Fill - Free fillable Tu 2024 Sbr On Callpowerwashing (Towson University) PDF form

Small Business Reserve Procurement

Procurement

Procurement Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/procurement

NOTICE TO BIDDERS

SMALL BUSINESS RESERVE PROCUREMENT

This is a Small Business Reserve Procurement for which award will be limited to Certified Small Business vendors.

Only businesses that meet the statutory requirements set forth in State Finance and Procurement Article, §§ 14-501 -

14-505, Annotated Code of Maryland, and who are registered with the Department of General Services Small Business

Reserve Program are eligible for award of a contract.

For the purposes of a Small Business Reserve Procurement, a small business is a business, other than a broker, that

meets the following criteria:

 The business is independently owned and operated;

 The business is not a subsidiary of another business;

 The business is not dominant in its field of operation;

 The wholesale operations of the business did not employ more than 50 persons, and the gross sales of

the business did not exceed an average of $4,000,000 in its most recently completed 3 fiscal years;*

 The retail operations of the business did not employ more than 25 persons, and the gross sales of the

business did not exceed an average of $3,000,000 in its most recently completed 3 fiscal years;*

 The manufacturing operations of the business did not employ more than 100 persons, and the gross sales

of the business did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years;*

 The service operations of the business did not employ more than 100 persons, and the gross sales of the

business did not exceed an average of $10,000,000 in its most recently completed 3 fiscal years;* and

 The construction operations of the business did not employ more than 50 persons, and the gross sales of

the business did not exceed an average of $7,000,000 in its most recently completed 3 fiscal years.*

 The architectural and engineering services of the business did not employ more than 100 persons and

the gross sales of the business did not exceed an average of $4,500,000 in its most recently completed 3

fiscal years.

*If a business has not existed for three years, the gross sales average shall be the average for each year or part of

a year during which the business has been in existence.

Further information on the certification/registration process is available at e-Maryland Marketplace Advantage.

Competitive Simplified Procurement

Procurement

TU-2024-SBR – On-Call Power Washing - towson.edu/procurement

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9/5/19

PROJECT TITLE: On-Call Power Washing

PROJECT NO.: TU-2024-SBR

DESCRIPTION: Towson University is seeking qualified contractors to provide all supervision, labor,

equipment and materials to perform on-call power washing services for exterior surfaces of all current and

future University buildings.

SCHEDULE: One year from date of award with three (3) one-year options.

PRE-BID/PROPOSAL CONFERENCE: 9/11/19 @ 10:00 AM, Room 408

Administration Building, 7720 York Rd.

If you wish to request an ADA accommodation, please telephone (410) 704-2171.

DEADLINE FOR QUESTIONS: 9/18/19 @ 4:30 PM

BID DUE NO LATER THAN: 9/25/19 @ 2:00 PM. Late bids, late requests for modification, or requests for

withdrawal will not be considered

Issuing Office (mailing address):

Procurement Department

Towson University

8000 York Road

Towson, MD 21252

Campus Office Location (overnight mail/hand delivery):

Procurement Department

Towson University

7720 York Road, 4

Floor

Towson, MD 21204

DIRECT QUESTIONS TO: Wendy Childs, Procurement Officer Representative, via email:

WChilds@towson.edu or by Phone: (410) 704-3486.

PROCUREMENT METHOD: This solicitation will be conducted in accordance with the University System of

Maryland’s (USM) Procurement Policies and Procedures, Competitive Simplified Procurement.

BASIS FOR AWARD: Award will be made to the responsible bidder who submits the responsive bid determined

to be most advantageous to the University.

PARKING: All vehicles parked on Towson University property must strictly observe University parking

regulations. Each vehicle parked on campus between 6 am and 8 pm, Monday through Thursday, and from 6

am to 3 pm on Fridays, must display a valid University permit unless parked at a paid meter. Parking on

sidewalks or unpaved areas is prohibited at all times. All fines for parking or other vehicle violations are the

responsibility of the Contractor. This applies to vendors, salespersons, company vehicles, and Contractor

employees’ personal vehicles. Long- and short-term permits are available, at designated rates, for vendors with

contracts that require them to park regularly on the campus; see the parking website at

https://www.towson.edu/parking/visitors/ for permit rates and information to support preparation of Bid/Price

Proposal. Parking Transportation phone: (410) 704-7275. NOTE: Include parking fees in Bid/Price Proposal.

SMOKING: Smoking, defined as the burning of tobacco or any other material in any type of smoking equipment,

including but not restricted to cigarettes, cigars or pipes, is prohibited on all property owned, leased or operated

by the University. This consists of all buildings, including residence halls, leased restaurants and lodging

facilities; all grounds, including exterior open spaces, parking lots and garages, on-campus sidewalks, streets,

driveways, stadiums, recreational spaces and practice facilities; and in all University-owned or leased vehicles.

The policy applies to all individuals on the University campus, including faculty, staff, students, parents, vendors

and visitors. Contractor and its employees and subcontractors who violate the policy may be denied access to

the University campus.

TU-2024-SBR – On-Call Power Washing - towson.edu/procurement

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INSURANCE: Upon award, successful Bidder must submit proof of automobile bodily injury liability insurance

with limits of not less than $1,000,000 per person and $2,000,000 per accident, and property damage liability

insurance with a limit of not less than $2,000,000 for each accident. Proof of workers compensation and

commercial general liability coverage must also be provided. Information must be on ACORD certificate or

company letterhead bearing signature of a company official, and include the carrier’s and agent’s names, policy

number, effective date, and coverage amount, naming Towson University as additional insured.

RESERVATIONS: The University reserves the right to reject any or all bids, award the contract in whole or in

part, or to make no award, as its best interests may require.

MINORITY BUSINESSES ARE ENCOURAGED TO RESPOND

INCLUDED IN BID PACKAGE:

 Specifications

 Attachment A-1 – Building List

 Attachment A-2 – Pre-Use Approval Form doe New Chemicals or Products

 Bid/Price Proposal Form

 Exhibit A-1 – EH&S Requirements

 Exhibit A-2 – Required Contract Provisions for Construction & Maintenance

 Exhibit B – Bid/Proposal Affidavit

 Exhibit C – Contract Affidavit

 Exhibit F – Company Profile

 Exhibit G – Firm Experience

 Exhibit K – Addenda Acknowledgement

BID SUBMITTALS: The following items shall be submitted:

 Bid/Price Proposal Form

 Equipment List

 Exhibit B

 Exhibit F

 Exhibit G - Duplicate as necessary to furnish references for no less than three (3) comparable projects

completed within the past five (5) years, or currently underway.

 Exhibit K (if applicable)

Prices quoted are valid for 90 days unless otherwise noted.

SUBMIT BIDS VIA FAX, REGULAR MAIL, E-MAIL OR HAND DELIVER (choose one method only):

 Fax - 410-704-8233, Attention to Victoria Nellis

 Hand Deliver (or use a courier) to the *Campus Office Location, or mail to the Issuing Office Location (you

must allow extra time if you plan to mail your bid). Indicate on the outside of the envelope the

solicitation/project number, bid due date, and bidder’s name and address.

 Electronic Submittal – submit via e-mail as an attachment by the bid due date and time. The e-mail

address in which to submit the bid is bids@towson.edu

. This e-mail address is for the receipt and storage

of authorized Bids ONLY. It is not monitored for any other type of correspondence. All other

correspondence should be directed to the appropriate procurement representative per the instructions

contained in this document. The project name and number must appear in subject line of email along

with your company name.

ON-CALL POWER WASHING

TU-2024-SBR

SPECIFICATIONS

I. SCOPE

TU is seeking contractors to provide all supervision, labor, equipment and supplies to perform

On-Call power washing services for the exterior surfaces of all current and future buildings

located on the campus of Towson University. The buildings consist of academic, administrative,

auxiliary, and residence facilities as well as parking garages. Refer to Attachment A-1 for

Building lists. All services shall be performed in accordance with all local, state and federal

regulations and procedures.

The Contractor(s) shall have equipment and employees trained to operate commercial grade,

mobile, hot and cold water, pressure washing equipment, including deep cleaning and

degreasing scrubbers. The equipment shall be capable of removing environmental aging, chalk,

beverage stains, fluid stains, gum, grease and oil. Cleaning agents shall be bio-degradable and

environmentally safe. The Contractor(s) shall have water reclamation equipment and portable

barriers for containment to prevent spillage into storm drains and/or waterways. Hazardous

materials, oils, greases or other petroleum products shall not be discharged to the campus

sanitary or storm water sewer systems. Collected waste water containing hazardous materials,

oil, grease or other petroleum products shall be transported off-campus for treatment and

disposal. Refer to

06-20.00 University Policy on Stormwater Illicit Discharge Detection and

Elimination.

II. GENERAL INFORMATION

A. It is the University’s intention to make award to two (2) power washing contractors as a

result of this solicitation.

B. Work Initiation Conference

Prior to the beginning of any work, a Work Initiation Conference will be held between the

University and the Contractor. The Contractor is required to have proper representation at

the conference. Items to be discussed include:

Contractor requirements

1. Projected Schedules

2. Administrative Procedures; and

3. Location of buildings

C. Payment/Invoices

Payments less than $5,000 shall be made via the Procurement Card, a change order to the

PO will be made for any task order greater than $5,000. All invoices shall be submitted to

the Accounts Payable Department as instructed on the Purchase Order. All invoices must

clearly state;

1. Purchase Order Number;

2. Start and completion date of service;

3. Areas/building(s) where service performed;

4. Approval signature;

5. Contractor Federal Tax I.D. Number

D. The University reserves the right to direct the Contractor to remove an employee from

campus without cause.

III. CONTRACT PERIOD

The period of this contract shall be for one base year from date of award, with the University

reserving the right to exercise at its sole option three one-year renewal options. The total

duration of the contract shall not exceed four years.

If exercised, prices for the option years shall be adjusted up or down by the percentage change

of the Consumer Price Index for All Urban Consumers (CPI-U) US City average, all items, as

published by the Federal Government for the latest available twelve-month period at time of

renewal. Annual adjustments shall not exceed 3%.

IV. HOURS OF OPERATION

In most circumstances work shall be performed between the hours of 7:00 a.m. and 3:30 p.m.,

Monday through Friday. However, the University reserves the right to schedule the work for

any time, including evenings and weekends based upon the University’s needs. The University

shall give sufficient notification to the Contractor for such scheduling.

V. OPERATING SPECIFICATIONS

The work shall be handled as maintenance projects developed on the following basis:

A. Projects under $25K: The University may elect to rotate among the on-call power washing

contractors on projects that are under $25K each. Such projects will require a not-to-exceed

price developed as described in C. below.

B. Projects over $25K

1. When a work request is received the Office of Facilities Management (OFM) will

prepare a written scope (specifications and/or drawings on which specifications

noted) of work on each project inclusive of time frame/schedule; and conduct a

site visit with all power washing contractors.

2. Each power washing contractor will provide to OFM a not-to-exceed price based

on the rates quoted on their Bid/Price Worksheet and a statement as to the

proposed time frame to complete the work. If applicable, the power washing

contractors shall provide a list of proposed subcontractors for the University’s

review and approval, and the name of the supervisor to be assigned.

3. OFM will select the contractor whose not-to-exceed price and time frame best

serves the University’s interest and meets all University requirements. At that

time, OFM will submit a requisition and subsequently a Purchase Order will be

sent to the power washing contractor.

4. In no instance will a project cost the University more than the not-to exceed

price. If additional scope is added to a project, the not-to exceed price shall be

revised by the on-call power washing contractor and reapproved by the

University. The power washing contractor shall be responsible for any costs in

excess of the University approved NTE price.

C. Lump Sum Bid: At the sole discretion of the University, projects done under this contract

may be competitively bid amongst all available power washing contractors for a firm fix

lump sum price. If a project is done under this method, the successful power washing

contractor shall provide a schedule of values on which its progress payments will be based.

D. Areas to be cleaned include, but are not limited to: high elevated vertical and horizontal

walls, dumpster areas, sidewalks, patios, pavers, curbs, gum and graffiti removal.

E. Annually power wash one of the four garages on a rotation schedule, this includes lot

surfaces, stairwell treads, risers and landings.

F. Plants, property and equipment that could be damaged in the work area shall be covered

before work begins.

G. The Contractor shall keep the premises free from waste material or rubbish while work is

in progress. All waste shall be disposed of in the designated open top container located

behind the General Services Building. At completion of the work, the Contractor shall

remove, from and about the premises all rubbish, tools and surplus materials used for work.

H. All communications on projects shall be directed to the Project Manager only. No

instructions, directions, or information shall be provided to the Contractor by any other

University personnel.

VI. REQUIREMENTS

A. All cleaning chemicals shall be reviewed and approved in advance by the Towson

University Environmental Health & Safety Department (EHS) at least five (5) days prior to

each project start date. The Contractor shall submit a complete list of all chemicals or

chemical products, and copies of the manufacturer's Material Safety Data Sheets (MSDS), to

the Environmental Health & Safety Department. Please Refer to Attachment A-2 Pre-Use

Approval Form for New Chemicals or Products, for detailed instructions. This

attachment is not to be submitted with the bid package.

B. Any Contractor found to be using unauthorized cleaning chemicals shall be found in

violation of this Contract. Any environmental fines or penalties resulting from the use of

non-approved cleaning chemicals shall be the Contractor’s responsibility.

C. All services shall be provided by personnel employed directly by the Contractor.

Subcontracting shall only be permitted upon the approval of the University.

D. Access routes, entrance gates, parking and storage areas, etc., shall be as directed by the

University. The Contractor shall conduct all operations in strict observation of the access

routes and other areas established in these specifications. Observance shall include any

imposed time limitations.

E. Contractor employees shall be dressed in distinguishable uniforms with the company logo

on the shirt. Contractor employees shall display identification at all times. Contractor

vehicles and mobile equipment shall be identified with the Contractor name displayed in a

visible manner.

VII. EQUIPMENT

Bidders shall submit a list of equipment to be used in this contract (see Bid Submittal

requirements). The equipment list shall at a minimum contain self-contained, commercial-

grade, mobile, power washing system regulated for hot and cold water pressure cleaning with

the following minimum specifications:

 8 GPM@ 3000 PSI w/adjustable regulator (one operator)

 4 GPM @ 3000 PSI w/adjustable regulator (two operators)

 200 Degree F. Adjustable hot water temperature control

 250 gallon water tank

 Rotary floor cleaners/scrubbers for deep cleaning w/vacuum hook-up

 Pressure Brooms

 Water recovery system

 200 ft. pressure hose

 Adjustable soap control

Note: Portable power washers shall not be permitted to connect to University water

systems. On campus refilling of self-contained pressure washing equipment shall be pre-

approved and coordinated with the University‘s Project Manager. Contractor shall supply

the refilling hose equipped with a back flow preventer

VIII. MATERIAL COSTS

A. Material and equipment rental costs that are reimbursed to the Contractor as a "task order

cost" shall be based on the cost of materials and equipment rental to the Contractor from

his usual sources of supply with all usual trade practice discounts deducted. The mark-up

for material, combined overhead and profit, shall not exceed 10% of material costs.

Equipment such as rental of a mechanical lift or scaffold is required, the Contractor shall be

allowed to charge the University for the rental fee plus up to 10% mark-up.

B. The Contractor shall make every effort to obtain materials and equipment rentals at the

least cost possible. Material and equipment rental costs shall include sales taxes or other

taxes to which materials furnished under the Contract are subject by law. There shall be no

mark-up on tax.

C. "Task order cost" for materials and equipment rental shall include only materials and

equipment incorporated in or consumed by the work or materials surplus to the project

needs, which may be approved for retention by the University.

D. Material from Contractor’s Stock:

1. Material taken from the Contractor’s stock shall be billed at the current market

replacement costs as delivered to the Contractor, plus the Contractors mark-up for

materials.

Note that a special fee or merchandising fee for material taken from stock is

not allowed under this contract. Market quotations, invoices or other suitable

evidence from wholesalers, distributors, jobbers of the articles or materials so

furnished shall be submitted by the Contractor as proof of replacement cost.

E. OWNER’S RIGHT TO FURNISH MATERIAL AND EQUIPMENT: The Owner reserves the

right to purchase material, equipment, or job required merchandise, or to furnish such items

from stock.

Attachment A-1 Building Lists

A. Academic and Administrative Facilities

7400 York Road

College of Liberal Arts

Hawkins Hall

Public Safety

Building

Van Bokkelen

Hall

7800 York Road

Cook Library

Landscape

Services

Psychology Building

Ward West

Building

Administration

Building

Dowell Health Center

Lecture Hall

Smith Hall

Auburn House

Enrollment Services

Linthicum Hall

Stephens Annex

Burdick Hall

General Services

Media Center

Stephens Hall

Center for the Arts Glen Esk Power Plant Towson Center

B. Auxiliary Facilities

Childcare Center

Newell Dining

Softball Field

Unitas Stadium

Field House

S. Campus Pavilion

Towson Town Garage (1501

space)

University Union

Glen Dining

Schuerholz Complex

Transportation Annex

W. Village Commons

Glen Garage (1100

space) SECU Arena Union Garage (997 space)

W. Village Garage (1511

space)

C. Housing and Residential Life Facilities

10 West

Glen Tower B

Prettyman Hall

Barton House

Glen Tower C

Residence Tower

Carrol Hall

Glen Tower D

Richmond Hall

Douglass Hall

Marshall Hall

Towson Run

Glen Tower A

Newell Hall

Scarborough Hall

Environmental Health and Safety

Pre-Use Approval Form for New Chemicals or Products

EH&S Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2949 - towson.edu/ehs

Submit this completed form for each new chemical or product proposed for use on the Towson University

campus at least 5-business days in advance to:

Towson University

Environmental Health & Safety

8000 York Road

Towson, Maryland 21252-0001

Environmental Health & Safety (EHS) has the responsibility for maintaining University compliance with all

County, State and Federal environmental regulations and permits and approves all contractor chemicals

used on campus.

In general, corrosive (pH<6.0 or >10.0) chemicals or products with the potential for discharge via the

campus sanitary or stormwater sewer systems are prohibited for use on campus and will not be approved

for use on campus. In special situations, written restricted approval may be given by EHS on a case-by-case

basis.

Use this form prior to accepting any new materials or chemicals on-site. A complete and legible copy of the

MSDS for the chemical or product must be attached to this form. DO NOT purchase or bring the new

proposed chemical or product on-campus prior to EHS approval.

1. What is the nature and intended use of the new product?

__________________________________________________________________________________

2. What is the pH of the product? __________

3. Is the product flammable? Yes _____ No_____

4. Does the product contain any hazardous (SARA Title III) chemicals described on the MSDS? If

so, please list the chemicals.

__________________________________________________________________________________

EH&S Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2949 - towson.edu/ehs

5. Does the product contain any chemicals that are considered acutely hazardous or

carcinogenic? If so, please list the chemicals.

__________________________________________________________________________________

6. Will this product be replacing a currently used product? YES_____ NO_____

a. If YES, please list the currently used product that will be replaced.

____________________________________________________________________________

7. If this product is to replace a currently used product, is it less hazardous (corrosive, flammable,

toxic, etc.) then the product it is replacing? YES_____ NO_____

a. If not, why is it replacing the currently used product?

____________________________________________________________________________

8. If this product is hazardous (corrosive, flammable, toxic, etc.) and is not replacing a currently

used product, have you checked with suppliers to see if there are any other less hazardous

products which can possibly be used in its place?

__________________________________________________________________________________

9. Where will the new product be used on campus? (Be specific as possible)

__________________________________________________________________________________

10. How long will the chemical or product be used on campus?

__________________________________________________________________________________

EH&S Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2949 - towson.edu/ehs

11. Name of Person Submitting Form: _____________________________ Date: ____________

Company:

___________________________________________________________________________

Email Address of Person Submitting Form:

__________________________________________________________________________

Telephone Number of Person Submitting Form: ___________________________________

For EHS Use Only

Reviewed by: _____________________________ Date: __________

□ APPROVED □ NOT APPROVED

Comments:

________________________________________________________________

___________

EH&S Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2949 - towson.edu/ehs

Chemical Information List

Company Name: Workplace Location:

Business Address:

Contact Person: Telephone Number:

Tittle: Date of Preparation:

Common Name: Chemical Names: Work Area:

Date Added

to the List:

Bid/Price Proposal Form

Procurement

Procurement Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/procurement

Page 1 of 2

Bidder’s Name:

Project Title: On-Call Power Washing

Project Number: TU-2024-SBR

Failure to properly complete each blank may be cause for rejection of this proposal.

Having carefully examined the solicitation documents for the above referenced project and Addenda Number(s)

______________ being collectively referred to as the Contract Documents, and having received clarification on all items

of conflict or upon which any doubt arose, the undersigned proposes to furnish all labor materials, and equipment

required by said documents for the entire work, all in strict accordance with the Contract Documents, for the sum of:

Total Cost of Project:

Base Bid:

Words

Base Bid: $

Numbers

Bids judged to be unbalanced or bids which contain exorbitant pricing may be rejected as non-responsive.

DESCRIPTION UNIT PRICE EST. ANNUAL

QUANTITY

TOTAL

Power Washing – Flat Surfaces $ /sq. ft. x 110,000 /sq. ft. =

Power Washing – Vertical Surfaces

up to 12 feet

$ /sq. ft. x 26,000 /sq. ft. =

Power Washing – Vertical Surfaces

above 12 feet

$ /sq. ft. x 9,000 /sq. ft. =

TOTAL BASE BID =

If the undersigned is notified by the Procurement Officer/Representative of the acceptance of the bid within 90 days

after the bid date, Contractor agrees to guarantee the completion of this work as specified in the Contract Documents.

Firm License Number (if applicable) Date Issued

Place of Issuance

Procurement Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/procurement

Page 2 of 2

Minority Business Enterprises: The undersigned certifies that the Bidder (check applicable box):

Is NOT a Certified Minority Business Enterprise

Is a Minority Business Enterprise, certified by the Maryland Department of Transportation, and assigned the

following certification number: _________________________.

The undersigned affirms, and it is a condition precedent to acceptance of this bid, that the bidder has not been a party to

any agreement to bid a fixed or uniform price.

Firm Name: ________________________________________________________________________________________

Address: __________________________________________________________________________________________

Phone/Fax No.: ________________________________ E-mail Address: _______________________________________

Federal Tax ID or Social Security No.: ___________________________________________________________________

Signature of Officer or Authorized Agent (Affix Corporate Seal): _______________________________________________

Printed Name: ______________________________________________________________________________________

Title: _____________________________________________________________________________________________

Witness: __________________________________________________________________________________________

Exhibit A-1

Environmental Health & Safety Requirements

Procurement

Towson University - 8000 York Rd, Towson MD 21252 - 410-704-2171 - towson.edu/

procurement

The Contractor must contact the TU's Department of

Environmental Health and Safety (EHS) (410-704-2949)

immediately following any spill of a hazardous material in

excess of one (1) quart.

Occupational Safety And Health Act (O.S.H.A.)

All materials, supplies, equipment, or services supplied as a

result of this Contract shall comply with the applicable US and

Maryland Occupational Safety and Health Act standards.

Hazard Communication Standard

The Contractor will be responsible for advising all of its

employees of their rights under the University's Hazard

Communication Program, or more commonly referred to as

the Right To Know (RTK) Program. The University will supply

the vendor with sufficient copies of its Employee Safety

Program (ESP) booklet which outlines this program. Each and

every Contractor who physically works on campus shall be

required to sign a form acknowledging the receipt of the ESP

booklet and their rights/responsibilities pursuant to this

program. The University's Department of Environmental

Health and Safety is responsible for administering the RTK

program and will handle all information regarding this

program. Failure to adhere to the requirements of the RTK

Program may result in implementation of punitive action such

as the cancellation of the contract(s).

Pursuant to the provisions of the RTK Program, the Contractor

will be responsible for the following:

Submission to the Contract Services Office and EHS of a

complete list of all chemicals or chemical products to be used

on the University's property. This listing shall include the

chemical name, common name, manufacturer's name,

quantity and location (building and room number) for each

product. This listing shall be given to EHS by no later than two

(2) weeks prior to the start of any work under this contract.

Changes, additions, or deletions to the complete campus

chemical list must be submitted in writing five (5) working

days prior to the actual change occurring. All proposed

changes must be approved in writing by EHS prior to the

actual use of the new product on campus.

Submission to the Contract Services Office and EHS of

the manufacturer's Material Safety Data Sheet (MSDS) for all

chemicals or chemical products to be used or in use at the

University. These MSDS must be delivered, no later than two

(2) weeks prior to the start of any work under this contract.

There must be a MSDS for every product in use or present on

the campus unless exempted in writing by EHS. MSDS's for

any changes or additions to the complete campus chemical list

must be submitted five (5) working days prior to the actual

change occurring. All proposed changes must be approved in

writing by EHS prior to the actual use of the new product on

campus. The University, through EHS, reserves the right to

order a change in the use, storage, or method of handling of

any chemical/chemical product that it feels poses an

unreasonable hazard to the University's community.

NOTE: In the absence of the original manufacturer's MSDS,

EHS will accept a generic equivalent as long as a letter from

the Contractor stating that the original is not available is

attached.

The Contractor must warrant in writing to Towson

University’s Contract Administrator that all employees have

been trained and will continue to be trained in the proper and

safe storage, handling, use and disposal of all

chemicals/chemical products in use.

The Contractor agrees to obey and follow all local, state,

and federal regulations regarding the storage, handling, use

and disposal of all chemicals/chemical products. The

Contractor agrees to properly dispose of all regulated waste in

accordance with all applicable regulations and to make

available to EHS all records necessary to support such activity.

Asbestos

The Contractor is responsible for training and equipping all

personnel concerning work in asbestos environments as

applicable. They must be trained as prescribed by COMAR

26.11.21. All new employees must be trained within 30 days

after they are hired by the Contractor. This is to be

accomplished at no additional cost to this contract or the

University. An initial report on all employees as to their

asbestos training will be presented to the Contract

Administrator within the first 90 days of the Contract and

updated on a monthly basis. Thereafter, failure to comply with

this requirement would place the Contractor in default status.

Lead Paint

The Contractor is responsible for training and equipping all

personnel concerning work in lead paint containing

environments as applicable. Employees must be trained as

required within 60 days of contract commencement and all

new employees must be trained within 30 days after they are

hired by the Contractor. This training will be provided by the

Contractor at no additional cost to this contract or the

University. An initial report on all employees as to their lead

paint training will be presented to the Contract Administrator

within the first 90 days of the contract and updated on a

monthly basis. Thereafter, failure to comply with this

requirement would place the Contractor in default status.

Fire Safety

The Contractor agrees to comply with and follow all local,

state, federal and University regulations regarding fire safety.

It is the Contractor's sole responsibility to become familiar

with all of the applicable regulations and policies. Copies of the

University's policies and procedures are available from EHS.

The Contractor will be responsible for the following:

Procurement

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To provide all of its employees with sufficient training to

ensure that they are fully aware of all pertinent regulations and

policies in effect regarding fire safety.

To ensure that all of its employees are aware of and react

to the University's Emergency Procedures including, but not

limited to, fire drills and evacuations. All employees must be

instructed on the proper personnel to call to report an

emergency.

All portable electrical devices including extension cords

should be disconnected at the completion of the work

assigned. All electrical equipment must be approved by

Underwriters Laboratory and maintained in good working

order. Under no circumstances shall damaged electrical

equipment be utilized on this campus.

After pulling the fire alarm, evacuate the building to a

safe location and contact the University Police by dialing

extension 42133 immediately. If using a pay phone, dial 911

direct.

SMOKING IS NOT ALLOWED IN ANY OF THE

BUILDINGS. Any employee of the Contractor, who wishes to

smoke during a designated break, must do so outside.

The Contractor is responsible for fully complying with TU Hot

Works Permitting Program. A Hot Works Permit is required

any time a Contractor is doing any work on campus involving

an actual or potential source of ignition (e.g., arc or gas

welding, torch cutting, brazing, open flame soldering,

grinding, fired space heaters, etc.); or may potentially cause the

activation of a building fire alarm system; or may cause

building occupants to notify emergency response agencies

about the smell of smoke, heat, etc.

Hot Works Permits are issued prior to the start of the work by

EHS at 410-704-2949.

The Contractor assumes all responsibility for any work delays

associated with noncompliance with the Hot Works Permit

Program.

Bloodborne Pathogens

The Contractor will be responsible for providing the required

training dealing with occupational exposure to bloodborne

pathogens. Employees who have received this training may be

required to perform services in areas where they may be at

risk of exposure to blood or other potentially infectious

materials. Some responsibilities will include collection of

domestic trash in areas that generate special medical waste,

regular cleaning in these areas and spill response for accidents

that occur on campus that involve blood. Employees must be

informed on the potential hazards present in these areas and

the proper protective measures that can be taken to prevent

exposure. EHS is available to provide more information

concerning the areas on campus where personnel are at risk

of exposure.

Confined Space Entry

The Contractor agrees to comply with all local, state and

federal regulations pertaining to the entry into confined

spaces. The Contractor is responsible for contacting the TU's

Contract Services Manager in the Department of Facilities

Management for the location of all campus-confined spaces

and for identifying any confined space hazards prior to entry

into a confined space. The Contractor is responsible for

ensuring his/her workers and Subcontractors are adequately

trained in confined space entry procedures in accordance with

OSHA 1910.146, Permit Required Confined Spaces for General

Industry.

The Contractor will provide the Contract Administrator with a

written copy of their Confined Space Entry Plan (CSEP) for

review and approval at least 5 working days in advance of the

planned entry. Prior to work commencements, the Contractor

will also certify in writing that all of his/her workers and

Subcontractors have been trained in accordance with OSHA

1910.146, Permit Required Confined Spaces for General

Industry. This certification will list all employees working on

campus by name and social security number.

If the Contractor's CSEP is approved, the Contractor may

utilize his/her CSEP for entering into campus confined spaces.

If disapproved, or if the Contractor does not have a written

CSEP, the Contractor will comply with the University's CSEP.

Until such time as the Contractor provides written certification

that all of his/her employees and Subcontractor employees

working on campus have been adequately trained in confined

space entry procedures, entry in TU confined spaces is strictly

forbidden. Questions concerning TU CSEP should be directed

to EHS.

The Contractor assumes all responsibility for any work delays

associated with noncompliance with confined space

regulations.

Respiratory Protection

The Contractor agrees to comply with all local, state and

federal regulations pertaining to the use of respiratory

protection equipment. It is the Contractor's responsibility to

ensure their workers are provided and wearing the

appropriate respiratory protection device suitable to the

hazard.

The Contractor will provide the Contract Administrator with a

written copy of their Respiratory Protection Plan (RPP) for

review and approval at least 5 workdays in advance of the

planned entry. If approved, the Contractor may utilize his/her

RPP while on campus. If disapproved, or if the Contractor does

not have a written RPP, the Contractor will comply with the

University's RPP. Questions concerning TU RPP should be

directed to EHS at 410-704-2949.

The Contractor assumes all responsibility for any work delays

associated with noncompliance with respiratory protection

regulations.

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Waste Disposal

The Contractor is responsible for the removal and disposal of

all non- hazardous waste products generated from his/her

work on campus. All non-hazardous waste materials generated

by the Contractor shall be removed from campus (unless

otherwise specified) and disposed of in accordance with all

applicable federal, state and county laws and regulations. The

University reserves the right to require the use of a TU Non-

Hazardous Waste Manifest for transport off campus of any

University non-hazardous waste. The University also reserves

the right to approve or disapprove the facility(ies) the

Contractor utilizes for disposal of any University non-

hazardous wastes (as necessary). All costs will be borne by the

Contractor for the disposal of all hazardous or non-hazardous

wastes, unless otherwise specified in the contract.

Under no circumstances is any Contractor's generated

hazardous waste to be disposed of on campus. The Contractor

is responsible for the removal and proper disposal of all

his/her hazardous waste, in accordance with all applicable

federal, state and county laws and regulations. Contractor's

generated hazardous waste is waste resulting from their

operations/equipment on campus when using Contractor

owned/supplied materials/chemicals. Disposal costs for this

will be borne solely by the Contractor.

The University routinely performs wastewater monitoring in

accordance with its Industrial Wastewater Discharge Permit

and routinely screens campus discharges for hazardous

wastes. The Contractor will be held liable for any assessed

penalties attributable to the improper discharge of hazardous

wastes from campus facilities.

Contracts that require Contractors to transport and/or dispose

of regulated hazardous materials (i.e., hazardous wastes)

owned and/or generated by Towson University will be

disposed of by Towson University Environmental Health &

Safety utilizing existing University hazardous waste disposal

contractors. The Contractor should contact EHS as soon as the

hazardous wastes have been identified to coordinate the

disposal.

All transportation and disposal costs will be paid by Towson

University and then back charged to the Contractor.

Any questions concerning the disposal of hazardous or non-

hazardous waste should be directed to EHS at 410-704-2949.

10.

The Control of Hazardous Energy Source (Lock

Out/Tag Out)

The Contractor agrees to comply with all local, state and

federal regulations pertaining to the control of hazardous

energy sources. The Contractor is responsible for insuring

his/her workers and any Subcontractors are adequately

trained in Lockout/Tagout procedures in accordance with

OSHA 1910.147, The Control of Hazardous Energy Sources

(Lock Out/Tag Out).

The Contractor will provide the Contract Administrator with

a written copy of their Lock Out/Tag Out policy (LO/TO) and/or

procedures for review and approval at least five (5) working

days in advance of the commencement date of the contract.

Prior to work commencement, the Contractor will also certify

in writing that all of his/her workers and Subcontractors have

been trained in accordance with OSHA 1910.147. This

certification will list all employees working on campus by

name and social security number.

If the Contractor's LO/TO is approved, the Contractor may

utilize their LO/TO for work on hazardous energy sources. If

disapproved, or if the Contractor does not have a written

LO/TO, the Contractor will comply with TU LO/TO

Policy/Procedures. Until such time as the Contractor provides

written certification that all his/her employees and

Subcontractors working on campus have been adequately

trained in LO/TO procedures, work on hazardous energy

sources is strictly forbidden. Questions concerning TU LO/TO

Policy/Procedures shall be directed to EHS at 410-704-2949.

The Contractor assumes all responsibility for any work delays

associated with noncompliance with the control of Hazardous

Energy Sources regulations.

11.

Wastewater/Sewer Discharge

The University's Wastewater Discharge Permit strictly

prohibits the disposal of waste chemicals and corrosives via

the sanitary sewer system. NO waste chemicals (i.e., old,

unused, excess, etc.), including, but not limited to, organic

solvents and/or corrosives (pH less than or equal to 6 and

greater than or equal to 10) will be disposed of on campus via

the sanitary sewer system without advance written approval of

the TU Department of Environmental Health & Safety (EHS).

The Contractor shall submit MSDS's for all waste chemicals

they wish to dispose of in the sanitary sewer to EHS five (5)

working days in advance for approval.

The University routinely performs wastewater monitoring in

accordance with its Industrial Wastewater Discharge Permit

and routinely screens campus discharges for waste chemicals

and corrosives. The Contractor will be held liable for any

assessed penalties attributable to the improper discharge of

these materials from campus facilities.

The Contractor is subject to unannounced inspections of the

chemicals their employees are using on campus. TU

Department of Environmental Health & Safety will conduct

these unannounced inspections.

12.

Safety Training/Inspections/Meetings

The Contractor is responsible to notify the Contract

Administrator five (5) working days in advance of the date,

time and location of their monthly safety meeting.

13.

Materials

No asbestos, lead, or PCB containing materials (0%) are to be

utilized /installed on campus unless prior written approval has

been

received from the University's Department of Environmental

Health & Safety (410-704-2949).

14. Stormwater Pollution Prevention/Prohibition of Illicit

Discharges

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No person shall cause or contribute discharge directly or

indirectly into the Towson University municipal storm drain

system or waterways any materials, including but not limited

to pollutants or waters containing any pollutants that cause or

contribute to a violation of applicable water quality standards,

other than storm water.

Refer to 06-20.00 – University Policy on Stormwater Illicit

Discharge Detection and Elimination for additional

information.

No person may improperly store, handle, use or apply any

pollutant in a manner that will cause its exposure to rainfall,

runoff and discharge into the Towson University municipal

storm water drain system or campus waterways.

The commencement, conduct or continuance of any illegal

discharge to the storm drain system is prohibited except as

described:

a. The following discharges are exempt from discharge

prohibitions:

water line flushing or other potable water sources, landscape

irrigation or lawn watering, diverted stream flows, rising

ground water, ground water infiltration to storm drains,

uncontaminated pumped ground water, foundation or footing

drains (not including active groundwater dewatering systems),

crawl space pumps, air conditioning condensation, springs,

non-commercial washing of vehicles, natural riparian habitat

or wet-land flows, swimming pools (if dechlorinated -

typically less than one PPM chlorine), fire-fighting activities,

and any other water source not containing pollutants.

b. Any discharges specified in writing by Towson

University Environmental Health & Safety as being necessary

to protect public health and safety.

c. Dye testing only with required verbal notification to

Towson University Environmental Health & Safety [(410) 704-

2949 or safety@towson.edu prior to the time of the test.

d. The following discharges are exempt from discharge

prohibitions: water line flushing or other potable water

sources, landscape irrigation or lawn watering, diverted

stream flows, rising ground water, ground water infiltration to

storm drains, uncontaminated pumped ground water,

foundation or footing drains (not including active groundwater

dewatering systems), crawl space pumps, air conditioning

condensation, springs, non-commercial washing of vehicles,

natural riparian habitat or wet-land flows, swimming pools (if

dechlorinated - typically less than one PPM chlorine), fire-

fighting activities, and any other water source not containing

pollutants.

15. Prohibition of Illicit Connections

The construction, use, maintenance or continued existence of

illicit connections to the storm drain system is prohibited.

This prohibition expressly includes, without limitation, any

illicit connections made in the past. This is regardless of

whether the connection was permissible under law or

practices applicable or prevailing at the time of connection. A

person is considered to be in violation if the person connects

a line conveying sewage to the MS4, or allows such a

connection to continue.

16. Notification of Spills or Illicit Discharges

Notwithstanding other requirements by law, as soon as any

contractor has information regarding any known or suspected

release of materials that result or may result in illegal

discharges or pollutants discharging into storm water, the

storm drain system, campus waterways said person shall take

all necessary steps to ensure the discovery, immediate

containment, and cleanup of such release. In the event of a

release of hazardous materials or upon observing an illicit

environmental discharge immediately contact the Towson

University Police Department (TUPD) at (410) 704-4444. In

the event of a release of non-hazardous materials, notify

Towson University Environmental Health & Safety in person

or by phone [(410) 704-2949] or e-mail safety@towson.edu no

later than the next business day. Notifications in person or by

phone shall be confirmed by written notice addressed and

mailed to Environmental Health & Safety, Towson University,

8000 York Road, Towson, MD 21252 within three business

days of the phone notice.

17. Enforcement

a. Enforcement for student violators will follow the TU

Office of Student Conduct and Civility Educations Code of

Student Conduct.

b. Enforcement for University employees (Faculty and Staff)

shall follow the Towson University Policy for discipline or

termination Policy No. 07.05.25 – Disciplinary Action for

Employees.

c. Enforcement for Visitors (Non-TU Faculty, Staff, Students

or Contractors)

d. Individuals or Contractors, depending on the nature and

severity of the violation, may be referred to MDE for

prosecution for violation of federal and state laws and

regulations.

e. Any fines, penalties, environmental monitoring or

remediation expenses, etc., resulting from the illicit discharge,

will be violator’s responsibility.

f. During normal University business hours (Monday-

Friday, 8am- 4pm), contact EHS at (410) 704-2949 to report

violations.

g. If the violator is still on the scene, they should also

immediately contact TUPD at (410) 704-4444.

h. After normal duty hours, weekends and holidays, contact

TUPD at (410) 704-4444 to report violations.

Exhibit A-2 – Required Contract Provisions

Construction & Maintenance

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The provisions contained in this exhibit will be incorporated

and be a part of the contract entered into between Towson

University and any contractors as a result of this

procurement.

1. Affirmation - Contingent Fees

The Contractor shall submit with its bid/proposal a

Procurement Affirmation regarding contingent fees in the

form required by USM Procurement Policies and Procedures.

2. Affirmation - Debarment

The Contractor shall submit with its bid/proposal a

Procurement Affirmation in the form required by USM

Procurement Policies and Procedures.

3. Affirmation Regarding Debarment of Related Entities

The Contractor shall submit with its bid/proposal a

Procurement Affirmation regarding debarment of related

entities in the form required by USM Procurement Policies

and Procedures.

4. Affirmation - Non-Collusion

The Contractor shall submit with its bid/proposal a Non-

Collusion Affirmation in the form required by USM

Procurement Policies and Procedures.

5. Affirmation Regarding Bribery Convictions

The offeror warrants that neither it nor any of its officer,

directors, or partners not any of its employees who are

directly involved in obtaining or performing contracts with

any public body has been convicted of bribery, attempted

bribery, or conspiracy to bribe under the laws of any state or

of the federal government or has engaged in conduct since

July 1, 1977, which would constitute bribery, attempted

bribery, or conspiracy to bribe under the laws of any state or

the federal government.

The Contractor shall submit with its bid/proposal a

Procurement Affirmation regarding bribery convictions in

the form required by University System of Maryland (USM)

Procurement Policies and Procedures.

6. Affirmation Regarding Other Convictions

The Contractor shall submit with its bid/proposal a

Procurement Affirmation regarding other convictions in the

form required by USM Procurement Policies and Procedures.

7. Affirmation Regarding Sub-Contractors

The Contractor shall submit with its bid/proposal a

Procurement Affirmation regarding debarment of sub-

contractors in the form required by USM Procurement

Policies and Procedures.

8. Affirmation - Drug and Alcohol Free Workplace

The contractor warrants that the contractor shall comply with

COMAR 21.11.08 Drug and Alcohol Free Workplace, and that

the contractor shall remain in compliance throughout the

term of this contract.

9. Certification of Corporation Registration and Tax

Payment

The Contractor shall submit with its bid/proposal a

Procurement Affirmation regarding certification of

corporation registration and tax payment in the form

required by USM Procurement Policies and Procedures.

10. Affirmation - Financial Disclosure

The Contractor shall submit with its bid/proposal a Financial

Disclosure Affirmation in the form required by USM

Procurement Policies and Procedures.

11. Affirmation - Political Contribution Disclosure

The Contractor shall submit with its bid/proposal a Political

Contribution Disclosure Affirmation in the form required by

USM Procurement Policies and Procedures.

12. Contract Affidavit

The successful bidder shall submit, prior to contract award, a

Contract Affidavit in the form required by USM Procurement

Policies and Procedures.

13. Affirmative Action

The Contractor and all subcontractors shall develop and

maintain affirmative action plans directed at increasing the

utilization of women and members of minority groups on

State public works projects, pursuant to the Executive Order

11246 of the President of the United States of America and

guidelines on Affirmative Action issued by the Equal

Employment Opportunities Commission (EEOC) 29 C.F.R.

part 1608 and the Governor of Maryland's Executive Order

01.01.1993.16.

14. Amendments and Modifications

The contract documents, as defined within the contract,

constitute the entire agreement between the parties hereto.

All other communications between the parties prior to

execution of the contract, whether written or oral, with

reference to the subject matter of the contract are superseded

by the agreement contained therein. No amendment of this

contract shall be binding unless in writing and signed by the

parties. Amendments may not significantly change the scope

of the contract.

15. Civil Rights Act of 1964

Contractors providing materials, equipment, supplies or

services to the State under the contract herewith assure the

State that they are conforming to the Civil Rights Act of 1964,

the Civil Rights Restoration Act of 1988, the Civil Rights Act

of 1991, and Section 202 of Executive Order 11246 of the

President of the United States of America as amended by

Executive Order 11375, as applicable.

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16. Compliance with Laws

The Contractor hereby represents and warrants that:

a. It is qualified to do business in the State of Maryland, and

that it will take such action, as from time to time hereafter,

may be necessary to remain so qualified;

b. It is not in arrears with respect to the payment of any

monies and owing the State of Maryland, or any department

or agency thereof, including but not limited to the payment

of taxes and employee benefits, and that it shall not become

so in arrears during the term of the contract;

c. It shall comply with all federal, State and local laws,

ordinances applicable to its activities and obligations under

the contract; and;

d. It shall procure, at its expense, all licenses, permits,

insurance and governmental approval, if any, necessary to

the performance of its obligations under the contract.

17. Compensation and Method of Payment

Contractor agrees to include on the face of all invoices billed

to the University, its Taxpayer Identification Number, which

is the Social Security Number for individuals and sale

proprietors and the Federal Employee Identification Number

for all other types of organizations.

18. Confidentiality; dissemination of Information

Contractor shall not release any information related to

services or performance of the services under this Contract,

nor publish any final reports or documents without the prior

written approval of the University. Contractor shall

indemnify and hold harmless the State and the University, its

officers, agents and employees from all harm which may be

incurred by reason of dissemination, publication, distribution

or circulation, in any manner whatsoever, of any

information, data, documents, or materials pertaining in any

way to this Contract by Contractor, its agents or employees.

19. Conflict of Interest Law

It is unlawful for any State officer, employee, or agent to

participate personally in his official capacity through

decision, approval, disapproval, recommendation, advice, or

investigation in any contract or other matter in which he, his

spouse, parent, child, brother, or sister has a financial

interest or to which any firm, corporation, association, or

other organization in which he has a financial interest or in

which he is serving as an officer, director, trustee, partner, or

employee, or any person or organization with whom he is

negotiating or has any arrangement concerning prospective

employment, is a party, unless such officer, employee, or

agent has previously complied with the provisions of State

Government Article § § 15-501 et seq. of the Annotated Code

of Maryland.

20. Contract Modifications and Changes

a. The procurement officer unilaterally may, at any time,

without notice to the sureties, if any, by written order

designed or indicated to be a change order, make any change

in work within the general scope of the contract, including

but not limited to changes:

(1) In the specifications (including drawings and designs);

(2) In the method or manner of performance of the work;

(3) In the State-furnished facilities, equipment, materials,

services,

or site; or

(4) Directing acceleration in the performance of the work.

b. Any other written order or an oral order, including a

direction, instruction, interpretation or determination, from

the procurement officer that causes any such change, shall be

treated as a change order under this clause, provided that the

Contractor gives the procurement

officer written notice stating the date, circumstances, and

source of the order and that the Contractor regards the order

as a change order.

c. Except as herein provided, no order, statement, or

conduct of the procurement officer shall be treated as a

change under this clause or entitle the Contractor to an

equitable adjustment hereunder.

d. Subject to paragraph f., if any change under this clause

causes an increase or decrease in the Contractor's cost of, or

the time required for, the performance of any part of the work

under this contract, whether or not changed by any order, an

equitable adjustment shall be made and the contract

modified in writing accordingly; provided, however, that

except for claims based on defective specifications, no claim

for any change under (b.) above shall be allowed for any costs

incurred more than 20 days before the Contractor gives

written notice as therein required; and provided further, that

in the case of defective specifications for which the State is

responsible, the equitable adjustment shall include any

increased cost reasonably incurred by the Contractor in

attempting to comply with such defective specifications.

e. If the Contractor intends to assert a claim for an equitable

adjustment under this clause, he shall, within 30 days after

receipt of a written change order under a. above or the

furnishing or written notice under b. above, submit to the

procurement officer a written statement setting forth the

general nature and monetary extent of such claim, unless this

period is extended by the University. The statement of claim

hereunder may be included in the notice under b. above.

f. Each contract modification or change order that affects

contract price shall be subject to the prior written approval

of the procurement officer and other appropriate authorities

and to prior certification of the appropriate fiscal authority of

fund availability and the effect of the modification or change

order on the project budget or the total construction cost. If,

according to the certification of the fiscal authority, the

contract modification or change order will cause an increase

in cost that will exceed budgeted and available funds, the

modification or change order may not be made unless

sufficient additional funds are made available or the scope of

the project is adjusted to permit its completion within the

project budget.

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g. No claim by the Contractor for an equitable adjustment

hereunder shall be allowed if asserted after final payment

under the contract.

21. Contractor's On-Site Representative

The Contractor is required to maintain on site at all times

when the work is in progress on this project an individual

who represents the Contractor, is responsible for the entire

project, and can communicate in English with the

University's representative.

22. Contractor’s Invoices

Contractor shall include its Taxpayer Identification Number

on the face of each invoice billed to the University. If a

Purchase Order document is issued, the Purchase Order

Number must be included.

23. Cooperation with University and State

Representatives

Before any of the work shall begin, the Contractor shall

confer with the University's representative at the site and

agree on a sequence of procedure, means of access to the

premises, space for storage of materials and equipment, use

of approaches, use of facilities, etc.

24. Cost and Price Certification

The Contractor, by submitting cost or price information

certifies that, to the best of its knowledge, the information

submitted is accurate, complete, and current as of a mutually

determined specified date prior to the conclusion of any price

discussions or negotiations for:

a. A negotiated contact, if the total contract price is

expected to exceed $100,000 or a smaller amount set by the

procurement officer; or

b. A change order or contract modification, expected to

exceed $100,000 or a smaller amount set by the procurement

officer.

c. The price under this contract and any change order or

modification hereunder, including profit or fee, shall be

adjusted to exclude any significant price increases occurring

because the Contractor furnished cost or price information

which, as of the date agreed upon between the parties, was

inaccurate, incomplete, or not current.

25. Default Delay and Time Extension

Termination for Default — Damages for Delay — Time

Extensions

(1) If the Contractor refuses or fails to prosecute the work, or

any separable part thereof, with such diligence as shall insure

its completion within the time specified in this contract, or

any extension thereof, or fails to complete said work within

this time, the State may, by written notice to the Contractor,

terminate his right to proceed with the work or the part of the

work as to which there has been delay. In this event the State

may take over the work and prosecute the same to

completion, by contract or otherwise, and may take

possession of and utilize in completing the work the

materials, appliances, and plant as may be on the site of the

work and necessary therefor. Whether or not

the Contractor's right to proceed with the work is terminated,

he and his sureties shall be liable for any damage to the State

resulting from his refusal or failure to complete the work

within the specified time.

(2) If fixed and agreed liquidated damages are provided in

the contract and if the State so terminates the Contractor's

right to proceed, the resulting damage shall consist of such

liquidated damages until a reasonable time as may be

required for final completion of the work together with any

increased costs occasioned the State in completing the work.

(3) If fixed and agreed liquidated damages are provided in

the contract and if the State does not so terminate the

Contractor's right to proceed, the resulting damage shall

consist of these liquidated damages until the work is

completed or accepted.

(4) The Contractor's right to proceed may not be so

terminated nor the contractor charged with resulting

damages if:

(a) The delay in the completion of the work arises from

unforeseeable causes beyond the control and without the

fault or negligence of the Contractor, including but not

restricted to, acts of God, acts of the public enemy, acts of the

State in either its sovereign or contractual capacity, acts of

another Contractor in the performance of a contract with the

State, fires, floods, epidemics, quarantine restrictions,

strikes, freight embargoes, unusually severe weather, or

delays of subcontractors or suppliers arising from

unforeseeable causes beyond the control and without the

fault or negligence of both the Contractor and the

subcontractors or suppliers; and

(b) The Contractor, within 10 days from the beginning of any

such delay (unless the procurement officer grants a further

period of time before the date of final payment under the

contract), notifies the procurement officer in writing of the

causes of delay. The procurement officer shall ascertain the

facts and the extent of the delay and extend the time for

completing the work when, in his judgement, the findings of

fact justify such an extension, and his findings of fact shall be

final and conclusive on the parties, subject only to appeal as

provided in the "Disputes" clause of this contract.

(5) If, after notice of termination of the Contractor's right to

proceed under the provisions of this clause, it is determined

for any reason that the Contractor was not in default under

the provisions of this clause, or that the delay was excusable

under the provisions of this clause, the rights and obligations

of the parties shall, if the contract contains a clause providing

for termination for convenience of the State, be the same as

if the notice of termination had been issued pursuant to the

clause. If, in the foregoing circumstances, this contract does

not contain a clause providing for termination for

convenience of the State, the contract shall be equitably

adjusted to compensate for the termination and the contract

modified accordingly; failure to agree to any such adjustment

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shall be a dispute concerning a question of fact within the

meaning of the clause of this contract entitled "Disputes".

(6) The rights and remedies of the State provided in this

clause are in addition to any other rights and remedies

provided by law or under this contract.

(7) As used in paragraph (4)(a) of this clause, the term

"subcontractors or suppliers" means subcontractors or

suppliers at any tier."

26. Delivery and Acceptance

Delivery shall be made in accordance with the specifications.

The University reserves the right to test any materials,

equipment, supplies, or services delivered to determine if the

specifications have been met. The materials listed in the

specifications shall be delivered FOB the point or points

specified prior to or on the date specified in the solicitation.

Any material that is defective or fails to meet the terms of the

specifications may be rejected. Rejected materials shall be

promptly replaced. The State reserves the right to purchase

replacement materials in the open market. Vendors failing to

promptly replace materials lawfully rejected shall be liable

for any excess price paid for the replacement, plus applicable

expenses, if any.

27. Disputes

a. This contract is subject to the USM Procurement Policies

and Procedures.

b. Except as otherwise provided in this contract or by law,

all disputes arising under or as a result of a breach of this

contract that are not disposed of by mutual agreement shall

be resolved in accordance with this clause.

c. As used herein, claim means a written demand or

assertion by one of the parties seeking, as a legal right, the

payment of money, adjustment or interpretation of contract

terms, or other relief, arising under or relating to this contract.

A voucher, invoice, or request for payment that is not in

dispute when submitted is not a claim under this clause.

However, if the submission subsequently is not acted upon

in a reasonable time, or is disputed as to liability or amount,

it may be converted to a claim for the purpose of this clause.

d. Within 30 days after contractor knows or should have

known of the basis for a claim relating to this contract,

contractor shall file a written notice of claim with the

procurement officer.

e. Contemporaneously with, or within 30 days after, the

filing of a notice of claim, contractor shall submit the written

claim to the procurement officer. If contractor so requests, the

procurement officer, on conditions the procurement officer

deems satisfactory to the unit, may extend the time in which

contractor must submit the claim. An example of when a

procurement officer may grant an extension includes

situations in which the procurement officer finds that a

contemporaneous or timely cost quantification following the

filing of the notice of claim is impossible or impractical.

f. The claim shall set forth all the facts surrounding the

controversy.

Contractor, at the discretion of the procurement officer, may

be afforded an opportunity to be heard and to offer evidence

in support of the claim.

g. The procurement officer shall mail or deliver written

notification of the final decision within:

(1) 90 days after the procurement officer receives the claim

if the claim is an amount for which the Appeals Board

accelerated procedure, set forth in COMAR 21.10.06.12, may

be used;

(2) 180 days after the procurement officer receives the claim

for a claim not covered under §G(1) of this regulation; or

(3) A longer period that the procurement officer and

contractor agree to in writing.

h. The final decision may award a contract claim only for

those expenses incurred not more than 30 days before

contractor was initially required to have filed the notice of

claim.

i. The procurement officer's decision is the final action of

the University. If the procurement officer fails to render a

final decision within the time required, contractor may deem

the failure to be a final decision not to pay the claim.

j. If the final decision grants the claim in part and denies

the claim in part, the University shall pay contractor the

undisputed amount. Payment of the partial claim is not an

admission of liability by the University and does not preclude

the University from recovering the amount paid if a

subsequent determination modifies the final decision.

k. Contractor may file a written appeal with the Maryland

State Board of Contract Appeals within 30 days of receipt of

notice of the decision.

l. Pending resolution of a claim, contractor shall proceed

diligently with the performance of the contract in accordance

with the procurement officer's decision.

28. EPA Compliance

Materials, supplies, equipment and services shall comply in

all respects with the federal Noise Control Act of 1972, where

applicable. Power equipment, to the greatest extent possible,

shall be the quietest available. Equipment certified by the US

EPA as a Low Noise Emission Product pursuant to the Federal

Noise Control Act of 1972 shall be considered to meet the

intent of the regulation.

The Contractor must supply and have immediately available

to their employees spill containment equipment/supplies

necessary to contain any hazards it may introduce to the job

site. The Contractor is responsible for any and all costs

incurred by the University in remediating spills or releases of

materials introduced onto the job site.

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Depending on the nature of the contract, the additional

environmental and safety provisions contained in Exhibit A-

1 may also be required

29. FERPA

The Parties agree to maintain the privacy and security of

personally identifiable educational records and health

information and to prevent disclosure in compliance with

Federal laws.

30. Gramm-Leach-Bliley Act of 1999

The Contractor agrees that in performing its obligations

under this contract, the Contractor shall comply with all

requirements of a non-affiliated third-party who receives a

financial institution’s consumer or customer information,

under the Gramm-Leach-Bliley Act of 1999 and applicable

regulations thereto (the “GLB Act”) and other applicable

federal and state consumer privacy acts, rules and

regulations. Nonpublic personal information shall have the

same meaning as that term is defined in the GLB Act.

a. The Contractor agrees to disclose such nonpublic personal

information for the sole purpose of facilitating the

Contractor’s performance of its duties and obligations under

the contract and will not disclose such nonpublic personal

information to any other party unless such disclosure is (i)

allowed by the GLB Act and consented to by the University,

or (ii) compelled by law, in which case the Contractor will

provide notice of such disclosure to the University.

b. The Contractor represents and warrants that it will, for so

long as it retains nonpublic personal information, implement

and maintain in place the necessary information security

policies and procedures for (i) protecting the confidentiality

of such nonpublic personal information, (ii) protecting against

any anticipated threats or hazards to the security or integrity

of such nonpublic personal information, and (iii) protecting

against the unauthorized access to or use of such nonpublic

personal information. These terms apply to all

subcontractors employed by the Contractor who perform

work under the scope of the agreement.

If the Contractor’s price includes the cost of Contractor

furnishing any other material, equipment, supplies, or other

items in connection with the Contract, the Contractor shall

pay the Maryland sales tax.

31. Incorporation by Reference

The terms of this solicitation and any amendments thereto

are made a part of this Contract.

32. Indemnification

The University shall not assume any obligation to indemnify,

hold harmless, or pay attorneys' fees that may arise from or

in any way be associated with the performance or operation

of this agreement.

33. Inspection by the University

The University may provide for inspection, at any time, of

any part of the Contractor's work, and of any of the materials,

supplies or equipment which the Contractor may have on

hand or in the building. The Contractor shall provide

adequate cooperation with any inspector assigned by the

University to permit the inspector to determine the

Contractor's conformity with these specifications and the

adequacy of the work being performed.

34. Intellectual Property

Contractor agrees to indemnify and save harmless the

University, its officers, agents and employees with respect to

any claim, action, cost or judgment for patent infringement,

or trademark or copyright violation arising out of purchase or

use of materials, supplies, equipment or services covered by

the contract.

35. I-9 Requirement

Contractor warrants and represents that it is currently in

compliance, and that during the term of the contract it will

remain in compliance, with the Immigration Reform and

Control Act of 1986, and that it will obtain original valid

employment verification documentation from all its

employees on a timely basis as required by law and

regulation. This requirement also applies to all

subcontractors hired by Contractor.

36. Insurance and Indemnification Provisions

a. The Contractor shall defend, indemnify and save

harmless the University System of Maryland, its officers,

employees and agents, from any and all claims, liability,

losses and causes of actions which

may arise out of the performance by the Contractor,

employees or agents, of the work covered by the contract.

b. The Contractor shall secure, pay the premiums for, and

keep in force until the expirations of the contract, and any

renewal thereof, adequate insurance as provided below, such

insurance to specifically include liability assumed by the

Contractor under the contract.

(1) Commercial General Liability Insurance including all

extensions:

$2,000,000 each occurrence;

$2,000,000 personal injury;

$2,000,000 products/completed operations;

$2,000,000 general aggregate

(2) Workmen’s Compensation Insurance and

Unemployment Insurance as required by the laws of the

State of Maryland.

(3) Owner’s, Landlord’s and Tenant’s and Contractor’s bodily

injury liability insurance, with limits of not less than

$500,000 for each person and $2,000,000 for each accident.

(4) Property damage liability insurance with a limit of not

less than $2,000,000 for each accident.

(5) If automotive equipment is used in the operation,

automobile bodily injury liability insurance with limits of not

less than $1,000,000 for each person and $2,000,000 for each

accident, and property damage liability insurance, with a

limit of not less than $2,000,000 for each accident.

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c. Each policy for liability protection, bodily injury or

property damage must specifically name, on its face, the

University System of Maryland as an additional named

insured as respects operations under the contract and

premises occupied by the Contractor provided, however,

with respect to the Contractor’s liability for bodily injury or

property damage under items b(1) b(6) above, such insurance

shall cover and not exclude Contractor’s liability for injury to

the property of the University System and to the persons or

property of employees, students, faculty members, agents,

officers, regents, invitees or guests of the University System.

d. Each insurance policy shall contain the following

endorsements: “It is understood and agreed that the

Insurance Company shall notify in writing procurement

officer forty-five (45) days in advance of the effective date of

any reduction in or cancellation of this policy.” A certificate

of each policy of insurance shall be furnished to the

procurement officer. With the exception of Workmen’s

Compensation, upon the request of the procurement officer,

a certified true copy of each policy of insurance, including the

above endorsement, manually countersigned by an

authorized representative of the insurance company, shall be

furnished to the procurement officer. A certificate of

insurance for Workmen’s Compensation together with a

properly executed endorsement for cancellation notice shall

also be furnished. Following the notice of contract award, the

requested certificates and policies shall be delivered as

directed by the procurement officer. Notices of policy

changes shall be furnished to the procurement officer.

e. All required insurance coverages must be acquired from

insurers authorized to do business in the State of Maryland

and acceptable to the University. The insurers must have a

policyholders’ rating of “A-” or better, and a financial size of

“Class VII” or better in the latest edition of Best’s Insurance

Reports.

37. Fire and Extended Coverage Insurance

a. Contractor shall carry, at its own expense, builder's risk

insurance for the full contract amount, insuring against the

perils of fire, lightning, extended coverage vandalism, and

malicious mischief subject only to the minimum standard

deductible currently filed by the Insurance Service Office

with the State of Maryland Insurance Department. The

University will provide no coverage during the construction

period.

b. The builder’s risk policy shall contain endorsements

reading as follows:

(1) It is the intent of this insurance to cover specifically all

the Work being done under the Contract between the

insureds, and as to such Work this policy shall be primary

insurance and shall not contribute or claim contribution from

any other insurance being carried which, by its terms, would

also cover the property covered hereunder in the absence of

this insurance.

(2) Coverage afforded under this policy will not be canceled

until at least fifteen (15) days prior written notice has been

given to the Procurement Officer.

c. Certificates of insurance shall be submitted to the

Procurement Officer for review and approval prior to

commencement of work, and shall be held for the duration

of the contract. The University shall have the absolute right

to terminate the contract if the policy of insurance is canceled

at any time for any reason and a new policy is not obtained

by Contractor and approved by the Procurement Officer.

d. The above insurance shall remain in full force and effect

until such time as the University shall fully accept the work

covered by this contract.

38. Liquidated Damages

Time is an essential element of the contract and it is

important that the work be vigorously prosecuted until

completion.

For each day that any work shall remain uncompleted

beyond the time(s) specified elsewhere in the contract, the

Contractor shall be liable for liquidated damages in the

amount(s) provided for in the solicitation, provided, however,

that due account shall be taken of any adjustment of specified

completion time(s) for completion of work as granted by

approved change orders.

39. Local Conditions Covering Work

The Contractor shall cooperate with those in authority on the

premises to prevent the entrance and exit of all workmen

and/or others whose presence is forbidden or undesirable

and in bringing, storing or removal of all materials and

equipment, to observe all rules and regulations in force on

the grounds, to avoid unnecessary dust or accumulated

debris or the undue interference with the convenience,

sanitation or routine of the University and to prevent the loss

of, or damage to the property of the University and/or its

employees. The Contractor shall repair any and all damage

he may cause to the building or property, to the full

satisfaction of the University.

40. Mandated Contractor Reporting of Suspected Child

Abuse & Neglect

Maryland law contains mandatory reporting requirements

for all individuals who suspect child abuse or neglect.

Contractors performing work on campus also must comply

with USM Board of Regents (BOR) VI-1.50 – Policy on the

Reporting of Suspected Child Abuse & Neglect, as well as the

University Procedures for Reporting Suspected Child Abuse

and Neglect. The above-referenced USM/University Policy

and Procedures are available in full at the following link:

https://www.towson.edu/about/administration/policies/docu

ments/polices/06-01-50-policy-on-the-reporting-of-

suspected-child-abuse-and-neglect.pdf,

and are incorporated herein. The University reserves the

right to terminate the contract if Contractor fails to comply

with the above-referenced policy or procedures, or if, in the

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judgment of the University, termination is necessary to

protect the safety and welfare of children who come into

contact with the University community.

41. Maryland Law Prevails

The contract shall be governed by the laws of the State of

Maryland. The parties agree that exclusive jurisdiction shall

reside with the state and federal courts in the State of

Maryland.

42. Non-Hiring of Employees

No employee of the State of Maryland, or any department,

commission, agency or branch thereof whose duties as such

employee include matters relating to or affecting the subject

matter of the contract, shall,

while so employed, become or be an employee of the party

or parties hereby contracting with the State or any

department, commission, agency or branch thereof.

43. Non-Discrimination

The Contractor will comply with all applicable Federal and

State laws, rules and regulations involving

non-discrimination on the basis of race, color, creed, religion,

national origin, age, sex, political affiliation, marital status,

veteran status, condition of disability, or other non-merit

factor. In addition, Towson University’s policies, programs,

and activities comply with federal and state laws and

University System of Maryland regulations prohibiting

discrimination on the basis of race, color, religion, age,

national origin, sex, disability, and sexual orientation.

Provisions for reasonable accommodations shall be made by

the Contractor for handicapped applicants and qualified

handicapped individuals.

44. Non-Visual Access

The bidder or offeror warrants that the information

technology offered under this bid or proposal (1) provides

equivalent access for effective use by both visual and

nonvisual means; (2) will present information, including

prompts used for interactive communications, in formats

intended for both visual and nonvisual use; (3) if intended for

use in a network, can be integrated into networks for

obtaining, retrieving, and disseminating information used by

individuals who are not blind or visually impaired; and (4) is

available, whenever possible, without modification for

compatibility with software and hardware for nonvisual

access. The bidder or offeror further warrants that the costs,

if any, of modifying the information technology for

compatibility with software and hardware used for nonvisual

access will not increase the cost of the information

technology by more than 5 percent.

For purposes of this section, the phrase “equivalent access”

means that the ability to receive, use and manipulate

information and operate controls necessary to access and use

information technology by nonvisual means. Examples of

equivalent access include keyboard controls used for input

and synthesized speech, Braille, or other audible or tactile

means used for output.

45. Ownership of Documents and Materials

The Contractor agrees that all documents and materials

including, but not limited to, reports, drawings, studies,

specifications, estimates, maps, photographs, designs,

graphics, mechanical, artwork, and computations prepared

by or for it under the terms of the contract shall at anytime

during the performance of the services be made available to

the University upon request by the University and shall

become and remain the exclusive property of the University

upon termination or completion of the services. The

University shall have the right to use same without restriction

or limitation and without compensation to the Contractor

other than that provided by the contract. The University shall

be the owner for purposes of copyright, patent or trademark

registration.

46. Patents, Copyrights and Trade Secrets

a. If the Contractor furnishes any design, device, material,

process or other item which is covered by a patent or

another, Contractor shall obtain the necessary permission or

license to use such item.

b. Contractor will defend or settle, at its own expense, any

claim or suit against the State alleging that any such item

furnished by Contractor infringes any patent, trademark,

damages and costs that by final judgment may be assessed

against the State due to such infringement and all attorneys’

fees and litigation expenses reasonably incurred by the State

to defend against such a claim or suit. The obligations of this

paragraph are in addition to those stated in paragraph c.

c. If any products furnished by Contractor become, or in

Contractor's opinion are likely to become, the subject of a

claim of infringement, Contractor will, at its option: (1)

procure for the State the right to continue using the

applicable item; (2) replace the product with a non-infringing

product substantially complying with the item's

specifications; or (3) modify the item so it becomes

non-infringing and performs in a substantially similar

manner to the original item.

47. Payment Bond

A payment bond is required for all construction contracts in

excess of $100,000 in the amount equal to at least 100

percent of the contract price. The payment bond shall be

delivered by the contractor to the State not later than the time

the contract is executed. If a contractor fails to deliver the

required payment bond, the contractor's bid shall be

rejected, its bid security shall be enforced, and award of the

contract shall be made to the next lowest responsive and

responsible bidder.

The required payment bond shall be in the State of Maryland

form in effect at the time the contract is executed per COMAR

21.07.02.10B.

48. Performance Bond

A performance bond is required for all construction contracts

in excess of $100,000 in the amount equal to at least 100

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percent of the contract price. The performance bond shall be

delivered by the contractor to the University not later than

the time the contract is executed. If a contractor fails to

deliver the required performance bond, the contractor’s bid

shall be rejected, its bid security shall be enforced, and award

of the contract may be made to the next lowest responsive

and responsible bidder.

The required performance bond shall be in the State of

Maryland form in effect at the time the contract is executed

per COMAR 21.07.02.10A.

49. Payment of State Obligations

Payments to the Contractor pursuant to this contract shall be

made no later than 30 days after the University's receipt of a

proper invoice from the Contractor. Charges of late payment

of invoices, other than as prescribed by Title 15, subtitle 1, of

the State Finance and Procurement Article, Annotated Code

of Maryland, or by the Public Service Commission of

Maryland with respect to regulated public utilities, as

applicable, are prohibited.

50. Policies and Procedures

The USM Procurement Policies and Procedures in effect on

the date of execution of this Contract are applicable to this

Contract.

51. Responsibility of Contractor

a. The Contractor shall perform the services with that

standard of care, skill, and diligence normally provided by a

Contractor in the performance of services similar to the

services hereunder.

b. Notwithstanding any review, approval, acceptance or

payment for the services by the University, the Contractor

shall be responsible for professional and technical accuracy

of its work, design drawings, specifications and other

materials furnished by the Contractor under the contract.

52. Prompt Payment of Subcontractors

a. This contract and all subcontracts issued under this

contract are subject to the provisions of State Finance and

Procurement Article, §15-226, Annotated Code of Maryland.

References to “undisputed amount”, “prime contractor”,

“contractor” and “subcontractor” have the meanings stated in

Section 6.2 a-d herein have the meanings state in COMAR

21.10.08.01.

b. A contractor shall promptly pay its subcontractors an

undisputed amount to which a subcontractor is entitled for

work performed under this contract within

10 calendar days after the contractor receives a progress

payment or final payment for work under this contract.

c. If a contractor fails to make payment within the period

prescribed in b., a subcontractor may request a remedy in

accordance with COMAR 21.10.08.

d. A contractor shall include in its subcontracts for work

under the contract, wording that incorporates the provisions,

duties, and obligations of 6.1 a-d: State Finance and

Procurement Article, §15-226, Annotated Code of Maryland;

and COMAR 21.10.08.

53. Responsibility for Claims and Liability

The Contractor shall be responsible for all damage to life and

property due to its activities or those of its agents or

employees, in connection with the services required under

the contract. Further, it is expressly understood that the

Contractor shall indemnify and save harmless the University,

its officers, agents, and employees from and against all

claims, suits, judgments, expenses, actions, damages and

costs of every name and description, including reasonable

attorney's fees and litigation expenses arising out of or

resulting from the negligent performance of the services of

the Contractor under the contract.

54. Responsibility for Damage

a. The Contractor shall repair and restore to its original

condition any equipment, materials or surfaces damaged by

its operations.

b. The Contractor shall be entirely responsible for any loss

or damage to its own materials, supplies, and equipment, and

to the personal property of its employees while they are in

the building.

c. The Contractor shall be solely responsible for any

damage to the building or its contents for any loss or damage

to any property belonging to the University or the University

employees when such loss or damage may be attributable to

their actions or negligence or the actions or negligence of

their employees.

55. Retainage

a. This section shall apply if the contractor has furnished

100 percent payment security and 100 percent performance

security. The contractor and each subcontractor at any tier

shall incorporate the mandatory provisions outlined below in

paragraphs b. through d. of this section, into each subcontract

for work related to this contract.

b. The contractor may not retain from any payment due a

subcontractor a percent of the payment greater than the

percent for retainage specified in the contract.

c. A subcontractor at any tier may not retain from any

payment due a lower tier subcontractor a percent of the

payment greater than the percent of payments retained from

the subcontractor.

d. A contractor and a subcontractor are not prohibited, by

this section from withholding an amount in addition to

retainage if the contractor or subcontractor determines that a

subcontractor’s performance under the subcontract provides

reasonable grounds for withholding an additional amount.

56. Retention of Records

The Contractor shall retain and maintain all records and

documents relating to the contract for a minimum period of

four years after payment by the University of the final invoice

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and shall make them available for inspection and audit by

the State of Maryland.

57. Set-Off

The University may deduct from and set off against any

amounts due and payable to the Contractor any back-charges

or damages sustained by the University by virtue of any

breach of the contract by the Contractor or by virtue of the

failure or refusal of the Contractor to perform the services or

any part of the services in a satisfactory manner. Nothing

herein shall be construed to relieve the Contractor of liability

for additional costs resulting from a failure to satisfactorily

perform the services.

58. Site Investigation

The Contractor acknowledges that he has investigated and

satisfied himself as to the conditions affecting the work,

including but not restricted to those bearing upon

transportation, disposal, handling and storage of materials,

availability of labor, water, electric power, roads and

uncertainties of weather, river stages, tides or similar

physical conditions at the site, the conformation and

conditions of the ground, the character of equipment and

facilities needed preliminary to and during prosecution of the

work. The Contractor further acknowledges that he has

satisfied himself as to the character, quality and quantity of

surface and subsurface materials or obstacles to be

encountered insofar as this information is reasonably

ascertainable from an inspection of the site, including all

exploratory work done by the University, as well as from

information presented by the drawings and specifications

made a part of this contract. Any failure by the Contractor to

acquaint himself with the available information may not

relieve him from responsibility for estimating properly the

difficulty or cost of successfully performing the work. The

University assumes no responsibility for any conclusions or

interpretations made by the Contractor on the basis of the

information made available by the University.

59. Software Contracts:

As specifically provided by § 21-104, Commercial Law

Article, Annotated Code of Maryland, the parties agree that

this Agreement shall not be governed by the Uniform

Computer Information Transactions Act (UCITA), Title 21 of

the Commercial Law Article of the Annotated Code of

Maryland, as amended from time to time. This Agreement

shall be governed by the common law of Maryland relating

to written agreements, as well as other statutory provisions,

other than UCITA, which may apply, and shall be interpreted

and enforced as if UCITA had never been adopted in

Maryland.

Contractor agrees that as delivered to buyer, the software

does not contain any program code, virus, worm, trap door,

back door, timer or clock that would erase data or

programming or otherwise cause the software to become

inoperable, inaccessible, or incapable of being used in

accordance with its user manuals, either automatically upon

the occurrence of selected conditions, or manually on

command of Contractor.

60. Specifications

All materials, equipment, supplies or services shall conform

to Federal and State laws and regulations and to the

specifications contained in the solicitation. No asbestos, lead,

or PCB-containing materials (0%) are to be utilized/installed

on campus unless prior written approval has been received

from the University's Department of Environmental Health &

Safety (410-704-2949).

61. Subcontracting or Assignment

The benefits and obligations hereunder shall take effect and

be binding upon the parties hereto and neither the contract

nor the services to be performed thereunder shall be

subcontracted, or assigned or otherwise disposed of, either in

whole or in part, except with the prior written consent of the

University.

62. Suspension of Work

The procurement officer unilaterally may order the

Contractor in writing to suspend, delay, or interrupt all or any

part of the work for such period of time as he may determine

to be appropriate for the convenience of the University.

63. Tax Exemption

The State is generally exempt from federal excise taxes,

Maryland sales and use taxes, District of Columbia sales

taxes, and transportation taxes. Exemption certificates shall

be provided upon request. Where a Contractor is required to

furnish and install material in the construction of

improvement to real property in performance of the

Contract, the Contractor shall pay the Maryland sales tax and

the exemption does not apply.

64. Termination of Contract for Default

If the Contractor fails to fulfill its obligation under the contract

properly and on time, or otherwise violates any provision of

the contract, the University may terminate the contract by

written notice to the Contractor. The notice shall specify the

acts or omissions relied on as cause for termination. All

finished or unfinished services provided by the Contractor

shall, at the University's option, become the University's

property. The University shall pay the Contractor fair and

equitable compensation for satisfactory performance prior to

receipt of notice of termination, less the amount of damages

caused by the Contractor's breach. If the damages are more

than the compensation payable to the

Contractor, the Contractor will remain liable after

termination and the University can affirmatively collect

damages. The term "damages" as used in this paragraph may

include attorney's fees and litigation costs. Termination

hereunder, including the determination of the rights and

obligations of the parties, shall be governed by the provisions

of USM Procurement Policies and Procedures.

65. Termination of Contract for Convenience

The performance of work under the contract may be

terminated by the University in accordance with this clause

in whole, or from time to time in part, whenever the

University shall determine that such termination is in the

best interest of the University. The University will pay all

reasonable costs associated with the contract that the

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Contractor has incurred up to the date of termination and all

reasonable costs associated with termination of the contract.

However, the Contractor shall not be reimbursed for any

anticipatory profits which have not been earned up to the

date of termination. Termination hereunder, including the

determination of the rights and obligations of the parties,

shall be governed by the provisions of USM Procurement

Policies and Procedures.

66. Termination of Multi-Year Contracts

If the General Assembly fails to appropriate funds or if funds

are not otherwise made available for continued performance

for any fiscal period of the contract succeeding the first fiscal

period, the contract shall be canceled automatically as of the

beginning of the fiscal year for which funds were not

appropriated or otherwise made available; provided,

however, that this will not affect either the State's rights or

the Contractor's rights under any termination clause in the

contract. The effect of termination of the contract hereunder

will be to discharge both the Contractor and the State from

future performance of the contract, but not from their rights

and obligations existing at the time of termination. The

Contractor shall be reimbursed for the reasonable value of

any non-recurring costs incurred but not amortized in the

price of the contract. The State will notify the Contractor as

soon as it has knowledge that funds may not be available for

the continuation of the contract for each succeeding fiscal

period beyond the first.

67. Truth-In-Negotiation Certification

The Contractor by submitting cost or price information,

including wage rates or other factual unit costs, certifies to

the best of its knowledge, information and belief, that:

a. The wage rates and other factual unit costs supporting

the firm's compensation, as set forth in the proposal, are

accurate, complete and current as of the contract date;

b. If any of the items of compensation were increased due to

the furnishing of inaccurate, incomplete or noncurrent wage

rates or other units of costs, the State is entitled to an

adjustment in all appropriate items of compensation,

including profit or fee, to exclude any significant sum by

which the price was increased because of the defective data.

The State's right to adjustment includes the right to a price

adjustment for defects in costs or pricing data submitted by a

prospective or actual subcontractor; and

c. If additions are made to the original price of the contract,

such additions may be adjusted to exclude any significant

sums where it is determined the price has been increased due

to inaccurate, incomplete or noncurrent wage rates and other

factual costs."

68. Use of Contractor's Forms Not Binding on State

a. Except as provided in b.,the use or execution by the State

of any forms, orders, agreements, or other documents of any

kind, other than the contract documents, used pursuant to or

in the administration of any contract awarded by the State to

Contractor, shall not bind the State to any of the terms and

conditions contained therein except those provisions:

(1) generally describing, for the purposes of ordering:

Equipment or services to be provided, locations, quantities,

delivery or installation dates, and, to the extent consistent

with the contract documents, prices; and

(2) not otherwise inconsistent with the contract documents.

b. Any such form, order, agreement or other document

shall not vary, modify, or amend the terms and provisions of

the contract documents, notwithstanding any provision to

the contrary in such document, unless all of the following

conditions are met:

(1) the document expressly refers to the particular

document and provision of the contract documents being

modified and plainly and conspicuously identifies any

modification thereto as a modification:

(2) the document is executed on behalf of the State by the

procurement officer; and

(3) execution of the document is approved by the

procurement authority whose approval is required by law.

69. Variations in Estimated Quantities

Where the quantity of a pay item in this contract is an

estimated quantity and where the actual quantity of such pay

item varies more than twenty-five percent (25%) above or

below the estimated quantity stated in this contract, an

equitable adjustment in the contract price shall be made

upon demand of either party. The equitable adjustment shall

be based upon any increase or decrease in costs due solely to

the variation above one hundred twenty-five percent (125%)

or below seventy-five percent (75%) of the estimated quantity.

If the quantity variation is such as to cause an increase in the

time necessary for completion, the procurement officer shall,

upon receipt of a written request for an extension of time

within ten (10) days from the beginning of the delay, or within

a further period of time which may be granted by the

procurement officer before the date of final settlement of the

contract, ascertain the facts and make the adjustment for

extending the completion date as in his judgment the

findings justify.

Exhibit B

Bid/Proposal Affidavit

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A. AUTHORITY

I HEREBY AFFIRM THAT:

I am the (title) ______________________________________________ and the duly authorized representative of

(business) __________________________________________________ and that I possess the legal authority to make

this Affidavit on behalf of myself and the business for which I am acting.

B. AFFIRMATION REGARDING BRIBERY CONVICTIONS

I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business

(as is defined in Section 16-101(b) of the State Finance and Procurement Article of the Annotated Code of Maryland), or

any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the

business's contracting activities including obtaining or performing contracts with public bodies has been convicted of,

or has had probation before judgment imposed pursuant to Criminal Procedure Article, §6-220, Annotated Code of

Maryland, or has pleaded nolo contendere to a charge of, bribery, attempted bribery, or conspiracy to bribe in violation

of Maryland law, or of the law of any other state or federal law, except as follows (indicate the reasons why the

affirmation cannot be given and list any conviction, plea, or imposition of probation before judgment with the date,

court, official or administrative body, the sentence or disposition, the name(s) of person(s) involved, and current

positions and responsibilities with the business):

C. AFFIRMATION REGARDING OTHER CONVICTIONS RETAINED

I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business,

or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the

business's contracting activities including obtaining or performing contracts with public bodies, has:

(1) Been convicted under state or federal statute of:

(a) A criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract;

(b) Fraud, embezzlement, theft, forgery, falsification or destruction of records or receiving stolen property;

(2) Been convicted of any criminal violation of a state or federal antitrust statute;

(3) Been convicted under the provisions of Title 18 of the United States Code for violation of the Racketeer

Influenced and Corrupt Organization Act, 18 U.S.C. §1961 et seq., or the Mail Fraud Act, 18 U.S.C. §1341 et seq., for acts

in connection with the submission of bids or proposals for a public or private contract;

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(4) Been convicted of a violation of the State Minority Business Enterprise Law, §14-308 of the State Finance and

Procurement Article of the Annotated Code of Maryland;

(5) Been convicted of a violation of §11-205.1 of the State Finance and Procurement Article of the Annotated Code

of Maryland;

(6) Been convicted of conspiracy to commit any act or omission that would constitute grounds for conviction or

liability under any law or statute described in subsections (1) - (5) above;

(7) Been found civilly liable under a state or federal antitrust statute for acts or omissions in connection with the

submission of bids or proposals for a public or private contract;

(8) Been found in a final adjudicated decision to have violated the Commercial Nondiscrimination Policy under

Title 19 of the State Finance and Procurement Article of the Annotated Code of Maryland with regard to a public or

private contract; 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):

D. AFFIRMATION REGARDING DEBARMENT

I FURTHER AFFIRM THAT: Neither I, nor to the best of my knowledge, information, and belief, the above business,

or any of its officers, directors, partners, controlling stockholders, or any of its employees directly involved in the

business's contracting activities, including obtaining or performing contracts with public bodies, has ever been

suspended or debarred (including being issued a limited denial of participation) by any public entity, except as follows

(list each debarment or suspension providing the dates of the suspension or debarment, the name of the public entity

and the status of the proceedings, the name(s) of the person(s) involved and their current positions and responsibilities

with the business, the grounds of the debarment or suspension, and the details of each person's involvement in any

activity that formed the grounds of the debarment or suspension).

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E. 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 16-101, et seq., of the State Finance and Procurement Article of

the Annotated Code of Maryland; and

(2) The business is not a successor, assignee, subsidiary, or affiliate of a suspended or debarred business, except

as follows (indicate reasons why the affirmations cannot be given without qualification):

F. 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.

G. 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.

H. CERTIFICATION OF TAX PAYMENT

I FURTHER AFFIRM THAT: Except as validly contested, the business has paid, or has arranged for payment of, all

taxes due the State of Maryland and has filed all required returns and reports with the Comptroller of the Treasury, 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.

I. 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,

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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 making of the Contract.

J. CERTIFICATION REGARDING INVESTMENTS IN IRAN

(1) The undersigned bidder or offeror certifies that, in accordance with State Finance & Procurement Article, §17-

705:

(i) it is not identified on the list created by the Board of Public Works as a person engaging in investment

activities in Iran as described in §17-702 of State Finance & Procurement; and

(ii) it is not engaging in investment activities in Iran as described in State Finance & Procurement Article,

§17-702.

(2) The undersigned bidder or offeror is unable to make the above certification regarding its investment activities

in Iran due to the following activities:

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.

SIGNATURE OF AUTHORIZED REPRESENTATIVE & AFFIANT

DATE

PRINT NAME OF AUTHORIZED REPRESENTATIVE & AFFIANT

TITLE OF AUTHORIZED REPRESENTATIVE & AFFIANT

Exhibit C

Contract Affidavit

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A. AUTHORIZED REPRESENTATIVE

I HEREBY AFFIRM THAT:

I am the (title) ______________________________________________ and the duly authorized representative of

(business) __________________________________________________ and that I possess the legal authority to make

this Affidavit on behalf of myself and the business for which I am acting.

B. CERTIFICATION OF CORPORATION REGISTRATION AND TAX PAYMENT OR QUALIFICATION WITH

THE STATE DEPARTMENT OF ASSESSMENTS AND TAXATION

I FURTHER AFFIRM THAT: The business named above is a (X applicable items):

(1)

Corporation domestic (i.e., organized in Maryland) or foreign;

(2)

Limited Liability Co. domestic or foreign;

(3)

Partnership domestic foreign;

(4)

Statutory Trust domestic or foreign;

(5)

Sole Proprietorship

and is registered or qualified as required under Maryland law.

I further affirm that the above business is in good standing both in Maryland and (IF APPLICABLE) in the jurisdiction

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 the

State Department of Assessments and Taxation is:

Name & 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:

Name & 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 Section 13-221

of the State Finance and Procurement Article of the 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

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I FURTHER AFFIRM THAT: I am aware of, and the above business will comply with, Election Law Article, §§14-101

through 14-108, 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 valued at

$200,000 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

I CERTIFY THAT:

(1) Terms defined in COMAR 21.11.08 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's workplace and

specifying the actions that will be taken against employees for violation of these prohibitions;

(d) Not hire or assign to work on the contract anyone whom 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 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

§(2)(b), above;

(h) Notify its employees in the statement required by §(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 §(2)(h)(ii), above, or otherwise

receiving actual notice of a conviction;

(j) Within 30 days after receiving notice under §(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:

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(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 §(2)(a)

through (j), above.

(3) If the business is an individual, the individual shall certify and agree as set forth in §(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 of the contract.

(4) I acknowledge and agree that:

(a) The award of the contract is conditional upon compliance with COMAR 21.11.08 and this certification;

(b) The violation of the provisions of COMAR 21.11.08 or this certification shall be cause to suspend payments

under, or terminate the contract for default under COMAR 21.07.01.11 or 21.07.03.15, as applicable; and

in the exercise of the discretion of the Board of Public Works, result in suspension and debarment of the

business under COMAR 21.08.03.

F. CERTAIN AFFIRMATIONS VALID

I FURTHER AFFIRM THAT:

To the best of my knowledge, information, and belief, each of the affirmations, certification, or acknowledgments

contained in that certain Bid/Proposal Affidavit dated __________________ 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 is 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.

SIGNATURE OF AUTHORIZED REPRESENTATIVE & AFFIANT

DATE

PRINT NAME OF AUTHORIZED REPRESENTATIVE & AFFIANT

TITLE OF AUTHORIZED REPRESENTATIVE & AFFIANT

Exhibit F

Company Profile

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Company Name: ___________________________________________________________________________________

Date of Incorporation: ____________________________ State of Incorporation: ________________________________

Type of Work Performed:

Number of Years in Business: ______________________

Other or former names under which your organization has operated: _________________________________________

Type of Organization (e.g., Corp., Partnership, Individual, Joint Venture): _______________________________________

Name of Principal(s) and Title(s):

Brief History of the Company:

Total Number of Employees: ____________________

Number of Field Employees (Excluding Supervisory): ____________________

Number of Field Supervisory Personnel: ____________________

Number of Office Personnel (Excluding Supervisory): ____________________

Number of Office Supervisory Personnel: ____________________

Bonding Co.: __________________________________ Bonding Capacity: ___________________________________

Exhibit G

Firm Experience

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Proposer: ________________________________________________

Project Name: ___________________________________________________

Project Dollar Size: ________________________________________________

Start Date: _______________

Completion Date: ________________

Client/Customer: _________________________________________________________________________________

Address: ________________________________________________________________________________________

Contact Person ________________________________________________

Telephone: _________________________

Email: ________________________________________________________

Project Manager: ________________________________________________

Description of the Project:

Similarities Between this Project and TU Project:

Exhibit K

Addenda Acknowledgement

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Name of Bidder (Company): ______________________________________________________

Solicitation Number: ____________________________________________________________

Project Title: __________________________________________________________________

Due Date: _____________________________________________________________________

Acknowledgement

I hereby acknowledge receipt of the following addenda which have been issued regarding the above

referenced solicitiation:

Addendum #1, issue date: ________________________________

Addendum #2, issue date: ________________________________

Addendum #3, issue date: ________________________________

Addendum #4, issue date: ________________________________

Addendum #5, issue date: ________________________________

Addendum #6, issue date: ________________________________

Addendum #7, issue date: ________________________________

Addendum #8, issue date: ________________________________

Addendum #9, issue date: ________________________________

Addendum #10, issue date: ________________________________

Addendum #11, issue date: ________________________________

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DATE

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