein: Please list all proposed subcontractors and their duties as pertinent to the performance of the services described herein: Unit prices shall be inclusive of all labor, materials, overhead, profit, and insurance, travel, etc. to perform this contract in the time and manner stated herein as proposed. I/We the bidder understand that the WCBOE reserves the right to reject any or all bids and to waive any informalities in the bidding, and that the Board of Education may reject any bid that fails to properly and completely fill in all blanks and that does not include a proper signature. Enclosed is a completed BID/PROPOSAL AFFIDAVIT FORM which we understand is mandatory in order for the bid to be considered for the award. I/we have read the solicitation and proposed contract and governing conditions. Upon written notice of acceptance of this bid, I/we agree to execute the formal contract immediately upon notification to proceed. I/We certify that this bid 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) Receipt of Addenda #1, #2, #3, #4, is hereby acknowledged (if applicable) Respectfully submitted by: Name (Print) Date Signature Phone

9 BID # Sale of Geothermal Loops QUOTE DUE DATE: September 18, 2013 Title Fax Company Address (SEAL) If bid is by Corporation SUBSCRIBED AND SWORN to before me, a Notary Public in the State of, County of City of this day of, 20. Commission Expires: NOTICE: The Washington County Board of Education reserves the right to decline to award any or none of the bids due to budgetary constraints.

10 WASHINGTON COUNTY PUBLIC SCHOOLS 820 Commonwealth Ave. Hagerstown, Maryland 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: Bid /Proposal Affidavit Page 1

11 WASHINGTON COUNTY PUBLIC SCHOOLS 820 Commonwealth Ave. Hagerstown, Maryland (1) Fail to request, receive, or otherwise obtain authorization from the certified minority business enterprise to identify the certified minority proposal; (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 I FURTHER AFFIRM THAT: 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 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: Bid /Proposal Affidavit Page 2

12 WASHINGTON COUNTY PUBLIC SCHOOLS 820 Commonwealth Ave. Hagerstown, Maryland (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 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

13 WASHINGTON COUNTY PUBLIC SCHOOLS 820 Commonwealth Ave. Hagerstown, Maryland 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 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 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. Bid /Proposal Affidavit Page 4

14 WASHINGTON COUNTY PUBLIC SCHOOLS 820 Commonwealth Ave. Hagerstown, Maryland 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 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 I FURTHER AFFIRM THAT: 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 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. 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 Bid /Proposal Affidavit Page 5

15 WASHINGTON COUNTY PUBLIC SCHOOLS 820 Commonwealth Ave. Hagerstown, Maryland 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. Date: By: (Print name of Authorized Representative and Affiant) (Signature of Authorized Representative and Affiant) Bid /Proposal Affidavit Page 6

16 WASHINGTON COUNTY PUBLIC SCHOOLS 820 Commonwealth Ave. Hagerstown, Maryland CONTRACT AFFIDAVIT MANDATORY CONTRACT ADDENDUM COMAR 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 I FURTHER AFFIRM THAT: 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

17 WASHINGTON COUNTY PUBLIC SCHOOLS 820 Commonwealth Ave. Hagerstown, Maryland Name and Department ID Number: Address: C. FINANCIAL DISCLOSURE AFFIRMATION I FURTHER AFFIRM THAT: 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; Mandatory Contract Addendum Page 2

18 WASHINGTON COUNTY PUBLIC SCHOOLS 820 Commonwealth Ave. Hagerstown, Maryland (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; (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 Mandatory Contract Addendum Page 3

19 WASHINGTON COUNTY PUBLIC SCHOOLS 820 Commonwealth Ave. Hagerstown, Maryland (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, 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 I FURTHER AFFIRM THAT: 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

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23 WASHINGTON COUNTY PUBLIC SCHOOLS 820 Commonwealth Avenue Hagerstown, Maryland PURCHASING DIVISION Bidder: NO BID REPLY FORM To assist us in obtaining good competition on our Invitations to Bid, we ask that each firm that has received an invitation, but does not wish to bid, state their reason(s) below. This information will not preclude receipt of future invitations unless you request removal from the Bidders List by so indicating below. RFQ# SALE OF GEOTHERMAL LOOPS Unfortunately, we must offer a NO BID at this time because: 1. We do not wish to participate in the bid process. 2. We do not wish to bid under the terms and conditions of the Invitation to Bid document. Our objections are: 3. We do not feel we can be competitive. 4. We cannot submit a bid because of the marketing or franchising policies of the manufacturing company. 5. We do not wish to sell to the Washington County Public Schools. Our objections are: 6. We do not sell the items/services on which bids are requested. 7. Other: FIRM SIGNED We wish to remain on the Bidders List We wish to be deleted from the Bidders List.